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Volume 21
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September 2023

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THE ARAB WORLD AND THE INTERNATIONAL CRIMINAL COURT: WHO NEEDS THE OTHER MORE?

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Haykel Ben Mahfoudh
Haykel Ben Mahfoudh
Professor of Public International Law, Faculty of Legal, Political and Social
Sciences of Tunis, University of Carthage, Tunisia. [haykel.mahfoudh@gmail.com[
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Journal of International Criminal Justice, Volume 21, Issue 4, September 2023,
Pages 735–753, https://doi.org/10.1093/jicj/mqad052
Published:
29 December 2023

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   Haykel Ben Mahfoudh, The Arab World and the International Criminal Court: Who
   Needs the Other More?, Journal of International Criminal Justice, Volume 21,
   Issue 4, September 2023, Pages 735–753, https://doi.org/10.1093/jicj/mqad052
   
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ABSTRACT

This article discusses the main reasons behind the reluctance of most Arab
countries to ratify the Rome Statute and to cooperate with the International
Criminal Court (ICC). There are legal, political, and practical restraints, as
well as cultural barriers, to incorporating principles of individual criminal
responsibility for international crimes into the domestic laws of most Arab
countries. Moreover, many Arab states adopt a security-based approach to war
crimes and crimes against humanity, which are thus prosecuted mainly under
anti-terrorist laws, rather than a rule of law-based approach to holding those
most responsible for international crimes accountable. Further, when political
considerations are at stake, states’ commitment to address the most serious
crimes appears eroded, thus becoming inconsistent with the objective of the Rome
Statute of ending impunity for perpetrators of international crimes. It is
becoming ever more necessary for the ICC to gain recognition and acceptance in
the Arab world by garnering effective participation of those Arab states
undergoing major transitions, where international justice, arguably, is most
needed.

Issue Section:
Symposia > Arab Perspectives on International Criminal Justice

© The Author(s) (2023). Published by Oxford University Press. All rights
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