Delayed Justice: The International Criminal Court and Pre-Trial Stagnation

Since the International Criminal Court (ICC) opened in 2002, only ten of the twenty-seven cases have resulted in trial. This thesis examines why some cases progress to the trial stage, and others remain in pre-trial or are dropped. Through quantitative analysis, I examine the impact of external influences, target state cooperation, and societal support for victims and witnesses on trial progression. Findings show neighbor state commitment to human rights, commitment to the Court expressed by ratification of the Agreement on the Privileges and Immunities of the ICC, status of the defendant as an enemy to target state regime, and self-referral by the target state are significant indicators of trial outcome. Ultimately, self-referral of situations to the ICC predicts if a case will move to trial. Self-referred situations indicate state cooperation and thus illustrate the necessary components to a productive investigation and pre-trial stage. While referral is the strongest predictor of trial outcome, the relationship of neighbor states to human rights, ratification of agreements to strengthen the Court’s jurisdiction, and the relationship of the defendant to the regime, contribute to the narrative of cases and are also significant indicators of trial outcome. This study emphasizes the impact target state cooperation on the Court’s ability to prosecute alleged perpetrators of atrocity crimes. The results suggest the Court’s success likely depends on state cooperation in the process of justice to achieve the goals outlined in its mandate to seek justice for the past and create a more peaceful future.Bachelor of Art