ASSIGNMENT 2
DUE DATE: 20 APRIL 2026
, IPC2601 Assignment 2 2026
QUESTION 1
The International Criminal Court's Contribution to the Enforcement of
International Law, its Enforcement Competencies, and Challenges
The International Criminal Court (ICC), established by the Rome Statute in 2002,
represents a revolutionary development in international law. Before the Nuremberg
Tribunals after World War II, criminal law was understood exclusively as a relationship
between a person and their government. The ICC fundamentally transformed this by
creating direct legal authority over individuals for the most serious international crimes.
As Hurd (2021:254) notes, the ICC "prosecutes individuals for war crimes, genocide,
and crimes against humanity when there is no domestic legal system capable of doing
so."
The ICC's Contribution to International Law Enforcement
The ICC makes three fundamental contributions to the enforcement of international law:
First, it institutionalises individual criminal responsibility. The Rome Statute establishes
that individuals, regardless of their official position, bear personal responsibility for
organising or participating in genocide, war crimes, and crimes against humanity. Article
27 of the Rome Statute explicitly declares that official capacity as a Head of State or
government official "shall in no case exempt a person from criminal responsibility" (Hurd
2021:272-273). This directly challenges the traditional state-centric model where only
states, not individuals, were subjects of international law.