The International Criminal Court

Since it came into being in 2002, as a court dealing with the most serious of crimes, crimes against humanity and war crimes, the International Criminal Court has been caught up in controversy. Yet the Court has avoided addressing the most pernicious international crime – wars of aggression, the basis of the Nuremburg trials. The ICC’s claim to be a universal court falters given that its members only represent just over a quarter of the world’s population: China, Russia, the United States and India, amongst many other countries, are not members of the Court. Indeed, the Court is increasingly being seen as a European court, largely funded and directed by the major European Union states. The ICC has also been accused of focusing exclusively on Africa – ignoring blatant war crimes in any other part of the world. The Court’s autistic legal approach has also derailed delicate peace processes within Africa – thereby prolonging devastating civil wars. Serious questions have also been asked about prosecutorial irregularities and lack of due process in the day-to-day functioning of the Court. In examining these and other issues, this book provides an alternative perspective on a very controversial legal institution.