INTERNATIONAL CRIMINAL COURT (ICC) AND THE PROSECUTION OF HEINOUS CRIMES

The setting up of the ICC was hailed as a fundamental revolution in the history of international criminal law. It gives hope of justice to victims of heinous crimes and also puts to rest the anxiety of the international community, knowing that a permanent body exists to bolster the rule of law and punish perpetrators of crimes that are of international concern. Doctrinally, the authors examined and found that the ICC contributes to the fight against impunity by ensuring that the most serious crimes do not go unpunished, promoting respect for international law. The mandate of the ICC is to act as a court of last resort with the capacity to prosecute individuals for genocide, crimes against humanity and war crimes when national jurisdictions are, for any reason, unable or unwilling to do so. The ICC, in its almost two decades of operation, is reported to have indicted more than forty individuals, all from Africa. The court has recently been facing some criticisms over the perceived delay and high expenses incurred in its proceedings, bias target of Africans, and veto power challenge of the UNSC and so on. With the arrival of the ICC to prosecute such crimes, national jurisdictions have been encouraged and empowered to prevent impunity. Before then, states were reluctant or unwilling to prosecute heinous crimes as a result that most of the perpetrators of such crimes are top and influential government officials. Again, most of the states have not codified those crimes in their laws, but with the Rome Statutes and the ICC, most member states have been influenced to codify laws against such crimes and are encouraged to prosecute violators. Thus, the Rome Statute is seen to have succeeded in creating a new international legal system. It is recommended that ICC jurisdiction should include other international crimes such as piracy, drugs and human trafficking and terrorism.