The International Criminal Court
The International Criminal Court is different from previous war crime courts which were restricted to particular clashes. The ICC maintains itself as a permanent institution whose authority and control prevails globally (Schabas, 2001).The International Criminal Court has been proven to be the most recent and hopeful advancement and promotion in the establishment of structured global justice system. The creation of the ICC has been considered positive for protection of human rights. It has been instituted with a great deal of support and high expectations with the intentions of not only authorizing justice as well as spreading it (Broomhall, 2003).
The ICC indicates a very important and fundamental step of subjecting state sovereignty to the transnational humanitarian law; the Court is responsible for the evaluation of state’s adherence to international law and dictates them to follow the law.
Effectiveness of the International Criminal Court
The solidity and stability of ICC stops the adjudicators and prosecutors from being manipulated by their own financial wellbeing and benefits.
The International Criminal Court is considered to be autonomous and in collaboration with the Security Council, it offers impartiality. The actions taken by the Court so far proves that it takes caution (Broomhall, 2003). For example, Luis Moreno-Ocampo, the first prosecutor of ICC, has been successful in refraining from actions that would cause his authenticity and authority to be put in jeopardy by African or Western states. He is the same prosecutor who has kept away from contentious investigations related to Afghanistan and British soldiers in Iraq and the only condemnation against the government official was against Sudan, with the restriction of the Security Council (Schabas, 2001). Because of this, The Court has been successful in working closely with the number of critical partners which includes the United States of America and other international, regional and non-governmental organizations.
Although, the control system influences the Courts power, these limitations do not cooperate with Court’s capability to serve its directive. To understand this, it is essential to identify the predominantly normative function of the Court. The Court’s main aim and objective is to serve not as prevention but rather ethical instruction. The ICC is to spread the customs of the worldwide civilized human rights law which will eventually put an end to the heinous crimes committed against humans by establishing unconscious self-consciousness against crime and provision of ongoing lawfulness.
In December 2003, the ICC opened an investigation against the state part of Uganda. On July 2005, the Court announced its first public arrest warrants against five senior leaders for crimes such as murder, enslavement, rape, corporal tortures, targeting civilians, plundering, recruiting children in the army, cruel treatment of civilians and promoting violence against women. None of these criminals have yet arrested because of non-cooperation from the government of Uganda (International Criminal Court, 2008). A Congolese militia leader was arrested in March 2006 because he had performed atrocious war crimes against children who were recruited in his army. Two more members were involved in Ituri conflict. Germain Katanga and Mathieu Ngudjolo were prosecuted for war crimes which included attack on Bogoro village, massacring more than 200 civilians and raping women and girls.
Jean-Pierre Bemba was arrested in May 2008 for charges against war crimes and crimes against humanity. Botuli Itofo was sent to twenty years of imprisonment in February 2008 (International Criminal Court, 2008). He was charged for raping more than fifty women and girls. In December 2005, protesters from Uzbekistan filed a complaint against the Uzbek Interior Minister Zokirjon Almatov in relation with Andijan massacre. However, the trial did not come because of lack of cooperation from the government of Uzbekistan. In 2007, Corporal Donald Payne was the first British person who was accused of war crimes (International Criminal Court, 2008). He was found guilty under ICC and was sent to one year in jail and was suspended from the army permanently.
In conclusion, it is extremely doubtful that the Court will transgress and violate its mandate. The direct and indirect forms of control which come in the form of practical stratification and prudence, assure that the International Criminal Court would not be abused by the state or by the Court itself. The ICC’s factual power and actual effects will come slow, only after it successfully accomplishes the agreement and consent of all the states. There is no doubt that ICC has the potential to restructure and to reform the international justice but it will take some time as it is not overnight procedure.
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