The need and prospects for an international criminal court

The various forms and manifestations of international and transnational criminality require a comprehensive approach by the international community from which effective strategies of prevention, control, and suppression can follow. This thesis argues that the establishment of an ICC in the 1990s, especially due to the end of the Cold War and recent wars in the Persian Gulf and in Bosnia and Herzegovina, would provide an effective means of dealing with international and transnational criminality, and, without deflecting domestic concentration on law enforcement, would be a complementary and incremental effort, which would enhance overall criminal justice enforcement. This study analyzes past efforts to establish an ICC, discusses arguments for and against the creation of an ICC, and addresses several questions concerning the implementation of the court, including questions related to state sovereignty and jurisdictional bases for an ICC, crimes within the court's jurisdiction, applicable substantive and procedural law, and practical concerns relating to the court's structure, composition, and facilities. Although an ICC admittedly would not be a perfect solution to problems of international criminality, the thesis advances the view that it must not be approached with a negative attitude, but rather with a view towards making more effective the benefits such a court would provide