Need for international assistance
Experts are generally in agreement that an effective investigation strategy does not depend on the court alone; the international community also has a huge role to play. Evidence from other international tribunals would seem to support this.
“Remember that the ICTY succeeded in part because the United States and the European Union conditioned aid and acceptance into the EU on cooperation with the court, which allowed the ICTY to have access to witnesses, documents, and accused persons,” Whiting said. “Unfortunately, the ICC will have to be more realistic about whether countries – situation countries or other influential countries – will really help the court when there is a case. Sometimes they will, but sometimes they won’t.”
In countries where the ICC launches investigations, there are often few political incentives to ensure that required level of cooperation is forthcoming. This is an area where states committed to international justice can provide meaningful support.
“Governments need to provide real and practical assistance that isn’t loaded in favour of or against particular individuals, groups or factions,” Lord Justice Fulford said. “Witnesses frequently require relocation and protection, and generally substantive help is necessary for the process of gathering evidence in complex and sometimes dangerous situations.
“This inevitably involves money, manpower and diplomacy. These investigations are so vast and complicated that it is very difficult for the court to do it all by itself.”
As well as cooperation and diplomatic backing, the ICC also needs resources. The OTP says a larger budget from member states would help it collect evidence more quickly and develop the court’s forensic capacity. De Smedt says that there are plans to double the number of in-house forensic experts from four to eight.
Member states will meet in The Hague in November to discuss whether to increase the court’s budget. The proposal currently on the table is to increase the budget from 115 million to 126 million euro, with an additional 7.5 million going to the OTP. This would put the OTP’s budget at just under 36 million euro.
The international community has often been accused of failing to back the ICC fully, both with funding and on broader issues. De Smedt accepts that the actions of member states are often governed by national considerations rather than their obligations under the Rome Statute. But he believes their full support is essential if the court is to have a meaningful and lasting impact.
“If the international community is not willing to stand up for justice, then justice will not happen,” he said.
(Blake Evans-Pritchard – an IWPR contributor in The Hague and Simon Jennings, IWPR’s Africa Editor in London contributed to this report)