Strengths and weaknesses of ICC Questions and Answers
Strength 1: Rome statute 1998
Establishes first permanent treaty based court for international crimes
Rules for states to cooperate with ICC
Encourages cooperation
'Court of Last Resort'
Example of successful conviction of ICC:
2014...
Strengths and weaknesses of ICC
Questions and Answers
Strength 1: Rome statute 1998 - answer Establishes first permanent treaty based
court for international crimes
Rules for states to cooperate with ICC
Encourages cooperation
'Court of Last Resort'
Example of successful conviction of ICC: - answer 2014: Germain Katanga
Congolese warlord in DRC
12 years
Crimes against humanity and war crimes during Congo civil war
Weakness 1: limits to sentencing powers - answer Sentencing doesn't seem to be a
reflection of crimes- too short
Can't try for crimes before 2002 unlike UN tribunals
No police force relies on states domestic police/military to cooperate to enforce
indictments and be effective
Example of limit to sentencing powers: - answer 2012: Thomas Lubyanga Dyilo
DRC warlord
14 years for human rights abuses
Released 2020 only served 8 years
Strength 2: jurisdiction of ICC - answer 124 countries ratified Rome statute and
accept ICC's jurisdiction
Example of jurisdiction when state not part of ICC - answer 2023: Indictment of Putin
Although Russia not member of ICC Putin was still able to be indicted
Weakness 2: limits to jurisdiction - answer ICC extremely subservient to states
States determine it's effectiveness as have to cooperate in order for ICC to be
successful- no coercive power
China, Russia, US and India all do not recognise ICC jurisdiction meaning 70% of
world's population outside of jurisdiction
All convictions are African- limits to jurisdiction AU told members not to recognise ICC-
neo-colonial
Omar Al-bashir went to South Africa 2015 (Member of ICC) should've arrested him but
didn't ignoring ICC
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