A diez años de la creación de la Corte Penal Internaciona...

A diez años de la creación de la Corte Penal Internacional, les acerco este balance de luces y sombras, y con algunas propuestas para el futuro inmediato (en inglés, cortesía de The Federalist Debate).  FAI
International Criminal Court 2.0
The creation of the International Criminal Court (ICC) has constituted a great demonstration of the unsuspected possibilities opened by the collaboration between the organizations of the global civil society and some few progressive governmentsAs a predictable result of this concession to national sovereignty, the ICC prosecution has so far opened 16 cases in 7 countries: Uganda, the Democratic Republic of the Congo, Sudan (Darfur), the Central African Republic, Kenya, Libya and Côte d’IvoireFor those who want to preserve the ICC as a fair instrument for the establishment of international rule of law and global justice, it gets every day clearer that the current structure of the ICC conspires against these high objectives. A new structure –a 2.0 International Criminal Court- is urgently needed but, how could it be created when three of the five big powers that command the UN Security Council are against any limitation of their national sovereignties? A first step in this direction, however, is simple to achieve: no matter if their own national states have signed or not the ICC Rome Statute, no matter if their states are part or not of the UN Security Council, crimes against humanity and war crimes must be prosecuted and their committers be judged guilty by the ICC. The fact that insofar they cannot be punished should not be an obstacle for their moral and symbolic impeachment. You think, for instance, on the consequences of an ICC verdict of culpability against those who had decided the invasion of Iraq, or the use of Guantanamo as a prison, or the building of an international network of imprisonment and torture -etc- in terms of their internal political credibility and you will verify that the ICC is not that powerless as some pretend it to be.
To be short: if the ICC prosecution to Gadaffi and Omar al-BashirAs well as these measures seem to be essential and urgent to prevent that the ICC´s current first-worldist bias lead to its failure, the ICC shift from its 1.0 to its 2.0 stage constitutes the most valuable objective for the Coalition for the International Criminal Court (CICC), which already includes 2.500 civil society organizations from 150 different countries devoted “to ensure that the Court is fair, effective and independent” and “make justice both visible and universal”But let’s see further on the political structure of this techno-economically globalised world. In all democratic countries, the creation of an equal justice for all was only possible when the development of courts and tribunals was complemented by the creation of representative and democratic political systems. There is no truly justice-for-all where there is no democracy, meaning both countries and the whole world. The ICC will be always blamed and in high danger of being disaccredited and discarded until the creation of representative forms of democracy at the global level. The history of Democracy is clear: at the national level, as well as at the regional one, the creation of courts was immediately followed by their failure or by the creation of parliaments. The establishment of a UN Parliamentary Assembly such as an embryo of a World Parliament and the future replacement of the current Assembly of State Parties as the ICC’s governing body are, hence, the following necessary step (a 3.0 ICC) towards a universal egalitarian global justice.
Fernando A. IglesiasDemocracia Global- Argentina vicepresidentCattedra Altiero Spinelli directorWorld Federalist Movement council chairman