Exam (elaborations)
International Criminal Court Questions and Answers 100% Solved
International Criminal Court
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International Criminal CourtAims and objectives - answer-Ensure the worst perpetrators are held accountable for
their crimes.
-Serve as a court of last resort to investigate, prosecute and punish perpetrators of
crimes against humanity, war crimes and genocide.
-Assist national judiciaries in investigating and prosecuting the worst offenders allowing
the state to be the first to investigate and prosecute.
-Help promote international peace and security by deterring future would be
perpetrators.
Role - answer-try individuals accused of the most egregious crimes including crimes
against humanity, war crimes and genocide.
-thus it seeks to ensure the worst offenders are held accountable for their crimes.
-exercise jurisdiction when states are unwilling or unable (limited to states who have
ratified the rome statute)
-assist national judiciaries with their prosecutions.
Power influence and authority - answer-108 states have ratified the Rome Statute
-2 successful prosecutions
E.g. 2014 Trial of Uhurru Kenyatta for mass killing of opposition voters in 2007-08
elections. Kenyatta withdrew from position of president to face charges.
E.g. Thomas Lubanga Dyilo, 1st prosecution by the ICC, 2006 arrest warranted, 2009
trial for war crime of conscripting child soldiers in DRC during conflict, 2012 found guilty
and sentenced to 14 years imprisonment.
Limitations - answer-Undermined legitimacy and authority
E.g. Many significant states have not ratified the Rome Statute including US, China and
Russia
-Only able to prosecute individuals from states are signatories (unless jurisdiction
extended via UNSC)
E.g. North Korean president Kim Jong Un cannot be tried for his HR violations detailed
in the UN report 2014 as non signatory and extended jurisdiction via UNSC vetoed by
China due to realist pursuits.
-relies on compliance and cooperation of states
E.g. Sudanese president Omar Al Bashir remains free due to protection from states like
Kenya for war crimes in Darfur Conflict 2003 and regards ICC as "mosquito in the ear of
an elephant" undermining authority.
-no enforcement mechanism
E.g. Omar Al Bashir remains free despite ICC issuing arrest warrant
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