Universal Jurisdiction and International Criminal Court: a shared pursuit of justice

This study is centered on examining how lack of universal jurisdiction to the International Criminal Court (ICC) affects the maintenance of the International Criminal Justice. Lack of the Universal jurisdiction to the court affect the primary purpose of introducing the International Criminal Court because it acts as a shield to nationals from non-state parties to the court jurisdiction, from prosecution. In order to curb this, the Rome Statute of the International Criminal Court grant the UN Security Council to refer situation to the court. Where the cases can be referred by state party to the Rome Statute or by the UN Security Council, acting under chapter VII of the United Nations Charter, or by non-state parties when making declaration to accept the jurisdiction of the court, or by prosecutor of the ICC initiating investigation propio motu. This rise the important question about the effectiveness of the UN Security Council referrals in maintaining international criminal justice. Manifestly the issue is controversial. This study concluded by proposing the way forward in order to make sure the ICC serve its purposes of establishment accordingly.

Institutions

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-11-09
DOI
https://doi.org/10.5281/zenodo.17562629
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

Universal Jurisdiction and International Criminal Court: a shared pursuit of justice

Zenodo (CERN European Organization for Nuclear Research)
International Law and Human Rights
article

Universal Jurisdiction and International Criminal Court: a shared pursuit of justice

article en

Abstract

This study is centered on examining how lack of universal jurisdiction to the International Criminal Court (ICC) affects the maintenance of the International Criminal Justice. Lack of the Universal jurisdiction to the court affect the primary purpose of introducing the International Criminal Court because it acts as a shield to nationals from non-state parties to the court jurisdiction, from prosecution. In order to curb this, the Rome Statute of the International Criminal Court grant the UN Security Council to refer situation to the court. Where the cases can be referred by state party to the Rome Statute or by the UN Security Council, acting under chapter VII of the United Nations Charter, or by non-state parties when making declaration to accept the jurisdiction of the court, or by prosecutor of the ICC initiating investigation propio motu. This rise the important question about the effectiveness of the UN Security Council referrals in maintaining international criminal justice. Manifestly the issue is controversial. This study concluded by proposing the way forward in order to make sure the ICC serve its purposes of establishment accordingly.

Zenodo (CERN European Organization for Nuclear Research)
St. Augustine University of Tanzania (TZ)
Peace, Justice and strong institutions
Openalex Percentile: Top 32%
International Law and Human Rights
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