Louise Arbour, former Prosecutor of the International Criminal Tribunal for the former Yugoslavia and United Nations High Commissioner for Human Rights, considers that it was a mistake for the International Criminal Court to charge Sudan’s President, Omar el-Bachir. In an interview with Montreal journalist Yves Boisvert, published in La Presse, shesaid the charge ‘weakened’ the Court. ‘I participated in the Commission of Inquiry (into the Darfur massacres), I appeared before the Security Council so that the case would be referred to the Court; but in hindsight, I realize that it was a very bad idea’, she said.
Referring files of countries that have not joined the Court ‘discredits’ the Court, according to Louise Arbour. Furthermore, the Security Council refers situations but provides ‘no political or operational support’ to arrest the accused.
Noting that soon the tribunals for the former Yugoslavia and Rwanda will conclude their work, ‘comparisons are invited’. Despite criticisms, the two temporary institutions produced very concrete results: more than 200 accused, many judgments, leaders who were charged, and so on… By comparison, according to Louise Arbour, the International Criminal Court has issued one judgment in ten years. The coming years will be critical for the Court, she admits.
Thanks to Nicolaos Strapatsas.
It sounds a precise insight into the ICC's functioning regarding its goals. The ICC as an internatinal institution is an actor and agency in the international sphere, and as one of its subject it shall play under international law. The state consent, better or worse, plays a prominent role which must be considered. Each change in this direction must be follows gradually and step by step. Arrest warrant agains Al-bashi violates the current cu stormy law, namely the immunity of an acting head of states vis-a-vis other sates. If the Court seeks to change the future of international law by change its customs it must do it gradually not in its first stage.
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