Abstract
ABSTRACT On the 75th anniversary of the Genocide Convention, the role of the International Criminal Court (ICC), as constituted under the Rome Statute, in responding to genocide is worth evaluating. This article assesses the effectiveness of the ICC in addressing genocide, with a focus on the Al-Bashir Case (case concerning genocide, crimes against humanity, and war crimes in Darfur, Sudan) - the first ICC proceeding against a sitting Head of State charged with genocide. It first singles out the ICC’s role in promoting international solidarity to prevent genocide, break cycles of violence, and enhance the likelihood of prosecution. It also discusses the legal obligation to strengthen international cooperation for the Al-Bashir Case, under the Genocide Convention, and considers the relevant contexts of the International Criminal Tribunals for the Former Yugoslavia and Rwanda. The analysis has incorporated legal and criminological literature, alongside scholarship of international relations from voluminous resources. This article emphasises the ongoing necessity for international cooperation within the ICC to effectively implement its mechanisms: investigation, prosecution, principle of complementarity, and deterrence. It suggests that this aim can be attained through encouraging Member States of both the Rome Statute and the Genocide Convention to actively participate in responding to genocide.
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