International Criminal Court Lecture Notes

Overview of Link TV and the Context of War Crimes

• Link TV connects viewers globally and is viewer-supported.
• Post-World War II era saw shock over Nazi atrocities.
• Allied forces had to decide on the handling of Nazi war criminals.

Nuremberg Trials

• U.S. argued for trials, while Britain and Soviet Union favored executions.
• U.S. stance highlighted the importance of the rule of law.
• Prosecution's objective was to affirm humanity's right to peace and dignity, regardless of race or creed.
• Defendants included 22 high-ranking SS officers accused of genocide.
• Emphasis on establishing genocide as a crime and accountability for war crimes.

Development of International Justice

• The Cold War affected international law evolution.
• Post-Cold War established tribunals in Yugoslavia and Rwanda to address mass atrocities.
  • 800,000 people were killed in the Rwandan genocide in 100 days.
• Tribunals were successful but costly and time-consuming.

Creation of the International Criminal Court (ICC)

• In 1998, 140 governments met in Rome to create a permanent international criminal court.
• Aimed to combat impunity for heinous crimes (genocide, war crimes, crimes against humanity).
• U.S. opposed the ICC, fearing a challenge to its sovereignty.
• Rome Statute overwhelmingly approved despite U.S. reservations.

Challenges Faced by the ICC

• U.S. opposition and desire to isolate the ICC.
• Principle of complementarity: ICC acts only when national courts are unwilling or unable to prosecute.
• U.S. policy proposed:
  • No financial support to ICC.
  • No collaboration.
  • No negotiations to improve the statute.

ICC's Role and Early Cases

• ICC seen as a "startup" organization aiming to address global justice.
• Symbol of hope and a new era of international collaboration.
• First case involved Thomas Lubanga Dilo, a militia leader accused of enlisting child soldiers.

Importance of Justice and Peace

• Many victims in northern Uganda wanted peace, even at the expense of justice.
• The ICC's investigation into LRA (Lord's Resistance Army) atrocities was critical.
• Arrest warrants issued against LRA leaders shifted dynamics towards peace negotiations.

Tensions Between Justice and Peace Initiatives

• ICC warrants complicated peace processes; LRA demanded withdrawal of warrants for dialogue.
• However, many believed peace without justice isn't sustainable.
• Community desires justice were expressed amidst calls for peace.

The ICC's Investigations in Darfur

• ICC became involved in Darfur following UN Security Council's resolution due to massive crimes.
• Prosecutor's challenges included gathering evidence and enforcing arrest warrants.
• ICC issued warrants against Sudanese leaders including President Omar al-Bashir for genocide and war crimes.

Conclusion of the Lecture

• The ICC aims to establish a framework for justice that transcends national boundaries, holding powerful individuals accountable.
• There is a belief that justice is essential for lasting peace.
• The ICC represents a significant step towards universal accountability for egregious offenses.