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4 Amsterdam L.F. 1 (2012)

handle is hein.journals/amslawf4 and id is 1 raw text is: amsterdamlawforu m
VU Uni-wrsity Ans terda
EDITORIAL: WINTER ISSUE
1 July 2002 is a date of historical significance. On that day an international
treaty came into force which created a permanent international criminal court
that could potentially hear any case of mass atrocity anywhere in the world.
The court is a unique institution in the history of mankind. International
criminal tribunals had been created before, however their jurisdiction was
always limited to certain specific conflicts. As was the case after the Second
World War, some tribunals were even limited to prosecuting just one party to
a conflict. The International Criminal Court marked a clear breaking point from
this: irrespective of political outcomes, it would bring perpetrators of
international crimes to justice.
The reader may already hear the drums and trumpets in the distance.
However, is the International Criminal Court a success? This year is the 10th
anniversary of the Court's creation. A good opportunity to celebrate, but also
to reflect on the question where the Court stands today. Although a large
number of states have ratified the Rome Statute over the past years, major
political powers such as the United States, Russia and China still have not.
Moreover, a notorious fugitive of the court, Sudanese president Omar al
Bashir, has not been arrested even though he has travelled to states that were
under the obligation to do so. To put it mildly, the Court's authority is not
universally accepted yet.
The Court is currently investigating six situations where atrocities have
allegedly been committed. It is clearly trying to live up to its global reach by
running many cases at the same time. However, the Court, in particular the
Prosecutor, has been criticised for practicing neo-colonial politics by focusing
primarily on African countries. Does this indeed affect the legitimacy of the
Court? Moreover, no trial has been completed yet. Protracted trials have been
a focal point of critique at the tribunals for Rwanda and the Former Yugoslavia.
Can international criminal justice ever be delivered swiftly? More questions
can be added to this: is victim participation a success? Is the recently adopted
definition of the crime of aggression a good idea? How does the court function
in ongoing conflicts? Is it a catalyst or an obstacle to peaceful settlement?
On 14 May Amsterdam Law Forum will host its third annual conference at VU
University's campus themed: The International Criminal Court at 10: Where do
we stand? During the conference these and other questions will be discussed
by leading practitioners and academics in international criminal law. We have
a promising line-up of speakers and a detailed program will be released

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