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

Over the past two decades, crimes committed by nation states has received strong theoretical and empirical attention from critical criminologists. Much of this work has highlighted the lack of internal and external mechanisms to control such injurious behavior. Potentially, this has now changed. In the summer of 1998, delegates from nearly 140 countries created the Rome Statute establishing the International Criminal Court (ICC). Entering into force in the summer of 2002, the ICC has unprecedented international jurisdiction over the crimes of genocide, war, aggression, and those against humanity. This paper provides a brief history of international law and attempts to develop an ICC. It then examines the functioning and structure of the ICC as established in the Rome Statute. We then proceed to analyze the potential which the ICC posses to control state criminality. Our analysis concludes with discussions of how the ICC might be modified to better act as a deterrent to such offending.