Background and Impact of International Criminal Court, Essay Example

Background of International Criminal Court

The history of the formation of the ICC (International Criminal Court) dates back to more than a century years ago. The first proposal for the establishment of the international criminal court was made in the year 1972 by Gustav Moynier, who was one of the people who founded the Red Cross International Committee (John, 2008). The drafters of the Treaty of Versailles in the year 1919 began a call for the an international system of justice after the world war one with a view of trying Kaiser and other war criminals who provoked the word war one (Whites, 2007). After the world war two, allies made the Tokyo and the Nuremberg tribunals which were for trying of the masterminds of world war two (Whites, 2007).

In the year 1948, The UNGA (United Nations General Assembly) adopted on the convention which was meant to prevent and punish crimes of Genocide (John, 2008). They invited the ILC (International Law Commission to make a study on the possibility and the desirability for the establishment a judicial organ which is international, where all countries will be covered by it, which was to be charged with the responsibility of trying people who are charged with crimes associated with genocide. The international law commission made a draft for such statute in the years of early 1950 (John, 2008). The cold war began at this time and derailed their efforts and they United Nations General Assembly also abandoned the push for an international court of justice as it awaited for an agreement on how to define aggression crimes and the code of crimes which can be accepted internationally (Johnson and Brown, 2009).

In the year 1989 the month of June, Tobago and Trinidad revived a proposal which was pre-existing for establishing the international criminal court (Whites, 2007). The United National General Assembly was motivated by this and they asked the international law commission to continue with their work of drafting the statute on which International Criminal court would be based. Conflicts in the Croatia and Bosnia-Herzegovina together with the Rwanda conflicts of the years of early 1990s and also the mass commission for crimes against humanity, genocide and war crimes made the United nations security council to come up with a decision to establish temporally and separate tribunals with the of holding persons accountable to these crimes against war crimes. This further highlighted the need for an international criminal court which was to be permanent and would deal with such crimes instead of setting up temporally tribunals (Whites, 2007).

The International Law Commission presented to the United Nations General Assembly its final statute draft for the establishment of the international criminal court in the year 1994 (Johnson and Brown, 2009). The United Nations General Assembly established a committee which was to consider the most important issues in the statute draft for the establishment of the international criminal court. The committee met twice in the year 1995 (Johnson and Brown, 2009). The committee presented its report to the United Nations General Assembly and after the General Assembly considering the report; it created a Preparatory Committee for the establishment of the international criminal court which was to prepare draft text which is consolidated. Between the years 1996 and 1998, the United Nations Preparatory committee held six sessions in the headquarters for United Nations in New York. During the sessions, non governmental organizations made contributions in the discussions as they attended meetings as Non-governmental organizations coalition for an international criminal court. In 1998, the coordinators and bureau for the Preparatory Committee called a meeting which was Inter-Sessional and was in Zutphen in Netherlands for technically consolidating and restructuring the draft articles to form the final draft (Johnson and Brown, 2009).

After receiving the draft, the United Nations General Assembly convened a conference of United Nations Plenipotentiaries for the establishment of the international criminal court so that it can finalize the convention and adopt it for establishment of the international criminal court (Johnson and Brown, 2009). This conference, held in Rome in Italy took place between the dates 15^th of June to 17^th of July in the year 1998. One hundred and sixty countries participated during the negations and the non-governmental organizations were monitoring these discussions closely. At the end of the five weeks of serious negotiations, one hundred and twenty countries voted in support of the Rome Statute for the formation of the international criminal court. Only seven countries voted against the adoption of the treaty and these nations were the United States of America, Qatar, China, Israel and Iraq. Twenty one states present abstained from the voting.

According to Johnson and Brown, (2009), the Pre-Com (Preparatory Commission) was charged with the mandate of completing of the international criminal court and ensuring that it has a smooth functioning by carrying out negotiations on the documents which were complimentary including the Procedure and Evidence Rules, the Crimes Elements, the agreement for the relationship between the United Nations and the court, the regulations regarding finances and the immunities and Privileges of the court agreement. In 11^th April 2002, the ratification (60^th) which was necessary in triggering the entry to become a force was made by some states in conjunction. In 1^st July 2002, the treaty entered into force. After the completion of the Preparatory commission’s mandate and its entry into force, the ASP (Assembly of States Parties) met in September 2002 for the first time.

Impact of International Criminal Court

The international criminal court was formed with an objective of dealing with international war crimes, crimes against humanity and crimes of genocide. Before the establishment of the International Criminal Court, people used to commit war crimes and none was brought to accountability. Since its inception, crimes against war crimes have been reduced. The United Nations introduced and formalized the International Criminal court with view of bringing those most responsible for the most serious war crimes into book and makes them accountable. This involves the use of children soldiers and rape crimes among others.

The International Criminal Court has had a lot of impact in the fight against war crimes especially in Africa. An example is the war is the case against the Joseph Kony of Uganda who has been leading a resistance army in the country (Koech and Korir, 2009). The army has been responsible for crimes against humanity, raping ladies, use of child soldiers and also stealing property from the people. The international criminal court issued an arrest warrant to him under seal in 8^th of July 2005 and then later issued unsealed on 13^th October the same year. Since that time, the Lords Resistance army, which he commands reduced its gross human rights violations. The army has known that the international community is not joking and that they are being watched by an international eye. If the international criminal court was not available, may be these people would continue to interfere with the basic human rights.

Contrary to the above, the international criminal court is regarded by some people especially in the African continent as a tool of the west to manipulate Africans (Whites, 2007). In fact, at an Africans Union General meeting, countries voted against the cooperation with the International Criminal Court and its prosecutor in the arresting of the Sudan. The president of Sudan is being accused of crimes against humanity but sees it as a way of arm twisting Bashir, the Sudan’s president in to accepting to be dictated by western powers. The president of Libya, Gaddaffi   saw the international criminal court as a way of interfering with the internal functioning of a country. He argued that the prosecutor of the international criminal court was interfering with the sovereignty of member states (Koech and Korir, 2009).

In addition to the above, some people are questioning on the International Criminal Court ability to end war crimes. They quote the war in Iraq which was started by the then president of the United States of America, Bush. After invading Iraq without the permission of the United Nations Security Council, no one was brought in to book. Not even the then president Gorge Bush was investigated or charged with crimes against humanity when it was very clear to everyone that crimes against humanity were committed in the war. Again after Israel invaded the Palestine, killing innocent civilians no case has been opened against them. African continent views this behavior of selectively prosecuting African leaders and leaving the western leaders as selective justice. They argue that the same standards should be applied on all people (Koech and Korir, 2009).

Sources of Law the International Criminal Court Uses

The international Criminal Court has its laws based on the international law commission they drafted. It is usually based on the international human rights standards. The international Criminal court was created under the Rome Statute. The Rome Statute was created by the United Nations General Assembly. To determine the cases in the International Criminal Court, the court refers to the laws in the Rome Statute (Whites, 2007). Rome Statute is part of the international Law which is accepted globally by most nations. The United Nations also has accepted the Rome Statute as a set of laws which is of international Standards and can be applied across all cultures of the world without favoring some countries. Under the Rome Statute, there is no one who is immune to the law as witnessed in the constitutions of the most countries especially in the African continent (Whites, 2007).

According to Whites, (2007), the United Nations General Assembly is the one which commissioned the drawing up of the Rome Statute Articles. It is also the one which ratified the laws and allowed them to swing into action after they passed a vote in the assembly. The United Nations general Assembly can be able to amend the statute with a vote (Whites, 2007). The United Nations Security Council has powers in the International Criminal Court. They can start a process of prosecution of people suspected of committing war crimes, crimes against humanity as well as other crimes within the jurisdiction of the international Criminal Court by giving the prosecutor the go head with the investigations. They can also terminate cases in the international criminal court.

The international criminal court also borrows from the United Nations Charter (Johnson and Brown, 2009). Also the United nations General Assembly is able to amend the Statute of the International Criminal Court but only under consultations with its members. The member countries have to ratify the amendments. In conclusion, the international Criminal Court establishment has been one of the major achievements of the United Nations General Assembly, although parts of its members have not signed their cooperation with the court. It has been used in different parts of the world to resolve conflicts which otherwise could have caused war.

Despite these achievements, some countries, especially in Africa consider it as hostile to them and view it as a tool for the western countries to manipulate African countries for their own interests (Johnson and Brown, 2009). International Criminal Court has handled several cases including the Liberia’s Taylor (Whites, 2007). The court is committed to ending war crimes and war crimes in the world by bringing those responsible into book.

References

John, S. D., (2008). International Law: International Criminal Court. New York: Free Press.

Johnson, C. M. & Brown, N.G., (2009). The Formation of International Criminal Court: Background of ICC. London: Law Book Publishers.

Koech, B. G.  & Korir, Y. H., (2009). An Analysis of the International Law. Kenya: University Press.

Whites,F., (2007). The Rome Statute: Analysis of the International Law: New Jersey: Express Printers.