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The ICC: "The Last Great International Institution Of The Twentieth Century"

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Chapter Summary

The ICC is the only contemporary international criminal sanctioning body to base its authority on a multilateral treaty. The ad hoc tribunals are subsidiary bodies of the United Nations (UN) and derive their authority from the established political order of the UN. The Rome Statute provides for heightened sensitivity to victims' rights, but lacks the enforcement capabilities of its national counterparts. By limiting political interference and establishing a permanent corpus, the ICC can deter massive human rights violations and help manage conflict atrocity. One institutionally constraining factor limiting the reach of the ICC is the narrow scope of its jurisdiction. The Court assumes jurisdiction in the gravest situations and is designed to be sensitive to the principles of state sovereignty, except under the most unusual circumstances. Under its subject-matter jurisdiction the Court is empowered to hear four criminal charges: genocide, crimes against humanity, war crimes and the crime of aggression.

Keywords: ICC; jurisdiction; Rome Statute; United Nations (UN)



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