INTERNATIONAL CRIMINAL COURT: AN EXAMINATION OF THE LAW, STRUCTURE AND PRACTICE.

ABSTRACT

This paper analyses the International Criminal Court, its’ Laws i.e. the Rome Statute, its’ structure and court practice. Through its’ analysis, it identifies the circumstances and antecedents that necessitated the creation of the International Criminal Court and how the Court’s statute has been a peculiar solution to one of the silent issues on the provision and justiciability of reparation to victims of International Humanitarian Law, it also examines the concept of rights of protected persons. In identifying the circumstances which necessitated the creation of the International Criminal Court, it states that, state parties welcomed the draft statute presented by the International Law Commission and thus reflected the urgent need for a court of universal criminal jurisdiction to close the curtains on the old era of impunity with a strict principle of accountability on such perpetrators of impunity. However, this work does not expound on the punishment of such violators of International Humanitarian Law. This work also briefly expounds on the court’s universal and complimentary jurisdiction i.e. it gains jurisdiction when a national court is genuinely unable or unwilling to preside over such matters within the Court’s jurisdiction. This research identifies the achievements of the court, however, it identifies the challenges/salient issues faced by the court on the other hand, some of which are regarding the court’s stance to be of a neutral and non-political institution as there are allegations of the court to be a branch of European imperialism on Africa and finally, observations and recommendations made by the researcher.