Positions of the OIC Member States Regarding the International Criminal Court

Although the International Criminal Court (ICC) has been mostly hailed as a victory، Islamic states still regard its application of international criminal-law norms with skepticism. The Rome Statute instructs the Court to apply general principles of law derived from national laws of legal systems of the world including the national laws of states that would normally exercise jurisdiction over the crime but، so far، the Court has relied purely upon Western inspiration and may fail to acquire the legitimacy to establish a universal system. Among the legal systems that are unjustifiably neglected by the ICC is the Islamic legal tradition. This article tries to discuss the positions of the most important Islamic Countries versus the International Criminal Court (ICC). Islamic countries have adopted three different approaches towards the Court. First، some countries have accepted full membership of the Court. They are often small countries which have a colonial status in their recent history. Second، there are countries which have signed the Statute، but they have a very great hesitation for its ratification. They have deep concerns about violating national sovereignty، the probability of being manipulated by the big powers and non respect of Islamic Sharia regulations by the Court. Third group includes the Countries which have not signed the Statute.