Challenges and Difficulties Facing International Criminal Law and Ways to Address Them

Abstract

Despite the relatively recent emergence of international criminal law in 1945, and the fact that it is still in its early stages of development, it faces numerous challenges that have intensified and become more complex in recent times, increasing day by day. As the international community continues to grow and evolve and as its activities expand, these difficulties likewise increase. It is not an easy task to lead and coordinate even a single state or a specific region, let alone the entire international community. Carrying out such tasks across multiple territories and among thousands of people is by no means simple, which has heightened the need to formulate international criminal legislation capable of addressing crimes and resolving disputes of an international nature, provided that such mechanisms remain neutral.

It is worth noting that the provisions of international law are often, in many cases, incompatible with state sovereignty, particularly in light of the evident and dangerous politicization practiced by major powers that seek to evade the application of international criminal law—despite having played a fundamental role in its formulation—so that it becomes a law applied to hold certain parties accountable while excluding others. This contradicts the fundamental assumption that international criminal law should apply equally to all offenders, whether victors or defeated parties.

Accordingly, the international community has developed an urgent need to pursue and prosecute all those who violate the rules of international criminal law. This necessity arises from the complexity and disparity in relations among states, the expansion of geographical scope, and the evolution of international crime accompanying technological advancement and modern means of communication. Confronting these challenges requires a collective international response through the activation of international cooperation, coordination of efforts, and their integration, in order to stand against the excessive ambitions of anyone—whether leaders or subordinates—who might endanger international peace and security, thereby ensuring the effective and efficient achievement of justice