The international criminal court (ICC) has delivered the
first verdict in its 10-year history, finding Thomas Lubanga, a Congolese
warlord, guilty of recruiting child soldiers. Lubanga is one of 15 cases before
the ICC, the world's first permanent war crimes tribunal, which opened in July
2002 to prosecute the perpetrators of genocide and crimes against humanity. Until
the ICC, international tribunals had been set up on an ad hoc basis, notably
for the former Yugoslavia and Rwanda. But human rights advocates had long
pressed for an independent and permanent criminal court, as opposed to courts
established for specific conflicts with a limited shelf life. The international
tribunal for the former Yugoslavia, established in 1993, is to wind up by 2014.
In 1998, 120 states adopted the Rome statute, the legal basis for establishing
the ICC. The statute entered into force four years later, when it was ratified
by 60 countries. Only the US, Israel, China, Iraq, Libya, Qatar and Yemen have
not ratified the Rome statute. The US, however, has tempered its outright
opposition to the court since George W Bush left office in January 2009. Under
the Obama administration, the US has supported the ICC's investigation and
prosecution in Sudan. The first arrest warrants ever issued by the ICC in The Hague
were aimed at Joseph Kony, and four of his LRA commanders, for crimes against
humanity and war crimes. The 2005 indictments include charges of murder, rape,
the sexual enslavement of women and girls, and forcing children to fight. Under the Rome statute, the court's
prosecutor, Luis Moreno-Ocampo, can launch an investigation on the basis of a
referral from any state that accepts the ICC's jurisdiction, or from the UN
security council. In addition, the prosecutor can initiate investigations on
the basis of information on crimes from individuals or organizations. This is a fantastic advancement to be able to
prosecute war criminals, who have committed multiple offences against many different
countries, without the bias of one specific country. I believe that the US, as well as Israel,
China, Iraq, Libya, Qatar, and Yemen should adopt this criminal court which has
popularly spread around the world. It is
important for all nations to maintain a sense of unity, while also maintaining
their independence. This is definitely a
good thing.
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