Politics & the ICC Lecture Question
To what extent should the ICC Office of the Prosecutor consider or engage in politics to advance international justice?
Comment on the Politics Lecture Question: “To what extent should the ICC Office of the Prosecutor consider or engage in politics to advance international justice?”
I think something that would clarify the debate regarding the extent to which politics should be involved in the functioning of the ICC is a prioritization of goals. It seems to me that controversy and tension arises when it is unclear which goal to prioritize over the other. For example, the ICC's main goal could be to deliver justice and reparations to its victims. Another main goal is to end ongoing conflict, that is, do whatever is necessary to end the conflict, including negotiation and bargaining. Another goal is deterrence --- to disincentivize violence and genocide as an option for world leaders and military leaders. The most obvious tension is between the deterrence goal and the goal of ending conflict timely. Ending conflict quickly often requires retraction by the ICC and solutions where the accused gets a lighter sentence or is allowed amnesty. This, however, flies in the face of the victims who have suffered at the hands of such a criminal. It is not easy nor clear which goals should be held more important than others however an extensive and critical examination of what is most important, maybe based on the measures of "numbers of lives saved" or "the long term effects of justice" etc can help clarify the overall mission of the ICC and as a result would dictate how much politics should be involved in that process.
Dr. Richard H. Steinberg
Professor of Law
Comment on the Politics Lecture Question: “To what extent should the ICC Office of the Prosecutor consider or engage in politics to advance international justice?”
I think something that would clarify the debate regarding the extent to which politics should be involved in the functioning of the ICC is a prioritization of goals. It seems to me that controversy and tension arises when it is unclear which goal to prioritize over the other. For example, the ICC's main goal could be to deliver justice and reparations to its victims. Another main goal is to end ongoing conflict, that is, do whatever is necessary to end the conflict, including negotiation and bargaining. Another goal is deterrence --- to disincentivize violence and genocide as an option for world leaders and military leaders. The most obvious tension is between the deterrence goal and the goal of ending conflict timely. Ending conflict quickly often requires retraction by the ICC and solutions where the accused gets a lighter sentence or is allowed amnesty. This, however, flies in the face of the victims who have suffered at the hands of such a criminal. It is not easy nor clear which goals should be held more important than others however an extensive and critical examination of what is most important, maybe based on the measures of "numbers of lives saved" or "the long term effects of justice" etc can help clarify the overall mission of the ICC and as a result would dictate how much politics should be involved in that process.