Should ICC be reformed?
While it is apparent there are issues to overcome for the ICC, strong foundations give it the potential to form into an even more capable and forceful institution with positive effects on war crimes.
In the future the US will continue to traverse the political and philosophical minefield over sovereignty vs. interventionism, potentially leading to US ratification of the Rome Statute and a subsequent strengthening of the court.
This commitment to multi-lateralism and international justice, however, seems unlikely given the recent election of President Donald Trump.
The court will need to diversify their focus to other continents (without diminishing their judicial obligations in Africa) and will need to reform some multi-lateral agreements over enforcement of prosecutions and how to bring the indicted to justice—achieved through strengthening existing agreements and the coordination with national police forces.
Incrementally, the court should aim to stop negative rhetoric in the media by halting the withdrawal of member states and recognising internal operational failings, so not to create a snowball effect and to appease any hostility from member states.
It should also strive to act as a preventative measure.
To do this the ICC needs to show it can be an effective and permanent institution with clear standards, goals and success stories of convicting war criminals in different parts of the world.
With these considerable hurdles tackled, the court’s future could change from possible gloom to becoming a fruitful and effective pillar of the international community.
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