The Cooperation with the ICC – the Only Possible Way to Justice?

Tijanić, Jovana (2024) The Cooperation with the ICC – the Only Possible Way to Justice? In: Thematic Conference Proceedings of International Significance / XIII International scientific conference “Archibald Reiss Days”, Belgrade, 8-9 November 2023. University of Criminal Investigation and Police Studies, Belgrade, pp. 125-133. ISBN 978-86-7020-512-3; 978-86-7020-190-3

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Abstract

It has been more than 20 years since the Rome Statute entered into force. So far, the efficiency of the International Criminal Court is very questionable. There are only a few judgments. The ICC is very slow in reaching its decisions.Based on the previous chapters, we cannot evaluate the cooperation of the States and the ICC as a successful undertaking so far. Even though there are many critics, it would be wrong if the ICC bluntly did everything to make those critics go away. For example, the mentioned critic of only prosecuting the Africans should not be erased by just charging any individual from any other state. In order for the ICC to get and maintain its figure as the world criminal court, it ought to investigate and punish for the most serious crimes in the entire international community. It is necessary to have more non-Afri-can trials in the future, which ICC tried to achieve by bringing the charges against Vladimir Putin, the president of the Russian Federation in 2022. The withdrawal of States from the Rome Statute is making this harder. The States should support and encourage the ICC and finally help it, not abandon it. Of course, this cooperation part depends on the political will of the States, as we can see in the cases described earlier. In order to make them help the ICC, some newer approaches should be tried. Those approaches should be using the channels of diplomacy and persuasion, but also imposing sanctions. By diplomatic channels, the ICC should try to have more states ratifying the Rome Statute and become more universal in that sense. The Assembly of State Parties should use its powers and address the states that do not cooperate. It is also advisable that there are more conferences, round tables, workshops. The international community and its key subjects ought to be more educated and more aware of the ICC and how important it is to communicate and cooperate. The ICC should invest more time and money in organizing these events and educational seminars. Furthermore, the conferences would be an excellent opportunity for states to share their experiences and for the ICC to hear them and try to improve. The sanctions are also a great way to improve the situation. By threating with sanctions, above all the financial ones, the state might be more inspired to fulfil the cooperation agreements and obligations they have based on the Rome Statute. The Rome Statute should have an annex dedicated specifically to this topic that will declare how the states will be sanctioned together with the Security Council. In this way, the Security Council could show the political support that is much needed.

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