SELECTIVE JUSTICE IN A COURT WITH A SELECTIVE MANDATE: ADDRESSING THE JURISDICTION OF THE ICC - Softcover

Inhaltsangabe

The Ugandan President, Yoweri Museveni once shrewdly proclaimed; “I am ready to be investigated for war crimes….and if any of our people were involved in any crimes, we would give him up to be tried by the ICC! ” Does the seldom practice of self-referral by states, subject one’s own country to self-scrutiny, or is such an indication of a government’s recognition of its wrongdoings and failures? Perhaps, the answer to this paradoxical question is simple; impunity cannot handover itself to immunity. That obviously wouldn’t be counterproductive; yet it is not progressive. If Heads of State could make apt use of the instrumentality of the state to claim immunity from prosecution, yet the ICC is poised toward bringing an end to impunity in the international community , could that ‘quest to end impunity’ be stealthily entrenched in immunity; the invisible hands of power politics? By limiting the power of the Court by means of Article 1, the framers of the Rome Statute purportedly sought to prevent it from growing into an unrestricted power. Notwithstanding, how can an intergovernmental organization established to bring the perpetrators of impunity to justice in the international system (In waiving immunity), be guarded from growing into an “unrestricted power”; impunity? This is practically impossible; impracticable, but is it necessary ? If the violations to the brainchild of the Hague's jurisdiction; the ICC, have arguably assumed a ‘jus cogens’ character, yet section 4, Article 34 of the Vienna Convention on the Law of Treaties (1969) exempts any treaty obligations or rights for any third state without its consent ('Pacta tertiis nec nocent nec prosunct'), what is the measure of ‘consent’ (to the Rome statute) either than a tacit declaration of non- consent ; a unilateral declaration of it? What are the prospects of the International Criminal Court (ICC) a decade from now? How have the major actors in the international system constrained, constructed or reinforced the mandate of the Court? This title examines the jurisdiction of the International Criminal Court (ICC) in which some have persistently referred to as, pursuing the course of a selective justice. Albeit, to which extent has power politics influenced the indictments, trials and convictions of the Court? Does the Rome statute afford the International Criminal Court (ICC) an impetus; the impetus to operate via a selective mandate, in pursuant to a legitimate instrument on selective justice; the Rome Statute?

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