This Week In History

CWA # 1370
This Week In History
01 July 2002: The Rome Statute establishes the International Criminal Court

Ronakk Tijoriwala
1 July 2024
Photo Source: International Criminal Court

On 01 July 2002, the International Criminal Court (ICC) was established as a result of the adoption of the Rome Statute, a treaty that had been adopted by 120 countries on 17 July 1998. Created to prosecute cases that involve some of the most horrific human rights violations in the international community, the ICC is tasked with the responsibility of prosecuting “individuals responsible for the most serious crimes under international law, namely genocide, crimes against humanity, war crimes and the crime of aggression.” Also known as a “court of last resort,” the ICC has a non-retroactive jurisdiction, and can only intervene when States are unwilling or unable to investigate perpetrators of crimes against humanity or war crimes. 

From the Rome Statute to the ICC 
Rome Statute can be pegged on the outcome of the Second World War and more particularly, the Nuremberg Trials which sought to punish war criminals.Such trials were general and failed to stop genocides. In subsequent conflicts for instance in Rwanda and the former Yugoslavia international efforts to bring to book heinous criminals proved inadequate hence the need for a permanent international criminal tribunal. These two were the International Criminal Tribunal for Rwanda commonly referred to as ICTR and the International Criminal Tribunal for the former Yugoslavia, in short, ICTY and they revealed not only the need for the formulation of mechanisms of prosecution of war crimes, genocide and other mass atrocities but also the difficulties that where bound to be encountered along this course. 

To meet these challenges, the International Law Commission that operates under the auspices of the United Nations was involved in the preparation of the text of the Rome Statute. The representatives from international community met in Rome to discuss and ratify the treaty intended to create a permanent court through which people could be charged for genocide, crimes against humanity, war crimes, and the crimes of aggression.

After 2002: Issues and Challenges for the ICC
Following are some of the major issues and challenges for the ICC since 2002.

Jurisdiction and Sovereignty Concerns
One of the major challenges, is the clash of interest between the goals of the court and the sovereignty of nations. The legal recourse of the court is confined to only those offenses committed within the territory of a state party or against a national of a state party, unless a situation is referred to by the UNSC. 

Challenges of Enforcement
Due to primacy of the ICC the realization of the work of the court is heavily premised on the compliance of states in apprehension of suspects, execution of warrants, and details of evidence. This has been a big set-back especially when it comes to the arrest of fugitives as seen by Omar al-Bashir the former President of Sudan who has been staying away from the international criminal court. 

Funding and Resource Constraints
The ICC is a state-funded organization, and its core finances have fluctuating budgets to face the expenses constantly. These have adversely affected the Court’s capacity to investigate, try cases, and, more importantly, assist the survivors. 

Some Notable Cases and Trials 
Some of the notable cases include the following:

Thomas Lubanga Dyilo: Lubanga was convicted in the year 2012 for being the first individual that conscripted and enlisted children under fifteen years in Democratic Republic of the Congo.
Jean-Pierre Bemba: The ex DR Congo’s VP, Bemba was convicted in 2016 of crimes against humanity and war crimes by his militia in the CAR. However, this conviction was overruled in an appeal in 2018. 
Omar al-Bashir: The former president of Sudan together with his legal regime has been accused of genocide, war crimes and crimes against humanity in the case of Darfur. One of the examples in this regard is that Bashir has not been extradited to the ICC even where there are international warrants of his arrest; this portrays some of the challenges of affecting some of the directives of the ICC.

What Next for the ICC?
During the last decade, the Court has stretched outside Africa looking at cases in Georgia and Afghanistan. The ICC has also been trying to improve its operations and functions, and stamps to do so are processes that have been mapped out and attempts at improving the communication system of the ICC towards affected communities. 
The future of the Court depends on how it deals with the problems touching on its jurisdiction, enforcement of its decisions and the influence of politics besides embracing other challenges that characterize the changing posture on international justice. What is next depends on the ICC to consolidate on the achievements while grappling with the bloc’s failures. Enhancing cooperation with other international organizations, binding more states to the ICC and making justice fairer and more impartial all over the world can be considered as the key to the accomplishment of the tasks. 

The Chief Prosecutor of the International Criminal Court opened a formal investigation into alleged Israeli forces and Hamas’ crimes. This has been quite polarizing in terms of reception, with Israel refusing to recognize ICC’s authority on their territory, citing non-membership despite being associated with Palestine as a territory Palestine has welcomed the investigation as a step towards justice for what they view as war crimes committed during the conflict. 

In the series:
05 July 1962: Algeria declares its independence, ending 132 years of French occupation
06 June 1944: Allied forces land in Normandy, turning the tide in World War-II
21 May 1991: LTTE human bomb assassinates Rajiv Gandhi
20 May 1948: Vasco da Gama, a Portuguese explorer lands in Calicut in India’s west coast
20 May 2002: East Timor becomes an independent country
30 April 1975: Saigon falls to North Vietnam troops, leading to the reunification of Vietnam
21 April 1526: The First Battle of Panipat leads to the emergence of the Mughal Empire in India
17 April 1895: The Treaty of Shimonoseki ends the first Sino-Japan War (1894-95)
17 April 1975: Khmer Rouge captures Phnom Penh in Cambodia, establishing the Pol Pot regime
16 April 1917: Lenin issues “April Theses”
04 April 1968: Martin Luther King Jr assassinated
18 March 2014: Russia annexes Crimea
14 March 1879: Albert Einstein born in Germany
14 March 1849: The Sikh Army surrenders to the British
12 March 1918: Lenin shifts the capital to Moscow
11 March 1985: Mikhail Gorbachev becomes the General Secretary of the Communist Party of the Soviet Union

About the author
Ronakk Tijoriwala is a student from Pandit Deendayal Energy University, School of Liberal Studies. Ahmedabad, Gujarat.


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Fleur Elizabeth Philip

Thailand and Cambodia
What was the phone call between PM Shinawatra and President of Senate Hun Sen? What is the border dispute between the two? Why has this become an issue?
TWTW Note
June 2025 | CWA # 1735

Padmashree Anandhan

NATO Summit 2025:
Trump making Europe great again
The World This Week
June 2025 | CWA # 1734

GP Team

The World This Week #317
NATO Summit 2025 and Russia-Mali bilateral agreements
Global Politics Explainer
June 2025 | CWA # 1733

Ananya Dinesh

China and the Pacific Islands 
What was the recent China-PIC joint statement about? What it says, and what it means?
TWTW Note
June 2025 | CWA # 1728

M Kejia

G7 Summit 2025:
The Focus on the Middle East and Trade negotiations
The World This Week
June 2025 | CWA # 1726

GP Team

The World This Week #316
China-Central Asia Summit in Kazakhstan, and the G7 Summit in Canada
Global Politics Explainer
June 2025 | CWA # 1725

Brighty Ann Sarah, R Preetha, Santhiya M, Aparna A Nair & M Kejia

Operation Midnight Hammer: US bombs three nuclear sites in Iran
What were the three Iranian nuclear sites that were targeted? What are the B2 Bombers and Bunker Buster Bombs? What do these attacks mean? What Next?
Conflict Weekly
June 2025 | CWA # 1724

IPRI Team

Conflict Weekly #286
The Spiralling Israel-Iran Crisis, and the Dangerous Hunger Hotspots
Global Politics Explainer
June 2025 | CWA # 1721

Rizwana Banu S and Santhiya M

Who are the Afrikaners?
Why is Trump interested in the Afrikaner question in South Africa?
Global Politics Explainer
June 2025 | CWA # 1720

Lekshmi MK

New WMO Report on Arctic Warming
What are the social, economic and environmental implications of Arctic warming
Global Politics Explainer
June 2025 | CWA # 1719

J Yamini  

China’s EV Surge
What contributes to the rise of BYD
Global Politics Explainer
June 2025 | CWA # 1717

J Yamini

Gender Violence in Pakistan:
What are the larger issues in the Noor Mukadam case?
TWTW Note
June 2025 | CWA # 1715

Femy Francis

The US-China:
On Tariffs, Rare Earths and Visas
The World This Week
June 2025 | CWA # 1713

GP Team

The World This Week #315
The UN Ocean Conference in France and the US-China Meeting in London
CW Note
June 2025 | CWA # 1712

R Preetha

The World This Week
June 2025 | CWA # 1705

GP Team

The World This Week #314
Elections in South Korea and Poland I China and the Pacific Island Countries I Bangladesh Election Announcement 2026
Global Politics Explainer
June 2025 | CWA # 1703

M Kejia 

Sagarmatha Sambaad in Nepal
Kathmandu’s Global Agenda for the Himalayas
Global Politics Explainer
June 2025 | CWA # 1700

R Preetha

Ethiopia bans the TPLF
What does the TPLF ban mean for the Pretoria agreement? What next for Ethiopia?
TWTW Note
June 2025 | CWA # 1694

Aashish Ganeshan

The US:
Harvard vs Trump Administration
The World This Week
June 2025 | CWA # 1691

GP Team

The World This Week #313
China-ASEAN-GCC Summit I President Macron's visit to South East Asia I Trump Vs Harvard
The World This Week
May 2025 | CWA # 1690

GP Team

The World This Week #312
Elections in Romania, Portugal & Poland I UK-EU Summit
CW Note
May 2025 | CWA # 1689

Padmashree Anandhan

Ukraine
Continuing Russia’s Aerial Attacks, despite exchange of prisoners
CW Note
May 2025 | CWA # 1688

Ayan Datta

Gaza
The Humanitarian Crisis and Israel’s Renewed Offensive
TWTW Note
May 2025 | CWA # 1685

Aparna A Nair

UK-EU Summit:
First step towards a reset
TWTW Note
May 2025 | CWA # 1683

Aashish Ganeshan

Elections in Portugal:
The Rise of Chega Party and the Search for Political Stability
TWTW Note
May 2025 | CWA # 1679

Aashish Ganeshan

US in the Middle Easr
Trump’s visit to Saudi Arabia, Qatar and UAE
TWTW Note
May 2025 | CWA # 1678

Gauri Gupta

China in Latin America
China-CELAC forum: Strengthening ties with Latin America and Caribbean
The World This Week
May 2025 | CWA # 1677

GP Team

The World This Week #310-311
China in Latin America and the Carribbean I Trump's Middle East Visit I Denmark as the new Arctic Chair
CW Note
May 2025 | CWA # 1675

Lekshmi MK

Turkey:
PKK disbands after 40 years of armed insurgency
CW Note
May 2025 | CWA # 1673

Padmashree Anandhan

Ukraine:
The Discussion in Turkiye and the Elusive Ceasefire
CW Note
May 2025 | CWA # 1671

Abhiruchi Chowdhury

US, Ukraine and Russia:
Air attacks amidst a Minerals deal and Ceasefire Proposals
Global Politics Early Bird
May 2025 | CWA # 1670

Fleur Elizabeth Philip

Singapore Elections in 2025:
People’s Action Party (PAP) Wins, Again
TWTW Note
May 2025 | CWA # 1667

R Preetha and Brighty Ann Sarah

East Asia:
Tough Tariff Negotiations with the US
TWTW Note
May 2025 | CWA # 1666

Padmashree Anandhan

The US-Ukraine
The mineral deal with the US
Conflict Weekly
May 2025 | CWA # 1665
Conflict Weekly # 280-81
India-Pakistan De-escalation I Ukraine Discussion in Istanbul I The Battle over Port Sudan I Disbanding of PKK in Turkiye I France-Algeria Diplomatic Tensions
Global Politics Early Bird
May 2025 | CWA # 1663

R Preetha

Canada Elections 2025:
What do the results convey? What next for Mark Carney?
Conflict Weekly 250th Issue
October 2024 | CWA # 1480

IPRI Team

This Week in History
July 2024 | CWA # 1413

Ramya B

Global Politics Early Bird
May 2024 | CWA # 1336

Femy Francis

This Week in History
April 2024 | CWA # 1275

Ramya B

NIAS Global Politics Database
March 2024 | CWA # 1251

NIAS Africa Team

Africa This Week
This Week in History
March 2024 | CWA # 1246

Sivasubramanian K

NIAS Global Politics Database
February 2024 | CWA # 1226

NIAS Africa Team

Africa This Week
The World This Week
November 2023 | CWA # 1148

GP Team

The War in Ukraine
October 2023 | CWA # 1091

Annem Naga Bindhu Madhuri

Issues for Europe
NIAS Pakistan Weekly
October 2023 | CWA # 1087

PR Team

The World This Week
October 2023 | CWA # 1083

GP Team

Conflict Weekly
August 2023 | CWA # 1049

IPRI Team

IPRI Quarterly Forecasts I Triggers, Trends, and Trajectories
July 2023 | CWA # 1012

Bibhu Prasad Routray

Myanmar continues to burn
The World This Week
July 2023 | CWA # 1009

GP Team

2022: The World This Year
December 2022 | CWA # 879

Padmashree Anandhan

The Ukraine War
2022: The World This Year
December 2022 | CWA # 872

Sapna Elsa Abraham

Europe: Heatwaves, Wildfires, Droughts, and Ice Melt in Alps
November 2022 | CWA # 838

Rishma Banerjee

Tracing Europe's droughts
NIAS Africa Weekly
March 2022 | CWA # 705

NIAS Africa Team

In Focus: Libya
The World This Week: 150th Issue
December 2021 | CWA # 630

GP Team

Europe in 2021
Pakistan Reader
October 2021 | CWA # 588

Abigail Miriam Fernandez

TLP is back again
NIAS Fortnightly on Science, Technology & International Relations
August 2021 | CWA # 528

STIR Team

Space Tourism
GLOBAL PROTEST MOVEMENTS
September 2020 | CWA # 337

Anju Annie Mammen

The FATF Meeting, February 2020
February 2020 | CWA # 235

Lakshmi V Menon

Science, Technology and International Relations
September 2019 | CWA # 162

Lakshman Chakravarthy N

5G: A Primer
South Asia Monthly Brief (Nov 2018)
December 2018 | CWA # 71

Mahesh Bhatta

Nepal
South Asia Monthly Brief (Nov 2018)
December 2018 | CWA # 70

Nasima Khatoon

The Maldives
South Asia Monthly Brief (Nov 2018)
December 2018 | CWA # 69

Harini Madhusudan

India
South Asia Monthly Brief (Nov 2018)
December 2018 | CWA # 68

Sourina Bej

Bangladesh
South Asia Monthly Brief (Nov 2018)
December 2018 | CWA # 67

Seetha Lakshmi Dinesh Iyer

Afghanistan
United States
July 2018 | CWA # 47

Rahul Arockiaraj

East Asia
June 2018 | CWA # 26

Siddhatti Mehta