ACCOUNTABILITY FOR WAR CRIMES AND THE QUESTION OF IMMUNITY UNDER INTERNATIONAL CRIMINAL LAW

Abstract

Perpetrators of war crimes consist of officials of States and non-State actors. Legal instruments on international criminal law prohibit war crimes and place obligations on State Parties to ensure accountability of perpetrators. Notwithstanding these demands, immunity enjoyed by some State officials who perpetrate war crimes, remain the impediment to the enforcement of these laws on accountability of such perpetrators. This article examined war crimes and the extent at which immunity remains as impediments to accountability of perpetrators under International Criminal Law. Using the doctrinal methodology, the paper found that: acts that constitute war crimes cuts across all the four recognised international crimes; State Parties have the obligations of ensuring that perpetrators of war crimes are held accountable and; immunity operate as impediments for holding some perpetrators of war crimes accountable. The study recommends: encouragement of States to adopt implementing legislation in their national laws to give effect to Rome Statute and discard immunity from prosecution of officials of States for war crimes; increased cooperation of State Parties with the ICC and other States on accountability of perpetrators of war crimes with immunity; and encouragement of members of the International Community to strengthen the ICC and not to weaken it.