New court could prosecute the worlds
villains
By ROBERT F. DRINAN
Civilized people are repulsed by the slaughter seen recently in
Bosnia and Rwanda. We feel outrage that the architects of these horrors -- the
political and military leaders whose policies triggered the killing -- have
largely gotten off scott free. But the diplomatic and legal tangles involved in
bringing these rogues to justice seem so intractable, most of us feel only
confusion or a blind lust for vengeance.
Creating an international system where justice prevails, however,
requires more than an emotional desire to see scores settled. It takes years of
painstaking, complex diplomatic work. So when the vast majority of the
worlds 192 nations meet in Rome on June 15, hoping to complete plans for
the establishment of an international criminal court, its a moment worthy
of our interest and support.
Some observers believe the meeting in Rome might turn out to be as
important as the gathering in San Francisco in 1945 that hammered out the final
version of the United Nations charter.
Some 600 nongovernmental organizations will also be in Rome. This
group, which includes several Catholic and other religious entities, may well
be more influential than the sovereign nations -- which, understandably, will
seek to protect their own sovereignty from erosion by the projected new world
body.
The movement for a permanent international criminal court goes
back to the Nuremburg, Germany, and Tokyo tribunals, which meted out punishment
to war criminals after World War II. But the more recent impetus comes from
universal frustration over the impotence of the world community to prosecute
war criminals in the former Yugoslavia and in Rwanda. The accomplishments of
the tribunals set up to deal with these cases should not be minimized: As of
May 6, the U.N. court has indicted 74 suspects and is conducting four trials
simultaneously. But it is also undeniable that the big fish have so far gotten
away.
One problem with the present system is procedural. The validity of
the jurisdiction of the tribunal at The Hague is open to challenge, as the
jurisdiction of the Nuremburg tribunal has been questioned over the last 50
years. This is the core reason for the world conclave to be held in Rome. The
community of nations recognizes the need for a court whose jurisdiction is
unassailable, that can process cases against persons charged with genocide or
crimes against humanity.
The legal and constitutional problems involved in the charter of
the international criminal court are formidable. Should any nation be allowed
to appeal to the new tribunal, or should the United Nations Security Council
have the power to deflect some of the complaints? If any country can charge
wrongdoing, some rogue nation could make reckless allegations against a
neighbor that is a political rival or against the United States. But if the
Security Council can exercise a veto, the largest nations would have the power
to block complaints from nations outside their alliances.
That is only one of the enormous conundrums that the Rome conclave
must try to resolve. How to guarantee that the new international criminal court
is an impartial and independent judicial body is another. Who appoints the
judges and for how long a period of time? How can the charter of the
international criminal court assume that national courts are not acting
properly in connection with cases charging crimes against international law?
How can the new international court prevent nations from filing suits against
the United States or its citizens when such suits are not justified?
These and other problems are discussed in a letter sent to
President Clinton by a group of human rights academics and activists, myself
included.
The letter notes the several initiatives the Clinton State
Department has undertaken to advance the idea of the international criminal
court. The letter also warns that the Security Council should not generally
have control over the new courts docket.
The statement urges that any automatic triggering mechanism
available to nations could be postponed if the Security Council believed that a
pressing interest in peacemaking outweighed the need to bring those engaged in
crimes against humanity to justice.
Abundant material about the international criminal court can be
found on the Web site of the Coalition for an International Court. The address
of that page is http://www.igc.apc.org/icc/
The possibility of an international criminal court has been a
dream for a long time. But it took the cemeteries of Sarajevo to impel the
United States and other nations to make the court a reality.
In the year 1215, also on June 15, the Magna Carta was adopted at
Runnymede, England. No one at that place could possibly have realized that the
political and civil rights granted to citizens by King John would be the basis
for the English Bill of Rights, the United States Constitution and the
Universal Declaration of Human Rights.
The charter for a permanent world court to be acted upon in Rome
might well be a historic document that will put every tyrant on notice that the
international community now has the juridical machinery to arrest, indict and
imprison everyone who commits crimes against humanity.
Jesuit Fr. Robert Drinan is a professor at Georgetown
University Law Center.
National Catholic Reporter, May 29,
1998
|