The International Criminal Court is unfit for purpose
By Dr David Hoile | MEMO | July 29, 2015
The debate that has opened up regarding the International Criminal Court as a consequence of South Africa’s decision not to arrest Sudanese president Omar al-Bashir while he was attending the recent African Union summit in Johannesburg and Palestine’s successful application to join the court is long overdue.
The pursuit of justice, in the wake of wrong-doing and especially in the face of crimes against humanity and war crimes, is one of mankind’s most noble instincts. The International Criminal Court was embraced with understandable enthusiasm by a wide range of people, non-governmental organisations and governments when it came into being on 1 July 2002. Less than eight years later, however, the ICC-friendly Economist found itself obliged to publish an article about the court entitled “International justice: Courting disaster?” The court had already shown the behaviour that would come to irretrievably undermine it. Entering the fourteenth year of its existence, the International Criminal Court still finds itself unable to credibly respond to allegations of selectivity, racism, incompetence and impotence.
With hindsight, it can be seen that the Court clearly contained the seeds of its own destruction from the start. Good law evolves over decades. It is said that a camel is a horse designed by a committee. The ICC is a court designed by non-governmental organisations. The Rome statute was driven and largely drafted by non-governmental organisations within a month on a take it or leave it basis. The chief counsel of the Israeli delegation in Rome at the time noted of the NGOs that were present that “They were in on nearly every meeting. They were in on everything.” The end result was a founding statute that that even avid fans of the ICC acknowledged was seriously flawed. The resultant ICC is a judicial Frankenstein’s monster.
Many of those who initially welcomed the establishment of the court were African. They joined an institution they were assured would be independent and which would proceed without fear or favour. The body before them today, however, bears little resemblance to what was claimed of it in 2002. Despite having received almost 9,000 formal complaints about alleged war crimes in at least 139 countries, the ICC has focused exclusively on Africa, choosing to indict 36 black Africans in eight African countries. African heads of state have perhaps understandably spoken of “race hunting” by a court largely funded by Africa’s former colonial powers. Unsurprisingly, the African Union has publicly called upon its 54 members not to co-operate with the court.
The credibility of any court is its independence. The truth is that the ICC is as independent as the United Nations Security Council, and its European funders, lets it be. Far from being an independent, impartial, international court, the ICC is inextricably tied to the UN Security Council. Articles 13(b) and 16 of the ICC’s own statute grant special “prosecutorial” rights, to refer or defer an ICC investigation or prosecution, to the Security Council, or more specifically to the five Permanent members of the Security Council. Political interference was thus made part of the Court’s founding terms of reference. There is the deeply questionable situation whereby three of the five Permanent members – the United States, China and the Russian Federation – who are not members of the Court, claim to be able to refer other non-signatories to the Rome Statute to the Court when it is politically expedient for them so to do, something they have done on two occasions. The former UN Secretary General Kofi Annan has admitted that “questions of credibility will persist so long” as three of the five permanent members of the Security Council are not parties to the Statute.
The court is also inextricably tied to the European Union which provides over 60 percent of its funding. The ICC has come to be seen within Africa very much as a European-funded and directed instrument of European foreign policy. The United States has forcefully pointed out that the ICC is a kangaroo court, a travesty of justice open to political influence, and has said that no American citizen will ever come before it.
Politics aside, the sheer incompetence of the Court at a basic level has been breathtaking. The court’s proceedings thus far have often been questionable where not simply farcical. Those who brought the ICC into being appear to be more concerned with gender balance rather than competence on the bench. Its judges – some of whom have never been lawyers, let alone judges – are the result of grubbily corrupt vote-trading amongst member states. Far from securing the best legal minds in the world this produces mediocrity. There is more than a passing resemblance to FIFA in as much as at least one elected “judge” had neither law degree nor legal experience but her country had contributed handsomely to the ICC budget. The Court has produced witnesses who recanted their testimony the moment they got into the witness box, admitting that they were coached by non-governmental organisations as to what false statements to make. Dozens of other “witnesses” have similarly disavowed their “evidence”. Most recently the ICC prosecutor had to admit that one of its own star witnesses in its case against Kenyan Vice-President Ruto was “a thoroughly unreliable and incredible” witness. Much the same can be said about the ICC as a whole.
There have been numerous examples of prosecutorial misconduct, not least of which the ICC Chief Prosecutor hiding hundreds of items of exculpatory evidence, which should have ended any trial because they would have compromised the integrity of any legal process. The same Chief Prosecutor was not only seemingly unaware of the basic legal concept of presumption of innocence but also threatened to criminalise third-parties who might argue a presumption of innocence on the part of those indicted – and as yet unconvicted – by the court.
But most disturbingly of all, while claiming that preventing and ending conflict is its most important raison d’etre the ICC’s pseudo-legal blundering has derailed delicate peace processes across the continent – thereby prolonging war. One can expect more of the same from any involvement it may come to have in the Middle East.
The reality is that the International Criminal Court is a billion Euro white elephant that is simply unfit for purpose. It has been a disaster for the concept of international justice. If the answer is the International Criminal Court, it must have been a stupid question.
The writer is the author of Justice Denied: The Reality of the International Criminal Court, a 610-page study of the International Criminal Court published by the Africa Research Centre. The book is available to read or download at www.africaresearchcentre.org The author can be contacted by email atafricaresearchcentre@gmail.com.
Share this:
Related
July 29, 2015 - Posted by aletho | Deception, Timeless or most popular | Africa, European Union, ICC
No comments yet.
Featured Video
The Battle for Zaporizhzhia – Part 34 of the Anglo-American War on Russia
or go to
Aletho News Archives – Video-Images
From the Archives
Revealed: The Israeli Spies Writing America’s News
By Alan MacLeod | MintPress News | October 16, 2024
One year after Oct. 7 attacks, Netanyahu is on a winning streak.” So reads the title of a recent Axios article describing the Israeli prime minister riding on an unbeatable wave of triumphs. These stunning military “successes,” its author Barak Ravid notes, include the bombing of Yemen, the assassinations of Hamas chief Ismail Haniyeh and Hezbollah leader Hassan Nasrallah, and the pager attack against Lebanon.
The same author recently went viral for an article that claimed that Israeli attacks against Hezbollah are “not intended to lead to war but are an attempt to reach ‘de-escalation through escalation.’” Users on social media mocked Ravid for this bizarre, Orwellian reasoning. But what almost everybody missed is that Barak Ravid is an Israeli spy – or at least he was until recently. Ravid is a former analyst with Israeli spying agency Unit 8200, and as recently as last year, was still a reservist with the Israeli Defense Forces group.
Unit 8200 is Israel’s largest and perhaps most controversial spying organization. It has been responsible for many high-profile espionage and terror operations, including the recent pager attack that injured thousands of Lebanese civilians. As this investigation will reveal, Ravid is far from the only Israeli ex-spook working at top U.S. media outlets, working hard to manufacture Western support for his country’s actions. … continue
Blog Roll
-
Join 2,457 other subscribers
Visits Since December 2009
- 7,506,309 hits
Looking for something?
Archives
Calendar
Categories
Aletho News Civil Liberties Corruption Deception Economics Environmentalism Ethnic Cleansing, Racism, Zionism Fake News False Flag Terrorism Full Spectrum Dominance Illegal Occupation Mainstream Media, Warmongering Malthusian Ideology, Phony Scarcity Militarism Progressive Hypocrite Russophobia Science and Pseudo-Science Solidarity and Activism Subjugation - Torture Supremacism, Social Darwinism Timeless or most popular Video War Crimes Wars for IsraelTags
9/11 Afghanistan Africa al-Qaeda Australia BBC Benjamin Netanyahu Brazil Canada CDC Central Intelligence Agency China CIA CNN Covid-19 COVID-19 Vaccine Donald Trump Egypt European Union Facebook FBI FDA France Gaza Germany Google Hamas Hebron Hezbollah Hillary Clinton Human rights Hungary India Iran Iraq ISIS Israel Israeli settlement Japan Jerusalem Joe Biden Korea Latin America Lebanon Libya Middle East National Security Agency NATO New York Times North Korea NSA Obama Pakistan Palestine Poland Qatar Russia Sanctions against Iran Saudi Arabia Syria The Guardian Turkey Twitter UAE UK Ukraine United Nations United States USA Venezuela Washington Post West Bank WHO Yemen Zionism
Aletho News- Trump admits US sent weapons to fuel riots, terrorism inside Iran
- Iran sues US at Hague tribunal, demands war reparations for June 2025 aggression
- In letter to UN, Yemen calls for end to blockade, sabotage by US, allies
- China rejects Israel’s ‘groundless’ allegation of missile support for Iran
- Why did Washington impose sanctions on China before the Trump-Xi summit?
- A $1.5 Trillion Military Budget is a Gift to the Grifters
- The Battle for Zaporizhzhia – Part 34 of the Anglo-American War on Russia
- The Next Indictment Should Be Against Greg Folkers
- Trump ‘frustrated’ with Cuba’s ability to withstand pressure, considers military action
- Nearly $22 billion secretly shipped to Ukraine – Austrian politician
If Americans Knew- How Israel Turned Eurovision’s Stage Into a Soft Power Tool
- Palestinians in Jerusalem receive only 7% of housing units
- If not stopped, Israel will wipe out Christians from Palestine by 2050: Bethlehem pastor
- Hidden Deep in an NPR Story About a Man Who Threatened to Kill Jews at Cornell… He Admits He Did It to Make People Love Israel
- Peter Mandelson: the untold Israel connection
- Epstein Advised U.S. Treasury on Crypto During Obama’s Iran Sanctions Push
- Pro-Israel neocon who promoted Iran war describes its disastrous results, By Arnaud Bertrand, reposted from X
- War on Iran: Senior royal says Saudi Arabia avoided Israeli plan to ‘plunge region into ruin’
- Israeli forces, settlers growing bolder, more violent in West Bank – Daily Update
- The Silence That Meets the Rape of Palestinians
No Tricks Zone- German Expert: “No Climate Crisis” …”Warming Generally Better For Humanity”
- New Paleo Research: Modern ‘Climate Change’ Has Had No Apparent Impact On Precipitation Patterns
- 90% Subsidized… Bielefeld Germany’s €7 Million Hydrogen Garbage Truck Fleet Sits Idle
- New Study: Declining Trends In 1980-2023 Tropical Cyclone Frequency, Accumulated Energy
- 46 IPCC Scientists Break Rank, Publicly Challenge Long-Standing Dogmatic Climate Claims
- Another Study Links Warming To Cloud Forcing, Shortwave Radiation, Natural Atmospheric Circulation
- Wind Energy Is Toxic, Hazardous To Human Health, Scientific Review Shows
- Oversupply Of Volatile Solar Energy Leads To Record NEGATIVE Prices!
- New Study: Extreme Heat Records, Heatwaves, Extreme Cold Records Declining Across US Since 1899
- It’s The Cold, Stupid! Cold 20 Times More Lethal Than Heat, Multiple Studies Show
Contact:
atheonews (at) gmail.com
Disclaimer
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.

Leave a comment