News Daily

The Times

Australia

  • Written by The Conversation

Only five days after the arrest warrant against former Philippines President Rodrigo Duterte was issued, he was apprehended and immediately put on a plane to The Hague to face charges before the International Criminal Court (ICC).

The prompt action – and the fact he is the first former Asian head of state before the ICC – have been heralded as “a pivotal moment for the court”.

While this is a rare success story in the court’s tumultuous history, many challenges remain. The successful arrest of one defendant will unfortunately do little to change negative perceptions of the court or remove the many obstacles it faces in prosecuting cases.

A long history of criticism

The ICC was conceived as a “court of last resort” in 1998 under the Rome Statute, the treaty that established it. The aim was to try individuals accused of war crimes, crimes against humanity, genocide and aggression in cases where a state’s domestic courts refuse or are unable to do so.

Shortly after it began its work in 2002, however, the ICC faced criticism for its perceived focus on Africa.

In more recent years, it has also been criticised for its limited effectiveness, its perceived hypocrisy, and a lack of support from major powers, such as the US, China and Russia, which are not members.

The court has long faced a public relations crisis it may never be able to resolve. When it does not investigate a potential case, it is said to be ineffective. And when it does initiate investigations, it is often said to be biased or acting beyond its capabilities.

The ICC has had many detractors in its short history. Omar Havana/AP

Putin and Netanyahu

Currently, the ICC has 12 ongoing investigations, mostly in Africa and Asia. It has issued 56 arrest warrants, half of which have yet to be executed.

As the focus of the court is limited to those who bear the greatest responsibility for international crimes, the cases frequently involve high-profile individuals.

Current arrest warrants, for example, have been issued against Russian President Vladimir Putin on charges of allegedly deporting Ukrainian children to Russia and Israeli Prime Minister Benjamin Netanyahu for alleged war crimes committed in Gaza.

These two cases have been among the court’s most controversial. Critics say the ICC lacks jurisdiction because:

  • the alleged crimes did not occur in their own states
  • their states are not parties to the Rome Statute
  • the UN Security Council did not refer these cases to the ICC for investigation.

Others have accused the court of selective prosecution and bias for pursuing a case against Netanyahu, specifically, instead of prioritising cases in states run by dictators, such as Syria.

Arrest warrants were issued last year for both Israeli Prime Minister Benjamin Netanyahu, left, and Defence Minister Yoav Gallant. Abir Sultan/Pool European Pressphoto Agency/AP

And some complain the court should be focusing on crimes allegedly committed by Western leaders in places like Iraq.

Indicting leaders of states raises additional legal challenges. International law dictates that heads of state enjoy immunity in other states’ courts – unless this immunity is expressly waived by their own governments.

The ICC defends its actions as fair. It argues it does have jurisdiction in the cases against Putin and Netanyahu because the alleged crimes took place in Ukraine and Palestine, two states who have explicitly accepted its jurisdiction.

And Article 27 of the Rome Statute says the ICC can exercise jurisdiction over people with state immunity, although it’s debatable whether this must be first waived for leaders of states not party to the Rome Statute.

Cooperation remains key

The ICC is not only constrained by these complex legal questions, but also by the limited cooperation of states around the world.

It relies on close cooperation with its 125 state parties, among others. But some states have been reluctant or even refused to cooperate with the court in executing the arrest warrants of controversial figures.

For example, Putin was not arrested when he visited Mongolia, an ICC member, last year, in part, because Mongolia relies heavily on Russian energy. South Africa similarly refused to arrest Sudanese dictator Omar al-Bashir when he visited in 2015.

Even when state parties do cooperate, the political fallout can impact the court’s reputation.

Following Duterte’s arrest last week, a Filipino senator (the sister of the current president) launched an urgent investigation to ensure due process was followed and Duterte’s legal rights were upheld and protected. She acknowledged the arrest has “has deeply divided the nation”.

The lack of support from the US – arguably, still the world’s most powerful democracy – remains a perennial problem, as well.

While the US has generally supported the court’s mandate over the years, it has been wary of its jurisdiction over American citizens and those of its allies accused of crimes. Last month, President Donald Trump authorised new sanctions against ICC officials in an attempt to paralyse the international organisation.

Although 79 states did declare their support for the ICC following the sanctions, the Trump adminstration’s rejection of the court’s jurisdiction, legitimacy and authority has had significant consequences for its operations.

It remains to be seen how the case against Duterte will play out. Securing a conviction is not assured.

However, his arrest demonstrates the court can fulfil its mandate and remain a relevant force in the fight against the gravest of crimes. It is also a significant moment for the families of those killed during Duterte’s rule, who have long sought justice for their loved ones.

Read more https://theconversation.com/the-icc-showed-its-might-by-arresting-rodrigo-duterte-its-reputation-will-take-longer-to-fix-252509

Split Corrugated Conduit for Flexible Cable Protection

For wiring assemblies in vehicles, machinery and equipment, choosing suitable cable protection helps keep cables organised and reduces direct contact with surrounding parts. Mojak Plastics supplies plastic tubing and conduit options for different installation needs, and split corrugated conduit can... Read more

Trailers Melbourne Buyers Can Compare: When Box Trailers Make Sense

For many homeowners, businesses and tradespeople, trailers Melbourne customers use every week need to be versatile enough for changing loads. A box trailer can be particularly useful because its enclosed sides help contain cargo while providing a straightforward loading area... Read more

Bottle Label Printing That Balances Design and Readability

Product labels need to attract attention while making information easy to find and understand. On a bottle, the available space may be limited by the container’s shape, so every design decision matters. Bottle label printing should account for visual hierarchy... Read more

Office Cleaning Melbourne: Planning a Consistent Workplace Routine

Businesses looking for office cleaning Melbourne need a plan that reflects the way their workplace operates. A clean office supports day-to-day organisation, helps shared spaces remain presentable and gives employees and visitors a more orderly environment. Eco Green Cleaning Management... Read more

Pinboard Solutions for Offices, Schools and Shared Information Spaces

Why a Pinboard Remains Useful A pinboard provides a simple way to display information that needs to remain visible without being rewritten. Lawdex supplies fabric and cork options for offices, schools, staff areas and other environments. A pinboard can be used... Read more

Retractable Hose Reel: A Practical Guide To Choosing The Right Hose Storage

A retractable hose reel can make hose storage more organised, accessible and practical in workshops, commercial facilities, service areas and other working environments. Instead of leaving a hose coiled across the floor or requiring staff to manually wind it after... Read more