International Justice Day 2022: Time for ICC to flip the script | Courts

For a few years, the Worldwide Legal Court docket (ICC) was pilloried with allegations that it was biased towards African states and unfairly focused African leaders. The costs have been extreme and rife. They got here from journalists, lecturers and state leaders – a few of whom, it must be careworn, have been extra frightened about their very own alleged involvement in atrocities than the impartiality of the Court docket.

Higher equality within the international distribution of accountability for worldwide crimes – struggle crimes, crimes towards humanity and genocide – is desperately wanted. July 17 is Worldwide Justice Day. It commemorates the anniversary of the adoption of the Rome Statute of the Worldwide Legal Court docket. It’s also a helpful second to mirror on simply how “worldwide” worldwide justice truly is.

Accountability for mass atrocities is much from evenly distributed. To paraphrase the previous US Ambassador-at-Massive for Struggle Crimes Points, Stephen Rapp, in the case of worldwide crimes, there’s just some justice in some locations for some individuals among the time. It was simply final month that the ICC lastly issued warrants for non-African nationals, residents of the Russian-backed territory of South Ossetia; they’re charged with struggle crimes and crimes towards humanity dedicated in the course of the 2008 struggle in Georgia.

The ICC has solely investigated a handful of conditions and prosecuted even fewer. A part of that’s as a result of the Court docket is proscribed in its sources and attain. For years, states have nickeled-and-dimed the establishment and restricted its funds. In response to alleged authorities crimes being investigated by the ICC, some states, like Burundi and the Philippines, have pissed off the ICC’s capacity to research crimes by withdrawing their membership from the Court docket. Others, together with the USA, have waged refined campaigns to undermine the establishment’s standing and authority.

On this context, the latest dedication of the Court docket and plenty of of its member states to research and prosecute these accountable for mass atrocities following the Russian invasion of Ukraine is welcome. Quite a few capitals have supplied not solely unprecedented monetary support within the type of voluntary donations, but additionally their very own investigators to assist the ICC in its probe. By no means earlier than within the Court docket’s historical past has it loved such tangible assist. Even Washington has spoken positively of the ICC’s function in addressing atrocities in Ukraine.

The concentrate on the scenario in Ukraine and, particularly, perpetrators from Russia might have the impact of undermining the narrative that the ICC is singularly targeted on Africa. On the similar time, the Court docket’s welcome consideration on atrocities dedicated in Ukraine mustn’t distract it from contributing to justice efforts on the African continent in a fashion that respects the efforts of African states to deal with their very own atrocities and is delicate to native contexts. It may achieve this by pursuing accountability itself or by working with companions to galvanise states to do the arduous work of holding perpetrators to account in their very own courts.

Victims and survivors of atrocities in Africa must also profit from the advances and classes discovered in pursuing accountability in Ukraine. That features the novel use of digital forensic investigations to catalogue and hint atrocities, the speedy home prosecution of worldwide crimes by nationwide authorities, and efforts geared toward avoiding the duplication of investigation efforts.

The necessity for justice and accountability in Africa is not any much less urgent now than it was earlier than Russia’s invasion of Ukraine, and the ICC has a job to play and has room to enhance. Contemplate the next snapshot.

Because the United Nations Safety Council referred the scenario in Darfur, Sudan to the ICC in 2005, the Court docket has solely detained and initiated the trial of 1 accused, Ali Muhammad Ali Abd-Al-Rahman. Regardless of the autumn of the regime of former authoritarian President Omar al-Bashir in 2019 and ongoing allegations of atrocities towards Sudanese civilians and demonstrators all through the nation, the Court docket has mentioned it can solely prosecute crimes dedicated in Darfur. Rumours have persevered that authorities in Khartoum may switch al-Bashir to The Hague, the place he faces prices of struggle crimes, crimes towards humanity, and genocide, however that has not occurred. In the meantime, atrocities proceed to be dedicated in Darfur.

Within the wake of the Arab Spring revolution and the 2011 civil struggle in Libya, the nation has been in turmoil, with sharp geographical divisions and plenty of areas being dominated by the barrel of the gun greater than by the rule of regulation. In 2011, the ICC issued three arrest warrants, together with one for Muammar Gaddafi’s son, Saif al-Islam Gaddafi, who will not be solely having fun with impunity however making an attempt a run for president. Different warrants have been issued since 2017, however a decade after the ICC began its investigation, not a single perpetrator has been prosecuted in The Hague for atrocities dedicated within the nation.

Nigeria’s struggle towards Boko Haram might have subsided from its most intense ranges, however violence persists, and hundreds of suspected Boko Haram fighters had been held for years in detention with out trial. The ICC has concluded its preliminary examination into the scenario in Nigeria and located that there are cheap grounds to imagine that each Boko Haram and the Nigerian army have dedicated struggle crimes and crimes towards humanity.

There are different conditions throughout the continent the place calls for for justice haven’t been met. Guinea, Ethiopia, Burundi, South Sudan, and Uganda are all contexts by which atrocities have been dedicated, however justice efforts have fallen brief.

The ICC will not be a whole reply to impunity for atrocities in Africa. As its chief Prosecutor Karim Khan has affirmed, it’s “not the highest of the pyramid”; however a courtroom of final resort, lively solely the place states can’t or gained’t prosecute atrocities themselves.

It may solely ever achieve this a lot and usually faces aggressive campaigns from self-interested states defending themselves from the Court docket’s scrutiny. However the ICC is a part of a wider community of establishments able to delivering a modicum of justice for worldwide crimes.

For 20 years, critics insisted that the ICC handled African states like a “laboratory” by which to follow the investigation of worldwide crimes. The Court docket is now targeted, greater than ever, on occasions exterior of the continent. That is a crucial growth and can hopefully result in the ICC’s gaze being extra evenly distributed. However the Court docket nonetheless has a job to play in African states the place mass atrocities have been dedicated. It ought to flip the script, and take the teachings discovered in Ukraine to assist ship justice in Africa.

The views expressed on this article are the authors’ personal and don’t essentially mirror Al Jazeera’s editorial stance.