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The Role and Problems of International Criminal Court(ICC)

  • DONG-A LAW REVIEW
  • 2008, (42), pp.533-560
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Jaehyeong Yoo 1

1청주대학교

Candidate

ABSTRACT

The purpose of this research is to figure out what the main role of ICC, which was established in Jul 1st 2002, is and what problems ICC has currently. The main purpose of ICC is to guarantee international humanitarian order, which can contribute to international peace in 21st century, as it punishes individual who violates international humanitarian law. Considering the purpose, this research tried to analyze historical background of ICC establishment from the aspect o f construction of international humanitarian law. After that, it analyzed the structure and the nature of ICC, which is designed to conduct given role, based on Rome Statute in order to deduct following problems which ICC is facing currently. (1) Resistance of strong countries and necessity of cooperation (2) The problem of ‘self-referral’ (3)The problem of magnificent cost required for labor and administration (4) The problems concerning the crime of aggression (5) The problem of ‘double standard’ for human rights In conclusion, the establishment of ICC is a historically meaningful event as it sets up principles of judging individual’s behavior as an international crime for the first time in the history of international law, and as it indicates establishment of permanent court which is equipped with substantial organization and process. ICC is expected to play a significant role to maintain international peace and security, which are deemed to be the most important principles in international law. However, it is required to make global efforts to solve given problems for ICC to realize its aforementioned principles effectively.

Citation status

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