Make a Summary and critical commentary on the: affirmation, determination and recollection clauses in the PREAMBLE to the statute:
The States Parties to this Statute,
Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,
Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,
Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,
Summary:
The preamble to the statute affirms that the most serious crimes that affect the international community should not go unpunished and that measures should be taken at both the national and international levels to ensure prosecution for these crimes. The States Parties are determined to end impunity for perpetrators of these crimes in order to prevent them from occurring in the future. Additionally, the preamble emphasizes that it is the responsibility of every State to hold those responsible for international crimes accountable through their criminal jurisdiction.
Critical Commentary:
The affirmation, determination, and recollection clauses in the preamble to the statute highlight the commitment of the States Parties to holding perpetrators of serious crimes accountable. By acknowledging the importance of prosecuting these crimes and preventing impunity, the preamble sets a strong foundation for the rest of the statute. However, the effectiveness of these clauses depends on the willingness of States to cooperate and implement measures at both the national and international level. Furthermore, the preamble's emphasis on State responsibility raises questions about the potential challenges in enforcing criminal jurisdiction over international crimes, particularly in cases where States may be unwilling or unable to take action. Despite these challenges, the inclusion of these clauses in the preamble demonstrates a collective commitment to promoting accountability and preventing future atrocities on a global scale.