International Herald Tribune

Tuesday, June 16, 1998

Without Justice, No Security for Ordinary People

By Lloyd Axworthy

OTTAWA The international community has learned some hard lessons from atrocities in recent years in the former Yugoslavia and in Rwanda. We have learned lessons in terms of heeding warning signs, and lessons in terms of swift and appropriate international response. And as we work on the long process of building a lasting peace in such societies, we are learning lesson about justice.

Those who commit the most heinous crimes in times of conflict must be held accountable for their actions. Without justice, there is no reconciliation. Without reconciliation, there is no lasting peace. Without lasting peace, there can be no security for ordinary people to live out their lives and dreams.

In Yugoslavia and Rwanda, the United Nations responded to serious violations of humanitarian law by establishing international tribunals, with the Canadian jurist Louise Arbour as chief prosecutor. The international tribunals, despite limited resources, are effectively bringing war criminals to justice.

But these tribunals are set up by the Security Council on an ad hoc basis. Canada is one of a growing number of nations which believe that a permanent solution in the form of an International Criminal Court, is required.

A permanent, impartial, international venue is needed to try those who flout the norms of humanitarian law and would otherwise escape justice.

The idea for an International Criminal Court is not a new one, but it is an idea whose time has come. The international political landscape has changed dramatically in recent years.

War itself has changed, with most was being internal conflicts that overwhelmingly target civilians. Borders have become more porous, for people and for problems such as international crime, illicit drugs, pollution and disease.

Increasingly, there is a need for international rules that focus on the security of individuals as opposed to traditional thinking about security of the state. An International Criminal Court is a key part of this new focus.

The United Nations is currently holding a conference in Rome on the establishment of an International Criminal Court. Within the array of nations taking part in this debate, Canada chairs a group of 45 like-minded states which share its commitment to an independent and effective Court with four basic attributes.

First, an International Criminal Court ought to have acknowledged jurisdiction over such core crimes as genocide, crimes against humanity and war crimes, including war crimes committed in internal armed conflicts.

Second, it ought to have a constructive relationship with the UN Security Council that preserves the independence and impartiality of the Court.

Third, it ought to have an independent prosecutor who is able to initiate proceedings, rather than proceedings being triggered only by a state complaint or Security Council referral.

Fourth, it ought to have a special focus on the plight of women and children in armed conflict - for example, recognizing rape and the conscription of child soldiers as war crimes.

There are some nations which question the effect that the Court would have on state sovereignty. An International Criminal Court would complement national judicial systems. It would investigate complaints when a state either cannot or will not bring transgressors to justice. The prime focus will be exactly where it is most needed: where state authority has collapsed or where state authorities themselves are behind extremely serious crimes.

There is now a distinct momentum building in favor of a strong court. With lesson, learned from the successful campaign for a treaty banning land mines, we are engaging not only political leaders but also nongovernmental organizations, media and citizens around the world. There is broad and growing support for a strong Court, a consensus that perpetrators of war crimes and crime against humanity must know that somewhere, sometime, justice will catch up with them.

Many of us take for granted the judicial systems that allow us to live in peace and freedom. As citizens of the global community, we must help our neighbors to enjoy the same rights.

The writer is Canada's foreign minister. He contributed this comment to the International herald Tribune