Compelling effects of the International Criminal Court on international relations: Analysis on the case of Al Bashir

The target of this study is to reveal the compelling effects of the International Criminal Court (I.C.C.), which emerged transnational in cases where the national judiciary, which was reshaped in the post-Cold War period, did not show sufficient effectiveness against certain crimes concerning all humanity by the analysis of Al Bashir case. The relationship between sovereignty and international organizations, the requirements of these organizations and the historical background of the I.C.C. as an international organization formed the theoretical basis of the study. The establishment, structure and status of the ICC as well as the impact of the pre-trial and trial and post-trial process on international relations with states were examined. The Question "Is the ICC a threat to the sovereign state, or is it a harbinger of a new transnational formation that will become even more effective in the future by forcing them to abide by a number of common boundaries while exercising their sovereignty?" is important. It was seen that "war crimes" were open to debate and the relationship between the Court (I.C.C.) and the United Nations Security Council should be regulated in terms of the definition and conditions of the offenses. The rejection by the international community of the United States' thesis that "the Court should be in close contact with the Security Council -which is only authorized international organization that has the power to enforce and maintain world peace-" would not be under the direction or control of the international community, even as a new actor that could subordinate all sovereign actors to one point. It is concluded that there is a need for time to reach this point.