Efficiency Lecture Question
In what ways could the ICC’s bureaucracy, finances, judicial election process, and relationship with the States Parties be reformed to increase its efficiency as an instrument for international justice?
Comment on the Efficiency Lecture Question: “In what ways could the ICC’s bureaucracy, finances, judicial election process, and relationship with the States Parties be reformed to increase its efficiency as an instrument for international justice?”
I think there are a lot of ways in which the ICC could be reformed in order to increase its efficiency as an instrument for international justice, but it is just a matter of whether or not they have the ability to effectively make all these changes. Firstly, what Mr. Bassiouni had to say about the Judges on the ICC in any point in time was disappointing and unacceptable. To have judges that do not have law degrees or who do not even show up a majority of the time directly undermines the organization and prevents it from being effective. Until there is a better way of selecting judges, the ICC will not be a credible institution. The position needs to be made more desirable so that they are able to select from a number of highly qualified candidates. My second, and last, point is that their relationship with the States Parties needs to change. This problem, however, is more difficult to solve than the judges dilemma. The way their relationships are with various states right now is ineffective and will never truly be able to function in the international community. They need stronger ties and more authority over states to have any influence. Countries like the US, China, GB, etc. will not and do not have to do anything that the ICC wants unless they are looking out for their public image. Until the US looks at the ICC and their relationship with it as something that is binding, results in consequences if broken, and something of true value that they wish to also uphold, the ICC will have no ability to carry out the things it was created to do. It will continue to take out small criminals in countries who have no one to protect them or because the US has no incentive to intervene. It will be just another way for the West to influence the rest of the world as long as it caters to their interests. They will be taking out bad people, yes, but they will not be doing anything that the US couldn't do by themselves...which is why the ICC is ineffective at this point in time.
M. Cherif Bassiouni
Professor of Law
Comment on the Efficiency Lecture Question: “In what ways could the ICC’s bureaucracy, finances, judicial election process, and relationship with the States Parties be reformed to increase its efficiency as an instrument for international justice?”
I think there are a lot of ways in which the ICC could be reformed in order to increase its efficiency as an instrument for international justice, but it is just a matter of whether or not they have the ability to effectively make all these changes. Firstly, what Mr. Bassiouni had to say about the Judges on the ICC in any point in time was disappointing and unacceptable. To have judges that do not have law degrees or who do not even show up a majority of the time directly undermines the organization and prevents it from being effective. Until there is a better way of selecting judges, the ICC will not be a credible institution. The position needs to be made more desirable so that they are able to select from a number of highly qualified candidates. My second, and last, point is that their relationship with the States Parties needs to change. This problem, however, is more difficult to solve than the judges dilemma. The way their relationships are with various states right now is ineffective and will never truly be able to function in the international community. They need stronger ties and more authority over states to have any influence. Countries like the US, China, GB, etc. will not and do not have to do anything that the ICC wants unless they are looking out for their public image. Until the US looks at the ICC and their relationship with it as something that is binding, results in consequences if broken, and something of true value that they wish to also uphold, the ICC will have no ability to carry out the things it was created to do. It will continue to take out small criminals in countries who have no one to protect them or because the US has no incentive to intervene. It will be just another way for the West to influence the rest of the world as long as it caters to their interests. They will be taking out bad people, yes, but they will not be doing anything that the US couldn't do by themselves...which is why the ICC is ineffective at this point in time.