The International Criminal Court and its Effectiveness

Crime can be generalised as an illegal act, punishable by a state or other higher authority. Big and small crimes have occurred throughout the history of humankind and the existence of our civilization. The term crime does not have any simple and universally accepted definition. This article will seek to analyse and deconstruct crime and the International Criminal Court’s role, thereby also will lead to discussing the degree of its assiduity.

What are some of the causes and aims of punishment for crimes in general?

It is understood that there are three main causes of crime: social, environmental and psychological.

Social:

Young people who end up in prison have been excluded from school so they lack education and qualifications. Abusive and violent parents and broken homes may provide poor role models and leave children ignorant of acceptable behaviour. Gambling and substance abuse may be financed through shoplifting, burglary and prostitution or some other form of criminal activity.

Environmental:

During times of high unemployment—crime rates rise. People need money to supply their basic needs, so they go down the road of crime. Gang rivalry in certain areas has led more people to carry knives and guns for self-defence, which leads to more trouble once a fight or a dispute breaks out.

Psychological:

Criminologists say that a significant number of people in prison are suffering from mental illness or psychological problems. Some people say that human nature is naturally selfish and greedy, thus doing things for self-interest and for self-interest only.

There are 5 main aims of punishment: protection, reform/rehabilitation, retribution, deterrence and vindication. Protection is when people believe that society must be protected from dangerous criminals. Criminals lose their freedom as they’ve betrayed the legal system, so others do not have to worry about their actions. Reform/rehabilitation is a punishment to change the criminal so they learn to be a good person and prevent them from re-offending, while retribution can be considered revenge; people deserve to take revenge on the criminal. It is ‘an eye for an eye, a tooth for a tooth’ as Hammurabi stated. Deterrence states that to put people off committing a crime in the first place and to teach other “potential” criminals a lesson. Vindication is when people believe that others must see that laws are upheld and respected. Those who break them will be punished to show society should uphold justice.

How was the ICC established?

The ICC was established by the Rome Statute (a treaty) of the International Criminal Court in 1998, and it began sittings on 1 July 2002, after 60 countries had ratified the Rome Statute. To date, some 120 countries have ratified it, including the UK. But the US - along with China, India and Russia - has refused to join, while some African nations have accused the body of being unfairly focused on Africans.

What are the objectives and goals of the International Criminal Court?

The International Criminal Court is a permanent court which prosecutes individuals on genocide, crimes against humanity and war crimes. The ICC has four main aims, these are:

1. To ensure the worst perpetrators are held accountable for their crimes,

2. To serve as a court of last resort that can investigate,

3. To prosecute and punish the perpetrators of genocide, crimes against humanity and war crimes, and assist national judiciaries in the investigation and prosecution of perpetrators, with the aim of allowing member states to be the first to investigate,

4. To prosecute and help promote peace and security by deterring potential perpetrators.

How does it function?

The ICC is not a substitute for national courts. According to the Rome Statute, every state must exercise its criminal jurisdiction over those responsible for international crimes. And so ICC can only intervene where a State is unable or unwilling genuinely to carry out the investigation and prosecute the perpetrators.

The ICC is composed of four internal organs: the Presidency, the Chambers, the Office of the Prosecutor and the Registry. The Presidency is responsible for the administration of the Court and represents the Court to the outside world. The Chambers comprise 18 judges who fulfil the judicial functions of the Court: they resolve all issues which arise before the trial phase begins and decide on the admissibility of situations and cases before the Court, they ensure that trials are fair and just. They also make sure that immediate actions are conducted with full respect for the rights of the accused and due regard for the protection of the victims and the witnesses, they may uphold, reverse or amend a decision or even order a new trial. The Office of the Prosecutor analyses information on situations or alleged crimes within the jurisdiction of the ICC determines whether to initiate an investigation and litigation cases before the various Chambers of the Court. The Registry provides administrative and operational support to the Court and is responsible for activities concerning defence, victims, communication and security matters.

Why is its effectiveness being questioned?

From what you’ve learned so far, it seems clear that ICC is a legitimate and effective way to solve any international discord. Yet, its legitimacy and effectiveness are being questioned. When the ICC was established, it was widely applauded; no longer would the odious crimes of powerful parties be left unpunished. However, enthusiasm for the ICC has waned since then, especially on the African continent, among claims that the court is disproportionately targeting Africans and engaging in Western imperialism and/or neocolonialism. Another recent event which again brought the ICC’s effectiveness was regarding war atrocities caused by the American troops in Afghanistan. According to the BBC’s interview with Fatou Bensouda, the chief prosecutor of the ICC, the US has imposed sanctions on senior officials in the International Criminal Court, including Fatou Bensouda herself. When President Trump issued his executive order in June, the ICC denounced what it called "further threats and coercive actions" against it. "An attack on the ICC also represents an attack against the interests of victims of atrocity crimes, for many of whom the Court represents the last hope for justice," its statement read. (The statement can be found HERE) It’s a pity that international effort, though it may have some flaws, are discouraged by countries and states of a higher power.

In short, these international efforts can be achieved much quickly if powerful countries support these efforts to bring a bit more peace to the world we all share. I always try to keep it as unbiased as possible, but as you can see, that did not succeed as I would’ve liked it to. Nonetheless, thank you for reading this, and I hope that you can critically make an informed decision on the position of the International Criminal Court in the 21st century.