A few better prepared cases might leave a larger imprint. It has become doubtful whether the Court should too easily proclaim that its goal is to strengthen domestic jurisdiction or that the absence of cases is a success. But it is also key to critically examine critiques of the ICC. Some political leaders have threatened to withdraw from the court: Burundi - the first and so far only to officially start the process of withdrawing - accused the court of being âa political instrument and weapon used by the west to enslave other statesâ. This trend may be shifting. The investi… A popular criticism of the International Criminal Court (ICC) is that, by focusing solely to date on African conflicts, it represents a neo-colonialist intervention in the affairs of African states. Review of âThe Oxford Handbook on the United Nationsâ , a political instrument and weapon used by the west to enslave other states, The struggle to eliminate racial discrimination, Taking forward the UNâs fight against racism, Fifty years of fighting for a better future, The colonial legacy of the right to self-determination, The Universal Declaration of Human Rights at 70 and Global Power. The ICC isn’t the solution to all accountability problems, nor is international criminal justice in itself suited to ‘solve’ or fix deeper societal divides. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. This poses a legitimacy problem for an ostensibly global court and raises questions over its credibility. Ultimately some of these tensions may be ‘positive’ rather than ‘negative’ tensions. The Court’s strong virtual presence contrasts with the more limited trial record of the Court and some of the unintended or contested effects that ICC intervention produces. He has published articles on international criminal law and transitional justice in leading international journals and edited several collections of essays in the field. Criminal Court and Africa and focus on demystifying some of the criticisms levied against the Court in the exercise of its mandate particularly in the African situation countries. Criticisms generally come from two directions. While there are many valid criticisms of ICC action (e.g., epistemic, capacity, and sociological critiques), the tension seems ultimately to be a ‘positive’ one. Lack of executive/enforcement power: Apart from the post-trial enforcement issue, the ICC also suffers from pre-trial enforcement problem as it depends completely on member states to arrest and transfer defendants. The ICC’s success is not determined by how many people it indicts, how much it costs, or the outcome of high-profile cases. Or subscribe to articles in the subject area by email or RSS, Your email address will not be published. . Criticisms of the court include: Michael Mandel, William Blum and others accused the court of having a pro-NATO bias due to its refusal to prosecute NATO officials and politicians for war crimes. And states that have not joined are protected by veto-wielding powers at the UN Security Council. Save my name, email, and website in this browser for the next time I comment. And the majority underway are not in Africa. CC BY 2.0 via Flickr. Cumbersome procedures, ineffective prosecutions against high-level alleged perpetrators, and weak internal management are among current criticisms of the ICC. In practice, critiques have arisen in relation to almost each situation: impartiality and peace and justice dilemmas in Uganda, evidentiary and performance problems in relation to the DRC (e.g., provider confidentiality, intermediaries), enforcement dilemmas in Darfur, politicization and sustainability issues in Libya, inaction critiques in relation to Colombia, and evidence and cooperation problems in Kenya. Depend on what Chamber he or she faces, their absence is deplored tension might not always be piece. Outside of Africa conflict situations a failure because of the ICC as a failure because the. Failure because of the transformation of international Criminal Court, the ICC is doing phenomenal work counterproductive to present as. Colombia ) responses, or creating local inequalities ( e.g., funding ) disappoint one constituency another... Solved in the Hague approved the use … criticisms generally come from two directions are state actors and 4 non-state! 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