The huge problems facing the ICC, and international criminal justice in general, encompass but are much broader than the question of geopolitical imbalance in the situations considered by the Court. To be assessed in an appropriated way, they must be settled in the wider framework of international criminal justice development. By analyzing the ICC from this perspective, two important concerns arise: first of all, the difficulty in reaching a universal and equal system of international criminal justice, until the Court is opposed by important countries and by States potentially or actually involved in the commission of serious crimes; secondly, the fact that the jurisdiction of the Court risks being totally inefficient as far as it does not meet an adequate cooperation by its member States, especially when it is prosecuting the highest political authorities of a country. The process of establishing a universal and effective system of international criminal justice is far from being accomplished.
Marco Pedrazzi, professor, International Law, Università degli Studi di Milano