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Wednesday, March 20, 2019

The Functions Of International Criminal Court & Why Dueterte Will Be Prosecuted

The ICC is responsible for prosecuting individuals accused of genocide, crimes against humanity, war crimes, and instigating wars of aggression. The international prosecutors only take action if the accused are not brought before national courts. Countries can also put in their own request for the ICC to initiate proceedings – and the UN Security Council is also able to refer cases to the court.
The Philippines is withdrawing from the International Criminal Court because its government fears investigation. In March 2018, the Philippine president Rodrigo Duterte announced that he was annulling his country membership of International Criminal Court (ICC). What happened? One month earlier, the ICC's chief prosecutor, Fatou Bensouda, initiated preliminary investigations against President Duterte for suspected
crimes against humanity in the Philippines' so-called "war on drugs.” The accusations are serious. More than 5,000 people have been killed in the Philippines in Duterte's anti-drugs campaign, according to official statistics.
In 2017, Burundi became the first member state to leave the ICC, complaining that the court was focused on investigating Africans. Also, Omar Al-Bashir's spectacular flight from South Africa highlighted the ICC's impotence. The Sudanese president is the subject of an ICC international arrest warrant, yet he was apparently able to flee the country with the help of the South African government. In February this year, the ICC was also criticized over the unexpected release of the former president of Ivory Coast, Laurent Gbagbo.
A country cannot evade investigation by withdrawing from the ICC. The investigations continue. Whatever has been discovered by that point will still be followed up,” says Moritz Vormbaum, a German expert in international criminal law. Specifically, this means that if the court's preliminary investigations substantiate the allegations, the ICC will instigate proceedings against the Philippine president that will investigate his actions up to 17 March 2019.
When the statute establishing the International Criminal Court was adopted in Rome on 17 July 1998, the then secretary-general of the United Nations, Kofi Annan, paid tribute to it as a "gift of hope to future generations.” The court started work four years later at its headquarters in The Hague. Since then, 123 of the 193 UN member states have joined, including all the countries of the European Union. Among the states that have not signed up to it are China, India, Israel, Russia, Turkey, and the United States. 
The international law expert Moritz Vormbaum concedes that "the ICC also made mistakes in the initial years,” as, for example, when at first it was only investigating cases from African countries. But that has changed. There are, however, structural problems. The International Criminal Court has no means of its own for applying pressure, nor does it have its own investigating authorities. Instead, it relies on cooperation from the countries concerned.


FACEBOOK COMMENTS

Oluwatoyin Obanla

Fuck ICC for their double standards. Since it creation,only Africa and weak Asia countries have been their target but remains impotent when leaders of powerful countries in Europe and the US are immune from trials at the ICC. If truly there such thing as international laws and punishment for any countries or leader that violate such laws, George Bush Vladimir Putin Tony Blair Obama Netanyahu and Trump should all by now be at ICC answering to the crimes they committed against the people of Iraq Libya Palestine and currently Yemen . But who dare call or take them to justice??. ICC kor table tennis ni
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Endy Edeson

OBANLA; Are you now saying that Duterte shouldn't be investigated for alleged crimes ?

Oluwatoyin Obanla

All those that I mentioned have committed far worst crimes than him,they should be investigated as well

Endy Edeson

Well, that justifies your double standard claim of selective investigation. Maybe, because USA is a powerful country

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Akintoye Adebareh Abdul Akeem

They are mad. Who is prosecuting isrea or america? Putin is still free. A won were.
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Jesse Osayande Vucinic Ehiagwina

If Bush and Blair are still free then no one should take them serious. There have been people that committed crimes against humanity that killed thousands if people yet they're free. I don't see Obama getting flagged for his part in turning Libya to a battlefield.

Endy Edeson

Jesse Osayande Vucinic Ehiagwina Akintoye Adebareh Abdul Akeem So ICC should be banned? If so, crimes in hinterlands will increase as the people or activists can't fight alone in such places. Remember, ICC was primarily instituted to fight for the States which the government overpowers the citizens
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