THE ROLE OF ICC IN THE PROSECUTION OF GENOCIDE

Genocide is one of the most heinous crimes under international law, characterized by acts intended to destroy, in whole or in part, a national, ethnic, racial, or religious group. The International Criminal Court (ICC) was established to ensure that such serious crimes do not go unpunished by providing a permanent international judicial body dedicated to holding perpetrators accountable. This role is critical in promoting justice, deterring future atrocities, and affirming the commitment of the international community to uphold human rights and the rule of law. The ICC’s involvement in prosecuting genocide marked a significant development in international criminal justice, addressing impunity where national courts failed to act. This aim of this long essay is to critically examine the effectiveness of the ICC in addressing and prosecuting genocide, identify existing gaps, and propose recommendations for improvement. Utilizing doctrinal methodology, the research analyses legal texts, ICC case laws, and international treaties relevant to genocide prosecution. The essay reveals that while the ICC represents a significant advancement in international criminal law by providing a permanent forum for justice, several gaps hinder its full effectiveness. These include limited jurisdictional reach, challenges to state cooperation, political interference, and delays in the prosecution process. Additionally, the ICC faces difficulties in ensuring victim participation and protection, which are crucial for restorative justice. The study recommends emphasizing strengthening international cooperation to overcome jurisdictional and enforcement challenges, enhancing the Court’s resources and capacity for expedited proceedings, and promoting broader acceptance of ICC jurisdiction through international diplomacy. The study also suggests amplified support for victim rights and witness protection mechanisms to ensure comprehensive justice delivery.