Unite to end war crimes

 

The International Criminal Court ICC : an indispensable instrument against impunity in the 21st century

By Hansuli Gerber; reprinted with permission 

“We need to demonstrate that international justice is relevant to people’s lives, that we can move quickly and effectively. People need to see the law in action.“ - Prosecutor Karim Khan in an interview with BBC World News on Good Friday, April 15, 2022 in Ukraine.

The appalling and illegal military invasion of and aggression against Ukraine ordered by Russian President Vladimir Putin and its subsequent crimes against humanity are a compelling illustration of the urgent need for an international legal instrument to handle accusations of atrocities and massacres. Such an instrument actually does exist but it is considerably weakened by the absence of some of the larger nations and because it is not sufficiently understood and supported by ordinary people.

The Nuremberg trials in 1945/46 demonstrated the importance of an independent international panel to sort out war crimes and crimes against humanity in a world where war goes way beyond two belligerent armies and disposes of ever more technology for indiscriminate killing and destruction.

The United Nations exist since after WW II to prevent war and work against impunity. The community of nations is committed to assure legal provision and instruments to watch over human rights and war crimes.

In this vain, the International Criminal Court (ICC or ICCt)[2] is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. It is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states. (https://en.wikipedia.org/wiki/International_Criminal_Court)

Victims of war crimes and their families have a need - and since the 20th century a right - to know the truth and see perpetrators being held accountable for crimes in situations of armed conflict and war. Karim Khan: “The voices of those impacted by alleged crimes must be at the centre of our independent work to establish the truth. Survivors and the families of victims will be full partners in our collective efforts to deliver justice”. (ICC tweet 15 April 2022)

For example, it is commonly known that a soldier is obliged to follow orders issued in his chain of command. However, under international law and as a consequence of the trials after WW II, military personnel, regardless of their status in the hierarchy, as anyone else, can and must be held accountable for war crimes they committed. Thus a soldier or officer can’t hide behind the argument that they were simply following orders. Nor can a head of an army or state claim impunity by referring to uncontrolled behavior of his subordinates.

The international treaty providing for the International Criminal Court is referred to as the Rome Statute and assures that the Geneva Conventions are being respected and applied. 123 states signed the treaty, including the United States. However, the US subsequently withdrew its signature in an attempt to avoid its military to be charged by the ICC. Now, in light of the atrocious situation in Ukraine, that’s becoming a tragic embarrassment. 

Today the calls for the US to fully integrate the ICC become numerous and it appears logical, both legally and morally, that the Nation which considers itself in a leading position among free and democratic states not stand aside when it comes to international criminal justice. The ICC as an intergovernmental organization and an international tribunal it is far from perfect but it is the only one instance that can handle war crimes somewhat objectively and independently.

 US citizens, in particular Christians with a sense of responsibility and accountability, should now ask their government to no longer stand aside within the international community and assume its role as a responsible nation that holds others accountable, even as it also submits to being held accountable. Anything less would be less than credible and just.

Hansuli Gerber is a  retired Swiss Mennonite minister and a member of Swiss Anabaptist Forum for Peace and Justice, as well as the KOFF-Swiss Forum for Peace advisory board.   He is also the UN representative for the International Fellowship of Reconciliation