The adoption of the Rome Statute was an exceptional moment when states, the United Nations (UN) and civil society organizations came together. During the process, various negotiators pursued the idea of turning it into an instrument of “deterrence”. If we go back to that time in 1998, the events in former Yugoslavia and Rwanda still weighed on the international agenda, and there was a strong sense that everything must be done to prevent mass atrocities and prosecute the perpetrators.
However, since it started operations in 2002, the ICC has lacked the necessary strength to fully carry out its mandate. The Court lacks the political, diplomatic and financial support necessary to fulfill what it was created to do. One highly problematic aspect in particular is the relationship between the ICC and the UN Security Council (UNSC).
The UNSC, so far, has referred only two situations to the Court: one in Darfur (Sudan) and the other one in Libya. In the ten years since the Darfur case opened, six arrest warrants have been issued. However, only one defendant has actually faced the Court; four of those indicted are still free, one died prior to arrest, and the government of Sudan continues to reject the jurisdiction of the ICC. Even more concerning is the fact that various UN member states, and even state parties to the Rome Statute, have refused to comply with the arrest warrants—especially against the president of Sudan, Omar Al Bashir, who faces charges of genocide, crimes against humanity and war crimes.
