International Criminal Court (ICC) Seminar: INTERNATIONAL JUSTICE, 10 Years after the Rome Conference.
Chicago, Illinois
Friday, April 25, 2008
Report By: Ed Widmer
President United Nations Association of USA, State of Illinois DivisionA colloquium on the International Criminal Court was held in Chicago on Friday.The primary presenters were the President and Chief Judge of the Court, H.E. Phillippe Kirsch and the Chief Prosecutor, H.E. Luis Moreno-Ocampo.
This seminar was entitled: INTERNATIONAL JUSTICE, 10 Years after the Rome Conference.
The gathering was sponsored by the MacArthur Foundation and hosted by the DePaul University College of Law for representatives of the Central States. It was supported by more than 30 Midwest Universities and Non Governmental Organizations; there were approximately 350 participants.
In the main address H.E. Judge Kirsch outlined the basic objectives of the International Criminal Court (ICC). He stated that the Courts obligation was to pursue criminal allegations brought before it; to ensure that due process was followed; to initiate a fair trial proceeding; to take punitive action when determined; and to thereby aid in crime prevention. The ultimate goal was to foster International Peace and Justice.
As background, Judge Kirsch referenced the Courts inception 10 years earlier at the Conference of Rome that was spurred by the civil unrest and events in Yugoslavia.
He stated that the ICC is a system of justice created through but outside of the United Nations. The ICC represents the legal recourse of last resort. The ICC also acts in situations when no action is being taken to redress crucial issues.
“The Rome system is the most regulated judicial system” Kirsch said. 127 sovereign States have become signatories to the Rome statute. The ICC now stands as unique in the geographic spread of its jurisdiction and in that it maintains 5 field operations. National bodies are often limited in the crimes they can try, however, the ICC still has global problems of cooperation with the execution of warrants.
The main problem facing the ICC is security. This includes the need to protect its staff and the inherent instability of the environs in which it works. The mere presence of the ICC, however, has a definite deterrent effect on both conflict and crime in distressed areas.
Another unique feature of the ICC is that crime victims can act on their own behalf.
However, this is often hampered by the financial costs to the victims and the need to have transportation to and from the courts venue. Another crucial aspect is the protection of witnesses; the degree to which they are willing to openly testify and the identification of victims and the alleged perpetrators of crimes.
Primary problems associated with the involvement of States fall under the responsibility for the fulfillment of its own internal obligations and respect for the Courts authority. This includes the execution of warrants, searches and the need to gather evidence. The enforcement of sentences is imperative as well as the protection and possible relocation of testifying witnesses. The goal of the State must be prevention. The degree of State support of the jurisdiction and action of the ICC can be reflected in a State’s silence about ongoing investigations or decisions.
The critical need of the committed support of judicial systems, Academics and Non Governmental Organizations are essential to the success of the ICC, but both apathy and ignorance of the objectives and process are often major deterrents. The ICC is now a functional part of our global United Nations and jurisprudence system.
It should be noted, Judge Kirsch said, “The International Criminal Court has no responsibility for States. The Court only has responsibility for individuals.”
“The ICC is a Court of Law. It must uphold its decisions. Otherwise, it would be a political body.”
The Hon. John B. Bellinger, III, Legal Advisor to the Secretary of State, spoke to the subject of: “The United States and the ICC”.
At the end of his term in office, President Clinton signed the Rome accord, but it has not subsequently been presented to the Senate for ratification, so the United States is not a party to the ICC agreement.
Mr. Bellinger stated that the United States supports the concept of the ICC, but “won’t be joining in the near future.” He further criticized the ICC for the time spent on its internal organization. Engaging with the ICC and cooperating with it, he said, is too high a price to pay for the United States. He cited the referral to the ICC of the abuses in Darfur and stated that like the United States the ICC is doing good work there, but that he foresees no change in policy towards the ICC by the next administration. Mr. Bellinger concluded, “The adoption of a poor security regime is worse than no security at all.”
At the seminar luncheon, the Keynote speaker was Dr. M. Cherif Bassiouni, Professor of Law and President of the International Human Rights Law Institute of DePaul University, College of Law. Dr. Bassiouni was one of the committee chairs
at the initial Treaty of Rome conclave and he spoke of the large number of participants at that summit. Working under a deadline for submission of the Treaty for ratification by the member States of the UN, they had to subdivide into working committees and then reconcile the various reports into a unified whole. Solving major differences of approach was their chief objective in order to finalize a comprehensive and unambiguous document.
Chief Prosecutor of the ICC, H.E. Luis Moreno-Ocampo presented a glimpse into “The Prosecutor’s Perspective on the International Criminal System.” Mr. Moreno-Ocampo referred to Darfur stating that there are two matters at stake in that conflict; the first is the life and death of 2.5 million people and the second is “the future of our world.”
In his role as Chief Prosecutor for all cases before the ICC, he said he could only be guided by the law. He spoke of the rise in criminality and terrorism and stated: “The law makes the difference between a soldier and a terrorist, a policeman and a criminal.” He cited the fact that due to the existence of the ICC that armies all over the world are changing their rules to come into compliance with the Treaty of Rome. Massive criminality affects our world today and these criminal acts cross all borders. The ICC will prosecute such acts that are not addressed by the respective countries.
The Hon. Jan Schakowsky, U.S. Congressional Representative, presented an address: “The Role of the U.S. in Promoting Human Rights.”
At issue, Congresswoman Schakowsky said was what governments say publicly versus what they do privately. She cited the example of Darfur and questioned, were the events there the actions of an ally of the U.S or unjustifiable genocide? She stated that governmental decisions can be viewed as either the excuse or rationale for action. Rep. Schakowsky concluded by stating that while serving on the House Intelligence Committee that she often learned more from the New York Times.
There were two panel discussions each comprised of six participants. One group tackled the question, “The Situation in Uganda, Darfur and the Democratic Republic of the Congo” and the second addressed the future role of the ICC, “Reflections on International Justice: Quo Vadis?”
The United Nations Association, Illinois Division, was an invitee based on its involvement in setting up a support group for the ICC in March of 2007. The UNA Division representatives were Mr. Edward Widmer, Division President and Ms. Dierdre Merriman, Division Education Chair. The UNA group was honored with being seated in the reserved front row with the presenters at the conference,
UNITED NATIONS ASSOCIATION
STATE OF ILLINOIS---EDWARD WIDMER
Email: unawidmer@sbcglobal.net
