Is the establishment of the International Anti-Corruption Court a global answer to the global challenge of corruption?

Abstract

Impunity and the transnational nature of grand corruption have wide-ranging effects: it leads to significant economic losses, weakens the legitimacy of democratic institutions and undermines the enjoyment of human rights. Establishing accountability is often difficult in countries ruled by kleptocrats who control the administrative and justice system seek to forestall any free and independent investigations for their wrongdoings, thus fueling a never-ending vicious cycle of a de facto impunity. In light of such devastating consequences, several initiatives have been taken at an international, regional and national level in order to curb corruption. This thesis argues that grand corruption can be effectively addressed through the establishment of an International Anti-Corruption Court. While being certainly an ambitious proposal, only an independent international institution would pressure countries into prosecuting and holding powerful political leaders accountable. However, there are obstacles to the creation of the IACC, such as the voluntarily acceptance on the part of States of the IACC’s, or issues concerning the cost-effectiveness of the project. A number of approaches to combating corruption are underway and others have been proposed. This thesis seeks to show the potential of the IACC and how some criticism could be addressed.