International Law

A Pen Without a Sword: The International Criminal Court

April 6, 2017 William Tong 0

International criminal law is defined by lofty goals. The branch of law seeks to establish direct criminal responsibility for individuals across state lines by creating transnational mechanisms for adjudication and enforcement of international human rights treaties. The main body for this adjudicative process is the International Criminal Court, (ICC) established by the 1998 Rome Statute. Although the ICC is supposedly the court of last resort for individual criminal activities, it is plagued by problems. The first problem concerns a lack of stakeholders. Several major countries currently do not participate in the ICC. The United States and Russia, while signatories to the Rome Statute, have yet to ratify it. China and India are not signatories at all. Additionally, multiple African nations such as Burundi, South Africa, and Gambia have recently exited from the ICC. Several others, including Uganda and Kenya, seem likely to follow suit. This mass exodus from the stems largely from accusations that the ICC is biased against African nations. In an official statement, the Gambian government noted that “there are […]