Annual Survey of International & Comparative Law


This paper highlights some of the inherent bottlenecks in the exercise of ICC jurisdiction that may diminish the Court's ability to uphold the principle of individual criminal liability. In particular, this paper will analyze the principle of complementarity between the ICC and States Parties to the ICC Statute. Additionally, the legality of the so called Article 98 Immunity Agreement will be discussed. This paper without equivocation contends that the conclusion of Article 98 immunity agreement by ICC States Parties is a clear violation of their obligation to cooperate with the Court and to arrest and surrender suspects to the Court. Preceding the discussion on the bottlenecks in Court jurisdiction is a brief discussion of the provisions of the ICC Statute regarding individual criminal responsibility. In conclusion, this paper will argue that while the establishment of the ICC is one of the remarkable events of the twentieth century, the highlighted obstacles are capable of restricting the reach and effectiveness of the ICC as an institution designed to bring an end to the culture of impunity. Consequently, this paper advocates the elimination of said bottlenecks.