The International Criminal Court and its Role in Conflict Resolution: The Emperor’s New Clothes

Benita Sumita

Abstract

The International Criminal Court (ICC) is the biggest achievement in the international sphere since the creation of the United Nations. But even in its teething years, the Court is in the spotlight and the time has come to prove its mettle. The test case is Darfur, Sudan, which was referred to the Court under United Nations Security Council Resolution 1593. Several legal and academic observers have commented that the ICC needs Darfur more than Darfur needs the Court. Who needs whom and to what extent is a debate for another paper. This is a discussion and a critical analysis of the role of the International Criminal Court; not just in international criminal law but the larger geo- political international sphere. With the ICC looking at ‘serious’ human rights violations in situations of ongoing conflicts- Sudan, Uganda, Congo- this essay is speculating if the Court is assuming a far bigger role than what the draughtsmen had envisaged- that of conflict resolution or even conflict management; especially in the face of the changing nature of global security. Within these parameters, the issues addressed here will include whether the Court can handle the task of conflict resolution and prevention within its legal framework or is the Court being made a scapegoat by the UN and the international community to show that they are “doing something” when peace is threatened. Is it a case where the ICC is being garbed in the emperor’s new clothes?