THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT: CRITICISMS, POLITICAL PRESSURES, AND THE CHALLENGES OF ITS EXPANSION.
Keywords:
International Criminal Court (ICC), jurisdiction (territorial and personal), Rome Statute, sovereignty, political pressure, enforcement, extradition, execution of sentences, states parties and non-states parties, aggression, war crimes, genocide, crimes against humanity.Abstract
The International Criminal Court is an international tribunal for war crimes, genocide, crimes against humanity, and the crime of aggression, and it holds an important place in the global system of legal justice. However, the Court's jurisdiction and activities face a number of serious criticisms. First, powerful non-member states (for example, several major powers) do not recognize the ICC's judgments or orders, which undermines confidence in universal justice. Second, the court's enforcement—arrests, investigations, detentions, and sentence executions—largely depends on states' cooperation. In many cases, if states do not cooperate, the court's judgments remain “on paper.” Third, the court is under criticism of “selective justice”; Critics point out that the court tends to focus on cases in relatively weak states or in Africa, often overlooking those of powerful states (even if they are not members).
Ultimately, while the International Criminal Court can be an important instrument for global justice and accountability, ensuring its expansion and effectiveness requires a coherent and fair concept among the global community, states, and international organizations.
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