The first conviction at the International Criminal Court (ICC) in the tenth year of its functioning is a good time to take stock of how well an institution that was designed to counter war crimes and crimes against humanity around the world has performed so far. The guilty verdict on the Democratic Republic of Congo rebel warlord, Thomas Lubanga, for conscripting children under 15 is a welcome sign that individuals can be brought to justice for grave violations of human rights even if “their” governments lack the will or capacity to prosecute them. The ICC has a mandate to probe atrocities and prosecute individuals up and down the official chain of command in over 100 countries where its writ runs. Despite its virtually global mandate, however, all prosecution cases in its 10-year history come from Africa: Uganda, the DRC, Sudan, the Central African Republic, Kenya, Libya and Côte d'Ivoire. The silence of the court on major crimes committed elsewhere on the territory of state-parties needs some explaining. Is it because only Africans are committing the sort of offences covered by the court? Or is it because other state-parties are more diligent and effective in effecting national prosecutions?
The fact is that the ICC's reticence to consider crimes committed elsewhere are partly legal-procedural but mostly political. The ICC has jurisdiction over crimes committed on the territory of a state that accepts its jurisdiction, by the citizens of a state which accepts its jurisdiction regardless of where the crimes are committed, or in a situation referred to it by the U.N. Security Council. The United States is not a member of the ICC but its citizens can be prosecuted if they commit grave crimes on the territory of a state-party. Like Afghanistan, for example, or the various European countries from which individuals were “rendered” and tortured. Despite the American failure to properly investigate and punish CIA officials and soldiers suspected of crimes against humanity in such situations, the ICC has never seriously considered exercising its jurisdiction. In January 2009, after having suffered heavy Israeli bombing in civilian areas in Gaza, the Palestinian National Authority lodged a declaration with the ICC under a provision of the court's statute allowing states voluntarily to accept its jurisdiction. Despite hundreds of civilian deaths and a U.N. report which spoke of Israeli war crimes, the ICC prosecutor has yet to make up his mind on the matter. And it's already been three years. Such wilful disregard of its mandate only ends up undermining the credibility of a court that is potentially one of the noblest products of international law in modern times.
Keywords: International Criminal Court, Democratic Republic of Congo, Thomas Lubanga, UN Security Council
I personally find ICC to be a puppet of the big guns like the U.S.A. whose leaders and army personell who have committed atrocities in the name of war walk scot free. I am Kenyan and i find it rather ridiculous that the ICC is indicting a few leaders hiding under the shadows of politics postured by the British and Americans. The ICC prosecutor should come clean on the issue of his decisions to indict a few and turn a blind eye to the many.
The editor has rightly questioned the rationality of the International
Criminal Court (ICC) in booking the leaders of African Nations under
the various war crimes and violations of human rights but they are not
taking any action against such crimes committed by USA and NATO allies
in Libiya, Iran, Afghanistan and many more. There is lack or
transparency and dedication to the cause of humanity and a more
rationalization of process is needed.
In most of the economic forums like World Bank, G-20 and others the
Americana and European countries try to impose their decisions on the
developing and underdeveloped countries. There is a big gap in the
power balance of the worlds and the so called world bodies like UN is
not performing the desired task and there is need for united efforts
on the behalf of the developing and underdeveloped countries. BRICS is
a good example how developing countries can make alliance for greater
economic cooperation and regional stability. The world is multi-polar
It has always been a law of nature that the weak has to face the
penalties in a much severe manner than faced by any mighty one for the
same act.
Same is the case here, africans evildoers are punished for any human
right violations but not the americans for the same.
Most of the international institutions of political importance which
have the heavy responsibility of maintaining peace and order in the
world have now become the puppets of america.
Now the countries like india and china should raise voice against this
violation of laws made by world institutions.
It was great reading this article but as I went on reading I found that
huge amount of atrocities are on top. You can assert that You have
accomplished so many things in your life but as long as you are
barbarous and have no compassion for others you can't interpret the
virtual meaning of humanity. Therefore I would like to add just a single
sentence on this score saying that We instantly need to focus at working
in the right direction so as to do justice to everyone suffering from
maladministration globally.
Dear Editor of THE HINDU.
Anyone can appreciate the rules of grammar when writing that you so
nicely listed below. However,just as you would not tolerate
censorship on your paper, please don't censor readers comments in
the interest of balanced reporting and different points of view.
The absence of alternative points of view, especially regarding
national criticism and the absence of satire, spanks of jingoism,
and has turned your paper into a tabloid. No offense.
We like to point finger at others and hate to look into the mirror
at our own behaviour. The Sikh riots of 1984, destruction of the
Babri Masjid that was triggered by vitriolic rhetoric against the
Muslims in India, and the Gujarat riots are in no way different
from the ideologue speeches that precipitated the killing of 6
million Jews during the second world war. India does not prosecute
politicians (or powerful criminals) and the Supreme Court of India
has no backbone to enforce the law. In the absence of Justice
within the Judicial system of India, for these riot victims, India
should hand these criminal-politicians to an International
tribunal or the ICC? These politicians who head the BJP, VHP, RSS
and even the Congress, that lit the fuse of the communal bomb that
killed thousands but did nothing to stop should be accountable
just like African leaders and others from the former Serbian
republic. Where does the Hindu stand on balanced reporting?
In fact ICC is misnomer for the court, solely because it lacks international character. Its prejudice toward America is obvious. The CIA has a legacy of notoriety. Leving it scotfree is preposterous. You have shown journalistic vim and courage to bring to focus the dark side of ICC.
Well written editorial. The international bodies really do not have teeth to tackle the crimes committed by the rich and powerful states. Imperialism is imposed in the world by these countries in the name of open economy, promotion of democracy, Counter terrorism activities etc. Do the people of world really have a chance to have equality???
Really I am hearing 1st time of ICC (International Criminal Court ) other than ICC (International Cricket Council).
Thank you Hindu for at least getting some knowledge about the International Criminal Court. I hope it will take some measures which really counts over.
Will the former president of USA,George Bush, a couple of Israeli prime ministers be brought to book? No, because here also might is right.
Bilateral trade between India and Pakistan would be successful only if these two neighbourly nations resolve all the outstanding disputes. There have been many trade agreements since 1947 between these two countries but such economic relations can be strengthened further by maintaining peaceful political relationships. As long as political lethargy persists the economic development of these two nations might progress at a snail's pace.
Let us not forget the war crimes in Bangladesh. With millions killed, raped and mutilated, it remains one of the greatest genocides of the 20th century. Given the short period during which the genocide occurred, it was perhaps the most intense period of killing in human history. Not one of the army officers responsible for these atrocities was ever punished. The famous "butcher" of Bangladesh, Tikka Khan continued to serve in the Pakistani army and retired honorably. The history books in Pakistan have completely obliterated those crimes and Indian text books have hardly done any better. Only now are the people of Bangladesh starting to come to terms. Sadly, many Bangladeshis who participated in the genocide continue to play an active role in national politics there. If there is to be long term peace in South Asia, the crimes of the past must be accounted for.
Though its a welcome suggestion by the author to act wihout bias against all countries accepting the jurisdication of the ICC, but is it possible in the real world?Well hypothetically, the ICC should act with the same force against all transgressors but it never will.Big guns like the USA which has been involved in ghastly acts of barbarianism, war crimes,bombing civilians and meddling with the internal affairs of sovereign nations will continue to scot free without any prosecution or indictment.So,is the ICC really a bastion of justice or another farcial institution like the UN ,controlled by the US under the guise that its an independent body.The questions remains wide and open.
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