Bridging the gap between politics and international criminal justice: a closer look at advancing the independence of the prosecutor of the international criminal court
Date
2020-11
Authors
NDEGWA, WAYA NGUKU
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The International Criminal Court is considered the embodiment of international criminal justice, fairness, rule of law, and impartiality. However, in recent times, these principles and values have tainted the view of the Court. There has been much dissatisfaction and discontent with the Court as it is viewed as a political Court rather than a Court which dispenses justice
impartially. The root of the Court’s tainted view lies with the fact that the Court is seen as a Court that makes political decisions rather than a Court which seeks to dispense justice. States have had questionable views with respect to the role of the Security Council which makes some of these decisions. Therefore, this paper assumed that the reason for the Court’s tainted
reputation is the lack of an independent Prosecutor.
Description
The ICC is a permanent court which was established through a multilateral agreement, known as the Rome Statute, that entered into force on July 1, 2002.1 The rationale behind the establishment of the ICC was the prosecution of individuals for the commission of crimes which affected and concerned the entire international community.2 The initial building blocks towards the formation of the ICC included the Nuremberg and Tokyo Tribunals established after the Second World War.3