Reconsidering the Meaning and Actuality of the Legitimacy of the International Criminal Court
Kyushu International University, Fukuoka, JP
Hitomi Takemura is an Associate Professor of International Law. She holds a Ph.D. from the Irish Centre of Human Rights, National University of Ireland, Galway (2008), an LL.M. from Leiden University, the Netherlands (2004) and a LL.M. from the Graduate School of Law of Hitotsubashi University (2003).
The Statute of the International Criminal Court (the ICC) was entered into force on 1 July 2002. After its ten years of the exercises of the jurisdiction, Academics have just begun to discuss its legitimacy and examine its efficiency and effectiveness. Prosecutorial discretion exercised by the ICC prosecutor is also measured in terms of legitimacy. Nonetheless, the legitimacy of this international organisation is far from self-evident. This article tries to sort out the existing arguments of the legitimacy of the ICC and analyses its current status by using the assessment of legitimacy. Finally the article deals with the question how to enhance the legitimacy of the ICC.