Liam Ferguson: The ICC is not a serious court

The International Criminal Court in The Hague. Photo by JOHN THYS/AFP

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THE HAGUE — The International Criminal Court (ICC) has come under fire for its politically motivated prosecutions of Israel’s prime minister and former defence minister, but the court’s own actions expose it as an unserious institution that’s wholly incapable of fulfilling its role of prosecuting the most heinous of international crimes.

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The court’s biggest problem is its consistent inaction. In July and August, the court only has one event relating to ongoing cases on its agenda. In total, only six active cases are currently being heard. Not only is it inactive, it also faces serious difficulties in apprehending those it indicts, which can partially explain its inactivity.

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A further issue is the alleged sexual misconduct of the court’s former lead prosecutor, Kharim Khan, who issued the arrest warrant for Israeli Prime Minister Benjamin Netanyahu. Khan was suspended from the ICC in June over sexual misconduct allegations levelled by his former assistant. On Friday, the court’s 125 member states voted to permanently remove Khan as chief prosecutor.

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The scandal has severely degraded the court’s credibility, since Khan had a substantial say in the issuance of arrest warrants. If the character and judgment of its lead prosecutor cannot be trusted, then neither can the court itself.

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Two weeks ago, the U.S. State Department charged that the ICC poses an “intolerable threat” to America and its allies, and called on other nations to reject the court’s authority. Although the United States is not a signatory to the Rome Statute, in 2020, the ICC launched an investigation into alleged war crimes committed by U.S. forces in Afghanistan, thereby asserting its right to usurp American sovereignty.

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The ICC has only issued 61 arrest warrants in its history, and only 22 have appeared before the court. How is it that an institution that’s supposed to be holding those who commit the most serious crimes accountable is looking into so-called American crimes, but has only issued 61 arrest warrants since its founding?

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Should Canada, because of its peacekeeping past, believe that it will not one day become a target of the ICC? Surely not. Canadian heroes have fought alongside Americans in many places, including Afghanistan. Canada also supplies its allies in times of war.

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There is less room between Canada and the ICC than there is between the U.S. and the ICC, since Canada is a signatory to the Rome Statute, and the court still sees fit to investigate Americans and issue arrest warrants for our allies. It would surely not be in Canada’s interests to have an international court attempting to arrest government ministers or other Canadian citizens.

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The International Criminal Court says that it exists to hold those who commit the most serious crimes accountable. However, the numerous issues with the ICC show that the court itself needs accountability. While relations between Canada and the United States have been strained as of late, perhaps our neighbours to the south have a point about international institutions like the ICC that have little respect for the sovereignty of the countries that empower it.

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National Post

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