The ICC: Failures and Shortcomings

The ICC stands as a beacon for the hope that both retributive and restorative justice can be done to perpetrators of mass violence and their victims. Millions of people worldwide have suffered and continue to suffer under despots and brutal regimes. The independence and impartiality of the ICC provide hope that even in cases where the perpetrators of mass violence escape local or national justice, they can still be held accountable under the ICC. For instance, the former leader of Liberia, Charles Taylor, was convicted by the ICC for his role in planning, aiding, and abetting heinous crimes against humanity. This was after the country showed little political will to prosecute Charles Taylor. Additionally, Taylor had sought exile in foreign countries, thereby escaping the jurisdiction of his homeland. The conviction of Charles Taylor represented a big win for the rule of law in its fight against gross impunity.11

Failures and shortcomings

The ICC had lofty ambitions at its inception. However, its effectiveness has been brought into question in the intervening years. Many commentators believe that the court has failed in its aim of responding to global conflict and bringing to justice persons accused of committing mass atrocities. The critics of the court point to its conviction rate when questioning its effectiveness. Since its formation, there have been thousands of potential cases that fell within the jurisdiction of the ICC. However, as of 2020, only 44 individuals had been indicted, and only nine convictions had been secured at the ICC12. These numbers represent a tiny fraction of the potential impact that the founders of the ICC had hoped it would have. Consequently, the difficulty of getting a conviction at the ICC has meant that the court has been unable to fully act as a deterrent to violators of international law and human rights. For instance, the court acquitted the former vice president of Congo, J.P. Bemba, despite finding that his troop committed crimes against humanity in the Central African Republic. The acquittal was based on the finding that there was insufficient evidence to attach command responsibility to the accused.

11 Marlise Simons and David Goodman. Ex-Liberian Leader Gets 50 Years for War Crimes. (The New York Times. May 30, 2012) accessed on 31st March 2022 12 Goodman, Sarah J. "The Effectiveness of the International Criminal Court: Challenges and Pathways for Prosecuting Human Rights Violations." Inquiries Journal 12, no. 09 (2020).