The Inherent Deficiency in the International Criminal Justice system, particularly in investigating and Prosecuting international Crimes: The Principle of Cooperation of states as A Possible PANACEA

Abstract

This article is alive to the fact that some offences are so serious in nature and in most instances are committed by the most powerful individuals and States. That in view of the calibre of individuals and States who perpetrate these crimes, it becomes an onerous task for the international criminal justice system to oversee their investigation and prosecution. It is also evident that international law and international criminal law, is subject to consent, good faith among others for its implementation. This article therefore recognises the root causes of the deficiency of the international criminal justice system, particularly in investigating and prosecuting international crimes, with the principle of international cooperation of States as a possible panacea. This endeavour is carried out by analysing the international criminal justice system with special focus on the inherent deficiency in the system, particularly in investigating and prosecuting international crimes. The article highlights super omnia the role of the principle of cooperation of States in bringing to account perpetrators of international crimes and hence recommending how to mitigate some of the deficiencies of this system. The article obiter dictum also highlights inter alia other characteristics of international law and by extension international criminal law, which determines their efficacy or lack of it, for example, sovereignty of its subjects, composition of the United Nations Security Council with its permanent members and the extent to which they affect the efficiency of the international criminal justice system in investigating and prosecuting international crimes. Treaty provisions regulating international criminal law and justice system and the principle of cooperation of States are also referenced. The article also notes that the insulation by States of high-ranking government officials, heads of State and powerful individuals from the criminal jurisdiction, is an impediment to the operations of the international criminal justice system. However, the main thrust of this study remains the role of the principle of cooperation of States as a possible panacea to the inborn deficiency of the international criminal justice system in investigating and prosecuting international crimes by ensuring that international crimes do not go unpunished. Case laws and situations are cited in support of the hypothesis. In view of the findings of this article, some recommendations and conclusions are made to strengthen the operations of the international criminal justice system particularly in investigating and prosecuting international crimes.