Challenges facing the efficacy of International Criminal Law

Elizabeth Njoki

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Academic Paper from the year 2018 in the subject Politics - International Politics - Topic: Public International Law and Human Rig...

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Academic Paper from the year 2018 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 4, University of Nairobi, course: Bachelor of Laws, language: English, abstract: This paper is a critical analysis of how the game of world politics has jeopardized the efficacy of International Criminal Law (ICL). International Criminal Law exists within a political space. It's a ship in an ocean filled with storms of supremacy battles, power games, sovereignty conversations, self-interests and a lot more of political tides. This paper seeks to analyse how safely the ICL ship sails in the fierce waters. It seeks to see how the tides have affected the stability of the ship. Will the ICL vessel safely get to dock or is it faced with a risk of shipwreck?The article concludes that there is indeed a danger of the ship being overthrown by the fierce waters and gives a recommendation to rescue the ship by adopting a definition of state sovereignty to the effect that all are above the law but bound by the law. This will make the objective of International Criminal Law realizable and deliver it from the fate of ineffectualness.