How Effective the International Criminal Court Has Been: Evaluating the Work and Progress of the International Criminal Court

Authors

Moses Retselisitsoe Phooko

Abstract

There are serious challenges facing the International Criminal Court (ICC). Two of these hindrances are that: firstly, the ICC has been accused of only targeting the African continent; and secondly, the Rome Statute of the International Criminal Court (Rome Statute) has no enforcement mechanism against the state parties who refuse to cooperate with the court. In light of these challenges, the question is whether the ICC would be able to meet the expectations of the international community. The significance of this study is to contribute to the effort of making the ICC an independent, credible and effective tribunal to end impunity for those who commit heinous crimes. This paper seeks to assess the work and progress of the ICC since its inception in 2002. To achieve this, the paper will focus on the causes of nonimplementation of pending warrants of arrest and attempt to ascertain whether the aforesaid warrants have had effects on the conditions that lead to: the investigations by the ICC; the cases before the court which have, in my view, compromised the integrity and autonomy of the ICC because of, inter alia, its selective geographical prosecutions; convictions made by the court (if any); the pillar of the ICC, namely cooperation from member States to the Rome Statute that seems to be lacking; the future relationship between the African Union and the ICC given the current tension between the two institutions; the recent developments on the definition of the crime of aggression as a success in pre-empting States from occupying other States outside the permissible grounds under the Charter of the United Nations; and views on the proposed introduction of the oversight mechanism for the ICC and recommendations on how to improve the effectiveness of the Court.

Recommended Citation

Phooko, Moses Retselisitsoe (2011) "How Effective the International Criminal Court Has Been: Evaluating the Work and Progress of the International Criminal Court," Notre Dame Journal of International & Comparative Law: Vol. 1: Iss. 1, Article 6.
Available at: https://scholarship.law.nd.edu/ndjicl/vol1/iss1/6