The Foreign Capacity of the Global Adjudication

(508 Words)

The International Criminal Court (ICC), founded in 2002, aims to punish those

responsible for some of the greatest crimes in history accountable. Supporters of the

court claim that it deters potential war criminals, upholds the rule of law, and provides

justice for atrocity victims. However, since its creation, the court has been under fire

from a wide range of parties and has failed to win over major countries like the United

States, China, and Russia. The UN General Assembly approved the foundation treaty of

the ICC during a meeting in Rome in July 1998. The Rome Statute came into effect on

July 1, 2002, after being approved by more than sixty nations. Today, there are 123

countries party to the Rome Statute. (Klobucista & Ferragamo, 2023)

The International Criminal Court and the larger Rome Statute system play a

significant role in strengthening the rule of law by penalizing transgressions of

international legal standards and encouraging adherence to these norms. Given the

nature of the norms that the Rome Statute addresses—norms intended to deter crimes

that "threaten the peace, security, and well-being of the world". (Song, 2012)

Since July 17, 2018, the International Criminal Court has been given some

authority to prosecute individuals for the most egregious instances of using unlawful

force against other countries. Thus, the Court may actively advance the United Nations

Charter and its pursuit of peace and security. (The global campaign for the prevention of

aggression, 2013)

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 In order to put an end to impunity for the greatest crimes under international law,

including genocide, war crimes, crimes against humanity, and crimes of aggression, the

ICC was formed as the first permanent impartial tribunal in the world. Since the

beginning of its operations, the ICC has swiftly emerged as the core of the global

criminal justice system. In 17 cases across four continents, it is now undertaking trials,

inquiries, and preliminary investigations. (The global campaign for the prevention of

aggression, 2013)

Although in theory, the reach of International Criminal Court be global, it currently

only has a little amount of authority to investigate and trial cases of aggression involving

States Parties to the ICC. The UN Security Council may also send the matter to the for

investigation and prosecution, in which case the approval of the State in issue is

immaterial. However, the Security Council's right to make such recommendations is only

seldom used as a result of the permanent members' veto power. (Song, 2012)

In conclusion, the establishment of the International Criminal Court and the

Rome Statute system mark a tremendous advancement in the fight for international

justice and the rule of law. The ICC was established in 2002 with the goal of holding

those responsible for some of the most serious crimes against humanity, such as

genocide, war crimes, crimes against humanity, and crimes of aggression, accountable.

Supporters of the court contend that it deters prospective war criminals and protects the

fundamentals of international law, but it has come under heavy fire from powerful

countries, especially the United States, China, and Russia.