No, the International Criminal Court (ICC) is not an unique membership of “white people,” as Philippine President Rodrigo Duterte described it to be.
The listing of ICC’s judges would present gender and racially numerous court. These judges and their nations of origin are:
- Judge Chile Eboe-Osuji, the best officer of the court as president (Nigeria)
- Judge Robert Fremr (Czech Republic)
- Judge Marc Perrin de Brichambaut (France)
- Judge Howard Morrison (UK)
- Judge Olga Venecia del C. Herrera Carbuccia (Dominican Republic)
- Judge Geoffrey A. Henderson (Trinidad and Tobago)
- Judge Piotr Hofmanski (Poland)
- Judge Antoine Kesia-Mbe Mindua (Democratic Republic of the Congo)
- Judge Bertram Schmitt (Germany)
- Judge Peter Kovács (Hungary)
- Judge Chang-ho Chung (South Korea)
- Judge Raul Cano Pangalangan (Philippines)
- Judge Luz del Carmen Ibañez (Peru)
- Judge Sofomy Balungi Bossa (Uganda)
- Judge Tomoka Akane (Japan)
- Judge Reine Alapini-Gansou (Benin)
- Judge Kimberly Prost (Canada)
- Judge Rosario Salvatore Aitala (Italy)
Whoever is advising Duterte in regards to the ICC ought to know that 10 of the 18 judges, together with the highest-ranking officer of the court, should not whites or Caucasians.
It was unclear the place he will get his information but the Philippine ruler’s newest rant towards ICC final Monday (June 21) was swimming in inaccuracies or downright lies in regards to the worldwide court primarily based in The Hague.
Duterte stated that an investigation or prosecution by the ICC primarily based on his administration’s file on the marketing campaign towards medication, or primarily based on allegations made towards him, can be akin to permitting the Philippines to show into a narco-state like Mexico.
Duterte might have a level when he described Mexico as a narco-state as a result of of the federal government’s obvious failure in preventing drug cartels.
In any case, arguing that ICC is investigating Duterte or intends to prosecute him for desirous to have the Philippines change into like Mexico is both ridiculous or doesn’t make sense. As against investigating and prosecuting states for imposing legal guidelines, the ICC examines and prosecutes their leaders for participating in illegal killings.
According to the web site of the Council of Foreign Relations (CFR), the idea of a world prison court originated after World War II, when the Allies established the world’s first worldwide conflict crimes tribunal, referred to as the Nuremberg Trials, to prosecute Nazi conflict criminals.
In the Nineties, CFR stated on its web site, many governments supported the concept of creating a everlasting court to carry to account those that commit the world’s most severe crimes.
Earlier, United Nations fashioned an advert hoc, or momentary, worldwide crime tribunal to strive these chargeable for mass murders and different crimes within the former Yugoslavia and Rwanda. These have been, nonetheless, thought of inefficient and insufficient deterrents to the world’s most horrific crimes.
The push for what would finally change into the ICC got here from Trinidad and Tobago, a small oil-producing South American nation, in 1989. In succeeding years, assist grew from Europe and Africa for a everlasting court, which is now ICC.
ICC got here into operation on July 1, 2002, the identical day of effectivity of the Rome Statute, a multilateral or multi-nation, treaty that serves because the court’s founding and governing doc.
In December 2020, ICC had at the very least 123 member states. These included the Philippines till, in 2018, Duterte introduced he was pulling the nation out of the Rome Statute, which was to take impact in 2019, hoping it strips ICC of jurisdiction over him.
The transfer got here after allegations reached ICC about hundreds of extrajudicial killings within the Philippines associated to the enforcement of Duterte’s greatest election marketing campaign promise—to rid the Philippines of the drug menace or at the very least cut back these accountable to a bloody pulp.
Although Duterte has not denied his anti-drug marketing campaign has turned bloody, he has remained agency in his perception that his marketing campaign is justified.
During his Monday evening rant, Duterte stated whereas he was not admitting that authorities forces have been killing drug suspects, the killings change into obligatory as a result of “they fight back.”
Duterte seen the entry of the ICC into the image as a type of interference together with his goal to weaken, if not decapitate, the drug monster.
“So this ICC, this is bullshit,” Duterte stated in his newest rant. “Why would I defend or face an accusation before the white people? You must be crazy!”
In what seemed to be an unrelated narrative, the Philippine ruler introduced up what he stated have been “sins” of colonizers prior to now. Although he didn’t say it categorically, it appeared like he was taking ICC to job for not prosecuting these sins, which had been dedicated centuries in the past.
“The colonizers in the past, they have not atoned for their sins against the countries that they invaded, including the Philippines,” Duterte stated. “Now they’re trying to set up a court outside our country and making us liable, to face them,” he stated, referring to ICC, which was not being arrange but is already arrange.
“Our laws are different. Our criminal procedures are different,” Duterte stated of ICC. He is appropriate, although. ICC doesn’t function primarily based on the legal guidelines of its member nations and its focus is on probably the most heinous crimes dedicated towards whole populations.
“How are you supposed to know about these goddamn laws, these laws of the ICC?” Duterte stated. “Now, I am supposed to face whites. Leche kayo (Damn you),” the Philippine ruler stated.
“I would readily face a court, being accused in a Philippine court, before a Filipino judge,” Duterte stated. He is appropriate in saying that as a result of ICC jurisdiction doesn’t apply when judicial processes within the nation the place the alleged prison resides are absolutely functioning.
ICC, in line with the court’s web site, “is intended to complement existing national judicial systems and it may therefore exercise jurisdiction only when national courts are unwilling or unable to prosecute criminals.”
According to the Constitution, within the Philippines, no prison case could also be prosecuted or tried towards a sitting President.
The Philippine authorities’s personal Commission on Human Rights and human rights teams are pinning the killings of hundreds of drug suspects squarely on the federal government and pointing a finger at Duterte’s personal phrases. But legally, these remained to be allegations that Duterte repeatedly dismissed as nugatory human rights noise.
ICC’s Office of the Prosecutor presently has 12 ongoing official investigations and 9 preliminary examinations, in line with the ICC web site.
So far, 45 people had been indicted for crimes towards humanity. These included three leaders of African nations:
Uhuru Kenyatta, president of Kenya who is dealing with costs for the killing of 1,300 folks throughout elections in 2007 in his nation
Omar al-Bashir, former president of Sudan, for genocide-related to a cleaning marketing campaign towards the nation’s three fundamental ethnic teams
Laurent Gbagbo, former president of Ivory Coast, for the killings of 3,000 folks in election-related violence
Jean Pierre Bemba, former vp of the Democratic Republic of Congo, for crimes towards humanity
According to the ICC web site, whereas the court might strive a host of crimes towards whole peoples, there are 4 major instances over which it workouts jurisdiction—genocide, crimes towards humanity, conflict crimes and crimes of aggression.
The allegations towards Duterte would fall below crimes towards humanity, outlined as acts dedicated on goal “as part of widespread or systematic policy directed against civilians in times of war or peace.”
Crimes below the crimes towards humanity classification included homicide, extermination, torture, persecution and enforced disappearances of individuals.
One of the extra fascinating ICC guidelines is the absence of a statute of limitations in submitting instances. This implies that criminals could possibly be held accountable regardless of how lengthy it takes, so long as they’re alive or even when they’re of their superior ages.
“The court is participating in a global fight to end impunity,” ICC stated on its web site.
“Through international criminal justice, the court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again,” ICC stated.
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