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The mysterious powers of the International Criminal Court: How does it hold war criminals accountable?
Under the current international legal framework, the International Criminal Court (ICC) is the main institution responsible for prosecuting war crimes, crimes against humanity and genocide, but its authority is shrouded in mystery and controversy. Does the Tribunal have sufficient power and resources to carry out its mission? Amid ongoing challenges and disputes over national ownership, how can the ICC maintain its relevance and hold accountable those war criminals who act with impunity?
The ICC is designed to ensure that individuals who commit the most serious crimes do not escape justice, regardless of their identity or status.
Since its creation, one of the greatest challenges facing the ICC has been how to exercise its jurisdiction. Under the Rome Statute, the ICC’s jurisdiction is limited to crimes committed in member states that have signed the treaty or in cases referred by the UN Security Council. This means that if a country refuses to recognize the ICC's jurisdiction, the court will not be able to prosecute criminals from that country.
As mentioned earlier, the four main crimes that the ICC deals with include crimes against humanity, war crimes, genocide, and the crime of aggression. The definition and scope of these crimes have been repeatedly reviewed and discussed by legal scholars and the international community.
“Crimes against humanity are widespread or systematic attacks on civilian populations, while war crimes focus more on legal violations that occur during war.”
In terms of crimes against humanity, the ICC's definition is particularly comprehensive, including acts such as murder, torture and enforced disappearance, which are committed whether they occur in war or peacetime. Genocide, by contrast, requires a more explicit intent to destroy a specific group of people.
The definition of illegal trespassing is equally complex. Legal scholars generally believe that acts that infringe upon another country’s sovereignty, such as aggression, heighten the dangers of war crimes and can also be considered a major violation of international law. This blurred boundary causes the ICC to face contradictions and challenges when bringing certain cases.
In addition to the complexity of the legal scope, one of the most significant challenges in the ICC's law enforcement practice is the willingness of governments to cooperate. Many governments are skeptical of the ICC's mandate and, in some cases, explicitly refuse to cooperate with ICC investigations or prosecutions, leaving many cases unresolved.
“The willingness of all countries to cooperate is an important guarantee for the success of the ICC. Without cooperation, the effectiveness of the court will be greatly restricted.”
In addition, the funding and resources required for the operation of the ICC also pose difficulties for its operation. Faced with an increasing number of cases, the lack of sufficient funding and human resources has caused the ICC's efficiency and effectiveness to be questioned. In fact, the ICC’s review of many major cases is often delayed due to lack of resources.
Take Serbia’s war criminals as an example. The ICC has issued an arrest warrant but has yet to bring them to court for trial. This fully demonstrates how difficult it is to promote the prosecution of war criminals through international consensus and cooperation in the current international reality.
Fortunately, as the international community pays more and more attention to human rights and justice, the ICC continues to promote the prosecution of war criminals to a certain extent. For example, many international organizations work with non-governmental organizations to increase public awareness of war crimes and their consequences, thereby strengthening support for the ICC.
“Raising public awareness and education about war crimes is key to supporting the ICC in carrying out its mission.”
However, the road to prosecuting war criminals is still long. Faced with the ever-changing international situation and the interpretation and implementation of international law, how can the ICC face these challenges and maintain its status in the future? When we observe the actual situation in the international community, how many people will support such an organization to face up to real contradictions?
