An Essay on How the International Criminal Court and National Courts Work Hand-

in-Hand to Create an International Community that is Made-up of Crime-Free

Member-States Through the Imposition of Penalties
By: Daryl Elsbeth Lorraine F. Noche

The International Criminal Court was created to prosecute crimes of international

concern perpetuated by individuals rather than States. Since its creation, it has received its
own share of criticisms for some perceived shortcomings and misunderstandings.
Regardless of which, the mere existence of the Court has a positively huge impact on the
peace and stability of its State Parties. The efficaciousness of the Court is further amplified
by its ability to impose penalties. Since its creation, it has served both as a complement to
and as a magnified version of the domestic courts of State Parties in doling out justice to
both the victims and perpetrators.

The domestic courts can be seen as a microcosm of the arena that the International
Criminal Court works in. Domestic courts are responsible in upholding the rule of law and in
enforcing the same effectively with the aid of meting out penalties to transgressors. The
Court is also able to do the same with regard to international criminal laws with their power
to penalize perpetrators of such crimes. These penalties are seen to serve several purposes
to the society, in the domestic and international arenas.

The most important purpose that criminal laws are penal in nature is to serve justice.
Victims turn to courts to vindicate the wrong done to them. The International Criminal Court
was created under the premise that there is a necessity to punish perpetrators of crimes of
international concern to vindicate the victims. The vindication may not be enough to heal
the wounds created, but it is a start.

The enforcement of penal laws also has an exemplary role. When penalties are
imposed on criminals, it makes them an example to the public. There is hope that these
criminals who are punished are made as an example for those who are committing crimes
to stop their criminal ways now. Criminals may think that they are more powerful than their
domestic courts, but they should be made aware that they are not above international laws.
The existence of the International Criminal Court serves that purpose. It is a concrete and
permanent reminder that the scales of justice await them.

Tied with the exemplary purpose of penalties is its capability to prevent crime. Just
as States have the right to exist without the interference of crimes, the international
community shares the same right. The guarantee of being penalized is anticipated to be
enough to deter those who plot to commit crimes from taking overt action. Surely, even the
cruelest individual worries about getting caught and subsequently being punished. Criminal
Courts, including domestic courts and the International Criminal Court, stand as a beacon
against impunity.

Also attached to the right to exist is the right to defend itself. Lawlessness is a
hindrance to the survival of States and the international community as a whole. The
existence of domestic courts and the establishment of the International Criminal Court is the
last line of defense against crime. Resorting to the power of the courts may be significant of
the fact that the crime was already consummated, but it acts as a defense against future
atrocities.

Penalties are also theorized to be just and proper because of its reformative effect.
Though there are criminals who are already beyond the grasp of reformation, there is still
an optimistic hope that being penalized will reform most if not all. The International Criminal
Court stays away from imposing capital punishment, regardless of the graveness of the
crime. This is to allow the adjudged to reform, or at least reflect about his wrongdoings,
during his imprisonment. Imprisonment may be seen by the victims as an insufficient
penalty in contrast to what they have suffered under the hands of the criminal, but to be
reminded that one has committed wrongdoings on a daily basis is one of the worst ways to
spend your life and more so if the criminal is meted with lifetime imprisonment.

On the point of overlapping jurisdictions, the International Criminal Court is a mere

complement to jurisdiction of national courts. The Court does not assert nor purport itself to
be the most superior of criminal courts. It is expressly mandated by the Rome Statute to
step in only when the domestic courts will not or could not act on the crimes that are within
its jurisdiction. These crimes that the Court has jurisdiction over are limited to the crime of
genocide, crimes against humanity, war crimes and the crime of aggression. The
International Criminal Court will not stand to allow domestic courts to be allies of violence
and crime through their inaction. The Court will not even exercise its jurisdiction over a
crime within its jurisdiction if the domestic court of the State Party is already investigating
or prosecuting said commission of crime. In a way, it does not step on the toes of domestic
courts but it ensures that their duties in maintaining justice and peace are not abandoned.

In the end, the International Criminal Court may be one of the few entities that will
more than welcome the day that the World no longer needs it. The Court was created out of
necessity. The day that the existence of the Court is already deemed unnecessary is when
crime no longer ravages States and individuals. One can say that the abolition of the Court
for those reasons will be its own ultimate success.