The author argues that there is a strong correlation between the work of the International Criminal Court (ICC), its special interest in the "dark continent" Africa, and the permanent member of the Security Council. This work discusses the history of the ICC, its structure, funding, jurisdiction, and the relationship between the ICC and the Security Council.
Furthermore, the author debates whether there is a possible influential relationship between the ICC and global political economy. Moreover, a closer investigation into the work of the ICC, in the cases of Sudan and Libya, will follow and how it might relate to global political economy. Lastly, this work will discuss some reforms that would enhance the ICC and highlight its weaknesses. The author especially focuses on Articles 13 and 16 of the Rome Statute and tries to answer how they could be used as tools by global hegemons to control the ICC.
Table of Contents
INTRODUCTION
WHAT IS THE ICC?
STRUCTURE OF THE ICC
JURISDICTION OF THE ICC
FUNDING OF THE ICC
THE RELATIONSHIP BETWEEN THE ICC AND THE SECURITY COUNCIL
THE WORK OF THE ICC IN LIBYA AND SUDAN
Where and why does the ICC intervene?
Reforming the ICC
Conclusion
Research Objectives and Key Themes
This essay explores the potential correlation between the International Criminal Court's (ICC) operational focus, particularly its interest in the African continent, and the geopolitical interests of the permanent members of the United Nations Security Council. It questions whether the ICC serves as an instrument of global justice or as a mechanism for reinforcing Western political and economic hegemony.
- The structural and jurisdictional dependency of the ICC on the Security Council.
- The historical and political context of the ICC's interventions in Sudan and Libya.
- The influence of global political economy and liberal Western ideology on international legal institutions.
- The perceived "imperialist" implications of the Court's selective focus on the global south.
Excerpt from the Book
THE WORK OF THE ICC IN LIBYA AND SUDAN
In February 2011, the Libyan revolution took a turn when organized violence was exerted by the Gaddafi regime against the civilian population. The North Atlantic Treaty Organization (NATO) answered the call of the United Nations on the international responsibility to protect the Libyan civilians. By March 2011 NATO had planned and executed the plan of an arms embargo and a no-fly zone therewith attempting to protect the civilian population. This has come to be known as Operation Unified Protector (OUP), which ended “successfully”, according to NATO, in October 2011.
In May 2011, Luis Moreno Ocampo, the chief prosecutor at the ICC had issued a warrant for the arrest of the Libyan Leader Moammer Gaddafi under the accusation of having committed crimes against Humanity. Moammer’s son, Saif al-Islam and the Libyan intelligence chief Abdullah Senussi were also accused of committing crimes against the Libyan civilian population.
Regardless of the attempts of Tripoli for truce between the revolutionaries stationed in Benghazi and the regime through peaceful means, and their calling for the end of NATO bombing of Libya, NATO did not acknowledge the callings of the civilians, rather it had turned its mission from “protection of the civilian population” to a police force whose mission is to bring a criminal to justice regardless of his standing in the diplomatic field. Their actions were justified and covered-up by the indictments declared by the ICC. This speaks against The State Immunity Act 1978, s14(1), which extends privileges and immunities to “the sovereign or other head of the state in his public capacity”.
Summary of Chapters
INTRODUCTION: The author introduces the research question regarding the UN Security Council’s influence on the ICC and posits the thesis that the Court’s work is correlated with the geopolitical interests of the Global North.
WHAT IS THE ICC?: This chapter outlines the historical establishment of the ICC, the Rome Statute, and the development of the ancillary documents that govern the Court’s operations.
STRUCTURE OF THE ICC: This section details the organizational organs of the Court, including the Presidency, the Judiciary, the Office of the Prosecutor, and the Assembly of States Parties.
JURISDICTION OF THE ICC: The author explains the specific legal parameters under which the Court can exercise its power, including state party referrals and the principle of complementarity.
FUNDING OF THE ICC: This chapter describes the budgetary process, highlighting the role of the Committee on Budget and Finance and the financial obligations of member states.
THE RELATIONSHIP BETWEEN THE ICC AND THE SECURITY COUNCIL: The analysis focuses on how Articles 13 and 16 of the Rome Statute allow the Security Council to influence or defer investigations.
THE WORK OF THE ICC IN LIBYA AND SUDAN: This chapter investigates specific case studies where the ICC intervened, analyzing the role of NATO and the implications of these interventions for state sovereignty.
Where and why does the ICC intervene?: The author examines why certain conflicts (like Sudan and Libya) attract ICC attention while others do not, linking this to the global economic interests of powerful nations.
Reforming the ICC: The text discusses potential paths for reform and the challenges posed by power politics in achieving true global justice.
Conclusion: The author concludes that the ICC acts as a tool of Western interests and serves to perpetuate inequalities between the global north and the global south.
Keywords
International Criminal Court, Africa, International Law, Dark Continent, Imperialism, Global North, Security Council, Rome Statute, Humanitarian Intervention, Global South, Power Dynamics, Geopolitics, Beijing Consensus, Economic Interests.
Frequently Asked Questions
What is the core argument of this paper?
The paper argues that the International Criminal Court is not a neutral arbiter of justice but acts as an extension of Western imperialism, disproportionately focusing on the African continent to serve the geopolitical and economic interests of the permanent members of the UN Security Council.
What are the primary themes discussed?
Key themes include the structural dependency of the ICC on the Security Council, the intersection of international law and global political economy, the critique of humanitarian interventions, and the power imbalance between the global north and the global south.
What is the main research objective?
The goal is to determine if there is a strong correlation between the work of the ICC and the strategic interests of the Security Council’s permanent members, particularly in the context of Africa.
Which scientific approach is utilized?
The author employs a critical, neo-Marxist theoretical framework to analyze the relationship between international legal institutions, imperialist tendencies, and global economic power structures.
What does the main body of the text cover?
The body covers the history, structure, and funding of the ICC, explains its legal jurisdiction, and provides case studies of ICC interventions in Sudan and Libya to illustrate the influence of Western interests.
Which keywords best characterize this work?
The most relevant keywords are International Criminal Court, Imperialism, Global North, Security Council, Rome Statute, and Global South.
How does the author interpret the role of the Security Council?
The author views the Security Council as a body that selectively utilizes the ICC to maintain power relations and justify military actions against governments that oppose Western economic interests.
What is the author's view on the ICC's involvement in Libya?
The author suggests the ICC’s intervention in Libya served as a legal cover for NATO’s aggression, thereby ignoring the State Immunity Act and prioritizing geopolitical goals over impartial justice.
What role does the "Beijing Consensus" play in the author's analysis?
The "Beijing Consensus" is presented as a competing economic model that challenges Western hegemony in Africa, which the author argues has prompted Western powers to use the ICC to create instability in regions where their economic interests are threatened.
Does the author believe the ICC can be reformed?
While the author acknowledges the potential of the Court as a project for global justice, they conclude that the current embedding of power politics and the influence of dominant states make it difficult for the ICC to function without perpetuating the status quo of "exploiter and exploited."
- Citar trabajo
- Reham El Morally (Autor), 2019, The International Criminal Court. A third arm of the Global North?, Múnich, GRIN Verlag, https://www.grin.com/document/492836
