The impact of the exercise of jurisdiction of the International Criminal Court in situations of armed conflict; a focus on the conflict prevention role of the International Criminal Court

Abstract

The Rome Statute, the treaty which created the International Criminal Court, sets out in the preamble that the Court aims to 'put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of grave crimes.' This gives the Court two tasks; to end impunity, and to prevent crimes. The Court upholds the ideal standard of prosecution of international criminal justice by promoting the role of law and fair prosecution. Its task is to create an international system of justice by involving national courts to participate in investigations and prosecutions of crimes which are of concern to humanity at large. The Office of the Prosecutor has a very important role in this by receiving referrals investigating and prosecuting perpetrators as mass atrocities. This thesis outlines the difficulties of deterrence and the challenges the Court has to prove legitimacy and gain cooperation. They are challenges which limit the extent to which the Court can help in preventing further conflict. The thesis will also illustrate alternative mechanisms within the jurisdiction of the Court to prevent conflict, illustrating what works and what does not. It will also try to assess whether the Court can be an effective instrument for conflict prevention, and if so, what measures should be taken to maximise the crime prevention impact of the International Criminal Court.