Politics Unit 3 AOS2- Role of international law: ICC

Question 1

ICC jurisdiction

Answer 1

First permanent court that has power & global jurisdiction to prosecute individuals on
- Genocide
- Crimes against humanity
- War crimes
- Crimes of aggression
Has juris in territory of state parties + other states if crimes committed by people in state parties
UNSC can refer a case to ICC (even if from non-state party) AND if non-member accepts courts juris (Ukraine did this)

Question 2

Strengths of ICC

Answer 2

• Clear jurisdiction regarding laws (states more likely to sign if juris is clear)
• Can target specific people (holds individuals accountable)
• 123+ states ratified Rome Statute
• UN backing

Question 3

Weaknesses of ICC

Answer 3

• Individuals only
• No juris over non-members (missing key states e.g. Russia, Ukraine, U.S, China)
• Lack of enforceability (relies on state compliance & can’t sanction states for not following)
• Challenges states sovereignty (realist states feel threatened)
• Limited scope (due to strict jurisdiction)
• Questions of its legitimacy (very targeted towards Africa)

Question 4

ICC- Ukraine & Russia crisis

Answer 4

Arrest warrant issued on 17 March 2023 for Putin + Maria Lvova-Belova (Russ commissioner for childrens rights)
- Justification was unlawful deportation of population (specifically children) from occupied Ukraine to Russia

Question 5

ICC- Russia & Ukraine involvement

Answer 5

• Russia not part of ICC (withdrew in 2016) & domestic legislation doesn’t enforce mandatory extradition of state leaders
• Ukraine also not signatory of ICC- gave special provisions to ICC to investigate Russian conduct

Question 6

Positive impact of ICC on crisis

Answer 6

Shortened course of conflict
- Consistent group of ICC members in Ukraine allows efficient response to war crimes
- Made Putin a wanted man
- Taken first steps to end the war

Question 7

Negative impact of ICC on crisis

Answer 7

Limited scope
- Juris to investigate Rus war crimes specifically so can’t look into Ukraine’s actions which raises questions of legitimacy

Question 8

ICC’s limitations in responding to war effectively- Case study

Answer 8

Mongolia is mem of ICC & required by IL to arrest + provide individuals with ICC warrant to headquarters in Hague to be tried
- In 2024 Putin visited Mongolia & Mongolian president welcomed him
- Mongolia placed their own interests above their commitment to IL as Russia was offering them an economic trade deal
- ICC had no formal powers to sanction Mongolia
- can’t rely on UN backing as Russia is permanent member of UNSC & therefore has veto power