U.S. Sanctions on International Criminal Court

Abstract

This Research Paper provides a complete analysis of International Criminal Court (ICC), U.S. Interference, Role of ICJ, Rome Statue, Treaty and Government and over all depth study over to the topic. The International Criminal Court (ICC) aims to promote not only justice, but also peace. It has been widely criticised for doing neither, yet it has to contend with some severe structural and political difficulties: it has limited resources, it faces institutional restrictions, it is manipulated by states, and it is criticised for an alleged selectivity in the way it dispenses justice. What are in effect the shortcomings of the ICC, and has it made positive contributions to justice and peace? And under which conditions can it provide international justice and peace? This Research Paper shows the limits and problems of the ICC but also its inherent potential. A number of factors hamper the ICC: it lacks legitimacy, and it can be constrained by power politics when it investigates a case and when an arrest warrant needs implementing. It is very selective in its cases, and this goes against the principle of universal justice on the ground. Furthermore it has only indicted Africans. It is also argued here that the contribution of the ICC to justice and peace depends on its institutional autonomy to indict potential criminals, on the support it receives from states parties to the ICC, on its own impartial work, and on the extent to which it is respected by people in the world. Four contributions are made here to the literature on the International Criminal Court, on justice and peace, and on theories of policy making. First, I point out the difficulties the ICC faces in seeking to provide not only justice but also peace. Second, I use studies of the ICC by lawyers and political scientists, by those interested in the current impact of the ICC on the ground, in countries where it already operates, and by those interested in its potential for wider independent action. Third, conditions under which the ICC could provide international justice and peace are proposed. Fourth, by identifying the limits within which the ICC operates and its potential, this article hopes to rectify the flawed perception of the ICC, which is considered by some a Western court manipulated by the USA and European states, and to open up a debate on the measures needed to enhance its legitimacy. This Research Paper is organised into three main sections. The first discusses the institutional limits within which the ICC currently works. The Court has to face a lack of support from all states in the world, and the absence of systematic cooperation by states parties to its Statute. It is an instrument for power politics, and manipulated by states parties and non-party states to the ICC Statute. Nonetheless, its legitimacy is growing, and the ICC is shown to be a political actor which can set its own agenda. The second section seeks to evaluate the action of the ICC on the ground. It analyses the impact of the ICC on local justice, its influence on peace negotiations, and the way it is perceived by perpetrators and victims of crimes. It shows that the ICC provides important symbolic justice and peace. Even if leaders with a history of violence have continued being violent, despite the threat of an ICC arrest warrant, the ICC could have a deterrent effect in the long term, as no state or militia leader wants to be arrested. Some indicted people have changed their attitude for fear of the ICC. Victims of crime seem to have diverging views on the utility of the ICC, but they generally welcome its work. The last and concluding section highlights the difficulties for the ICC to provide both international justice and peace, and suggests possible practical policies both it and the international community might implement to provide justice and durable peace for people. The main proposals are that: (a) The ICC has to be given the means to deliver justice without bias, that is, without control by states and with a focus on all individuals and parties responsible for crimes in a conflict (b) An emphasis needs to be laid on strengthening institutions providing local justice (c) Officials who work within states which have ratified the ICC treaty cannot rely solely on the ICC to provide justice: states themselves should also be focusing their policies on the promotion of long-term economic and social development for victims of conflict.