The Tribulations of the International Criminal Court

Mahir Al Banna1

https://doi.org/10.62271/pjc.16.1.345.360

Abstract
This research focuses on substantial responses that international criminal law can provide to address the limits and ineffectiveness of the International Criminal Court. It sheds light on the reasons behind its failures. The Court is a victim of an intrinsic dualism: a political organ (the States Parties) and a legal organ (the Court itself) ensure its functioning. The problem is that the aims of these two organs are not necessarily the same. While the goal of the ICC is to end
impunity, it is powerless as the States parties don‟t equip it with enough means of pressure. By exploring some controversial cases, the study highlights the threats faced by its mandate. The study concludes that the Court should clarify the legal standards it applies to its criminal proceedings, work based on clear prosecution strategies and policies, put an end to its endless impunity.

Keywords: Pre-Trial Chamber, ICC Prosecutor, UN Security Council, Judicial proceedings, Immunity, interest of justice.