Interview with Mr. Philippe Kirsch
President and Chief Judge of the ICC

The International Criminal Court (ICC) was established on July 17, 1998, by the Rome Statute after 120 States voted on its adoption. This is the first ever permanent international criminal court established to try war crimes, crimes against humanity and genocide. Elected in 2003, Mr. Philippe Kirsch is President and Chief Judge of the ICC, a member of the Bar of the Province of Quebec and of the Canadian Council on International Law. He has extensive experience in the establishment of the International Criminal Court, and international humanitarian and criminal law.

CGS: What was the catalyst for the creation of the ICC?

The ICC was created to respond to a particular historical need. For too long, unimaginable atrocities occurred while perpetrators were protected by a wall of impunity. The first responsibility for punishing serious crimes belongs to national legal systems. However, these systems have often proven unwilling or unable to investigate or prosecute such crimes. This is particularly so in States where serious conflict has affected the functioning of the judicial system. Where national systems cannot or will not act, an international court is necessary.

International courts and tribunals were created on an ad hoc basis to compensate for the failings of national courts in the face of the gravest atrocities. Ad hoc tribunals were created first at Nuremberg and Tokyo and more recently in response to events in Rwanda and the former Yugoslavia. These ad hoc tribunals were pioneers which showed that international justice could work. However, they also suffered from several limitations. For example, ad hoc tribunals are limited to specific geographic locations and respond primarily to events in the past. The ICC, by contrast, is not limited to pre-determined situations and its jurisdiction is proscriptive. The establishment of ad hoc tribunals also involved extensive costs and delays and depended on the political will of the inter-national community. As a result, their ability to punish perpetrators of international crimes and to deter future commissions of such crimes has been greatly impeded. A permanent, truly international court was considered necessary to fully enforce international justice.

CGS: Why is the ICC so vital for preventing future atrocities and ensuring international justice?

The purpose of the ICC is threefold: to punish individuals responsible for the gravest crimes, namely genocide, crimes against humanity and war crimes; to bring justice to victims; and over time, to deter perpetrators and create a culture of accountability. As a permanent institution, the ICC is immediately available to try present and future perpetrators. By putting potential perpetrators on notice that they may be tried before the Court, the ICC is intended to contribute to the deterrence of these crimes. The ICC is premised on the idea that national courts have primary responsibility for punishing crimes within their jurisdiction. Under what is known as the principle of complementarity, the ICC will defer to genuine national investigations and prosecutions. The ICC is designed as a court of last resort, to prevent impunity where national courts cannot or will not act.

CGS: What are the situations currently before the court?

Three countries - Uganda, Democratic Republic of the Congo and Central African Republic - have referred alleged crimes committed on their territory to the Prosecutor. In March of this year, the UN Security Council referred the situation in Darfur, Sudan. The Prosecutor is conducting investigations into the situations in Uganda, Democratic Republic of the Congo and Darfur, Sudan. The Prosecutor has also received approximately 1,500 communications relating to situations which may fall within the jurisdiction of the Court. In addition to the situations under investigation, he is currently monitoring eight other situations around the world.

CGS: How can the American public and civil society support the Court and contribute to its efforts?

A key contribution by civil society is the role it has played in urging governments to ratify the ICC Statute and in assisting States to develop legislation to implement the Statute. Yet, the greatest threat to the Court is ignorance of its role and activities. Non-governmental organizations and civil society more broadly, have a critical role in disseminating information about and building awareness of the ICC. The most effective way to support the Court is to learn as much as possible about why it exists and what it does and then to urge others to do the same.
 

Updated October 06, 2005

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