ABSTRACT

This chapter examines the potential of the use of the capacity of the International Criminal Court (ICC) for addressing the humanitarian crisis, in light of legal and political realities. It examines the role that the ICC has taken regarding Islamic State in Iraq and the Levant (ISIL), considering the organization's capabilities and abilities. The Rome Statute of the ICC is the treaty, adopted at a diplomatic conference, attended by representatives from 161 states and from intergovernmental and non-governmental organizations, held in Rome in 1998 and entered into force on July 1, 2002. The Office of the Prosecutor (OTP) has responsibility for receiving and examining referrals and substantiating information on crimes that come within the Court's jurisdiction and for conducting the subsequent investigations and prosecutions. The chapter considers the actual abilities of the organization to deal with state- and human-security challenges.