IJCentral: International Justice Central

Today, July 17th, the world is celebrating International Criminal Justice Day to commemorate the anniversary of the adoption of the Rome Statute, the founding treaty of the International Criminal Court (ICC), in 1998. While the Rome Statute, like any treaty, is far from being perfect, it is in fact the most important instrument presently available in the international criminal justice system to prevent mass atrocities and to bring justice to victims of heinous crimes, namely, crimes against humanity, war crimes, and genocide.

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This new system of international justice, established by the Rome Statute and represented by the ICC, has increased the global impetus to fight impunity and represents a promise made to future generations, a vow to help turn the words “Never again” into a reality.  It has also put forward high standards for gender crimes, fairness of proceedings, and victims’ rights.

By ratifying/acceding to this important treaty, states voluntarily commit themselves to ensuring that they prosecute perpetrators of the most serious crimes committed on their soil or by their nationals. When a country joins the ICC it does not exclude any other means of justice. The ICC is a Court of last resort and states that become states parties accept that if they are unable or unwilling to prosecute these grave crimes the ICC shall apply its jurisdiction to bring those criminals to justice. However, it is important to note that the ICC cannot try atrocities that were committed prior to July 2002, the date of the Rome Statute’s entry into force.

It is fundamental to understand that the primary means of justice for states are their own national justice systems. The ICC contributes to strengthening the current international justice system and the rule of law, and particularly recognizes, through the fundamental principle of complementarity that is at the core of the Rome Statute, the role of states in ensuring global rule of law by investigating and trying crimes.

My wish on this symbolic day is to see the Court and the Statute finally grow to fulfill the hopes and expectations we have placed on them. And for this to happen, in addition to getting more states to join the Court, states and international bodies have to turn words into action by increasing their financial, political and technical cooperation.

A Universal ICC

Of the 193 member states to the UN, 116 are States Parties to the ICC. Most of the countries in the world have accepted this new system of justice. Achieving universal acceptance of the Rome Statute is important for many reasons. Firstly, with each ratification the ICC’s jurisdiction grows, thus enhancing its long-term effectiveness and legitimacy. This helps to strengthen international justice and national justice systems, as states must enact legislation in conformity with the principles of the Statute.

Unfortunately, although some states parties have made important strides in this regard, a significant number of countries are yet to implement domestic legislation criminalizing ICC crimes and establishing cooperation provisions.

Furthermore, states parties to the ICC can participate in the meetings of the governing body of the Court – the Assembly of States Parties (ASP) – where states make important decisions, including voting for judges and other Court officials. In December 2011, the ASP will hold elections for a new Chief Prosecutor, six new judges, and other officials. These decisions are crucial to the functioning and legitimacy of the Court and will lead to increased geographical representation at the Court, ensuring that it is truly a global institution.

Increasing Cooperation with the Court

In order to be effective and truly fight against global impunity, the Court needs be able to rely on the cooperation it can receive from states. This is one of the cornerstone principles for its operations. The ICC has no police force and no prisons. Per the Statute, states are responsible for arresting and surrendering ICC suspects to the Court. In addition, the ICC needs cooperation from states in gathering evidence, providing security to victims, gaining access to crime sites, among many others.

Thus, by adopting cooperation mechanisms, states will ensure the enforcement of the Court’s work, decisions, and rulings.  Effective cooperation mechanisms have to be implemented at a national level and can be also promoted at a regional level.

Rome wasn’t built in a day

Some argued it would take decades for states to agree on a Statute giving an international establishment jurisdiction over the gravest crimes known to humanity. Once it was adopted, others said it would take even more time for the Court to come into existence. They were all wrong: the Statute was adopted in 1998 and entered into force in 2002 after achieving the required threshold of 60 ratifications.

Since its establishment, 116 states are members of the Court, where there are currently six active investigations. Furthermore, the ICC has publicly issued 18 arrest warrants (two of which are against Heads of State who allegedly committed crimes against their own nationals) and nine summonses to appear; three trials are ongoing and one of them is due to conclude this year.

In making these wishes, I am also asking states, critics and skeptics for a little bit of patience. Just as Rome was not built in a day, the Rome system still needs time to grow.

The ICC will not stop all atrocities from happening but it will plant a question for potential perpetrators: What if the ICC comes for me?

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Mariana Rodriguez-Pareja is a Communications expert and a human rights advocate with a special interest in international justice. Twitter handle: @maritaerrepe.