Six months after the international criminal court’s new Dutch palace of justice was formally opened on windswept sand dunes beside the North Sea, a tide of nationalist sentiment is threatening to undermine the project.
Three African states have begun withdrawing from its jurisdiction, raising fears that a succession of others will follow suit. Russia has removed its signature from the founding statute, the Philippines and Kenya are openly contemplating departure and key member nations – including the UK – have limited its funding.
The tribunal embodies international efforts to prosecute those responsible for genocide, war crimes and crimes against humanity, but in 2017 it will face serious challenges to its credibility, insiders say.
Brexit, the election of Donald Trump and derogations from the European convention on human rights all represent a common theme of emphasising national interests over international – usually stigmatised as “foreign” – laws.
The most immediate threat is the move by Burundi, South Africa and the Gambia, which in the last quarter of 2016 have all served notice of intention to withdraw, citing complaints that ICC prosecutions focus excessively on the African continent.
Their exits, which will come into force a year after they served notice, will leave 121 member states that have ratified the 1998 Rome statute. China, the US, India, Russia, Indonesia and Israel are among those who have refused membership.
0 comments: