CHALLENGES OF INTERNATIONAL CRIMINAL MONITORING

Abstract

After nearly half a century of efforts by the United Nations and its member states, the International Criminal Court was established under the Rome Statute in 1998, and its statute came into force in July 2002. This marked a historic step in human history and was significant in the field of international criminal law. The drafters of the statute aimed to create a consensual system that would satisfy all countries, thereby enhancing the court’s effectiveness. However, the court has faced numerous obstacles and challenges in carrying out its functions, which have limited its effectiveness and hindered its operations. This has led some to question whether it will achieve the objectives for which it was established. Nevertheless, despite the positive aspects of this mechanism, there are many negatives that have obstructed its work and affected its efficacy. This study aims to clarify these issues, which is why we have divided it into two sections. The first section addresses the principle of national sovereignty, while the second section discusses diplomatic immunity. The study concluded that the international legal system lacks a compulsory enforcement mechanism.