WikiLeaks Puts International Criminal Court Credibility On The Line
Is whistle-blowing website Wikileaks putting the international war crimes tribunal in an uncomfortable position? Afghanistan war logs leaked by Wikileaks could eventually be used in a war crimes trial with Americans in the dock, according to Luis Moreno-Ocampo, prosecutor at the International Criminal Court (ICC). However, theres huge scepticism over whether the ICC would actually have the guts to take on the US. So far only five proceedings have been launched all relating to African countries. Afghanistan is a party to the treaty that established the ICC, which is based in The Hague. The ICC is thus empowered to prosecute war crimes, crimes against humanity and genocide in Afghanistan when the national authorities are unwilling or unable to investigate themselves. ICC procedures are complex. For example, the ICC will not look at potential atrocities in Iraq because Iraq, like most Arab countries, is not a member state (only Jordan, Djibouti and Comoros are members). However, the ICC has issued a warrant against Sudanese president Omar Bashir on charges including genocide in Darfur. Sudan is not a party to the court, but UN Security Council Resolution 1593 referred Sudan to the ICC and obligates it to cooperate. The US is also not a party to the court. As a permanent veto-wielding member of the UN Security Council, it is unlikely ever to allow the 15-nation body to refer it to the ICC. So will any of this ever come to anything? Ocampo says: We have to make a decision about what to do there. Is the courts credibility on the line?
Tom Spender, Freelance Journalist & Photographer In Beijing
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