A Fight Against Impunity: Cooperation in the International Criminal Court – Liberal Currents

Report on the International Criminal Court and Its Role in Advancing Sustainable Development Goals

Introduction

Despite global commitments to prevent atrocities following World War II and the Holocaust, it was not until the 1990s that a permanent international judicial body was established to prosecute war criminals consistently and lawfully. The International Criminal Court (ICC), created in response to genocides in Rwanda and Bosnia, has since played a pivotal role in international justice. This report emphasizes the ICC’s contributions to the United Nations Sustainable Development Goals (SDGs), particularly those related to peace, justice, and strong institutions (SDG 16).

Background and Establishment of the ICC

Before the ICC, war crimes and crimes against humanity were addressed through ad hoc tribunals, lacking consistency and permanence. The Rome Statute of 1998 established the ICC as a treaty-based, independent institution mandated to prosecute individuals responsible for genocide, war crimes, crimes against humanity, and aggression. The ICC operates as a court of last resort, intervening only when national jurisdictions are unwilling or unable to prosecute.

ICC’s Alignment with Sustainable Development Goals

• SDG 16: Peace, Justice, and Strong Institutions – The ICC promotes accountability and the rule of law by prosecuting perpetrators of serious international crimes, thereby contributing to peaceful and inclusive societies.
• SDG 5: Gender Equality – By addressing crimes such as sexual violence in conflict, the ICC supports gender justice and the protection of women’s rights.
• SDG 10: Reduced Inequalities – The ICC’s impartial prosecution helps reduce inequalities by holding powerful individuals accountable regardless of their status.

Challenges and Criticisms of the ICC

1. Lack of Enforcement Power: The ICC does not possess its own police force and relies on member states for arrests and enforcement, which raises concerns about its effectiveness.
2. State Sovereignty Concerns: Some powerful nations, including the USA, China, India, and Russia, have not ratified the Rome Statute, citing sovereignty and political concerns.
3. Political Pressures: Sanctions and political opposition, such as those imposed by the United States, have hindered the ICC’s operations and led to the departure of key personnel.

Mechanisms for Promoting Cooperation and Compliance

The ICC fosters cooperation among member states through a combination of moral incentives and institutional mechanisms:

• First-Party Enforcement: Member states enforce ICC mandates internally, often arresting and surrendering suspects from their own populations.
• Second-Party Enforcement: The ICC encourages reciprocal compliance and norm development among states, enhancing long-term cooperation.
• Norm Internalization: States alter behaviors and expectations over time, complying with ICC obligations due to evolving international norms.

Benefits of ICC Membership

• Participation in selecting ICC judges and influencing court operations.
• Enhanced international standing and credibility through commitment to justice.
• Ability to hold adversary states accountable, as seen in cases involving Ukraine and the Palestinian Authority.
• Promotion of domestic legal reforms to strengthen accountability and human rights protections.

ICC’s Impact and Successes

1. Case Prosecutions: Over 21 years, the ICC has conducted 31 cases, resulting in 10 convictions and 4 acquittals.
2. Deterrence of Atrocities: Research indicates that the ICC’s existence discourages leaders and armed groups from committing gross human rights violations.
3. Domestic Legal Improvements: Member states have adopted more laws addressing crimes against humanity, increasing local accountability mechanisms.
4. Behavioral Change: In conflicts such as Uganda’s, ICC investigations have reduced civilian targeting by rebel groups.
5. International Isolation of Perpetrators: ICC arrest warrants, such as that against Vladimir Putin, limit travel and diplomatic engagement of indicted individuals.

Conclusion

The International Criminal Court plays a critical role in advancing Sustainable Development Goal 16 by promoting peace, justice, and strong institutions globally. Despite challenges including enforcement limitations and political opposition, the ICC fosters a culture of accountability that deters future atrocities and strengthens domestic legal systems. Continued international support and cooperation are essential to maximize the ICC’s potential in contributing to sustainable development and global justice.

Featured image: International Criminal Court Building in The Hague, by OSeveno

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article focuses on the International Criminal Court (ICC), which is dedicated to promoting international justice, accountability, and the rule of law.
   • It discusses the ICC’s role in prosecuting war crimes, genocide, crimes against humanity, and aggression, all of which relate directly to SDG 16’s aim to promote peaceful and inclusive societies.
2. SDG 17: Partnerships for the Goals
   • The ICC operates through cooperation among member states and international organizations, highlighting the importance of global partnerships.
   • The article mentions collaboration challenges and the need for collective action to enforce international law.

2. Specific Targets Under Those SDGs Identified

1. SDG 16 Targets
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
     • The ICC’s mandate to try individuals for serious international crimes aligns with this target.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
     • The ICC as an independent judicial institution contributes to strengthening international accountability mechanisms.
   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development.
     • The ICC’s efforts to hold perpetrators accountable regardless of their position or nationality reflect this target.
2. SDG 17 Targets
   • Target 17.16: Enhance the Global Partnership for Sustainable Development, complemented by multi-stakeholder partnerships.
     • The ICC’s cooperation with member states and the UN exemplifies this target.
   • Target 17.17: Encourage and promote effective public, public-private and civil society partnerships.
     • The article’s discussion of the ICC’s partnerships and challenges in enforcement relates to this target.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators Related to SDG 16
   • 16.3.2: Unsentenced detainees as a proportion of overall prison population.
     • Implied through the ICC’s role in prosecuting individuals and ensuring justice.
   • 16.6.1: Primary government expenditures as a proportion of original approved budget, by sector (or by budget codes or similar).
     • Implied in the discussion about the ICC’s funding, sanctions, and operational capacity.
   • 16.6.2: Proportion of the population satisfied with their last experience of public services.
     • Implied by the ICC’s impact on public trust in international justice mechanisms.
   • 16.b.1: Proportion of countries that adopt and implement constitutional, statutory and/or policy guarantees for public access to information.
     • Implied through the ICC’s transparency and public indictments.
   • Additional implied indicators:
     • Number of cases heard by the ICC (31 cases, 10 convictions, 4 acquittals mentioned).
     • Number of countries ratifying or accepting ICC jurisdiction (over 100 members).
     • Number of domestic laws passed related to crimes against humanity in member states versus non-member states.
     • Number of human rights prosecutions and guilty verdicts following ICC investigations.
2. Indicators Related to SDG 17
   • 17.16.1: Number of countries reporting progress in multi-stakeholder development effectiveness monitoring frameworks.
     • Implied through the ICC’s cooperation with states and international bodies.
   • 17.17.1: Amount of United States dollars committed to public-private and civil society partnerships.
     • Implied in the discussion about sanctions affecting ICC operations and partnerships.

4. Table: SDGs, Targets and Indicators

Source: liberalcurrents.com