The International Criminal Court: An End to Impunity?

Abstract

In the summer of 1998, the world community gathered in Rome for a major diplomatic conference sponsored by the United Nations. A statute was negotiated for the creation of what could be one of the century's most significant institutions: an international criminal court (the ICC) with seemingly broad jurisdiction over alleged perpetrators of the world's gravest crimes. At the end of the conference the statute for this unprecedented permanent administrator of criminal justice was adopted by a large majority of states, 120 voted for the court's establishment, seven voted against and 21 abstained. In spite of overwhelming global support, the world's only superpower voted against the ICC. In opposing the statute's adoption, the USA joined a rather strange group of allies that included China, Iraq, Israel, Libya, Qatar and Yemen. The US opposition is regrettable because the ICC is founded on state co-operation and would suffer gravely from a lack of participation. It is vital for the Court's future effectiveness that it is met with global co-operation and commitment. If key states do not support the Court in the future it will face insurmountable problems as it seeks to investigate international crimes and bring the perpetrators to justice. This essay will show that the ICC, as founded in the Rome Statute, is in a critical position. For states to be encouraged to co-operate, the institutions of international law need legitimacy in the eyes of their subjects - the states. One component of legitimacy is the effectiveness of the institution, which in turn depends upon state co-operation. The position of the USA as the world's only superpower is of crucial importance for the future of the ICC. In order for the ICC to become a practical success, states need to consider the Court as legitimate. Overall the essay will analyse the probability of the ICC to become an effective adjudicator of international criminal law and gain the amount of global support it needs to perform its duties in a meaningful fashion.