A Global Justice System Undermined: State Defiance and the ICC’s Waning Influence

Over the decades, attempts were made to address atrocities and war crimes being committed by states. These crimes often entail serious offenses such as mass murder and rape, or mass persecution of particular groups. For instance, separate international tribunals were set up to deal with the Yugoslavia and Rwandan genocides. However, these lacked a permanent stature and global scope. It was to address this gap, enforce a global system of criminal justice, and instil accountability among nations, that the ICC was established by the adoption of the Rome Statute. Interestingly, Germany is a ratified member of this Statute. It also played an essential role in negotiations that led to the adoption of the Statute and has been an ardent supporter of the Court. This indicates that Berlin is bound by international law to execute any arrest warrants issued by the Court. Notably, Merz’s statements indicate a shift away from this obligation.

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