The Ability and Function of Regionalism in the International Criminal Court in Combating Impunity for International Crimes

Abstract

Regionalism in the International Criminal Court refers to an approach whereby the Court, through close cooperation and participation with regional states and regional organizations, seeks to address international crimes. Considering the globalization of criminal law, this approach can contribute to enhancing the efficiency, legitimacy, and effectiveness of the Court in combating impunity for crimes. The subject in question has not been sufficiently discussed, which makes its explanation and analysis necessary. Accordingly, the purpose of the present article is to examine the important question of what abilities and functions of regionalism the International Criminal Court possesses in combating impunity for international crimes. This article is descriptive–analytical in nature and has applied a library-based method in addressing the issue. The findings indicate that when the exercise of direct criminal jurisdiction is not feasible, the exercise of quasi-judicial jurisdiction appears to be an appropriate solution. This jurisdictional expansion of the international court into the domain of international criminal law, historically, was also raised at the time of the establishment of the Permanent Court of International Justice, and it was proposed through a draft that the Court should also have jurisdiction over criminal matters. Moreover, the International Law Association submitted a statute for an international criminal court as part of the Permanent Court of International Justice. Nevertheless, this does not mean that other regional institutions may not follow alternative models.