Examining the Jurisdictional Challenges Faced by the International Criminal Court Under the Rome Statute

Authors

DOI:

https://doi.org/10.57939/gppd.v1i1.3

Keywords:

International Criminal Court, ICC, Rome Statute, jurisdictional challenges, comparative analysis, effectiveness, credibility, mandate fulfilment, international crimes, accountability, human rights

Abstract

According to this report, the International Criminal Court (ICC), founded on the Rome Statute,
must overcome jurisdictional challenges to pursue crimes committed around the world.
Through a comparative review of case studies, including those in Darfur, Uganda, the
Democratic Republic of the Congo, and Libya, this study reveals common difficulties. It looks
into how they might impact the ICC's effectiveness, reputation, and capacity to fulfil its
purpose.
The study sheds insight into the jurisdiction's complexity, covering matters like receiving
national government support, handling security challenges, gaining access to witnesses,
managing conflicting judicial processes, and resolving intricate disagreements. These issues
greatly impact the ICC's capacity to look into crimes, collect evidence, hold offenders
accountable, and give victims justice.
The research clarifies the unique jurisdictional issues faced in each circumstance by analysing
the case studies. It emphasises how crucial it is to comprehend the logistical, political, and
legal challenges that the ICC faces when operating in various settings. The analysis of these
issues sheds light on the wider consequences for the ICC's credibility and effectiveness as an
agency with a mandate to advance international justice and end impunity.
The results of this study help us comprehend jurisdictional disputes' complexity and how it
affects how the ICC operates on a deeper level. The study offers a platform for comparative
analysis and highlights potential areas for ICC operations improvement by highlighting
similarities and variations among the case studies.
The analysis is used to inform the research's policy suggestions for resolving jurisdictional
issues. The legislative framework should be strengthened, cooperation channels should be
improved, investigative and operational skills should be increased, and regional and
international cooperation should be encouraged. States, international organisations, civic
societies, and academic institutions must work together to implement these proposals.
The study concludes that even though jurisdictional issues offer big obstacles, we shouldn't
let them get in the way of bringing criminals to justice worldwide. The ICC can overcome these
obstacles and carry out its duty of guaranteeing responsibility, defending human rights, and
promoting international justice through consistent commitment, collaboration, and adopting
effective policies.

Author Biography

Arindam Bhattacharya, Advocacy Unified Network

Chairman, Advocacy Unified Network

Examining the Jurisdictional Challenges Faced by the International Criminal Court Under the Rome Statute

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Published

2023-06-30

How to Cite

Bhattacharya, A. (2023). Examining the Jurisdictional Challenges Faced by the International Criminal Court Under the Rome Statute. Global Perspectives on Politics and Diplomacy, 1(1). https://doi.org/10.57939/gppd.v1i1.3