Achievements and Problems of the International Criminal Court

摘要

In order to analyse both the achievements and the challenges faced by the International Criminal Court (ICC) it is important to recall the sui generis character of the Rome Statute, and to situate the Court within the institutional framework of both past and present international justice mechanisms. Among the many achievements of the Court to date are the ones that have come from the office of the Registry. These include the unique mechanisms for providing support to victims and witnesses, the establishment of vital Court infrastructure in situation countries and the growing outreach programme. The judiciary has also had many marked successes in dealing with the situations in the Democratic Republic of Congo, Uganda, Darfur and the Central African Republic. Despite these positive developments, the Court nevertheless faces a number of significant challenges. These include the issue of state cooperation with the Court and security and safety issues faced by investigators. The expediency of proceedings is also a matter of concern where interlocutory appeals and the participation of victims threaten the right of the accused to be tried without undue delay. From the perspective of a current member of the ICC judiciary, these challenges are surmountable if efforts to improve the functioning of the Court are sustained to ensure the continued success of the ICC in the future.