Archer (2001) defines international organization as “a formal, continuous structure established by agreement between members (governmental and/or non-governmental) from two or more sovereign states with the aim of pursuing the common interest of the membership” (p. 33). Also, the international organization has three main characteristics—membership, aim, and structure. It should have at least two sovereign states as members, with the aim of pursuing common interest of the members, and has a formal structure established by an agreement officially adopted by all the members (Archer 2001). Taking the International Criminal Court (ICC) into consideration, it meets all the above criteria, so it can be regarded as an international organization. The following will address and analyze the genesis, aim, membership, structure, work, and challenges of the ICC.
Table of Contents
1. Introduction
2. The Genesis of the ICC: When, Why and How?
3. The Aim of the ICC
4. Membership
5. The Structure of the ICC
5.1 Assembly of States Parties
5.2 The Presidency
5.3 Judicial Divisions
5.4 Office of the Prosecutor
5.5 The Registry
6. How the ICC Works
7. The Analysis of the ICC’s Work
8. The ICC Challenges
8.1 Barriers to seek international justice in the world: Loopholes in the Rome Statute
8.2 Lack of its own resources
8.3 Lack of the universal number of ratifications
9. Conclusion
Research Objectives and Topics
This research paper aims to analyze the International Criminal Court (ICC) as an international organization by examining its historical origins, functional structure, and the jurisdictional challenges it faces in effectively prosecuting international crimes.
- Historical evolution and genesis of the International Criminal Court
- Institutional framework and operational mandate of the ICC
- Jurisdictional analysis of case studies including Darfur, Uganda, and the DRC
- Evaluation of systemic challenges: lack of resources and universal ratification
- The impact of international politics on the court's independence and effectiveness
Excerpt from the Book
The Genesis of the ICC: When, Why and How?
The road toward the creation of the ICC is long and contentious. The attempt of the establishment the ICC is the culmination of two trends in world politics, one of which can be dated back to the 19th century, and the other was after the World War II. In 1872, a permanent court was proposed by Gustav Moynier, one of the founders of the International Committee of Red Cross, to prosecute those committed crimes during the Franco-Prussian War. The next attempt was initiated by the drafters of the 1919 Treaty of Versailles to bring Kaiser and German war criminals of World War I to justice (Coalition for the International Criminal Court, n.d.). After the World War II, other attempts were the Nuremberg and Tokyo Tribunals, which were created to try war criminals.
In 1948, the need of the world court to deal with international crimes as those committed during the World War II was recognized by the United Nations General Assembly. The International Law Commission, with the request from the UN General Assembly, drafted two draft statutes to create the ICC in the early 1950s (Schabas, 2001). However, this endeavor was shelved because it was politically interrupted by the Cold War. In response to the crimes committed in both the former Yugoslavia and Rwanda in 1993 and 1994 respectively, the ad hoc tribunals were set up to try perpetrators. The proposal of creating the Former Yugoslavia Tribunal was endorsed by UN Security Council on February 22, 1993. Again, the similar tribunal was created to prosecute those responsible for genocide and other serious violations of international humanitarian law committed in Rwanda and neighboring countries during the year 1994 with the UN Security Council Resolution adopted on November 08, 1994. The creation of both tribunals highlighted the need for a permanent international criminal court.
Summary of Chapters
Introduction: Defines the criteria for an international organization and establishes that the ICC meets these requirements, setting the stage for the analysis of the court.
The Genesis of the ICC: When, Why and How?: Traces the historical development of the ICC from 19th-century proposals through the post-WWII tribunals and the eventual adoption of the Rome Statute.
The Aim of the ICC: Details the primary objective of the court to prosecute individuals for the most serious international crimes, as mandated by the Rome Statute.
Membership: Provides an overview of the current state of ratifications and the withdrawal of some states from the Rome Statute.
The Structure of the ICC: Outlines the four primary organs of the court—the Presidency, Judicial Divisions, Office of the Prosecutor, and the Registry—along with the Assembly of States Parties.
How the ICC Works: Describes the procedural workflow of the court, from case referral and investigation to trial and sentencing.
The Analysis of the ICC’s Work: Examines specific case studies in the Democratic Republic of Congo, Uganda, Central African Republic, and Darfur to assess the court's reach.
The ICC Challenges: Discusses the significant barriers to effective international justice, including jurisdictional limitations, resource constraints, and the lack of universal participation.
Conclusion: Summarizes the role of the ICC as a vital but limited mechanism for international justice, heavily influenced by state sovereignty and international political dynamics.
Keywords
International Criminal Court, Rome Statute, International Law, Genocide, War Crimes, Crimes Against Humanity, Jurisdictional Challenges, Impunity, United Nations, Assembly of States Parties, State Sovereignty, International Justice, Human Rights, Prosecution, Ratification
Frequently Asked Questions
What is the primary focus of this research paper?
The paper focuses on understanding and analyzing the International Criminal Court (ICC) as an international organization, specifically investigating its origins, structural composition, and the operational challenges it encounters.
What are the central themes discussed in the work?
The central themes include the historical justification for a permanent court, the legal framework of the Rome Statute, the jurisdictional limitations of the court, and the political barriers affecting its global effectiveness.
What is the main objective of the ICC as analyzed in the text?
The primary goal is the prosecution of individuals for the most serious international crimes, including genocide, crimes against humanity, and war crimes, particularly when national justice systems are unable or unwilling to act.
Which scientific methodology is utilized in this paper?
The author employs a descriptive and analytical approach, utilizing legal documentation, academic literature, and case study reports to evaluate the ICC's institutional function and effectiveness.
What core topics are covered in the main body of the paper?
The main body covers the creation of the ICC, the function of its four organs, the procedural aspects of investigations, case analyses from Africa, and a critique of the "loopholes" within the Rome Statute.
Which keywords best characterize this work?
Key terms include International Criminal Court, Rome Statute, International Justice, Impunity, Jurisdictional Challenges, and Human Rights Protection.
How does the author characterize the role of the UN Security Council in relation to the ICC?
The author notes that while the Security Council can refer situations to the court, this relationship can also compromise the court's perceived independence, especially when geopolitical interests influence referral decisions.
What does the paper conclude about the future success of the ICC?
The paper concludes that while the ICC is a significant development for human rights, its success is limited by state sovereignty and the lack of full international cooperation, meaning it cannot currently eliminate all global impunity.
- Quote paper
- Sopheada Phy (Author), 2009, The Understanding and Analysis of the International Organization: The Case of International Criminal Court, Munich, GRIN Verlag, https://www.grin.com/document/149252
