Author: Francisco RUBIO
Abstract
The genesis of the International Criminal Court (ICC), created by the Rome Statute (1998) and which entered into force in 2002, constitutes the culmination of a philosophy according to which there can be no peace without justice. Distant historical precedents (Hagenbach’s trial, Kant’s reflections) and aborted attempts in the 19th and 20th centuries (Gustave Moynier, Treaty of Versailles, SDN) are mentioned. After the Nuremberg and Tokyo tribunals, a long silence ensued during the Cold War. The fall of the Berlin Wall (1989) then the wars in former Yugoslavia and the Rwandan genocide (1991-1994) restarted the process, culminating in the Rome conference (1998). The ICC, which has jurisdiction over four crimes and has subsidiary jurisdiction, has 125 states parties but neither the United States, nor Russia, nor Israel are members. The first criticisms of the Court highlighted several fears: it would risk obstructing peace, would only provide justice to the “weak” and would focus excessively on Africa. Twenty years after taking office, the Court now arouses the concern of certain leaders (Israel, Russia) and faces unprecedented pressure (American sanctions, various threats). Prosecuting the perpetrators of crimes contributes to peace by putting an end to impunity, even if justice cannot, on its own, stop conflicts.
Keywords: International Criminal Court, Rome Conference, International relations, International law, Peace, Justice, Human rights, War crimes, Crimes against humanity, Genocide, Geneva Conventions, SDN, United Nations, Former Yugoslavia, Rwanda
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