JP\/3\/B00<\/p>\n
Int'l criminal court: Deterrent to the wicked?<\/p>\n
Bantarto Bandoro
\nEditor, 'The Indonesian Quarterly'
\nCentre for Strategic and
\nInternationl Studies
\nJakarta<\/p>\n
After much delay and doubt over whether the East Timor human
\nrights trial would ever go head, early this year Indonesia
\nfinally took the historic step of opening a human rights tribunal
\nto prosecute those allegedly responsible for the violence in East
\nTimor in 1999, when the former Indonesian province voted for
\nindependence.<\/p>\n
The step was welcomed by certain members of the international
\ncommunity as Indonesia demonstrates its seriousness in trying
\nthose accused of crimes against humanity. Yet there has been
\nwidespread concern about whether the trial will be conducted
\nproperly and fairly. The world is also watching closely in the
\nhope that Indonesia can prove that no one, no matter their rank
\nor status, is above the law.<\/p>\n
In the event that the national legal process proves unable to
\ndeliver justice, some have raised the alternative of an
\ninternational human rights tribunal. The idea was raised earlier,
\ngiven the government's slow progress in initiating the trial.<\/p>\n
Officials insisted a national court would be better than an
\ninternational court, adding that the international community must
\nrespect Indonesia's decision. The Secretary-General of the United
\nNations, Kofi Annan, however at one time hinted that if the end
\nresults of the process were unsatisfactory, an international
\nhuman rights tribunal would be an alternative.<\/p>\n
Indonesia has experience enormous pressure from the
\ninternational community in just getting to the point of deciding
\nto adopt a national human rights tribunal. Strong demands for
\njustice from an international institution have added strength to
\nthe international community, as it sets to move a step closer
\ntoward establishing an international criminal court. The last few
\nratifications of the international treaty on a permanent
\ninternational court are expected to be lodged during a ceremony
\nat the UN in New York this week.<\/p>\n
This event will bring into being potentially the most
\nimportant human rights institution created in 50 years.<\/p>\n
Its task will be to pass judgment on the most grievous war
\ncrimes and crimes against humanity across the world, committed
\nafter it comes into being. Supporters of this court see it as
\npioneering a new era in which countries and individuals will be
\nmore easily held accountable for violations of international
\nhumanitarian laws, because it has the ability to try those
\naccused of genocide, crimes against humanity and war crimes. This
\nis indeed a historical development.<\/p>\n
One of the new court's most important aspects will be its
\npermanent status. Until now, international tribunals have been
\nestablished on an ad hoc basis. What an international court can
\ndo in contrast to a national court is bring with it a layer of
\nobjectivity and impartiality that at times is difficult to obtain
\nin a domestic setting. This is rather an optimistic view of the
\nrole of the international criminal court.<\/p>\n
But there are still some empty chairs at the court. The court
\nwould be a near-perfect solution to human rights abuses around
\nthe world if every country participated. Only then could real and
\nimpartial justice be assured. Like all multilateral institutions,
\nthe international criminal court will only be as strong as its
\nconstituent parts, and there are some fairly serious
\ninternational players missing. Russia, China and the United
\nStates have so far failed to ratify the Rome treaty establishing
\nthe court.<\/p>\n
As long as they scoff at the dictates of an international
\ncourt, there is no possibility for the court to play a
\nsignificant role in trying war criminals. The international
\ncriminal court would be reduced to a big costly showpiece. This
\nwould certainly guarantee uncertainty in the execution of the
\nlaw. It is doubtful then that the court would be a deterrent to
\nthe wicked. It is indeed a deep regret that some major countries
\nare not willing to put their energy at the disposal of
\ninternational justice, particularly when we are talking about
\ninternational justice versus terrorism. In the latter, one would
\nthink that it was perhaps better for countries to deal with their
\nown defendants.<\/p>\n
We have seen that those few countries which do undertake
\nnational prosecution of crimes against humanity are often
\nengaged in victor's justice, further tainted by unfair procedures
\nand verdicts, as in Rwanda and Ethiopia. Other national
\nprosecutions are incomplete and sometimes constrained, as in
\nArgentina, where a handful of junta leaders were prosecuted and
\nthen freed after only a few years in prison.<\/p>\n
Will Indonesia share such experiences? We will have to watch
\nthis trial closely to see whether verdicts are manipulated to
\nprotect senior officers. Perhaps the key issue is whether the
\ngovernment has the true political will to administer justice. If
\nnot, demands for an international tribunal will be revived.<\/p>\n
The unequivocal message from an international court is that
\nwhere domestic legal order has broken down, or where national
\nauthorities are unwilling or unable to punish gross violations of
\nhuman rights and international humanitarian law, the
\ninternational community has an obligation and a responsibility to
\nrespond. With the coming into force of the Rome Statute, the
\ninternational community will have accepted that responsibility.<\/p>\n
Thus, those who have campaigned long and hard for this day are
\nconfident that justice will prevail, and nations that are yet to
\nembrace the international criminal court will soon become
\nconvinced that it is a force for good. Although the national
\nhuman rights trial is now underway, Indonesia cannot escape from
\nthe forces that will be part of the determinant factors for
\njustice.<\/p>",
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