I think that the question of universal state participation of the ICC goes hand in hand in states' involvement in the United Nations. Even in the United States, many people do not see the legitimacy of the United Nations, and tend to defund it whenever going into power (i.e. US treatment of funding for UNESCO). I think that it needs to be established, but it need not be the ICC's main work-- I would argue that more states would recognize the ICC and its orders after it establishes some more legitimacy. The prosecution of cases through the ICC would show that the ICC serves an important function within the international community. With that, if the ICC could show that they could actually enforce its orders, there may be more voluntary universal state participation, rather than forcing it.
Dr. Helen Stacy
Professor of Law
Comment on the Universality Lecture Question: “Is universal state participation in the ICC system desirable and, if so, how could that be achieved?”
I think that the question of universal state participation of the ICC goes hand in hand in states' involvement in the United Nations. Even in the United States, many people do not see the legitimacy of the United Nations, and tend to defund it whenever going into power (i.e. US treatment of funding for UNESCO). I think that it needs to be established, but it need not be the ICC's main work-- I would argue that more states would recognize the ICC and its orders after it establishes some more legitimacy. The prosecution of cases through the ICC would show that the ICC serves an important function within the international community. With that, if the ICC could show that they could actually enforce its orders, there may be more voluntary universal state participation, rather than forcing it.