Abstract
Abstract This article discusses the main reasons behind the reluctance of most Arab countries to ratify the Rome Statute and to cooperate with the International Criminal Court (ICC). There are legal, political, and practical restraints, as well as cultural barriers, to incorporating principles of individual criminal responsibility for international crimes into the domestic laws of most Arab countries. Moreover, many Arab states adopt a security-based approach to war crimes and crimes against humanity, which are thus prosecuted mainly under anti-terrorist laws, rather than a rule of law-based approach to holding those most responsible for international crimes accountable. Further, when political considerations are at stake, states’ commitment to address the most serious crimes appears eroded, thus becoming inconsistent with the objective of the Rome Statute of ending impunity for perpetrators of international crimes. It is becoming ever more necessary for the ICC to gain recognition and acceptance in the Arab world by garnering effective participation of those Arab states undergoing major transitions, where international justice, arguably, is most needed.
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