Part I introduces the Rome Statute and highlights the portions of the Rome Statute that leave the ICC vulnerable to member states that violate the Rome Statute without any clear punishment for the violation. In particular, Part I focuses on the expansive jurisdiction and the limited enforcement mechanisms that the Rome Statute bestows upon the ICC. Part II illustrates the ICC's vulnerability under the Rome Statute by using the example of the ICC's indictment of President Al Bashir and examining the existing tension between the ICC and the African Union ("AU"). Part III argues that the ICC must strengthen or expand its enforcement mechanisms in order to become a legitimate force in the international forum. It suggests three possible ways to reach this goal: suspension, expulsion, and implementation of United Nations ("UN") Security Council sanctions.
Gwen P. Barnes,
The International Criminal Court's Ineffective Enforcement Mechanisms: The Indictment of President Omar Al Bashir,
34 Fordham Int'l L.J. 1584
Available at: https://ir.lawnet.fordham.edu/ilj/vol34/iss6/4