General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAssad and the Death of the International Criminal Court
http://www.slate.com/articles/news_and_politics/view_from_chicago/2013/09/failing_to_prosecute_assad_will_be_the_death_of_the_international_criminal.single.htmlInternational law remains in a troubling limbo...
Without the big countries as members, the ICCwhich lacks its own police forcecould not call on them to arrest suspects in countries unwilling to give them up. The founders of the ICC faced a bad choice. They could offer immunity to the big countries in return for their participation, thus ensuring that the ICC would be regarded as illegitimate. Or they could give up on participation by the strong countries, draining the ICC of any power. They took the second pathbut ended up depriving the ICC of legitimacy as well as power.
The countries that signed on were mostly peaceful democracies and poor countries embroiled in endless conflicts that could not be addressed with regular law enforcement. Because the ICC treaty specifically limits ICC involvement to cases where national legal institutions fall short, the ICC focused its attention on the latter group, which unfortunately were mostly African. In some cases, the African countries invited ICC participation, but in others it was thrust upon them. For example, the Security Council authorized the ICC to investigate Sudan, whose president Omar al-Bashir was indicted for his role in ethnic killings in Darfur. (He has refused to appear for trial.) Even a country like Uganda, which invited ICC participation, later found that as a result it could not offer an amnesty to insurgents in order to establish peace. As the ICC increasingly interfered in their affairs, African countries took the view that the court, in the words of Ugandan President Yoweri Museveni, is now being used by Western powers to install leaders of their choice in Africa and eliminate the ones they do not like. Meanwhile, the ICCwith an annual budget of more than $140 million and staff of about 700has been able to convict only one person (the Congolese warlord Thomas Lubanga) in more than a decade.
Things have finally come to a head. The ICC has indicted two Kenyan leadersPresident Uhuru Kenyatta and Deputy President William Rutofor their role in fomenting violence during elections in 2007. In an odd twist, the leaders have voluntarily agreed to appear in court while working behind the scenes to undermine the prosecution. Witnesses are pulling out, most likely because of intimidation or bribery. And the Kenyan Parliament has voted to withdraw Kenya from the ICC. Other African countries have taken Kenyas side and have expressed support for Sudans Bashir. If Kenya withdraws from the ICC, other African countries may follow its lead. And why shouldnt they? Why should their leaders subject themselves and their constituents to the risk of criminal prosecution if the leaders of other countries dont do the same?
Downwinder
(12,869 posts)Posteritatis
(18,807 posts)Fantastic Anarchist
(7,309 posts)Any mention about the illegitimacy or impotence of the ICC without taking into account the U.S.'s role with flaunting international law, seems to be pretty specious, at best.
Failing to mention Cheney, Bush, Rumsfeld, et al, and then talking about respect for international law just seems a little too ironic to be by accident.
Also, can you link to where that map is? There's no legend, so I can't make sense of it without making unwanted assumptions.
BOG PERSON
(2,916 posts)n/t
Recursion
(56,582 posts)It's countries that have signed and ratified (green), signed only (yellow), and neither (red).
Fantastic Anarchist
(7,309 posts)arthurgoodwin
(38 posts)Map in post appears to be same map as is in Wikipedia article on the International Criminal Court. From the legend to the wiki map:
Green = countries that have both signed and ratified treaty
Yellow = countries that have signed treaty, but have not ratified it
Red = countries that have neither signed treaty nor acceded to it.
gopiscrap
(23,765 posts)Fantastic Anarchist
(7,309 posts)David__77
(23,553 posts)It is surely is doomed to failure. Other countries may follow the example of the United States and refuse its jurisdiction.
treestar
(82,383 posts)It's a great idea. But there is no way ultimately to enforce it. Nations have to agree to submit to it.