Resources
Sunday, June 26, 2022
  • Login
Journalists for Justice
No Result
View All Result

Browse by Topic:

  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
No Result
View All Result
Journalists for Justice
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
No Result
View All Result
Journalists for Justice
No Result
View All Result
Home Commentary

Four crucial points for the future of the ICC

Journalists For JusticebyJournalists For Justice
March 14, 2018
in Commentary, ICC Cases, Opinion
Reading Time: 4 mins read
A A
0
Share on FacebookShare on Twitter

 After 20 years since the adoption of the Rome Statute, the President of the International Criminal Court spoke about the future of the system designed to deal with the worst crimes that shock the conscience of humanity, as reported by Thomas Verfuss

The International Criminal Court (ICC) in The Hague is gearing up to celebrate the 20th anniversary of the Rome Statute this year, the founding treaty of the first permanent international criminal jurisdiction to deal with the worst crimes that shock the conscience of humankind.

At a diplomatic conference in the Italian capital, 120 states voted for the proposed treaty text on July 17th, 1998. One of its first big successes was its fast entry into force on July 1st, 2002, after the ratifications of at least 60 states had come in much earlier than expected.

During the first 16 years of operations, the Court has been criticized a lot: not enough convictions, an appearance of bias because of an alleged focus on Africa (though it was mainly African states that asked the ICC for those investigations and prosecutions), inability to obtain state cooperation on important issues like the arrest of key suspects, lack of efficiency, and costs that (states say) are too high.

Former ICC President Silvia Fernández de Gurmendi sees four crucial points that will be important for the court’s future.

RelatedStories

Selective approach to TRRC recommendations a sure recipe for defeating justice

Gicheru witness tampering trial starts before the ICC

Trial Chamber VI to hear Said Abdel Kani case

Universality

The Court has to become “general, non-discriminatory and non-selective”.

Often the question is asked: Why all those Africans in the dock – and why not (for example) George Bush?

 “We need first to become universal,” Fernández says, which means that all countries in the world are parties to the Rome Statute.

Then the Prosecutor of the ICC would no longer be unable to pursue grave allegations of serious crimes because of the nationality of the alleged perpetrator. Fernández adds, “Now we have 123 states parties – 70 more to go.”

Adapt to new forms of criminality

“We come from a system to prosecute dictators,” Fernández explains.

‘Nuremberg’ was set up to prosecute former Nazi leaders. At the International Criminal Tribunal for the former Yugoslavia (ICTY), it was the trial of former president Slobodan Milosevic that was most in the spotlight of the media. In modern times, war crimes are often committed by non-state actors like ISIS.

Fernández points to the fact that all ICC convicts till now have been non-state actors, namely militia leaders. (Jean-Pierre Bemba has also been vice-president of the Democratic Republic of Congo, but he was convicted for crimes his militia committed in the Central African Republic, so as a militia leader and not as a former deputy head of state.)

Victims

The ICC “must give a central role to victims”, Fernández adds, although “victims participation and reparation does not make the work of the court easier”. Thousands of victims have participated so far in ICC proceedings. Fernández explains: “We are getting better at giving them rights and reaching out to them.”

The system: common versus civil law

The system of the ICC “must be hybrid”, that is one combining the two major legal systems of the world — common law (which originated in England) and civil law (from the European continent). That hybrid system is “is not always easy to understand and apply”. The ICC must develop “a more cohesive judicial culture”. To achieve that goal, the court must make a “proactive effort to integrate new judges with new ideas”.
In March, six (6) new judges stall start their tenure at the ICC, among whom two are Africans and five are women.

(Judge Fernández of Argentina spoke during an event of Leiden University in The Hague.)   

Previous Post

Witness Says Water, Food, Clothing Became Harder to Get for the LRA in 2003

Next Post

ICC appeals chamber upholds reparations order in Katanga case

Journalists For Justice

Journalists For Justice

Related Posts

Gambian Justice Minister Dawda Jallow released the Government White Paper on the Report of the Truth, Justice and Reparations Commision on May 25, 2022. Photo credit: Facebook

Selective approach to TRRC recommendations a sure recipe for defeating justice

June 2, 2022
Kenyan lawyer Paul Gicheru at the opening of his trial at the International Criminal Court on February 15, 2022. Photo credit: @ICC-CPI

Gicheru witness tampering trial starts before the ICC

February 16, 2022
Mr Said during the opening of the confirmation of charges hearing at the seat of the Court in The Hague (The Netherlands) on 12 October 2021 ©ICC-CPI

Trial Chamber VI to hear Said Abdel Kani case

December 20, 2021
Paul Gicheru appearing before the ICC via video-link from the ICC Detention Centre on 6 November 2020. Photo credit: ICC-CPI

Court turns down bid to introduce elusive witness’s testimony, but allows four other statements

December 17, 2021
Empty seats in one of the two big plenary halls (accessible only via limited badges and special tickets for NGO observers) on Day 2. (Credit: Shirleen Chin)

COP26 failed to deliver, so ICC and ICJ the next stop for seekers of climate justice

December 2, 2021
Special Criminal Court Arrests CAR Minister Bouba for War Crimes. Photo: News Central TV

Pressure mounts for CAR minister to face justice

December 2, 2021
Next Post

ICC appeals chamber upholds reparations order in Katanga case

0 0 votes
Article Rating
Subscribe
Login
Notify of
Please login to comment
0 Comments
Inline Feedbacks
View all comments
No Result
View All Result

Recent Posts

  • From Kyiv to Kabul and Darfur: Challenges of reporting justice and human rights
  • Gicheru to attend court session remotely
  • After euphoria of state white paper, victims now demand action on Jammeh
  • Right the Wrongs: Spotlight on the 2020 General Election in Tanzania
  • Selective approach to TRRC recommendations a sure recipe for defeating justice

Recent Comments

  • JFJ - Journalists for Justice on Kenyan lawyer denies bribery charges at the ICC
  • JFJ - Journalists for Justice on You did me wrong, Bemba tells ICC as he demands 70 million euros
  • JFJ - Journalists for Justice on Two victims’ lawyers in Kenyatta case in line to become next ICC prosecutor
  • JFJ - Journalists for Justice on Profiles of the four people shortlisted for the job of ICC Prosecutor
  • Write My Essay on Afghanistan case fails to take off at the ICC — pragmatism’ or surrender to the powerful?

Archives

Categories

JFJ – Journalists for Justice

We call out impunity wherever it occurs; we advocate justice for all victims of atrocity crimes; and we work with people of goodwill everywhere who share our values.

Browse by Topics:

Archives by Month:

Never Again
INTAHE
BarometreVerite
The Victims' Bantaba
No Result
View All Result
  • Confronting Impunity
  • Communities of Justice
  • Opinion
  • About US
  • Our Work
  • Login

Copyright © 2019. Journalists for Justice has asserted its right to be recognized as creators and owners of the content here. Reproduction in part or in whole is permitted on condition that JFJ is acknowledged and notified.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
wpDiscuz