International Criminal Court: Challenges and Problems

Abstract

The International Criminal Court was established by the Rome Statute which was adopted on 17^th July, 1998 and entered into force on 1^st July, 2002 as at 1^st July, 2005, 99 States had ratified or acceded to the Statute. The Court is an independent, permanent judicial institution with jurisdiction over persons for the most serious crimes of international concern, namely, genocide, crimes against humanity and war crimes. The Statute recognizes that States have the primary responsibility for investigating and punishing these crimes. The Court is complementary to the efforts of States to investigate and prosecute international crimes. It may only exercise, its jurisdiction over cases where national systems do not conduct proceedings or where they are unwilling or genuinely unable to carry out such proceedings. By helping to ensure that the perpetrators of genocide, crimes against humanity, war crimes and aggression do not go unpunished, the Court is intended to contribute to the prevention of these serious international crimes. The International Criminal Court is intended to contribute to efforts to restore and maintain international peace and security and guarantee lasting respect for and enforcement of international justice. However, the Court cannot succeed alone. The work of the Court is a common endeavour, dependent on the support and cooperation of all States parties, as well as other States, international organizations and civil society. The ICC is not an international Court endowed with a super national competence in the strict sense of the word. The extent of voluntary renouncement of a portion of domestic jurisdiction on the part of the sovereign States involved and the slow process of auto-limitation on the part of concerned sovereign States of their own power will continue to remain as challenges to the International Criminal Court.