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International Crime

There is a big and growing body of international law, defined in treaties among States. Much of this is regulatory civil law-- e.g. marine, aircraft, communications, most recently the Law of the Sea. These regulatory treaties include institutional oversight-- e.g. for aviation ICAO in Montreal; and for the Law of the Sea its council in Hamburg. Civil disputes between States that can't be settled within the treaty frame go to the International Court of Justice in the Hague, an organ established in the UN charter.

There is also a considerable body of international criminal law, also Treaty law, but no court exists to prosecute these crimes. Early UN plans for an International Criminal Court were shelved until the Security Council woke up after the Cold War. Lacking the stomach-- guts-- to take on ex-Yugoslavia and Rwanda, the Security Council created ad hoc War Crimes Tribunals for these disasters. The UN Law Commission had gone a long way toward drafting statutes for an International Criminal Court; and this work was used in establishing these ad hoc Tribunals. The technical and political experience already gained in these Tribunals is relevant and helpful as the UN moves towards a permanent criminal court. The Tribunals have had to work with minimal staff and facilities compared to any middling national system. Their main problem has been apprehending the accused, for which the Tribunals have neither means nor authority. National governments or, in ex-Yugoslavia, NATO's IFOR troops, are supposed to do that. Governments have been slow and NATO has been squeamish, but the Tribunals are actually functioning. Rwanda with its thousands of jailed suspects is beyond any conceivable international capacity. For political impact, top leaders must be tried. They haven't been handed in yet.

Meantime, while inter-state skirmishes and bloody civil wars go on, the international community marches on toward completing a Treaty creating the very first International Criminal Court. With General Assembly mandate, four working sessions of a Preparatory Committee (Prepcom) are leading up to a formal "diplomatic conference" in Rome 15 June-17 July 1998. Canada has given strong support, chairing the December Prepcom. The Rome Conference is expected to do the final touch-up and to okay the draft. Formal approval would follow in the next General Assembly. The Court will start up when enough governments ratify.

The Court will have jurisdiction over:

It may also cover certain instances of aggression where the Security Council has not acted, but this is a highly political issue that probably will be settled only at the diplomatic conference in Rome.

National authorities have first responsibility to prosecute. The International Court would take over when requested or when national systems fail. Differences between national and international law would have to be sorted out. Whereas the ICJ in the Hague deals with States, this Court will try individuals. It is not yet clear whether individuals will be able to take complaints to the Court.

A strong and sophisticated international NGO coalition, inspired by Bill Pace of World Federalists, has made a significant contribution to the technical preparations and to pushing along the whole process. This is recognized in the open door to NGO participation in the Preparatory Committee and in the Plenary Conference.

The existence and functioning of an International Criminal Court will plug a big hole in the international strategic forces for the rule of law, for conflict prevention and for peace.

Subtext to all this is the successful adoption by this G.A. of a Treaty to control terrorism, tightening up existing Treaties. In addition the UN offices on crime and drugs (Vienna), consolidated under the veteran Italian mafia-basher Pino Arlacchi, will put spice in the pot, just as the UN prepares a special G.A. session on narcotics 8-10 June 1998. The G.A. also established an intergovernmental expert group to draft a "convention" (treaty) against transnational crime. The Tenth UN Congress on Crime Prevention and the Treatment of Offenders is to be held in the year 2000.