The International Criminal Court and the Control of State Crime: Problems and Prospects

Christopher W. Mullins, Southwest Illinois College
David Kauzlarich, Southern Illinois University-Edwardsville
Dawn Brookshire, Southern Illinois University-Edwardsville

The recently established International Criminal Court (ICC) has been touted as a major breakthrough in the potential control of genocide, terrorism, and war crimes. While a promising development, we find several problems with the design and proposed implementation of the ICC, especially when viewed through the corpus of criminological work on the causes and control of state crime. After a review of the basic structure and function of the Court, we critique procedural, conceptual, and practical elements of the ICC through the lens of state crime theory and research. We show howthe Court is but a small step forward in the control of crimes by states and state leaders because of its limited scope, myopic conception of crime, jurisdictional anomie, and minimal compulsory power.

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Updated 05/20/2006