20 years ago, as a milestone to be celebrated, not met the establishment of the International criminal court, a lot of expectations. We draw up a balance sheet, and answer the most important questions about the “world court”.
Why did you lifted the International criminal court from the baptism?
The decision-makers that were present 20 years ago in Rome, wanted to create a permanent court of justice, the war can punish crimes and crimes against humanity, wherever they happen in the world. Because in the past it was necessary to establish for each new hotspot – Ex-Yugoslavia, Rwanda, Sierra Leone and Cambodia – the first ad hoc Tribunal. The cost valuable time, so that alleged perpetrators are running around free, or even more crime could perpetrate.
In addition, the creation of a new court of justice, offered the possibility of international law to further develop. The list of offences has been expanded compared to the Ad-Hoc tribunals. And it was also given for the first time, the Victims the right to compensation. A novelty was also President of the state may be made chiefs of the process.
Destruction of an ancient mausoleum by Islamists in Timbuktu (2012): A case for the ICC
Individual cases, tribunals should be a thing of the past. This also includes, all States should ratify the Rome Statute underlying the International criminal court, and of these, one is still far away.
For which Offence, the chief Prosecutor of the international criminal court will operate?
Charges can be levied for war crimes, crimes against humanity and genocide, and later also came to Lead an attack war. In practice, it was already written several times the history of law. For example, single charges focused on the use of child soldiers or the destruction of a world heritage site, such as in Mali in 2012. In this case, a novelty in international law history has been imposed by the judges of the criminal court for the first time a prison sentence -.
What cases are heard in the criminal court so far?
First presentable results of the chief Prosecutor, with the Judge against Thomas Lubanga Dyilo and Germain was recorded in Katanga. The Congolese rebel leader was transferred in 2006 to The Hague, where they had to because of war crimes and the recruitment of child soldiers to answer to. Lubanga was sentenced to 14 and Katanga to 12 years in prison.
With Jean-Pierre Bemba, a third Kong landed in 2008 Oles of militia leaders before the criminal court. Him of crimes against humanity in the Congo and neighboring Central African Republic have been accused of. First of all, the judge imposed 18 years in prison, but he was spoken in the Revision at the beginning of June this year, surprisingly free. There are, however, more charges are pending, he remains for the time being, in The Hague.
Can’t hide his satisfaction: After Jean-Pierre Bemba, was initially sentenced to 18 years in prison, he reached in the second instance is an acquittal
Also the much acclaimed process against the Malian Islamists Ahmad al-Faqi al-Mahdi was completed: For the destruction of a world heritage site in Timbuktu, he was sentenced to nine years in prison.
All other cases that the International criminal court has, also come from Africa – giving the court a lot of criticism, but according to the chief Prosecutor has no intention to. For displeasure also provides that the criminal court did not have the hand, to bring the accused to The Hague, but always come to the aid of the States. The Ugandan rebel leader Joseph Kony in hiding. Several charges were dropped – it was a lack of desire to cooperate, time to Prove it.
Currently a celebrity running enter process: The former Ivorian President Laurent Gbagbo is accused of complicity in crimes against humanity.
Have to answer currently in The Hague for complicity in crimes against humanity: the former President of ivory coast, Laurent Gbagbo
When will the International criminal court act – and when not to?
The court sees itself as the instance that is active only when the member States of the Rome Statute against alleged war criminals itself aspire not process. Lack of desire is usually so that a process in one’s own country could lead to violent unrest. Or there is no sufficient legal basis for a prosecution because no laws exist. In addition, the UN can assign security Council on a case. This has happened in the case of Darfur and Libya. Or the chief Prosecutor has a case, such as, for example, in the case of the ivory coast. He can but only if a national court takes on the case.
When can States charges before its own courts of war crimes suspects?
This is always possible, but it requires that you have previously created a sufficient legal basis. Germany has just in time for the inauguration of the International criminal court set a so-called international criminal code into force. On the basis of all of the Transgressions, for which The Hague prosecution can charge can be negotiated, even before the German courts. And, even if neither a German citizen is to accuse citizens, even the victims are German or the crime was committed on German territory.
Since the international criminal code entered into force, Germany has almost 50 investigation. Including a criminal complaint was against two German armed forces-members because of the air attack in Kunduz in 2009, in which the different estimates – more than 100 people were killed. This criminal complaint was set, like almost all the others.
On the basis of international criminal law, had to answer so far, only two Rwandans in court: Ignace Murwanashyaka and Straton Musoni, leaders of the Terrorist FDLR, were sentenced in 2015 due to crimes in the Congo to 13 and eight years in prison.
Allegations of torture in Guantanamo Bay: According to the criminal complaint against Donald Rumsfeld, it rejected the Federal Prosecutor’s office to start an investigation
Increasingly also, people see right groups in international law book took the opportunity to put criminal charges against high-ranking foreign politicians. However, this sometimes fails due to the fact that the German judiciary does not want to deal with these cases. So, for example, against the former U.S. Secretary of defense Donald Rumsfeld for torture allegations at Abu Ghraib and Guantanamo, no investigation proceedings opened.
How can States prevent their own citizens to land in front of the Hague court?
The most elegant way, without a doubt, is by accusations of alleged perpetrators themselves. The USA, Russia and China have been following since the entry into force of the Rome Statute, however, another way: you don’t ratify it, and prevent, if necessary by a Veto in the security Council that the International criminal court deals with such cases. The United States have also entered into bilateral non-extradition agreements with many countries, the delivery of U.S. citizens to The Hague.