International Criminal Court (1)

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Oct 30, 2023

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1 International Criminal Court Maria Battaglia Colorado State University Global POL101: Introduction to Political Science Dr. C Sept 24, 2023

2 International Criminal Court The primary objective of the International Criminal Court (ICC) is to investigate and prosecute the most serious offenses committed by individuals. According to Jo & Simmons (2016), the ICC's jurisdiction typically confines situations where military and strategic considerations are most important. However, since the ICC does not possess its own police force, it must rely on domestic law enforcement agencies or third parties to apprehend individuals accused of crimes under its jurisdiction. The ICC aims to promote peace, security, and justice by using its prosecutorial authority to bring an end to human suffering. Role The International Criminal Court (ICC) has taken on a significant responsibility in efforts to put an end to political violence and human rights violations. Nonetheless, there have been many discussions about the effectiveness of the ICC's strategies and whether they could be more efficient or effective. It is vital to acknowledge that the ICC is viewed as the "court of last resort" and is not intended to replace a country's legal system. How effective is it According to Sahai (2015), the ICC's ability to act depends on the referral of each individual case by the United Nations Security Council. As a result, there may be arguments that bias has been influencing the outcome. The ICC is dependent on countries to enforce its rulings, and with their support to execute court determinations, the trial would be meaningful. Additionally, Song (2012) notes that since the ICC lacks its own police force, it relies on states to assist with the enforcement of its orders and is entirely dependent on their cooperation to execute arrest warrants. Case Overview

3 I decided to study and look into the murders related to the war on drugs operation in the Philippines. According to reports, domestic law enforcement personnel and members of the country's military were responsible for the alleged killings. This prompted an inquiry into the offenses in June 2018. The "war on drugs" campaign was initiated by the Philippines to curb drug-related offenses in the nation. In this campaign, law enforcement and military personnel are alleged to have committed crimes sanctioned by the government. Among the victims were individuals from impoverished communities believed to be associated with the police and the drug war. Outcome & Impact The case remains unresolved, but on January 26, 2023, the prosecutor was authorized to proceed with the investigation into the offenses. It appears that the alleged crimes are still being committed. Minimal progress has been achieved in this case, and the International Criminal Court (ICC) has not been as proactive as desired. Despite numerous years of pointless killings, the investigations have not reached a stage where prosecutions can commence. Effectiveness The effectiveness of the ICC could be enhanced if it mandated that countries comply with case requests. It seems that requiring enforcement of judgments stemming from cases brought to the ICC would increase its efficacy, and that failure to do so would result in repercussions to the non-compliant country. Conclusion Although the ICC is a valuable system utilized by the United Nations for investigating and trying cases, there is still ample opportunity for refinement. Based on the results from cases brought before the court, the outcomes could have been more consistent and predictable.

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4 References Jo, H., & Simmons, B. (2016). Can the International Criminal Court Deter Atrocity? International Organization, 70 (3), 443-475. doi:10.1017/S0020818316000114 Sahai, A. (2015, May 9). The International Criminal Court: Effective or Not? The Organization for World Peace. Retrieved September 19, 2023, from https://theowp.org/the- international-criminal-court-effective-or-not/ Song, S. H. (n.d.). The Role of the International Criminal Court in Ending Impunity and Establishing the Rule of Law . United Nations. Retrieved September 20, 2023, from https://www.un.org/en/chronicle/article/role-international-criminal-court-ending- impunity-and-establishing-rule-law