Does the ICC Matter?

Some argue that the fuss over Palestine’s efforts to join the Internaitonal Criminal Court show how relevant the institution still is. The move “could open the door to possible investigation and prosecution of war crimes in the Palestinian Territories” according to Marina Barakatt of the American Society of International Law.

But the ICC has proven to be slow-moving and frequently ineffective–as driven by its Security Council member state masters:

Neither China nor Russia nor the United States has signed the treaty that created the court, but as veto-wielding members of the Security Council, all three can exert influence, chiefly by protecting their allies from its reach.

Only recently, the court was dismissed as ineffective, or even irrelevant. It was ambitiously designed to try the gravest offenses: genocide, crimes against humanity and war crimes. But the tribunal, based in The Hague, has been hamstrung from the start. It does not have the power to arrest those it indicts, nor to force defiant government authorities to cooperate. It can initiate cases against countries that have signed up — 123 states as of April 1, when the Palestinian accession to the court starts — or if the Security Council refers cases to the tribunal.

via Is the War Crimes Court Still Relevant? – NYTimes.com.

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