in the year 2002 that established the ICC. It allows
the court complimentary jurisdiction over genocide,
crimes against humanity, war crimes and crimes
of aggression. In contrast to previous multi-lateral
treaties the ICC takes the concept of universal
jurisdiction and applies it broadly. The court is set
up with legal coercion that the state parties have
agreed to. The ICC was established in wake of
the Nuremberg trial and the Tokyo tribunal, these
tribunals are significant in the imperialistic nature.
As a result, multilateral institutions are premised on
western liberal democratic values.
Selective Enforcement
When considering the permanent members of the
(UNSC) it is noteworthy that the USA, Russia and
China are not parties to the Rome statute. Whereas
Africa is the most heavily represented region in
the Court’s membership, the majority of the ICC’s
investigations compromise of crimes committed in
African countries. In term of Galtung’s theory the
Centre nation provides decision models and the
Periphery provides obedience. It could be argued
that the threat of individual prosecution is the reason
for their reluctancy towards the organisation.
Role of the United Nation
Security Council (UNSC)
Atrocities committed against third world countries
are often referred to the UN Security Council.
However permanent members of the UNSC
possess the power to veto these cases. The option
to veto a case becomes a mechanism of political
control whereby the veto power is misused to help
maintain alliances between countries in order protect
strategic interests of the permanent members.
There have been cases whereby these interests
have been protected at the expense of humanitarian
intervention
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The UN
The UN peacekeeping troops are responsible
for providing humanitarian assistance whereby
governments have committed atrocities towards
their own citizens. The Srebrenica genocide of July
1995 historically was one of the most significant
miscarriages of justice within international law in
Europe subsequent to the war period (Ryngaert
and Schrijver, 2015) and. The UN Protection Force
(UNPROFOR) has been under criticism for failing
to prevent this atrocity despite a military battalion
being based near the Bosnian town. Serbian troops
committed genocide against Muslims of Bosnia.
The international response to the civil war in Darfur
was also considered a failure on behalf of the
UN. During 2001-2003 Arab Militias engaged in
ethnic cleansing and genocide against indigenous
population were supported by the Sudanese
government (De Waal, 2007). Again this was a
miscarriage of justice on behalf of the UN due to
the late deployed UN African Mission in Darfur
(UNAMID) which caused the atrocity to continue.
The War on Terror
War crimes are breaches of the Geneva Conventions
and other violation of the laws applicable to
international armed conflict. The USA was under
scrutiny by the ICC for intentionally directing attacks
against civilians in Iraq. Fatou Bensouda was denied
visa into the USA (Drury, 2019) as it was revoked by
Washington. Historically he US had a major objection
during its establishment in 2002, The US argue that
the court undermines national sovereignty. Donald
Trump: ‘The ICC has no legitimacy, jurisdiction or
authority’.
Conclusion
Disbanding these international organisations is
not a realistic or viable solution as there are no
other mechanisms that are equal, partially because