Purpose Of The International Criminal Court (ICC)

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The International Criminal Court (ICC) is an intergovernmental organization that functions as a judicial body that prosecutes crimes relating to genocide, war crimes, major human rights violations, and crimes against humanity. This court addresses mass atrocities committed by individuals that states have chosen not to prosecute (Roth, 1). The ICC was founded by the ratification of the Rome Statute of the International Criminal Court in 2002. One hundred and twenty-four states ratified the Rome Statute, therefore, all ratifying states became members of the ICC. The purpose of the ICC is to function as a last-resort option for victims that cannot find justice in their own state and as a deterrent to leaders who do not fear domestic prosecution …show more content…

The international realm is not entirely anarchic as intergovernmental organizations, nongovernmental organizations, multi-national corporations, and social movements absolutely have power and influence within the international realm. It is through actors like these that slave trade is now seen as a gross violation of human rights. This example invalidates the idea that the international realm is completely anarchic as theorized by defensive realists. The UN and ICC do not have their own independent militaries or government, but the cooperation between member states provides enough, if not more, power and threat than one individual state could. South Africa withdrawing from the ICC inadvertently shows that they possibly support the mass atrocities and the criminals that the ICC prosecutes. This is one reason South Africa has put their withdrawal on hold as of October of 2017 (Torchia). Constructivism explains and supports their membership within the ICC. Membership shows that South Africa supports human rights and will take a stance against those who commit atrocious crimes. Supporting human rights is a stance that comes with support from most states and international actors. Withdrawal from the ICC is the path of least resistance, but it puts South Africa in a much riskier predicament given the possible repercussions from other states and international actors. Lastly, given the large representation and nationality of the chief prosecutor, it is unlikely that the ICC has an African bias. It is much more plausible that the concentration of mass atrocities occurring throughout the world is greater within Africa explaining why the majority of ICC prosecutions have been African nationals. Overall, constructivism explains South Africa’s current hold on their withdrawal as the ramifications of leaving the

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