A Critical Assessment of the Performance of the International Criminal Court (2002 - 2008)

55 Pages Posted: 1 Feb 2011  

Ron Walala

Archer & Wilcock Advocates

Date Written: April 22, 2009

Abstract

It is argued that though the ICC has wrought some positives in its operation, there is need to revise its model. It is willingly conceded that the international community may not be keen on such a proposal, given the amount of time and compromise it took to establish the Court. This in itself cannot entirely defeat the premise of this work, as it represents a proposal for reform- something even the drafters of the Court’s Statute saw fit to provide for. It is submitted that the challenges the Court has met mostly reveal it as one based on a rigid mechanism. This justifies a shift from its current centralized model to a more flexible and localized alternative. Such an alternative model shall work more effectively in discharging the mandate contained in the Statute of Rome.

Chapter 2 critically analyses the Court’s performance in the discharge of its mandate under the Statute. It highlights the three main factors that have hindered the working of the Court. Analysis of the numbers involved; State Parties to the Statute, referrals to the Court, warrants of arrest issued and the trials prosecuted, shall clarify the picture relating to what the Court has actually done in the past six years. Finally, it shall propose a workable, flexible Court model designed to negate these modern day challenges to a bare minimum.

Keywords: International Criminal Court

Suggested Citation

Walala, Ron, A Critical Assessment of the Performance of the International Criminal Court (2002 - 2008) (April 22, 2009). Available at SSRN: https://ssrn.com/abstract=1752887 or http://dx.doi.org/10.2139/ssrn.1752887

Ron Walala (Contact Author)

Archer & Wilcock Advocates ( email )

P O Box 10201-00400
Nairobi, +254
Kenya

Paper statistics

Downloads
206
Rank
123,006
Abstract Views
732