Između ideala i prakse: legitimitet Međunarodnog krivičnog suda dvije decenije nakon stupanja na snagu Rimskog statuta
Between ideal and practice: the legitimacy of the International Criminal Court two decades after the entry into force of the Rome Statute

Summary/Abstract: With the entry into force of the Rome Statute in 2002, the cosmopolitan idea of a justice that transcends state borders acquired, for the first time, a permanent institutional form. More than two decades later, the practice of the International Criminal Court allows a considerably more precise assessment of that project than was possible at the time of its establishment. The paper argues that the gap between the proclaimed cosmopolitan ideal and the actual functioning of the Court is not primarily the result of an inconsistent application of the Rome Statute, but follows from the institutional model established by the Statute itself: a jurisdictional regime based on state consent, the powers of the United Nations Security Council under Articles 13 and 16, the principle of complementarity under Article 17, and the absence of the Court's own means of enforcement. The normative analysis is connected with the development of case law between 2010 and 2026, including the situations concerning Sudan, Ukraine, Palestine and the Philippines, as well as questions of the immunity of high state officials and the execution of arrest warrants. It concludes that the long-term legitimacy of the International Criminal Court depends less on its formal powers and more on its capacity to apply international criminal law consistently, impartially and independently of geopolitical interests.

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