Tuesday, March 31, 2009

International Law and Playing Our Part

The ICC is unable to fulfill its mandate. The Organization cannot manage to arrest a man known for committing genocide, because it has no means of enforcement of its decisions. This is devastating to its cause and its reputation.

The whole point of such an organization is to deter humans from acting out such inhumane and widespread campaigns as genocide. It is to balance against powerful individuals who feel they have no constraints under national law. This is especially the case for leaders who incite acts of terrorism against their citizens.

Leaders, however, are extremely difficult to arrest once and international warrant has been passed by the jury. They are not likely to be turned in on their own soil, so the ICC has to wait for them to leave. Even once they leave, it is unlikely that a non-signatory of the Rome Statute will turn them over and risk aggrivating their political relationship with the accused criminal's government.

This is especially a problem with people from regions of the world that feel bombarded by Western principles and culture. Arab people/countries and Latin American people/countries tend to stick together when culturally "attacked" by the West. They have a sort of brotherhood that prevents such violations of trust amongst them. One country would not want to be shunned by their brotherhood for turning one of their kind over to the "other" side.

They tend to look the other way when one of their own is committing atrocious acts. They do this to ensure they receive the same allegiance when they themselves resort to such acts. In other words, the Ethiopian leader will not turn over Al-Bashir, expecting the same from Sudan if he had a ICC warrant out for his arrest.

So how do we fix a world divided by culture? How do we overcome such obstacles to IL as the debate over universalism and relativism? These problems have yet to be solved, but that does not mean all hope is lost. We must keep spreading the word about Darfur. We must encourage our own countries (USA) to sign on to the statute and help enforce the decisions of ICC. We must keep pushing for the people living in camps in Darfur. We must keep fighting for the people who have yet to be victimized at the hand of those more powerful than them. We have to keep International Law alive and revive its credibility!

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