Assessing the International Criminal Court's response to genocide: a reference to the case of Al-Bashir

被引:0
作者
Hossain, Mohammad Pizuar [1 ]
机构
[1] East West Univ, Law, Dhaka, Bangladesh
关键词
Genocide prosecution; international harmony; International Court of Justice; Al-Bashir case; complementarity principle; VIOLATIONS; ATROCITIES; MECHANISMS; JUSTICE; STATE; ICC; LAW;
D O I
10.1080/13642987.2023.2294284
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
On the 75th anniversary of the Genocide Convention, the role of the International Criminal Court (ICC), as constituted under the Rome Statute, in responding to genocide is worth evaluating. This article assesses the effectiveness of the ICC in addressing genocide, with a focus on the Al-Bashir Case (case concerning genocide, crimes against humanity, and war crimes in Darfur, Sudan) - the first ICC proceeding against a sitting Head of State charged with genocide. It first singles out the ICC's role in promoting international solidarity to prevent genocide, break cycles of violence, and enhance the likelihood of prosecution. It also discusses the legal obligation to strengthen international cooperation for the Al-Bashir Case, under the Genocide Convention, and considers the relevant contexts of the International Criminal Tribunals for the Former Yugoslavia and Rwanda. The analysis has incorporated legal and criminological literature, alongside scholarship of international relations from voluminous resources. This article emphasises the ongoing necessity for international cooperation within the ICC to effectively implement its mechanisms: investigation, prosecution, principle of complementarity, and deterrence. It suggests that this aim can be attained through encouraging Member States of both the Rome Statute and the Genocide Convention to actively participate in responding to genocide.
引用
收藏
页码:648 / 670
页数:23
相关论文
共 89 条
[1]   The International Criminal Court on trial [J].
Ainley, Kirsten .
CAMBRIDGE REVIEW OF INTERNATIONAL AFFAIRS, 2011, 24 (03) :309-333
[2]  
Aitchison A, 2014, CRIMINOLOGICAL APPROACHES TO INTERNATIONAL CRIMINAL LAW, P22
[3]   Are International Criminal Tribunals a Disincentive to Peace?: Reconciling Judicial Romanticism with Political Realism [J].
Akhavan, Payam .
HUMAN RIGHTS QUARTERLY, 2009, 31 (03) :624-654
[4]  
Aksenova M, 2019, BREAKING THE CYCLE OF MASS ATROCITIES: CRIMINOLOGICAL AND SOCIO-LEGAL APPROACHES IN INTERNATIONAL CRIMINAL LAW, P1
[5]  
Aksenova Marina, 2019, BREAKING CYCLE MASS, P82
[6]  
Alexander James F., 2009, VILLANOVA LAW REV, V54, P11
[7]  
[Anonymous], PROSECUTOR OHA ALBAS
[8]  
[Anonymous], 2022, CASE CHINA ICC
[9]  
[Anonymous], 2011, PROSECUTOR OHA ALBAS
[10]  
[Anonymous], 2017, IMPORTANCE GENOCIDE, P2