The Politics Of International Prosecutions

Isha Kapruwan, Law College Dehradun, Uttaranchal University

INTRODUCTION

The ICC; International Criminal Court, as an impartial and independent institution, was established to provide and promote justice at a global level. Settled in 2002, the ICC is the world’s first permanent international court made to try and investigate the people accused of heinous crimes, having an influence internationally. With the adoption of UDHR and Genocide Convention in 1948, signifying the new reign of advancement of international justice and fundamental human rights and freedoms, the ICC still quest for battles to be won.

The ICC’s mandate to hold individuals accountable for atrocities at an international level is nevertheless questioned for being politicized. Various associates that favor the idea of international justice have expressed their concern, for ICC’s decisions being biased and politicized.

The ICC as a sovereign and non-aligned body has been accused of being politicized by the conduct of states towards the Court and the referral of conflict situations by political actors such as state parties to the Rome Statute and the UNSC; forming the very two mechanisms that lead to politicization in this context. As a result of such political acts, the Court is determined to focus only on one side of the dispute, which basically represents the political objectives of the States and UNSC. Various scholars, human rights advocates and other associates critically analyze the accusations towards the court, to which, they remain vague and try to ascertain that how and why politics is involved in the international judiciary as well as the pattern of politicization.