Selectivity in the prosecution of war crimes

Document Type : Original Article

Author

LLM graduate, The University of Law, London, The United Kingdom

Abstract

The issue of selectivity is deeply rooted in International criminal law, and in particular in the prosecutions of war crimes. upon taking a glimpse at the history of war crimes prosecution, it is apparent that this selectivity is not a newly emerging issue. The establishment of the International Criminal Court (ICC) was to put an end to impunity, however, some claim that the ICC is losing its public confidence with the arising claims of double standards and selectivity especially by the African Union (AU) due to the recent tensions between the ICC and the AU. The reasons for such selectivity include the interplay between law and realpolitik especially under the United Nations Security Council, the funding and influence of some states on the establishment of the court, some state practices, and at last, the influence of the peace vs justice dilemma which is characterized as a short-term solution that ignores the concepts of retribution and closure to victims of war crimes. The study stresses the need to put an end to such selectivity that leads to impunity and explores the role that the United Nations General Assembly and Mass media could have as catalysts to ensuring peace and accountability. The study is library-based and thus done through extensive research in academic articles, books, and treaties (for example Rome statute – Geneva conventions of 1949 – International military tribunal charter – United Nations charter).

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International Journal of Doctrine, Judiciary and Legislation
Volume 4, Issue 1
Issue 1, 2023
February 2023
Pages 361-395

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