The International Criminal Court: A Pillar of Justice in a Globalized World

Md. Ibrahim Khalilullah: The International Criminal Court or ICC is a judicial body to try egregious crimes against the global community as whole committed within the jurisdiction of the court. It is established by the Rome Statute of the International Criminal Court, 1998. Article 01 of the statute mandates that there shall be a court called the International Criminal Court exercising its power over the persons with atrocious crimes of international concern.

The court is distinguished from other international courts such as the International Court of Justice (ICJ) for its individualistic approach. The key distinction between both institutions is that the ICJ deals with disputes betwixt the states. Whereas the ICC deals with individuals for grievous international crime.

Though the Rome Statute was endorsed in 1998 the court was originally established in July 2002 due to varying levels of ratification and compliance by its member states. According to article 126 of the statute thereto, it was stipulated that at least 60 instrument ratification shall be required for the court to come into force.

The requirement thereof was fulfilled on April 11, 2002, that triggered the institution of the court of justice. Currently, it has 124 members that have ratified the Rome Statute. However, some of the world superpowers such as the USA, Russia, China along with India disagreed to ratify the statute.

This raises an extensive concern over the credibility of the jurisdiction of the tribunal. One of the prominent reasons behind this refusal is the sovereignty issue. It is evident from article 25 of the Rome Statute that the court shall have jurisdiction over individuals of its member states. Consequently, the court may try a criminal case against any citizen within its jurisdiction. According to the USA it shall infringe the sovereignty of the country.

Although the major powers did not acknowledge the ICC, it has corroborated itself by dealing with several high-profile cases such as the Prosecutor v. Thomas Lubanga Dyilo and the Prosecutor v. Jean-Pierre Bemba Gombo.

In the former case of Jean-Pierre Bemba Gombo the court accused this Congolese rebel leader of human rights violations including rape and murdering in the Central African Republic. Mr. Jean-Pierre Bemba was proven guilty before the court of justice and was sentenced to 18 years of imprisonment in June 2016. Nonetheless, the bench is criticized of alleged favoritism, racism and treating the African continent unfairly.

Besides the criticisms the ICC encounters substantial challenges in asserting its jurisdiction over non-member states. Article 12 and 13 of the statute combinedly mandate that the court can only exercise its jurisdiction over the member states.

In a situation where the alleged crime is committed exterior to its jurisdiction the court can only try the case provided it is referred by the United Nations Security Council under article 13(b) or if the non-party state voluntarily complies the issue to the ICC.

However, a proactive approach may be encountered by the pre-trial chamber of the court where the ICC is observed to initiate proceedings against the non-party states. This shows the commitment of the court to uphold international humanitarian law as well as assuring that the perpetrators are made accountable for their actions.

Though the International Criminal Court is alleged of being biased and disproportionate against the African nations and selective justice, the role of the Rome Statute and the ICC ensuring criminal justice is undebatable. Being the foremost tribunal established to prosecute individuals for genocide and such crimes that goes against humanity, the ICC entrenched itself as a pillar of justice in a globalized world.

Author: Md. Ibrahim Khalilullah, Vice-President, Bangladesh Law Alliance (BLA); Mail at: ibrahimkhalilullah010@gmail.com