ABSTRACT
This chapter discusses the limitations on the capacity of the ICC and its dependence on the United Nation Security Council for reaching the mass atrocity crimes in Syria, which is not party to the Rome Treaty. This chapter addresses these issues by briefly exploring the formal responsibilities of the International Criminal Court (ICC) regarding R2P principles. There is a discussion of the existing capabilities for implementation of R2P, which is followed by a summation of the actual abilities to address R2P challenges and a focused view towards addressing the situation in Syria. If a purpose for the establishment of the ICC is deterrence of perpetrators of mass atrocity crimes, this is undermined by reliance of the ICC on States to enforce its arrest warrants and to protect witnesses and evidence. The Rome Statute recognizes the need of public hearings, but provides discretion to limit public sessions to protect witnesses, victims, or confidential or sensitive evidence.
