By MIKE CORDER, Associated Press
THE HAGUE, Netherlands (AP) — The International Criminal Court marked the 20th anniversary of its founding on Friday as its prosecutors investigate war crimes in countries around the world, including what one expert called a make-or-break survey in Ukraine.
The tribunal, long criticized for only tackling crimes in Africa and the failed prosecutions of top leaders in Kenya and Ivory Coast, now has investigations underway in 17 countries, from Afghanistan to Ukraine, although the majority of business is in Africa.
David Crane, the founding chief prosecutor of the Special Court for Sierra Leone which convicted former Liberian President Charles Taylor and others as war criminals, said the Hague-based ICC is a crucial legal institution despite some reviews of his work.
“The ICC is now the cornerstone of how we deal with atrocity crimes internationally,” Crane told The Associated Press. “With the aggression of the Russian Federation against Ukraine, the ICC must be the leader in holding President Vladimir Putin accountable. This is the time for the ICC. They must get it right.
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The court has recorded just three convictions for war crimes and five for interference with justice in the 20 years since its founding treaty, the Rome Statute, entered into force on July 1, 2002. Without its own force and relying on national authorities to make arrests, bringing suspects to The Hague has been a problem from the start and is likely to remain a critical stumbling block to achieving justice.
And that justice does not come cheap. The court’s budget for 2022 is nearly 155 million euros ($161 million) and it has spent more than 2.2 billion euros ($2.3 billion) in its two decades in office. existence.
A total of 123 countries are members of the tribunal and accept its jurisdiction, but the world powers of the United States, Russia and China do not. This means that if prosecutor Karim Khan’s investigations in Ukraine result in charges against Russian suspects, Moscow is unlikely to make them available for trial in The Hague.
Friday’s anniversary should be a time to “reflect and try to refresh the process of international justice”, Khan said.
“If we work collectively, I am convinced that international justice can accelerate and progress and have the required impact,” he added.
Human rights organization Amnesty International, however, has criticized prosecutors’ decisions in recent years, including not to investigate alleged crimes by British forces in Iraq and to ‘deprioritise’ an investigation into alleged crimes. committed by US personnel in Afghanistan.
Amnesty International Secretary General Agnes Callamard said the “glimmer of hope” the ICC establishment had offered victims of crimes that the perpetrators would be brought to justice has faded.
“But it has appeared to veer off course in recent years, with recent ICC prosecutor decisions raising concerns that the court is heading towards a hierarchical system of international justice,” she added in a statement that also criticized the prosecutor’s office’s decision to seek voluntary funding for its Ukraine investigation.
“ICC states parties must ensure that all investigations and activities of the Court are fully funded – they must not use their resources and cooperation as tools to influence the situations and parties that come under investigation. ‘investigation. In the meantime, all states that have not yet done so, including Ukraine, must ratify the Rome Statute,” Amnesty said.
In a statement marking the anniversary, the European Union highlighted the achievements of the ICC and called on nations that have not yet joined to do so.
“Its historic decisions have contributed to the fight against impunity and to the development of international criminal jurisprudence, for example on sexual and gender-based crimes, the recruitment and use of children in armed conflict and the destruction of cultural property “, said the EU.
Crane conceded that the tribunal, which only deals with cases where local authorities are unable or unwilling to act, “has stumbled from time to time, causing a mixed reputation for viability”.
Despite this, “the ICC is a valid international effort that must be supported. Frankly, we can’t let it fail,” he said. “What the ICC is doing with its work in Ukraine is a watershed moment.
Follow AP’s coverage of the war in Ukraine at https://apnews.com/hub/russia-ukraine
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