Why does the International Criminal Court Fail to End Impunity: An Analysis of ICC’s Operative and Structural Flaws

Abstract

The International Criminal Court was established to end impunity while sentencing some of the worst criminals committing brutal mass murders. Facing doubts from critics regarding its effectiveness, it is only a matter of time before this court meets its end. Past research usually offers suggestions with a third party’s involvement, while this research focuses on empowering the court itself and its root causes: legal and operational flaws. Methods such as data analysis of the ICC’s financial report and past cases are utlized. These findings are later used to propose recommendations that ensure more effective communication between ASP and the ICC and amend the Rome Statute to grant the ICC more authority. The specific areas of flaws tested in this research can become valuable information for future research, while the ICC can consider the legal recommendations from this research as guidance for future actions.