Justice without Fear or Favour? The Uncertain Future of the International Criminal Court

Forthcoming in Alexander Heinze & Viviane E. Dittrich, eds., The Past, Present and Future of the International Criminal Court, Nuremberg Academy Series No. 5 (2021)

Washington University in St. Louis Legal Studies Research Paper No. 21-06-02

32 Pages Posted: 2 Jul 2021

See all articles by Leila N. Sadat

Leila N. Sadat

Washington University in St. Louis - School of Law; Yale Law School

Date Written: June 30, 2021

Abstract

This essay traces the history of the International Criminal Court from its establishment in 1998 until the current day. It briefly surveys the history of the Court’s founding and evokes many of its current challenges and innovative aspects of its jurisprudence, particularly regarding jurisdiction, immunities, and admissibility, including decisions relating to the Situations in Afghanistan, Bangladesh/Myanmar, Libya, Palestine, and Sudan. As the essay notes, although many challenges have emerged from internal difficulties the Court has faced or design elements of the Statute, external challenges arising from the geopolitical environment within which it operates exist as well. Despite these problems, which included the imposition of harsh sanctions by the U.S. government in 2020, the ICC has persevered because its power derives from its Member States and its activities and operations are firmly grounded in principles of general international law. The essay concludes that the pressing social problems for which the ICC was established remain urgent today. Hence, the international community should “lean in” and embrace targeted reforms of the Court that can strengthen it and continue to work for universal ratification of the Statute.

Keywords: International Criminal Court, international courts and tribunals, human rights, crimes against humanity, war crimes, globalization, Nuremberg, international criminal law, geopolitics, transitional justice

Suggested Citation

Sadat, Leila N., Justice without Fear or Favour? The Uncertain Future of the International Criminal Court (June 30, 2021). Forthcoming in Alexander Heinze & Viviane E. Dittrich, eds., The Past, Present and Future of the International Criminal Court, Nuremberg Academy Series No. 5 (2021), Washington University in St. Louis Legal Studies Research Paper No. 21-06-02, Available at SSRN: https://ssrn.com/abstract=3878239

Leila N. Sadat (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
314-935-6411 (Phone)
314-935-5356 (Fax)

Yale Law School ( email )

127 Wall Street
New Haven, CT 06510
United States
3143042757 (Phone)

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