Join the ICC

By: Bikal Dhungel 

International Criminal Court (ICC) came into existence after the allied powers gained victory over Nazi Germany in World War II. Major Officers and the ones held guilty of war crimes and crimes against humanity were tried in Nuremberg, Germany in  so called ‘Nuremberg Trails’. Among the verdicts were Hermann Goering, president of Reichtag, who was convicted and hanged to death and Rudolf Hess, deputy to Adolf Hitler. The Nuremberg Tribunal was the birth of an International Criminal Court, with a principle “Persons who commit international crimes (war crimes, crimes against humanity, and crimes against peace) are criminally liable and subject to universal jurisdiction”

122 countries of the world today are the members of ICC. Many have signed the membership but not yet ratifed it. However, even in the presence of ICC, many atrocities have taken place. In Yugoslavian conflict, a war broke out and many officials were guilty of war crimes. Slobodan Milosevic of Serbia was tried in the ICC and found guilty. The Yugoslavian Tribunal also brought other guilties to justice. The International Community created Ruanda Tribunal for the genocide that took place in 1994 when Hutu militants killed almost a million ethnic Tutsis within 3 months. In 2002, Sierra Leone Tribunal was created. Then again in 2006, tribunal was created for Khmer Rouge of Cambodia for the crimes that were committed in the killing fields of Cambodia. This has been an achievement for the sake of justice. 

Not to forget, many others enjoyed or still enjoy the freedom despite doing the war crimes. Joseph Stalin’s terror is known to us all, why nobody pointed a finger on him? Amin of Uganda killed almost half of his country’s population, why nothing happened? Joseph Kony, about whom a big facebook campaign was made to tell the horrors of his Lords Resistence Army in Uganda who have kidnapped over 60,000 children and forced them to take weapons. Why nothing is happening? Why Srilanka’s Mahinda Rajapakshya isnt held responsible for war crimes against Tamil minority? The problem is, these countries do not recognize the International Criminal Court. The ICC can only take action within the member states. 

There is another problem which is ‘Trading justice for Peace’. For example an Army Officer topples a government, takes power in hand and fires thousands of people to death. Then International community intervenes. The officer is unwilling to step down, so he now involves in guerilla warfare. If it continues like this, additional lives will cost and there’ll be much financial burden to both sides. Then the international community makes an offer to the officer, if he allows an election and let a democratically elected politician rule the country, he will be exempted from punishment and can live in exile in any other country. There are many many examples of ‘Trading for Justice’. Idi Amin, after killing so many people, fled Uganda to Saudi Arabia. Charles Taylor fled Liberia to Nigeria, which was a deal negotiated by the United States. In one side it stops violence and saves life but in the other hand, is it justice for the victims who lost their loved ones in the hands of war criminals? Isn’t it our moral duty to hold the criminals accountable for their deeds and bring them to justice whatsoever? Is is fair to let people commit crime first and then send them to exile to enjoy their retirement? Trading justice for peace doesn’t stop any potential war criminal from taking such actions. Adolf Hitler pointed towards Turkish military officers who massacred a million Armenians in World War I who were not held accountable. That gave him a green light to pursue his dream that ended in a catastrophe.

Any form of crimes in today’s time should be avoided and those who still commit it must be brought to justice. Still, many countries including China and India aren’t the member of ICC. Yes, according to ICC statute, it’s not possible to bring those who are citizens of countries that havent signed the ICC treaty. But if the war crime has been done in a foreign territory which is a part of ICC, the international community can make the use of force to bring him to justice or impose economic sanctions. 

Hence, being a member of ICC helps countries in two ways. 1) It might minimize the chances of foreign aggresion towards the particular country because they fear actions from international community. 2) Anyone within the country is then less likely to commit any crime because he again will fear that he’ll be transferred to ICC in The Hague if found guilty. So, especially countries that have vulnerable economic situation, it is a good option because where there is no functioning economic system, democracy is more likely to suffer and chances of sectoral or ethnic violences increase. When ethnic violence increases based on culture or religion, war crimes are more likely. Most of the War Crimes in the past were commited in ethnic grounds for example in Yugoslavia and Ruanda. 

Nepal should immediately join the ICC based on current political scenario. The Maoists who were responsible for War Crimes are still likely to choose the way of violence, at least some wings. Crimes within the jurisdiction of ICC includes: War Crimes, Crimes against humanity and Genocide. Maoists committed the first two. There are records of childrens being abducted to admit in the guerilla force, killings of journalists, teachers, students, family members of national army and many who raised the voice against maoist ideology. I personally also consider the bombing of infrastructures like schools, bridges, hospitals and hydropower projects a crime against humanity because it prohibits the poorest of the poors from using the already limited resources and bombing the schools stripes off the children from education and from a good future. Maoists don’t need to justify their deeds by telling that they want equality and justice. Where is justice when you don’t let the poorest of the poors drink clean water? Where is justice if you bomb a hospital? The maoist ideology contradicts with itself and in today’s political scenario; this is a proof that their intention is not to re-build a nation rather just to fill the pockets of party members. 

The Peace Process was signed in order to stop violence but violence continued again, only in another form and it is rising and might one day go back to the same situation that caused 14,000 deaths. But we can avoid it. First step for that is to become the member of ICC. Then, those who vow to return to violence and exercise it, could be tried in the court and sent to the ICC. This might make them think twice before taking any such actions. By this way, we can save life. Join the ICC.