War Crimes and Crimes against Humanity under the Rome Statute: Challenges in Prosecution

Rome Statute of the International Criminal Court (ICC) is a historic milestone in international criminal law that gives the world a permanent court with universal jurisdiction over the most heinous crimes of international concern: genocide, crimes against humanity, war crimes, and the crime of aggression. Although the Statute presents a sound legal framework for prosecuting these atrocities, its enforcement is confronted with numerous problems. This paper examines war crimes and crimes against humanity under the Rome Statute and the complexities of prosecuting them, including the practical, legal, and political challenges that hinder effective justice. By looking at some famous cases and analyzing pertinent International Humanitarian Law (IHL) principles, we underscore the ongoing challenges of gathering evidence, the protection of witnesses, cooperation among states, and political will on which successful prosecutions depend. It ends by recommending paths to bolstering the ICC's capability and encouraging more compliance with international justice.