Tag: International Criminal Court

In the ICC’s Interest: Between ‘Pragmatism’ and ‘Idealism’?

The International Criminal Court in The Hague
The International Criminal Court in The Hague, courtesy of Vincent van Zeijst/Wikimedia Commons.

It is a regular occurrence to hear how the International Criminal Court (ICC) serves the interests of particular actors, be it warring governments, rebel groups, or members of the international community more broadly. Rarely, however, have scholars and observers considered how the ICC’s decision-making is shaped by the ICC’s own ‘institutional self-interest’.

At the heart of criticisms that the ICC is ‘political’ is the view that the Court is inherently and inevitably selective. This critique is deployed both within and between situations. In cases such as Uganda, Cote d’Ivoire and Libya, it is argued that the ICC has erred in targeting only one side of the conflict. Alternatively, it is argued that the Court focuses myopically on the weakest states in the international community (see the ICC-Africa debate), leaving situations where major power interests collide (e.g. Iraq, Syria and Afghanistan) beyond the reach of international justice.

Continue reading “In the ICC’s Interest: Between ‘Pragmatism’ and ‘Idealism’?”

AU-ICC Relations Under the Spotlight Again

African Union headquarters, Addis Ababa. Photo: Satu Ryynänen.
African Union headquarters, Addis Ababa. Photo: Satu Ryynänen/Global.finland.fi/flickr.

African solidarity and autonomy were in the spotlight in May when the African Union (AU) celebrated the 50th anniversary of the establishment of the Organisation of African Unity, the AU’s predecessor. These ideals were expressed most strongly in the African leaders’ opposition to the International Criminal Court (ICC), especially its cases concerning Kenya, during the 21st Ordinary Session of the Assembly of Heads of State and Government in Addis Ababa from 26 to 27 May.

As has always been the case with AU decisions on the ICC and international justice, the continent’s leaders began by reiterating their ‘commitment to combating impunity and promoting democracy, the rule of law and good governance throughout the continent’. They also acknowledged Uganda’s presentation on behalf of the eastern African region on ‘international jurisdiction, international justice and the International Criminal Court’ – a hint perhaps of this region’s influence over the tone of the summit’s decision.

Continue reading “AU-ICC Relations Under the Spotlight Again”

Frustrations over the ICC and Justice in Palestine

Mahmoud Abbas, President of the National Palestinian Authority, delivers an application for full Palestinian membership in the United Nations to Secretary-General Ban Ki-moon. Photo: UN Photo/Paulo Filgueiras

It came as no big surprise that the United Nations General Assembly voted to upgrade Palestine to non-member observer status. But, reflecting the reality that international criminal justice now goes to the very heart of Middle East politics, many are left wondering whether Palestine will join the International Criminal Court and request (once again) that the ICC investigate its conflict with Israel. Pondering this issue has left me deeply frustrated.

While it may not be wise to box oneself into a particular moral outlook, I consider myself to be a liberal cosmopolitan. Very briefly, that means that I believe in a politics where all human beings share fundamental individual rights and that when those rights are blatantly violated we, as a global community, have some obligations to respond. This political ethos, I believe, is also what guides most proponents of the ICC, not to mention other liberal cosmopolitan projects such as the Responsibility to Protect.

Continue reading “Frustrations over the ICC and Justice in Palestine”

Missing the Mark: The ICC on its Relationship with the UN Security Council

ICC Prosecutor Luis Moreno-Ocampo briefing the UN Security Council on the situation in Sudan. Photo: Coalition for the ICC/flickr

Last month, for the first time since the International Criminal Court (ICC) was established, the United Nations Security Council debated its relationship with the Court. After two Security Council referrals (Darfur 2005 and Libya 2011), it was high time that the relationship was critically analyzed. Unfortunately, key issues which have undermined the independence and legitimacy of the ICC were left largely unaddressed.

There are many problematic issues with regards to the relationship between the ICC and the UN Security Council. Broadly, most fall under three categories: the potential tensions and dilemmas between peace-making/conflict resolution and international criminal justice; the inevitable selectivity that only some situations of mass atrocity will be referred by the Council to the ICC while other cases, which are just as deserving, will not; and the political constraints imposed by the Security Council on the ICC when it decides to refer a case to the Court.

Continue reading “Missing the Mark: The ICC on its Relationship with the UN Security Council”

A Little Less Isolated and a Lot More Troubling: Ban Ki-moon Meets Bashir

Omar Hassan Ahmad al-Bashir in Ethiopia, 2009. Photo: Wikimedia Commons

Attempts to isolate and marginalize Sudanese President Omar al-Bashir have been mixed at best. The man many people believe is ultimately responsible for the violence and misery of Darfur – and who has been indicted by the International Criminal Court (ICC) for it – has worked tirelessly to show that, as a head of state, he can still galavant across the globe to international conferences and state meetings.

Of course, Bashir hasn’t always been able to go wherever he wants. He hasn’t visited a ‘Western’ state since he was indicted by the ICC in 2008. While he has visited ICC member-states, notably Chad and Kenya in 2010, he is still severely constrained in his movements and Malawi, a member-state which originally let him visit in 2011, has since declared that he is unable to do so again.

As many readers will know, the marginalization of perpetrators of atrocities is a central argument for proponents of international criminal justice. In brief, the argument suggests that investigations and the issuance of arrest warrants against international criminals will isolate them, both within their networks of power such as a government or a rebel group as well as within the international context. In the long-run, it is hoped that this marginalization can ultimately fill the docks of international criminal tribunals and deter the commission of crimes.

Continue reading “A Little Less Isolated and a Lot More Troubling: Ban Ki-moon Meets Bashir”