Assessing the Effectiveness of the International Criminal Court in Delivering Justice to Victims: A Critical Examination of Prosecutorial Strategies and Victim Support Mechanisms
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Date
2024
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University of Sussex
Abstract
This dissertation evaluates the capacity of the International Criminal Court (ICC) to prosecute persons for genocide, crimes against humanity, and war crimes. The ICC being an International Criminal Court was created under the Rome Statute to deal with impunity for the worst international crime. This study explores two key areas: cooperation with the states and the programs aimed at the support of the victims. The third research question examines the ICC's ability to perform its mandate with state cooperation because of various cooperation challenges in Uganda, Democratic Republic of the Congo, and Sudan; coercion and resistance in arresting the suspects and obtaining the evidence. The dissertation also assesses the ICC's victim support system, such as the Trust Fund for Victims, as well as provisions for victim participation and finds that while it has priorities such as community-based reparations, it has shortcomings that involve delays in the delivery of reparations and lack of adequate support for victims in terms of their psychological well-being. This study implies that as much as the ICC has brought about a positive change in the development of international Law; it has also created legal precedence and promoted the norms of accountability it has not fulfilled its role due to a lack of adequate cooperation from states and a lack of or inadequate support for victims. Suggested measures that can increase the ICC's efficiency include legalisation of the obligations under the Rome Statute, formation of regional enforcement structures, giving more importance to diplomacy, reconsideration of the TRFV, and integration of criminal justice approaches. Thus, the study concludes that ICC has faced several challenges and successes that are defining the future development of ideals of International criminal law and the need for more reforms that will further strengthen aspire of the ICC in the provision of international justice. Subsequent research should centre on prospects of strengthening cooperation between states and improving the support of victims in the framework of international criminal law.
Description
The main objective of this research is to examine the contribution of the ICC to accountability. The focus is on analysing the effectiveness of the court in prosecuting genocide, crimes against humanity, and war crimes.
To achieve this overarching aim, the research is guided by the following specific objectives:
1. To see the legal framework regulating ICC's jurisdiction and power in the courtroom, evaluating its effectiveness in providing solutions to the intricacy of international crimes.
2. To assess the ICC's case law, mainly analysing landmark cases that show how the court has dealt with the hard battle against prosecuting individuals for grave offences.
3. To analyse the cooperation of the ICC and state parties, the identification of obstacles to effective partnership is of the utmost importance and, in consequence, impacts on the court's operability.
4. To evaluate the effectiveness of the ICC's victim support mechanisms and propose reforms to address identified challenges and limitations.
Keywords
Assessing the Effectiveness of the International Criminal Court in Delivering Justice to Victims, A Critical Examination of Prosecutorial Strategies and Victim Support Mechanisms