Bridging Gaps Between ICC and RoL Discourse With BRICS

Abstract

The rule of law has increasingly become a germane concept in current legal and political debates on international and national platforms alike. Critics opine that the BRICS Member States are afflicted by rampant corruption; in the main; catalysed by the lack of transparent and democratically accountable elected governments. The resultant weak rule of law undermines the efforts of the BRICS member states to achieve sustainable global economic growth or attract foreign investment. The International Criminal Court contributes to the fight against impunity and the establishment of the rule of law by ensuring that the most severe crimes do not go unpunished and by promoting respect for international law. Thus, this article interrogates the correlation between the rule of law and criminal justice mechanisms; the adherence to the principles of the rule of law by BRICS member States; the role of the International Criminal Court vis-a-vis the rule of law as well as the relationship between the BRICS member States and the ICC. Of course, most desirable is a balanced outcome of political reciprocity without compromising the cardinal rule of law doctrine.