Justice is a fundamental human right and a core value of any civilized society. But what does justice mean in the context of international law and human rights? How can we ensure that those who commit atrocities and crimes against humanity are held accountable and that their victims receive redress? And how can we celebrate and support the efforts of those who work tirelessly to promote and protect justice around the world?
These are some of the questions that World Day for International Justice, also known as the Day of International Criminal Justice or International Justice Day, aims to address. This day is observed every year on July 17, the anniversary of the adoption of the Rome Statute, the treaty that established the International Criminal Court (ICC) in 1998. The ICC is the first permanent, independent, and impartial court that can prosecute individuals for genocide, war crimes, crimes against humanity, and the crime of aggression.
The ICC is not a substitute for national courts, but rather a court of last resort that can intervene when national authorities are unable or unwilling to prosecute serious crimes under international law. The ICC operates on the principle of complementarity, which means that it respects the primary jurisdiction of states to investigate and prosecute their own nationals. However, if states fail to do so or do so in a way that is not genuine, the ICC can step in and exercise its jurisdiction.
The ICC is also a court of cooperation, which means that it relies on the support and assistance of states, international organizations, civil society, and other actors to carry out its mandate. The ICC has no police force or enforcement mechanism of its own, so it depends on the cooperation of states to arrest and surrender suspects, protect witnesses and victims, provide evidence and information, and enforce its decisions and orders.
The ICC is not only a court of law, but also a court of justice. It seeks to provide justice for the victims of the most serious crimes that shock the conscience of humanity. It does so by ensuring that those who bear the greatest responsibility for these crimes are brought to trial and punished according to the law. It also does so by recognizing and respecting the rights and interests of victims to participate in the proceedings, to be represented by legal counsel, to apply for reparations, and to receive assistance and support.
The ICC is not alone in its quest for justice. It is part of a broader system of international justice that includes other international and hybrid courts and tribunals, such as the International Court of Justice (ICJ), the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the Special Court for Sierra Leone (SCSL), the Extraordinary Chambers in the Courts of Cambodia (ECCC), and the Special Tribunal for Lebanon (STL). These courts and tribunals have contributed to the development and enforcement of international law and human rights norms, as well as to the prevention and deterrence of future crimes.
The World Day for International Justice is an opportunity to celebrate these achievements and to reaffirm our commitment to the cause of justice. It is also an occasion to raise awareness about the challenges and obstacles that still hinder the effective functioning and universal acceptance of the system of international justice. Some of these challenges include:
- The lack of ratification or implementation of the Rome Statute by some states, especially those with major political or military influence.
- The lack of cooperation or compliance by some states with their obligations under the Rome Statute or other international instruments.
- The lack of adequate resources or capacity for the ICC and other courts and tribunals to conduct their investigations and trials in a timely and efficient manner.
- The lack of sufficient protection or support for victims, witnesses, judges, prosecutors, defense lawyers, staff members, and other actors involved in the system of international justice.
- The lack of public awareness or understanding about the role and mandate of the ICC and other courts and tribunals.
On this day, we can all take action to overcome these challenges and to advance the cause of justice. We can do so by:
- Learning more about the ICC and other courts and tribunals and their work.
- Educating others about the importance and benefits of international justice.
- Advocating for the ratification or implementation of the Rome Statute by all states.
- Supporting or joining civil society organizations that monitor or assist the system of international justice.
- Donating or volunteering for initiatives that provide legal aid or humanitarian assistance to victims or affected communities.
- Expressing our solidarity with victims or survivors of atrocities and crimes against humanity.
Justice is not only a legal concept, but also a moral imperative. It is not only a matter for courts and lawyers, but also for citizens and leaders. It is not only a goal for today, but also a vision for tomorrow. By celebrating World Day for International Justice, we can honor the past, shape the present, and inspire the future. We can make a difference for ourselves and for others.
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Writer:-
Samiha Jahan
Intern, Content Writing Department
YSSE