What Are The Characteristics Of The International Criminal Court?

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I. Argument Given the specific characteristics of the International Criminal Court (ICC), especially its case selectivity and position in the international framework, consequentialism and retributivism are both ill suited to guide its case selection. Instead, there are structural and normative reasons that explain why expressivism should guide the ICC’s case selection. To show that this is the case, this paper first examines the ICC and its specific limitations, then considers consequentialism (specifically deterrence) and retributivism as theories to guide to case selection, and finally concludes by analysing how expressivism is suited to the ICC. II. Introduction to the ICC Following the establishment of the Nuremberg and Tokyo…show more content…
When each of the 120 states adopted the Rome Statute that established the ICC, they accepted the jurisdiction of a permanent international criminal court for the prosecution of the perpetrators of the most serious crimes committed in their territories or by their nationals. Importantly, the ICC operates on the principle of ‘complementarity’. While every state party to the Statute is responsible for exercising its criminal jurisdiction over those responsible for international crimes , the ICC can intervene when a state is unwilling or unable genuinely to carry out the investigation or prosecution . Such occasions may arise when proceedings are unduly delayed or are intended to shield individuals from their criminal responsibility for crimes within the jurisdiction of ICC . As such, the priority is given to national systems, as states retain the primary responsibility for trying the perpetrators of the most serious of crimes, and ICC is a court of last resort that will act only if the national system is unable to do so genuinely. III. Limitations to the ICC There are at least three issues that distinguish ICC from domestic criminal courts. The first is ICC’s capacity limit. The ICC is constrained financially (its expenses are funded primarily by states, and it also receives voluntary contributions from governments, international organizations, individuals, and corporations ), and given the costs of
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