Jurisdictions of the Hague Court

Abstract

The objectives of the paper are threefold: a) to find out the axiomatic truths, investigating crimes committed in the past; b) to examine the steps of the trial to the perpetrators for accountability and to deliver justice to the victims without prejudice at present; and c) to foster peace, human security and harmony for not repeating crimes in future. This state-of-the-art paper is prepared based on archival literature review, exchanging and sharing, Rome Statute defined functions and a practical observation approach rather than theoretical conception. The Hague Court gathers and scrutinizes testimonies, questioning victims and witnesses and analyzes the shreds of evidence of a suspect’s innocent or guilty. The examination and investigation guided by Rome Statute jurisdiction shall initiate on five criteria: (i) State Party, (ii) Declaration of Acceptance, (iii) Situation Referring by the UNSC, (iv) Transnational Crimes and (v) Petition by Victim/Representative. As of December 2019, 123 countries have become the Member States to the Rome Statute, but China, Iraq, Israel, Libya, Qatar, USA and Yemen voted against the treaty. So far, the Office of the Prosecutor (OTP) has opened official investigations for 12 situations and additional nine situations for preliminary examinations. The OTP closed seven situations: Gabon, Honduras, South Korea, Venezuela and Registered Vessels (Comoros, Greece, and Cambodia) from preliminary examinations. Till date, 45 suspected persons have been warranted by The Hague Court including the Presidents of Sudan, Kenya, Ivory and Libya. Out of 45 accused persons, proceedings against 50 per cent (22) have been completed. Four countries including South Africa and The Philippines have withdrawn from the Rome Statute. Burundi who has been the first country to refer the situation to the Court became the first nation to leave Statute. The case of Bangladesh/Myanmar is the newest one. Ukraine has accepted the jurisdiction of Statute but failed to ratify it. The longest length of the preliminary examination is holding by Afghanistan, but the Pre-Trial Chamber dismissed its report over the influence of the USA’s power and politics. Reparations against three rebel leaders, i.e., Thomas Lubanga, Germain Katanga and Ahmad Al Mahdi for victims were pronounced by The Hague Court. Warrants of arrest along with red corners notice are issued to four (two each from Libya and Sudan) suspected individuals. The Hague Court’s investigations should be evidence-based, not target-based unlike toing and froing of registered vessels of Comoros, Greece and Cambodia. The superior complexity of the Prosecutor Fatou Bensouda and advertisement of her photos in all official statements are to be ended.