Trial of Genocide Perpetrators by International Criminal Court: Challenges and Problems

  • Dr. Ananya Chakraborty and Shrabani Acharya
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  • Dr. Ananya Chakraborty

    Associate Professor at National Law University Odisha, India

  • Shrabani Acharya

    Ph.D. Scholar at National Law University Odisha, India

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The International Criminal Court was created through the adoption of the Rome Statute on July 17, 1998. It came into effect on July 1, 2002. By July 1, 2005, a total of 99 States had ratified or acceded to the Statute. The Court functions as an autonomous and enduring legal body, responsible for addressing individuals accused of the gravest international offences, including genocide, crimes against humanity, and war crimes. The Statute acknowledges that it is the States' primary responsibility to investigate and punish these crimes. The Court supports and works alongside States in their endeavours to investigate and prosecute international crimes. The jurisdiction of the court is limited to cases where national systems are unable or unwilling to conduct proceedings. The Court aims to contribute to the prevention of serious international crimes by ensuring that those responsible for genocide, crimes against humanity, war crimes, and aggression are not able to escape punishment. The International Criminal Court aims to support endeavours to restore and uphold international peace and security, while ensuring the enduring promotion and enforcement of international justice. Nevertheless, the Court cannot achieve success on its own. The work of the Court relies on the collective effort and collaboration of all States parties, as well as other States, international organisations, and civil society. The ICC does not possess a jurisdiction that extends beyond national boundaries in the strictest sense. The voluntary renouncement of a portion of domestic jurisdiction by the sovereign States involved and the gradual process of auto-The challenges faced by the International Criminal Court include the ongoing limitation of power by sovereign States.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 2188 - 2204


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