Twenty-four years after its inception, the PCIJ was succeeded by the ICJ An Overview of the Challenges Facing the International Court of Justice in the 21st Century The world is facing unprecedented challenges that must be met with increased cooperation and solidarity. However, Dicker suggested a more prominent role for United Nations peacekeepers should be explored. A sold-out crowd filled the venue to hear Stewart and Richard Dicker, director of the international justice program at Human Rights Watch, with moderator Rita Maxwell, JD 2001, a local prosecutor and former ICC visiting professional. The aim of the ICC is to put an end to impunity for perpetrators of the most serious crimes of concern to the international community, and to contribute to the pre-vention of such crimes. 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The audience included notable figures such as John Ralston Saul, Bob Rae, and two of Canada’s advisers during the drafting of the Rome Statute, Darryl Robison and Valerie Oosterveld. endobj <> The pair faced questions on whether ICC prosecutions are actually having a deterrent effect on other would-be perpetrators. © Coalition for the International Criminal Court to © World Federalist Movement/Institute for Global Policy. <> The International Criminal Court: Contemporary Challenges and Reform Proposals is a collection of essays by prominent international criminal law commentators, responsive to questions of interest to the Office of the Prosecutor of the International Criminal Court. L. 93 (2012). Stewart and Dicker highlighted the lack of understanding about the Court’s jurisdictional restraints to dispel criticism that the ICC is picking on Africa. The Nigerian government ratified the treaty that established the International Criminal Court in 2001 and there is currently a draft law in the National Assembly to implement the Statute of the International Criminal Court into domestic law. Cite as: 18 Annl. Շ�D�Oȸ2�����m�7"�3W��cT!�y������� Comp. By going after associated offenses as crimes against humanity, the ICC can drive an international response. endobj This can undermine the peace process in the long run, with renewed cycles of violence. Lack of access to justice at the national level; The refugee crisis and internal displacement; The destruction of humanity's cultural heritage; Environmental destruction and land-grabbing; The exploitation and oppression of indigenous peoples. The Rome Statute can bolster protection around food sources and property during conflict. endobj �qu�̚�7�o���-�h�ԧ~�d� y2�̯c��=� ǐ�N������ڊu�F?�#�x@R�y �%�F��f E���;�r He spoke of the uniqueness and challenges of each situation before the court (from Koni to Kenyatta), while pointing to efforts to enhance strategic planning between States parties. 10 0 obj On the lack of state cooperation in finding and arresting those facing indictment, Stewart admitted that there is always room for improvement. He stressed his office will approach the preliminary investigation like any other: with objectivity, impartiality, and independence. In Stewart’s experience, if feelings of injury on the part of victims are unaddressed through justice, they fester. 29 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> He called the Security Council’s silence after the referral of Libya and the fall of Gaddafi “shameful.” Dicker cited a need to increase the political cost associated with a lack of support. Dicker gave the example of the “doomsday” scenario predicted after indicting Sudan’s President, Omar Al-Bashir, on the North-South peace process. Demonstrating candour, a sharp intellect and humility, alumnus James Stewart, LLB 1975, deputy prosecutor of the International Criminal Court, dove right into a conversation addressing the challenges facing the world’s first permanent court of its kind. However, endobj endobj 2012] CHALLENGES FACING THE INTERNATIONAL COURT 95 International Justice.”7 In exercise of this power, the League appointed an advisory Committee of Jurists and legal publicists which formulated the Root-Phillimore plan,8 the bedrock for the establishment of the PCIJ. <> 11 0 obj endstream Of course, the elephant in the room was the ICC’s opening of a preliminary investigation this January into last summer’s Israeli-Palestinian conflict. Appligent AppendPDF Pro 5.5 Environmental destruction and land-grabbing. What transpired was far from it. They agreed patience and a better understanding of how ICC investigations unfold would dispel many of these criticisms. When asked if there was any feasible means of the ICC establishing an independent police force to get around the problem of relying on state cooperation for investigations and arrests, both speakers said the Rome Statute is clear that a police force is not in the cards. uuid:9c12a793-a3b1-11b2-0a00-e092badbfd7f The Jan. 29th event was hosted by the Faculty of Law’s International Human Rights Program, Munk School of Global Affairs, and Human Rights Watch (HRW). endobj endobj I think you are starting to see the results of that process play out. The International Criminal Court: Its Impact and the Challenges It Faces 30 0 obj 2016-08-23T04:19:14-07:00 2016-08-23T04:19:14-07:00 <> However, there are good reasons to keep investigations and indictments secret due to political sensitivities. Demonstrating candour, a sharp intellect and humility, alumnus James Stewart, LLB 1975, deputy prosecutor of the International Criminal Court, dove right into a conversation addressing the challenges facing the world’s first permanent court of its kind. endobj The world is facing unprecedented challenges that must be met with increased cooperation and solidarity. 32 0 obj For the ICC, attacks against cultural and religious structures are more than attacks on bricks and mortar. “It is not African victims that are complaining of our presence in the region,” said Stewart, noting they deserve justice when their local court and institutions cannot provide it. Prince 9.0 rev 5 (www.princexml.com) <>stream
Global challenges that the International Criminal Court system can tackle include: By promoting stronger institutions at the national level, the Rome Statute enhances victims' access to justice, UN Global Goal 16. 33 0 obj Still, in the end, Stewart and Dicker celebrated the ICC’s achievements in advancing the international justice project. Revealing an investigation too soon can prematurely jeopardize critical state assistance. Stewart and Dicker spoke of the difficulty in addressing allegations of victor’s justice. <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> ��5������'���}7�Q)�����~�>;y�{��OT샳�q��F Global challenges that the International Criminal Court system can tackle include: Lack of access to justice at the national level; Gender inequality and sexual violence; The refugee crisis and internal displacement; Conflict-driven famine; 31 0 obj uuid:9c1281b4-a3b1-11b2-0a00-782dad000000 <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> zu�$uߚi��㼎\��&e��K3�Y�y�5��5dhַBٵ֤�w�(������yf�11�|t-$d���R��'J�dq�D@�>C�C�n6���Pb��f�ߴYI�� /�C҃��hM6��,�i��)�����s�K�S�0�����,
2��}�7��Wg��\i��Z��=:�O�� ��A��3��!��s�N�D��%V'�(��ܸ2ݔ����;�Ue�b��)h�_jk�Q;�^�kReT63מ����K�'���p��\J���ڈ�-�4k�[����Ui��@@�C�����]IE�S(���P��~���A�V�}/T#���S����R����Ra���}�y��s�1�3�U�=̏,"l�4�j�F'yi��;�-D��~�ݓ*��"�@��!n��| � �WBl���4R�_�H�����r�+{�, �T�����ci���,���i�g�ki��t��-!v:b����/x�!�@Є��J3�p� �LTEUȯت�Q�������M�:�����-�,{�fOv�=���F�\;z5eS��0��N�sκ�t礰���7�G_�냒Ǒ�TG�;��+�>@���N���4���^Ny�;�4�4�h;�v/xm=�a�;3��=��́��ʪ��,17��P��[���(t��?4��+����V�^�w�,fW/�̙���I81U9�%�JI���N�#�Iĸ�6�F�`Wq�cw+�d1�VIr�>@���iaײ��T���`�C��#�aOX�`|?��s����}���¿��=ĉ�*�^7�g�\�����˩}P�8��j{�=�V�U�k3��(�ucA���I�ҥ��U�dC�y��Y[�"��`B��e���Z�nc�oe 78 Queen's Park Cres. Dicker was more blunt. The ICC can strengthen laws that seek to protect the human rights of refugees and the internally displaced. Often the international media is quick to criticize when the ICC indicts only members from one side of a conflict. <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/Type/Page>> endobj 65 0 obj 66 0 obj Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, Alfred YekatomAnd Patrice-Edouard Ngaïssona. Coalition for the International Criminal Court is an assumed name of the World Federalist Movement/Institute for Global Policy, Ltd., a New York nonprofit corporation with tax-exempt Section 501(c)(3) status under U.S. law. On the role of the United Nations Security Council, Stewart spoke of the need for follow-up after situations are referred to the ICC. 1 0 obj endobj (From left) International Human Rights Program director Renu Mandhane with ICC deputy prosecutor James Stewart and law dean Ed Iacobucci, By Drew Beesley / Photo by Kathleen Davis.
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