Law Commons^™

The Clash Of Commitments At The International Criminal Court, Tom Ginsburg

Tom Ginsburg

This paper considers the International Criminal Court’s recent indictment of Sudanese President Omar al-Bashir in light of what it characterizes as a clash of commitments. Weak states sign on to the ICC to commit to prosecuting their opponents and so need relatively certain prosecution; the ICC has a similar interest in assuring that prosecutions go forward without regard to political considerations. Yet sometimes states and the international community need to make another form of commitment, namely a commitment not to prosecute. These competing imperatives cannot easily co-exist, and the indictment of al-Bashir brings them into direct conflict. The long delay …