A critical analysis of the Rome Statute of the International Criminal Court

Abstract

The Rome Statute of the International Criminal Court entered into force on 1 July 2002. Hence, the International Criminal Court, with jurisdiction over individuals accused of having committed core crimes, was established. The aim of the thesis is to analyse the Statute's provisions concerning jurisdiction, admissibility and State cooperation because these are the three factors which determine whether or not an individual accused of having committed a crime within the Court's jurisdiction will be prosecuted by the Court. Essentially, the thesis demonstrates that the Statute contains some jurisdictional loopholes and the admissibility provisions are marked by legal uncertainty. Furthermore, the Statute does not provide a mechanism to oblige States Parties to cooperate fully with the Court. Also, the latter cannot prosecute an accused person in abstentia. Consequently, all this signifies that it is of the utmost importance that States cooperate with the Court because although the latter has jurisdiction over the individual and the crime, and the case is admissible, no trial can ever take place if the alleged perpetrator is not in the custody of the Court. Hence, all the latter's efforts in the fight against impunity, punishment of perpetrators of core crimes and achievement of justice and peace will be useless.