The role and the functionality of the International Criminal Court in maintaining international justice

Human rights violations throughout history led to the grave sufferings including the death and the injury of many people. Those tragedies caused by the violations left deep marks on international community. The idea of prosecuting those who have committed the violations has been challenged various times in the past. The establisment of an international tribunal that would prosecute the perpetrators of international crimes can only be established in the beginning of the XXI. century. In 1998, a conference was held in Rome to establish the International Criminal Court (ICC). After the long debates, the Statute of Rome was adopted, with 120 states voting in favor at the last day of the conference. The ICC was established with the Statute which has been authorized to prosecute the most serious crimes that concern the international community as a whole, including war crimes, genocide, crimes of aggression and crimes against humanity. In the Preamble of the Statute, it is stated that the ICC should establish an eternal trust in this direction by ensuring international justice. Ending the conflicts by providing deterrence in the international arena and prosecuting and punishing the perpetrators of the most serious crimes that concern the international community are among the main objectives of the Court, but also among the expectations of the international community from the Court. Assessing the practices of the ICC, it becomes clear that its current circumstance does not reflect the founding objectives. The Court has limited itself to the African continent and directed more than half of its investigations to African countries. In the face of this situation, African countries, African political leaders and non-governmental organizations such as the African Union reacted very harshly and opened the legitimacy of the Court to discussion. In this study, whether the ICC, which is expected to provide international justice by prosecuting international criminals, can fulfill this function and whether it contributes to the establishment of an international justice system based on the rule of law is examined in the context of the Court's activities. Keywords: International Criminal Court, Africa, International crimes, Rome Statute, African Union.