2018年-查塔姆研究所_Milestones_in_International_Criminal_Justice_16页_328kb

Meeting Summary: International Law Programme - Milestones in International Criminal Justice

Core Content

This meeting, hosted by Chatham House and Doughty Street Chambers on 22 September 2011, focused on the milestones in international criminal justice and the current state of the International Criminal Court (ICC). It featured insights from legal experts including Judge Howard Morrison QC, Rod Rastan, Geoffrey Robertson QC, Elham Saudi, and Herman von Hebel, with Elizabeth Wilmshurst as the chair.

The discussion covered the evolution of international criminal justice, the role of the ICC, and the challenges it faces, including jurisdictional limitations, political pressures, and public perception. It also examined the Special Tribunal for Lebanon (STL) and its first indictment in the Hariri case, as well as the perception of the ICC in Libya.

Main Points and Key Information

1. Historical Milestones in International Criminal Justice

• Nuremberg Trials (post-WWII): A landmark in international criminal justice, ending Holocaust denial and establishing the precedent that heads of state can be tried.
• Universal Declaration of Human Rights (1948): Followed Nuremberg, setting the foundation for modern human rights law.
• Security Council Resolution 1970 (2011): A significant milestone as it was the first unanimous referral of a situation to the ICC, marking a shift in global perception and acceptance of international criminal justice.

2. The State of International Criminal Justice Today

• ICC's Development: The ICC is now 10 years old and has become a recognized tool in dealing with international crises.
• Challenges:
  • Limited Jurisdiction: The ICC does not have jurisdiction over all cases, especially those not involving State Parties or crimes in their territory.
  • Non-universal Membership: Major powers like the US, Russia, and China are not members, which weakens its global authority.
  • Complementarity Principle: The ICC works alongside national courts, but in many cases, national authorities are unwilling or unable to investigate or prosecute.
  • Civil vs. Common Law Debate: The ICC must balance the civil and common law traditions, aiming to integrate the best of both systems.

3. ICC's Role and Achievements

• Investigations: The ICC has opened six investigations, all in Africa (Uganda, DRC, CAR, Sudan, Kenya, Libya).
• Focus on Leadership: The Office of the Prosecutor targets high-level individuals responsible for serious crimes, not just foot soldiers or commanders.
• Victim Participation: The ICC is exploring victim involvement in trials, though it is challenging due to cost and time constraints.

4. Shortcomings of the ICC

• Expectation Management: The ICC must manage public expectations, as initial support can wane due to lack of progress or political fatigue.
• Accessibility: The court is not easily accessible to the public, with limited communication and inadequate outreach.
• Responsiveness: The ICC is sometimes too slow to respond to events, leading to loss of evidence and delayed justice.
• Transparency and Communication: Improved transparency and education about the ICC process are needed to build trust.
• Technology Utilization: The ICC could better use technology (e.g., witness databases) to engage with victims and improve efficiency.

5. The Special Tribunal for Lebanon (STL)

• Limited Mandate: The STL has jurisdiction only over the 2005 assassination of Rafiq Hariri and related cases.
• Victim Participation: The STL includes victim participation, learning from the ICC's model.
• Trials in Absentia: The STL allows trials in absentia, which may be necessary if the accused cannot be located.
• Funding Challenges: Lebanon is responsible for 49% of the funding, while the remaining 51% comes from international donors.
• Ongoing Investigations: The STL is considering additional cases and may issue more indictments.

Discussion Highlights

Question 1: Shift in Support for ICC in Libya

• The National Transitional Council in Libya emphasized domestic justice.
• Concerns remain about jurisdiction over pre-2011 crimes and the likelihood of returning accused individuals from The Hague to Libya.
• The death penalty is not an option under the Rome Statute, which is a controversial issue.

Question 2: STL Referring Lebanon to Security Council

• The STL is not considering referring the case to the Security Council, as Lebanon is already under obligation under Chapter VII.
• Lebanese authorities are actively searching, but progress is slow.

Question 3: Political Nature of International Criminal Justice

• Judges must strive to separate law from politics, though it is inevitable in some cases.
• The Rome Statute was a politically driven process.
• Political pressure can affect the work of international courts, including the AU's stance on compliance with indictments.

Conclusion

The ICC and STL represent significant progress in international criminal justice, but challenges remain in terms of acceptance, jurisdiction, and effectiveness. The international community has made strides in recognizing the importance of accountability, but transparency, communication, and cooperation are still needed to ensure the success and legitimacy of these institutions.