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What challenges do non-state actors pose to the International Criminal Court ? 

Organised crime
Original jurisdiction
Multinational corporation
Diaspora
Diaspora politics
Best insight from top research papers

Non-state actors present multifaceted challenges to the International Criminal Court (ICC), complicating its mandate to uphold international criminal justice. The legal status and activities of non-state actors, such as multinational corporations, private military and security companies, and non-governmental organizations, introduce complexities due to their quasi-actor status in transnational organized crime, obscure financial flows, and vulnerability to corrupt practices, which can undermine the security of states and the effectiveness of international law. The Assembly of States Parties (ASP) to the Rome Statute plays a crucial role in the ICC's operations, but concerns have been raised about its potential to unduly influence the ICC's judicial and prosecutorial independence, highlighting the delicate balance between oversight and interference. Diaspora communities, as non-state actors, wield significant soft power, capable of influencing state policies and international relations, thereby challenging traditional theories of international relations and potentially complicating the ICC's engagement with states. Digital platform providers, another category of non-state actors, pose challenges in terms of their duties to preserve and report content relevant to the prosecution of international crimes, revealing gaps in legal mechanisms for ensuring their cooperation. The entrenched state-centric view in international law often overlooks the roles and responsibilities of non-state actors, despite their increasing involvement in areas traditionally reserved for states, such as human rights obligations and participation in armed conflicts. The ICC faces jurisdictional challenges when dealing with nationals of non-state parties, complicated by legal interpretations and political considerations, which can hinder its ability to prosecute individuals responsible for international crimes. Engaging with armed non-state actors (ANSAs) to ensure compliance with international humanitarian law remains a significant challenge due to factors like their fragmented structures and lack of centralized command. The involvement of states with non-state actors in armed conflicts raises questions about state responsibility for actions that violate international law, creating a loophole in the legal framework that states can exploit, thereby undermining the ICC's efforts to hold perpetrators accountable. Finally, the ad-hoc nature of international criminal law's development, influenced by domestic legal systems, introduces variability and potential due process concerns in the ICC's application of law, further complicating its dealings with non-state actors.

Answers from top 8 papers

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Papers (8)Insight
Book Chapter•DOI
Non-State Actors Engaging Non-State Actors: The Experience of Geneva Call in NIACs
Ezequiel Heffes
01 Jan 2020-Social Science Research Network
1 Citations
Not addressed in the paper.
Journal Article•DOI
An Examination of the Implication of the Jurisdiction of International Criminal Court Over Non-State Parties
Temitope Obasaju Stephen
01 May 2012-Social Science Research Network
1 Citations
Challenges non-state actors pose to the International Criminal Court include jurisdictional issues, Security Council deferral powers, and diplomatic immunity withdrawal debates, hindering effective prosecution.
Open access•Posted Content
Non-State Actors
Andrew Clapham
19 Dec 2016-Social Science Research Network
43 Citations
Non-state actors pose challenges to the International Criminal Court by necessitating adaptations in norms, institutions, and assumptions to address their human rights obligations effectively.
Open access•Journal Article•DOI
Non-State Actors in International Law: A Rejoinder to Professor Thirlway
Cedric Ryngaert
07 Apr 2017-Netherlands International Law Review
7 Citations
Non-state actors challenge the International Criminal Court by potentially requiring an expanded catalogue of international rights and obligations, impacting the state-centric nature of the current legal system.
Open access•Journal Article•DOI
International criminal law and the role of non-state actors in preserving open source evidence
Roisin Aine Costello
01 Dec 2018-Springer International Publishing
2 Citations
Non-state actors pose challenges to the International Criminal Court by having the unilateral power to delete crucial evidence, hindering international criminal prosecutions and the preservation of open source evidence.
Open access•Journal Article•DOI
Non-state actors as quasi-subjects of transnational organised crime: implications for the security of states
М. V. V.
17 Jun 2022
1 Citations
Non-state actors, due to their uncertain legal status and practices, may pose challenges to the International Criminal Court in combating transnational organized crime effectively.
Journal Article•DOI
Challenges to the Independence of the International Criminal Court from the Assembly of States Parties
Hannah Woolaver, Emma Palmer 
01 Sep 2017-Journal of International Criminal Justice
9 Citations
Non-state actors, like civil society, can moderate the Assembly of States Parties' influence on the ICC's independence through participation, sub judice respect, and an ultra vires doctrine.
Book Chapter•DOI
Diaspora as non-state actors in the international system
Oula Kadhum
04 Jun 2020
Not addressed in the paper.

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