Abstract

The concept of criminal justice has undergone a fundamental transformation, extending beyond the confines of national jurisdictions to the international level through the establishment of the International Criminal Court (ICC) as the first permanent international criminal tribunal. The Court is mandated to investigate and prosecute those responsible for the most serious crimes of concern to the international community, which also constitute grave violations of international humanitarian law and international criminal law. Nevertheless, the Rome Statute contains a number of legal and procedural limitations that affect the Court's ability to exercise its jurisdiction effectively, in addition to certain legal gaps that have impacted its overall performance. These limitations, together with the reservations expressed by some States regarding the Court's jurisdiction and operational mechanisms, have posed significant challenges to the ICC's ability to achieve its fundamental objective of combating impunity. Against this background, this article seeks to examine the principal legal and political challenges facing the International Criminal Court and to evaluate its performance after more than two decades of operation, with a view to assessing its effectiveness in advancing international criminal justice and contributing to the prevention and punishment of international crimes.

Keywords

International Criminal Court; international crimes; criminal justice; grave violations.