Karen_A._Mingst,_Ivan_M._Arregu_n-Toft]_Essentia

(Amelia) #1
Specific Human Rights Issues 381

In light of the difficulties with the ad hoc tribunals, in 1998, states under UN aus-
pices concluded the Rome Statute for the International Criminal Court (ICC), an
innovative international court having both compulsory jurisdiction and jurisdiction
over individuals.^17 Four types of crimes are covered: genocide, crimes against human-
ity, war crimes, and crimes of aggression. No individuals (save those under 18 years
of age) are immune from jurisdiction, including heads of states and military leaders.
The ICC functions as a court of last resort, hearing cases only when national courts
are unwilling or unable to deal with prosecuting grave atrocities.
In 2003, the work of the ICC began; in 2016, the almost 25 cases on the docket
address war crimes or crimes against humanity. Most of these cases involve crimes com-
mitted in African countries, and few have been given extensive attention in the West-
ern media. The arrest warrants for Sudanese president Omar Hassan al- Bashir and
Joseph Kony of the Lord’s Re sis tance Army are prominent exceptions. In 2014, Con-
golese warlord Bosco Ntaganda was captured and accused of war crimes including
rape, murder, and use of child soldiers.
Yet the ICC is controversial. Many of its supporters see the court as essential for
establishing international law and enforcing individual accountability for actions taken
during conflict. Others, including the United States, China, India, and Turkey, are
critical. Specifically, the United States objects to provisions of the statute that might
make U.S. military personnel or the U.S. president subject to ICC jurisdiction, believ-
ing that the United States has “exceptional” international responsibilities as a hegemon
that should make its military and leaders immune from the ICC’s jurisdiction. The


Judges of the International Criminal Court render an acquittal in February 2015 for Congolese
ex- militia boss Ngudjolo Chui.

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