Abstract

This paper critically analyzes the contemporary challenges confronting the International Criminal Court (ICC), with a focus on structural limitations, legitimacy concerns, and geopolitical resistance. Central to this inquiry are persistent allegations of selective prosecution, particularly the perception of a disproportionate focus on African states as well as the Court’s lack of effective enforcement mechanisms in cases of non-cooperation by member and non-member states alike. The paper explores the implications of pending arrest warrants on the ICC’s investigative and judicial processes, analyzing how such challenges undermine the Court's ability to fulfil its mandate under the Rome Statute. Special attention is given to Africa’s complex and often contentious relationship with the ICC, highlighting political tensions arising from the prosecution of sitting officials, concerns of judicial overreach, and the broader discourse surrounding the abuse of universal jurisdiction. Looking ahead, the study assesses the potential evolution of the Court’s caseload and geographic scope, arguing for a more diversified and balanced approach to case selection. Further, it also proposes institutional and policy reforms aimed at reinforcing the ICC’s independence, credibility, and overall effectiveness in advancing international criminal justice. The paper concludes with targeted recommendations for enhancing global cooperation with the Court, promoting greater complementarity with domestic legal systems, and ensuring that the ICC remains a legitimate and impartial guardian against the most serious crimes of concern to the international community.

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