Assessing International Criminal Courts: Impact on Recent Conflict Zone Human Rights Violations

Assessing International Criminal Courts: Impact on Recent Conflict Zone Human Rights Violations

**Author – Anoushka Mundra, student at KLE SOCIETY’s LAW COLLEGE 

ABSTRACT 

International Criminal Courts (ICCs) play a critical role in addressing human rights violations in conflict zones. This abstract provides a concise overview of how ICC plays an important role in conflict prone zone addressing the major human right conflict in Ukraine and Darfur, Sudan 

ICCs aim to ensure accountability for war crimes, crimes against humanity, and genocide. Their impact varies, with debates surrounding their deterrent effect.

The principle of complementarity emphasizes the importance of strengthening national judicial systems. However, challenges arise when states lack political will or resources to cooperate.

ICCs face challenges like limited jurisdiction, resource constraints, political influence, and slow justice processes.

Assessing ICCs' impact on recent conflict zone human rights violations is complex. Their role in accountability and deterrence varies, requiring ongoing evaluation and improvements for global accountability efforts.

KEYBOARDS 

• Conflict zones 

• Justice 

• Genocide 

• ICC jurisdiction 

• Humanitarian law 

• Accountability 

• War crimes 

• Crimes against humanity 

INTERNAATIONAL CRIMANAL COURT

The International Criminal Court (also known as "the Court" or "the ICC") is a permanent international court that was established to look into, prosecute, and try people accused of the most serious crimes of concern to the entire international community, including genocide, crimes against humanity, war crimes, and acts of aggression.

The ICC can investigate and, where warranted, prosecute and try individuals only if the State concerned does not, cannot or is unwilling to do so genuinely

ROLE OF ICC IN CONFLICT ZONE – The ICC's main function is to hold those accountable for war crimes, genocide, and other atrocities committed in many countries. The ICC has the authority to investigate any state that has raised an issue regarding a crime occurring, any country that has requested assistance, or when the UN assembly has raised a problem relating to human wrongs such as war crimes, genocide, and violations of human rights.

IMPACT ON UKRAINE - Russian forces committed a litany of violations of international humanitarian law, including indiscriminate and disproportionate bombing and shelling of civilian areas that hit homes and healthcare and educational facilities. They have orphaned many children and divided many families. Neither Russia nor Ukraine is the member state of the ICC but after receiving referral from more than 40 members state ICC opened an investigation in Ukraine to analyses the situation. The International Criminal Court (ICC) ordered Putin's arrest on the grounds that he transported more than 100 children from a war zone to Russia. Although Russia did not comply with the court's order, it admitted the fact and opted to return the children; the action might be justified by several political grounds, as claimed by jurists. Putin is unlikely to be arrested soon, but his movements have been restricted.  And he had to attend Brick's 2023 because of political duty. Putin’s arrest, the ICC’s warrant furthers Russia’s status as a global pariah.

IMPACT ON DARFUR SUDAN- Bashir is the first sitting president to be charged with genocide, crimes against humanity, and war crimes in Sudan's Darfur area. He is suspected of plotting mass executions and deportations of members of several ethnic groups. Bashir escaped arrest by travelling abroad solely with guarantees from sympathetic foreign leaders that they would not give him over. Following months of anti-government rallies, Sudan's military deposed Bashir and arrested ICC him in April 2019. An ICC mission visited Sudan in February 2021 to discuss cooperation with the transitional government, but it is unclear whether Sudanese authorities will extradite Bashir.

Conclusion

Upon referrals by States Parties or by the UNSC, or on its own initiative and with the judges' authorization, the Office of the Prosecutor (OTP) conducts investigations by gathering and examining evidence, questioning persons under investigation and questioning victims and witnesses, for the purpose of finding evidence of a suspect's innocence or guilt. OTP must investigate incriminating and exonerating circumstances equally.OTP requests cooperation and assistance from States and international organizations, and also sends investigators to areas where the alleged crimes occurred to gather evidence. Investigators must be careful not to create any risk to the victims and witnesses.

There are many shortcomings in the ICC, but it is still an authoritative organization that we must accept and abide to. ICC has many laggings:-

• It not allowed giving death sentence to any person. 

• It doesn’t have any specific jurisdiction rather has many countries in which offices of ICC are make.

• The ICC has automatic jurisdiction only over crimes committed on the territory of a state that has ratified the treaty or by a citizen of such a state, or when a matter is referred to it by the United Nations Security Council.

• The court's effectiveness has been called into doubt due to procedural and substantive flaws that have resulted in delays and frustration.

• It also lacks human resources and funding.

RESOURCES 

• https://www.icc-cpi.int/sites/default/files/Publications/understanding-the-icc.pdf

• https://www.cfr.org/backgrounder/role-international-criminal-court#chapter-title-0-8

• https://www.hrw.org/world-report/2023/country-chapters/ukraine

• https://www.icc-cpi.int/cases?f%5B0%5D=accused_crime_case%3A324