An analysis of limited jurisdiction of the ICC : ratione personae : with specific reference to the UNSC referrals : case studies : Libya and Sudan

Abstract

The jurisdictional power of the International Criminal Court over individual criminal accountability still remains weak and often ignored, especially in the context of African states. For this reason, I wanted to focus my attention on the limitations that the ICC faces in jurisdiction 'ratione personae', especially when dealing with the criminal accountability of high state officials in Libya and Sudan. Wondering who can legitimately define the obligation to cooperate in arresting and surrendering high state officials to the ICC, (especially in the case of non states parties), I try to analyze whether the jurisdictional power of the ICC can be and should be applied over the non member sates of the ICC. Consequently, I analyzed why national sovereignty and domestic judicial power still play such an important role in Libya and Sudan and what consequences this has for the power of the ICC and its legitimacy in the eyes of the international community.