Brooke Wallace ICC Response
Brooke Wallace
Prof. Shirk
International Politics
10 March 2022
After reading the different arguments, I found that Elena Baylis made the strongest case for stronger national and regional justice systems. Her argument is centered around the fact that the ICC is only meant to play a limited role in the courts. The national courts should handle the crimes they are supposed to which, in turn, would allow the ICC to do its job and restore its original purpose. She suggests that only then will there be an effective change in the court system. Baylis also stresses the need for national and regional courts to assume a greater role in the prosecution of crimes. "The ICC was never meant to be the first responder for these situations". I agree with her that there are too many atrocities to expect one court to take on everything; it should be our last resort. The ICC does not serve to replace national courts. Instead, it is meant to complement the criminal justice system, yet in some African countries like Nigeria, it is the first system that is expected to respond to any type of war crime. If we bring the ICC into everything (even small-scale acts), it will become less effective and powerful in what it is destined to do.
Another downfall of involving the ICC in everything is that the court itself is losing credibility. Now, people are reluctant to trust the ICC to get the job done because of how poorly it has handled cases that should have been convictions. There are some unfortunate failures of the International Criminal Court such as a shockingly low number of complete procurements. Overall, I totally agree with Baylis' argument that the international community should encourage national and regional courts to step up and take extra responsibility in order to protect/help rebuild the ICC.
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