Realist Theory Of The International Criminal Court

Great Essays
The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that works to prosecute individuals who have committed heinous crimes, like genocide and war crimes. The organization was established in 1998 and became a fully functioning organization with the implementation of the Rome Statute in 2002. From the beginning of the organization; African countries have served as valuable members of the International Criminal Court. Many African leaders pushed for the organization’s founding and today over thirty African nations are members (Roth). However, in recent years, Africans have become restless with the International Criminal Court with some nations, including South Africa, threatening to resign or outright …show more content…
The initial optimism to form the ICC by African nations is represented by the ideas of cooperation and mutual gains that come from neoliberal institutionalism. However, as time wore on, cynicism began to grow from African members. This cynicism, I believe, fueled the realist theory decision making that we are seeing currently. I think that the realist theory of international relations best explains why African nations are choosing or threatening to leave the International Criminal Court. Neoliberal Institutionalism is an international relations theory that focuses on the benefits of cooperation between countries. The theory stems from the idea that states are capable of absolute gains if they work in collaboration with each other. The forming of an institution creates a forum for continuous interaction that helps states become more transparent with each other and allows for the fostering of further cooperation both inside and outside of the institution. This theory helps explains why African leaders would want to join on to the ICC. African leaders in the late 1990s and early 2000s signed on to the International Criminal Court, …show more content…
The realist thinking that had little impact on the initial creation of the ICC has now began to take hold in the minds of African leaders. Conversely, the neoliberal institutionalists optimism has worn out its welcome. As previously stated, the International Criminal Court was sold as an organization that facilitated cooperation and allowed from absolute gains to be achieved by all its members per neoliberal institutionalist theory. However, in the years since the Rome Statute; Africans have been able to evaluate the success and failures of the ICC. Today, many Africans have made the determination that the ICC has been a failure and that it is a tool by European powers to advance their agendas (Essa). Realists believe that the ICC is a tool of the great powers and the theory is becoming reality (perception is reality) by the increased view that weak African nations are being targeted by powerful states. Africans argue that the fact that only Africans have been charged under the Rome Statute is proof of the courts underlying motives (Essa). Furthermore, nine of the ten current investigations are against Africans. This perceived targeting as led to Gambia calling the ICC the “International Caucasian Court (Sengupta).” Another point of contention is the lack of participation by the great powers of Russia, China, and the United States (Essa). The United States, for

Related Documents

  • Great Essays

    The Pros Of Constructivism

    • 2158 Words
    • 9 Pages

    The constructivist turn in IR marks a shift from the material determinants of international politics to ideational factors, such as beliefs, ideas, and norms. The two dominant theoretical schools in IR, neorealism and neoliberal institutionalism (NLI), share several key assumptions regarding the anarchic nature of the international system, states are self-interested, rational actors, driven by material interests in power/survival (neorealists) or security (NLI). In addition, neorealism and NLI both rely on a rational choice framework borrowed from microeconomics that assumes cost-benefit analysis and utility maximization as the impetus behind state’s political calculus. Although conditioned by the same assumptions, neorealists and NLI reach vastly different conclusions regarding the potential for conflict and cooperation in international politics.…

    • 2158 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    Simone Ggbo Case Study

    • 1181 Words
    • 5 Pages

    The major objective of this essay is to select a case from the International Criminal Court and to describe the circumstances of the case, the parties involved, the alleged crimes, the evidence presented by both prosecution and defense, and the current disposition of the case. The case that I have selected to write about is the case of The Prosecutor VS Simone Gbagbo. The parties involved in this case are Simone Gbargo, her husband President Gbagbo, the citizens of Ivory Coast which is located in west Africa , and finally the International criminal court. In the case of the Prosecutor VS Simone Gbagbo, the defendant is accused of violating the Roman statue and violating crimes against humanities which include murder, rape and sexual…

    • 1181 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    However, their effectiveness is limited due to the lack of enforcement in sovereign states. The establishment of the International Criminal Court in 2002 by the Rome Statue as a court of last resort and the INTERPOL was a significant development in the laws of crimes against the international community. The ICC was established as a permanent court in response to war crimes in Rwanda and Yugoslavia, in hope that by its creation it would raise the profile of the need to prosecute these crimes more seriously and consistently. Whilst, the Interpol is the world’s largest international police organisation, which plays a vital role in combating international crime such as drugs and criminal organisations, terrorism, high- tech crime, trafficking in human beings, fugitives and corruption. The ICC is central world court “creating an atmosphere of fairness and justice” (Daniel Donovan, International Policy digest 2012),…

    • 760 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In the book there are many treaties and ideas that take too long or never happened due the lack of support from the international community. For an example, when the UN wanted to implement the ICC for all war crimes the United States of America “voted against all future resolutions establishing UN operations” because you know America needs to be in everything (Ball 82). Yes America voted yes under the Clinton administration and then it got revoked by Bush because it would not stand up for America’s constitution. The reason why the ICC did not wanted to be biased based on one nations polices. Sadly these lack of support caused victims to suffer longer in Rwanda where a whole ethic group was massacred because they were not the…

    • 665 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    112). Universal Jurisdiction can be problematic because it could lead to the practice of anarchic justice if granted enough multilateral endorsements. Also, Universal Jurisdiction could lead to politically motivated prosecutions, expose individuals to foreign courts without adequate due process protections, lead to the perception of unfairness and illegitimacy. Mayerfield argues that the ICC would avoid the previously stated problems because it has a high threshold for prosecutable crimes, it does nto offer protection to non-member states’ citizens, and in some cases because it avoids pursuing human rights violators who ought nonetheless to be brought before justice. Also, the ICC is simply constrained when it comes to resources, therefore Universal Jurisdiction problems could potentially be…

    • 1184 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    After World War II the United Nations created tribunals for criminal prosecution of war crimes proceeded with the Nuremberg Trials. Since that time there have been other systems including the International Criminal Tribunal for the former Yugoslavia (ICTY) that dealt with the war crimes that occurred in Yugoslavia. Also, the International Criminal Tribunal for Rwanda (ICTR) which prosecuted those involved in the genocide in Rwanda (U.N., 2015). In addition, there are Hybrid Tribunals and the International Criminal Court (ICC). These tribunals and law courts are successful in prosecuting individuals involved in major crimes.…

    • 1770 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Dbq Child Labor

    • 475 Words
    • 2 Pages

    The problem here is, the doctrine of comity which states the courts of one country should refrain from deciding cases invloving acts from another country. The G20 countries can do their part to uphold their laws, example making sure those who commit crimes against humanity are prosecuted to the full extent 4) Have we learned anything since the Holocaust? The Holocaust shows us how power is given to the wrong peoples with ideological belief, laced with evil intention when that goes unchecked what the hows us how power is given to the wrong peoples with ideological belief, laced with evil intention when that goes unchecked what the outcome will be. Have we learned, i don't believe we have if we tally the about of people being killed around the world based on ideological beliefs we might be close to the…

    • 475 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Reconciliation In Rwanda

    • 1968 Words
    • 8 Pages

    The Government’s Failure to Facilitate Reconciliation in Post-Genocide Rwanda After the genocide of 1994, Rwanda had strict ethnic divides between the Hutus, Tutsis, and Twa. Some 800,000 Tutsis and moderate Hutus were murdered, and the population was torn apart without much guidance to initiate the healing process. Despite implementing various legal and cultural efforts to help the country recover, the Rwandan government did not do enough to help said process; there are still societal divides and forced isolations left in the wake of the genocide. The International Court Tribunal of Rwanda (ICTR) was inefficient and wasted both time and money in trying perpetrators of the genocide; its incompetence prolonged the freedom the criminals enjoyed…

    • 1968 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    In the criminal justice system, compliance occurs when members of society are encouraged to abide by laws. In this system, elements such as Youth Justice Conferences, the International Criminal Court and Mandatory Minimum Sentencing are relatively ineffective in encouraging compliance within the domestic and international community. In order to encourage compliance, laws should be enforceable and reflect the moral standards of society. The International Criminal Court (ICC), established under the Rome Statute 1998, is a permanent court that intends to prosecute individuals accused of serious crimes.…

    • 891 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    International organisations fall into a category of “non-state actors that exist outside the traditional levels-of-analysis framework but have a marked impact on the international system.” Each individual international organisation has its own set of principles and rules that the members must abide by. In addition, international organisations function as instruments in upholding international law, as there is no single entity responsible for this on a global scale. International organisations can be divided into different categories depending on their main priority and focus in the international community. NATO and the Warsaw Pact are examples of military and security oriented organisations.…

    • 1761 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    Following Mearsheimer’s assessment and critique of liberal institutionalism birthed the reply, “The Promise of Institutionalist Theory”, coauthored by Robert O. Keohane and Lisa L. Martin. In this article, Keohane and Martin display their critique of realism and evidence for the impact of institutions on the international scene. They begin with outlaying what they affirm are the faults in Mearsheimer’s critique against them in “The False Promise of International Institutions.” Keohane and Martin summarize, “Realism is replete with global generalizations, lacking qualifications about the conditions under which they may be valid” (Keohane & Martin, 1995, pg. 41). By this statement, it is clear that Keohane and Martin believe Mearsheimer’s explanation…

    • 1489 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    The ICC came as a very large and impactful process that was to simplify and assist in the convictions of these hard criminals. Although the ICC was created through the goal of having an overall easier process and to provide justice, the ICC is also often criticized for its lack of organization and weak basic structure. This paper will focus directly on the reliance of Africa in relation to the International Criminal Court and how it is beneficial and how it can be improved. This will be examined through looking at the ICC’s weakness and strengths mainly in relation to Africa, and by taking a look at possible solutions to the ongoing problems that the ICC is facing.…

    • 2400 Words
    • 10 Pages
    Great Essays
  • Great Essays

    ‘The United Nation (UN) has been an ineffective actor in maintaining peace and security in the post-Cold War era’. Critically evaluate that claim. The United Nations (UN) is the closest the international system has to an international government, it is organisation bringing 193 member states together in order to “maintain international peace and security, develop friendly relations among nations, and cooperate in solving international problems.” These are main goals highlighted in the UN charter and are the reasons why the UN is such a vital component in the international system.…

    • 1734 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Realists and Liberalist are often times conflicting on how they think about different issues and the way they go about constructing their own nations. But, institutionalism bridges a gap between the both of them. Institutionalism functions as a neutral territory that aims to diffuse potentially competing and conflicting issues. Realism, being the oldest International Relations theory gives a pessimistic view of human nature. Realists believe that.…

    • 1523 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Why is political stability important for the integration of the EAC partner STATES? Political stability is the condition of the government of the country that precludes the possibility of open revolt because the government is governing correctly, people are content, the leader is far from corrupt, and citizens benefit from all the policies. The five member states of the East African Community (Rwanda, Tanzania, Kenya, Burundi, and Uganda) have had traumatic historical events and disagreements that led to the failure of the first East African Community ( in 1977). The five countries have now realized the importance of political stability and are overcoming it by instilling democratic processes and integrating their economies together to ensure that…

    • 1291 Words
    • 6 Pages
    Improved Essays