It also seems a poor process to pass judgement on an organization on the basis of some imaginary association with the UN, and to say its ineffective or weak, when it has only just begun operation. The court only began prosecutions in 2006, and state investigations in 2008. Its immediate tribunal predecessors, the tribunal into the war criminals of the former yugoslavia and the criminals of Rwnada, have tried and convicted a number of people, but these were temporary tribunals with limited jurisdictions. The ICC was set up for criminals unable to be tried by states jurisdictions for specific crimes.
According to the ICC website, the following progress has been made with respect to the cases on its books:
"Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral from any State Party or from the United Nations Security Council. In addition, the Prosecutor can initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court received from individuals or organisations ("communications").
To date, three States Parties to the Rome Statute – Uganda, the Democratic Republic of the Congo and the Central African Republic – have referred situations occurring on their territories to the Court. In addition, the Security Council has referred the situation in Darfur, Sudan – a non‐State Party. After a thorough analysis of available information, the Prosecutor has opened and is conducting investigations in all of the above-mentioned situations.
On 31 March 2010, Pre-Trial Chamber II granted the Prosecution authorisation to open an investigation proprio motu in the situation of Kenya.
In the situation in Uganda, the case The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen is currently being heard before Pre-Trial Chamber II. In this case, five warrants of arrest have been issued against [the] five top members of the Lords Resistance Army (LRA).
Following the confirmation of the death of Mr Lukwiya, the proceedings against him have been terminated. The four remaining suspects are still at large.
In the situation in the Democratic Republic of the Congo, four cases are being heard before the relevant Chambers: The Prosecutor v. Thomas Lubanga Dyilo; The Prosecutor v. Bosco Ntaganda; The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui and The Prosecutor v. Callixte Mbarushimana.
Two cases are at the pre-trial stage. The proceedings against Thomas Lubanga Dyilo as well as Katanga and Ngudjolo Chui are at the trial stage.
The accused Thomas Lubanga Dyilo, Germain Katanga, Mathieu Ngudjolo Chui, and Callixte Mbarushimana are currently in the custody of the ICC. The suspect Bosco Ntaganda remains at large.
In the situation in Darfur, Sudan, four cases are being heard before Pre-Trial Chamber I: The Prosecutor v. Ahmad Muhammad Harun ("Ahmad Harun") and Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb"); The Prosecutor v. Omar Hassan Ahmad Al Bashir; The Prosecutor v. Bahar Idriss Abu Garda and The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus
The suspect Bahr Idriss Abu Garda appeared voluntarily for the first time before Pre-Trial Chamber I on 18 May 2009. He is not in custody. The three other suspects remain at large.
In the situation in the Central African Republic, the case The Prosecutor v. Jean-Pierre Bemba Gombo is at the trial stage.
On 6 November, 2009, the Presidency of the International Criminal Court (ICC) issued a decision assigning the situation in the Republic of Kenya to Pre-Trial Chamber II. Pre-Trial Chamber II granted the Prosecutor, on 31 March 2010, authorisation to open an investigation in the situation of Kenya.
On 8 March 2011, Pre-Trial Chamber II, by Majority, issued its decisions on the applications submitted by the Prosecutor to summon William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang , as well as Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali to appear before the Court on 7 April 2011.
On 26 February, the United Nations Security Council decided unanimously to refer the situation in Libyan Arab Jamahiriya since 15 February 2011 to the ICC Prosecutor. On 3 March 2011 the ICC Prosecutor announced his decision to the open an investigation in the situation in Libya, which is assigned by the Presidency to Pre-Trial Chamber I"
The individuals being indicted are not your average domestic criminal. The trials are ongoing, so it would be valid to say the processes of justice are slow moving, but to say that it is inneffective because it does not prosecute people is clearly spreading misinformation. To date only one person has been acquitted, and the proceedings against another discontinued because he died. A number of these individuals are being held in custody....effectively gaoled....whilst their trials are completed. The firsat trial scheduled for completion is the trtrial against Mr Kony, due in mid August of this year.
And where is the US in all of this. After signing the MOU to the treaty formation, which has the legal effect of making them observe the spirit of the treaty charter and not undertake activities that might be considered contrary to its intent, the US decided this was not for them, and withdrew even that tentative signature. They were joined, understandably, by Israel and remain the only two nations which I would classify as "progressive" as not having at least signed the treaty. Nearly all the other progressive western nations have both signed and ratified the treaty, even Russia has signed it at least. By rejecting the treaty in its entirety, the US and Israel are rubbing shoulders with such luminary nations as North Korea, Egypt, Yemen, China, India, Saudi Arabia, Libya and Syria. These other nations dont want to sign I think because they dont want to be investigated, and dont want any of their "states persons" tried under international law. One should draw ones own conclusions as to why the US has rejected this fledgling attampt at ongoing legal enforcement. It may have something to do with who is running it. I'll give you a hint.....Its a continent starting with "E" and ending with "e"