Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-pjpqr Total loading time: 0 Render date: 2024-07-04T11:28:52.444Z Has data issue: false hasContentIssue false

Chapter 5 - Concluding Remarks

Published online by Cambridge University Press:  15 November 2019

Get access

Summary

It is fair to state that the Court's institutional independence is well preserved in the Rome Statute and the Court's staff members are capable of making independent decisions. It is the inbuilt cooperation and interactions with actors of different interests that is problematic. The two competing narratives about the International Criminal Court (ICC) are both to a certain extent intelligibly persuasive. The oddity of this reality becomes more evident when each narrative is taken separately, but when the two are put together, one starts to realise that there are some unsaid truths, inconsistences, exaggerations and misinformation on both sides. These nuances, I argue, demonstrate a possibility of bridging the gap between these two competing arguers if there were goodwill on both sides – to achieve the common good of fighting impunity. Another challenge is that both sides lack a single representative authority and/or a common position on all issues of concern. On the side of supporters, there are some issues that are within the powers of the United Nations Security Council (UNSC), there are those that concern the Assembly of States Parties (ASP), others are at the Office of the Prosecutor (OTP), and there is the Coalition for the ICC that is influencing all actors. On the side of critics, the African states are neither a unified block nor consistent in terms of their rhetoric and conduct. They seem not to have a coherent and shared solution to improve the ICC-Africa relationship, and since the proposed regional criminal court (African solutions to African problems) has not taken off, Africa lacks a viable alternative that would work as a strong stance against impunity.

This could be a good opportunity for the Court to engage with all stakeholders considering their diverse backgrounds and perspectives. It needs to find ways of listening to both critics and supporters. This is possible if the Court is willing to acknowledge that each side of the debate has some legitimate objectives. Whereas the critics of the Court seem to be focused on fighting the existing global power imbalances that have disenfranchised Africa for so long, supporters of the Court are motivated by their belief in developing international norms.

Type
Chapter
Information
The Independence of the International Criminal Court
Between a Rock and a Hard Place
, pp. 101 - 114
Publisher: Intersentia
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Concluding Remarks
  • Alphonse Muleefu
  • Book: The Independence of the International Criminal Court
  • Online publication: 15 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781780688992.007
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Concluding Remarks
  • Alphonse Muleefu
  • Book: The Independence of the International Criminal Court
  • Online publication: 15 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781780688992.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Concluding Remarks
  • Alphonse Muleefu
  • Book: The Independence of the International Criminal Court
  • Online publication: 15 November 2019
  • Chapter DOI: https://doi.org/10.1017/9781780688992.007
Available formats
×