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International criminal Court carries out struggle for survival

39fcefca71b1b5ca360819da1b593fa0 - International criminal Court carries out struggle for survival

The International criminal Court in The Hague

In sixteen year could the International criminal Court in The Hague only four defendants in sentencing. The criticism on the ‘sloppy’ and ‘weak’ prosecutor Fatou Bensouda swells, also a former judge, Chris Van den Wyngaert.

‘Everything is there in the wrong to begin with, the website.’ In an interview with The Standard picks Chris Van den Wyngaert, very hard, to the International criminal Court (ICC) in The Hague, where they, until recently, was a judge.

According to her, is the evidence of the plaintiffs very sloppy. This explains inter alia why the Ivorian ex-president Laurent Gbagbo, suspected of crimes against humanity, was recently acquitted. “The burden of proof is often insufficient,” says Van den Wyngaert. ‘Often it is evidence of hearsay, quite often, even newspaper articles suggested: that may be the beginning of a survey, but still not the end.” Especially Fatou Bensouda, the Gambian prosecutor of the Court, must pay for it.

The criticism is notable, especially since that of a former judge of the International criminal Court. But it is obvious that the ICC is becoming more adversity because it is there but fails to be important and powerful defendants convicted. Not only Laurent Gbagbo is acquitted, the Congolese warlord and former vice president Jean-Pierre Bemba is on free feet.

American anti-campaign

Le Monde suggested this week, even the survival of the criminal Court for discussion. Survive the ICC the fiasco of the process-Gbagbo?’, ask the French newspaper. ‘The flaws in the evidence lead to a collective malaise when all the lawyers and officers of the Court.” Prosecutor Fatou Bensouda, according to the newspaper too weak to resist intervention on the part of France and some African regimes through the criminal Court annoying political opponents wish to neutralize.

The current them out is in stark contrast with the optimistic atmosphere in which the criminal Court in 2002 was launched. After the bloody conflicts in the Balkans and Rwanda, was the belief that international courts were able to put an end to situations of impunity. The relative success of ad-hoctribunalen for ex-Yugoslavia and Rwanda, seemed to confirm and that explains why 123 states, including Belgium, took initiative to create a permanent International criminal Court to establish that genocide, crimes against humanity and war crimes had to punish them.

However, now the criminal Court of in the beginning with a heavy structuurfout: powerful players like the United States, China and Israel refused to take part, allowing the nationals of those countries may not be prosecuted could be. The former U.s. president George W. Bush undertook even a true anti-campaign, where smaller countries were pressured to the Icc to boycott. Bush feared that American commanders and political leaders continued, would be for war crimes in Afghanistan and Iraq and wanted to take any initiative in this sense, preventive hamper.

Neo-colonial?
After the election of Barack Obama, it looked briefly as though world leadership America and the International criminal Court slowly towards each other would grow. Officially, it was called that Obama is ‘benevolent’, stood opposite the Court. But with the arrival of president Donald Trump beat that sympathy to outright hostility.

Because military powers as the U.S., Israel and China outside the jurisdiction remained were the prosecutors on conflicts in which no Americans took part. Especially African warlords perished in the visor. That explains why many of the ICC to put out as a neo-colonial court. A criticism that, in recent years, countered with the argument that there is also in non-African countries, preliminary investigations, and investigations were opened: Colombia, Afghanistan, Iraq, Myanmar, Libya, Ukraine.

It does not mean that the balance of sixteen years, the ICC skinny. Of the 28 defendants, there were four condemned: the Malian Al Mahdi and the Congolese Thomas Lubanga, Germain Katanga and Jean-Pierre Bemba. That last one is only sentenced for the bribery of witnesses, but was acquitted for crimes against humanity and war crimes.

On the run
A number of the accused is still on the run. Especially the fact that the Sudanese president Omar al-Bashir still in power and free to countries such as Kenya, South Africa and China, can travel, is seen as a mockery to the authority of the Court. Also the sad fact that the victims of convicts to bureaucratic reasons, less than compensation received, would undermine the image.

According to ex-judge, Chris Van den Wyngaert is the work of the criminal Court is too important to fail. “But the Icc must pick up and draw lessons from the past.’ If that doesn’t happen, then that would be ICC opponents as the Us national security adviser John Bolton ever be equal. Who recently stated that the ICC itself, in substance, will focus on, and that the U.S. is not need to take them off to hit. “We let the International criminal Court on its own forces die.”

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