Does the ICC undermine prospects for peace?
I had the pleasure of attending a lecture by Richard Goldstone, former chief prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and for Rwanda. He raised a very interesting question that has been circulating in academic and policy circles as of late; does the International Criminal Court (ICC) actually undermine prospects for peace when indictments are issued for war criminals? The argument essentially holds that indictments for war criminals will jeopardize peace negotiations that are usually taking place in parallel to ICC investigations.
Goldstone made a particularly convincing case that the ICC does not jeopardize peace negotiations and in fact may actually increase thier chances of success. For example, when the Dayton peace negotiations were held in Dayton Ohio, many war criminals who would usually have been included in negotiations were absent because they knew they would be immediately arrested upon entry into the United States. Often times peace negotiations involve irreprehensible characters who have been responsible for many of the attrocities of a given war because they are vital stakeholders in resolving conflict (usually being the cause themselves).
I was quite pleased to see that although Goldstone remained optimistic that ICC indictments and investigations do not hamper peace negotiations, he did not hesitate to say that in some instances they may have. The vital question that we need to ask is whether we are more concerned with finding agreements to uphold a tenuous peace that may not exists or if we are dedicated to sending a message to all people on the globe that impunity will not stand. In a relatively short period of time, heads of state have gone from being completely unaccountable internationally, hiding behind the shield of sovereignty to now knowing that even the most powerful will be charged with crimes against humanity if they decide to engage in barbarous acts.
Sending a message that impunity will not stand is, in my mind, much more important. While some ICC activities may make it more difficult to find the peace by giving war criminals incentives to avoid capture, the very fact that we can know prosecute these people for their heinous deeds is a great accomplishment in international law.
2 Comments
Astrid Haas
Hi Brodie,
Brodie Ross
Astrid,
I do not know much about the specific situation in Uganda, but it seems to me that so long as Kony is brought to justice, that is all that really matters. I don't think the ICC should retract its warrant against Kony if this is the result of political manouvering in peace negotiations. Tyrants should not have any bargaining chips at the negotiating table. However, I do believe that there are provisions within the ICC that allow for cases to be tried by competent national authorities should they exist as this is often an important part of national reconciliation. The problem is that these national authorities often do not exist, or, when matters are brought before these courts the outcome is predetermined. We all saw what happened in Iraq. As hienous as Saddam was, I am pretty sure he did not get a fair trial. Some of these war criminals are heroes to particular ethnic or religious groups within countries and if these groups do not feel their heroes got a fair trial they may be resistant to accepting the outcomes of both the trial and peace negotiations. The ICC has committed itself to upholding the highest legal standards and maintaining strict impartiality. As bad as some of these people are, an unfair trial can jeopardize the future peace if the people do not wholeheartedly agree with its outcome. Vigilante justice in national courts is just as bad as some of the attrocities committed by these war criminals because it undermines the faith of the public in the rule of law in post-conflict communities.Again, the problem with Uganda is that government forces are responsible for just as many attrocities as Kony's LRA. Considering government involvement in the conflict it is probably better that the ICC deal with this case to help Uganda towards a peaceful future.