Challenges of the International Criminal Court to End Impunity; The Case of Daesh

Following the centuries-old efforts of the international community, strongly influenced by the events of the twentieth century in violation of fundamental human rights, in 1998, during a meeting in Rome to punish violators of international criminal law principle of non-impunity International Criminal Court was formed. The failure of the International Criminal Court for crimes of Daesh, despite the international community's principle and the goal of a peaceful coexistence, has been seriously challenged. Experts have raised that barriers to prosecute and punish perpetrators of international crimes, in accordance with the Statute of the International Criminal Court, are often classified in two groups of theoretical obstacles and obstacles caused by defects in the Articles of Association. But the international community in the twentieth century, century of international organizations, faced with significant improvements in the formulation of social relations through the adoption of numerous conventions in order to achieve criminal justice. The Convention against Corruption (Merida 2003) is in this category. But after developing the system of social relations guarantor of international institutions is still in the development stages. The results showed that another obstacle is eradicating impunity as special is political corruption in terms of deviant behavior by officials and their official duties. However, immunity from prosecution and punishment of leaders and members of Daesh, is attributed to the structural weakness of International Criminal Court. The fragility of the restoration of the structure before finally getting it to the League of Nations appears necessary.