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 have trouble refuting the argument that the ICC should be used to promote peace--and if this can only be reached through somewhat politicized means, this is justified. However, your post has provided a little more context in which to consider this question. If we already have an international diplomatic system, what is the role of the ICC in further adding to this politicized international climate? This international justice system is a long-term project, and as you say, the promotion of justice, and, I would add, the establishment of internationally recognized rule of law, may "eventually" promote peace. The ICC must continue to operate with this long term goal in mind. This is not to say, however, that it can ignore its highly politicized current context. As we have learned, the ICC is not naive about its position. Yes, the court must be aware of its political implications; this is absolutely necessary to successfully navigate the international justice scene. However, the strategic utilization of its position, while attractive in the possible promotion of peace (as in the peace vs. justice debate), is a short-term maneuver. If the court takes up the role of political negotiation, it sets an uncertain precedence for the court and undermines its legitimacy in the long-term road to international justice and peace through the rule of law.
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 have trouble refuting the argument that the ICC should be used to promote peace--and if this can only be reached through somewhat politicized means, this is justified. However, your post has provided a little more context in which to consider this question. If we already have an international diplomatic system, what is the role of the ICC in further adding to this politicized international climate? This international justice system is a long-term project, and as you say, the promotion of justice, and, I would add, the establishment of internationally recognized rule of law, may "eventually" promote peace. The ICC must continue to operate with this long term goal in mind. This is not to say, however, that it can ignore its highly politicized current context. As we have learned, the ICC is not naive about its position. Yes, the court must be aware of its political implications; this is absolutely necessary to successfully navigate the international justice scene. However, the strategic utilization of its position, while attractive in the possible promotion of peace (as in the peace vs. justice debate), is a short-term maneuver. If the court takes up the role of political negotiation, it sets an uncertain precedence for the court and undermines its legitimacy in the long-term road to international justice and peace through the rule of law.