International Criminal Law: A Conflict Analyst’s View

The fraternity of peace advocates can have their capacity to manage conflict and transform it into peace  enhanced through further training in ICL.  ICL is constituent of the graduate peace and conflict studies program.  IHL is discussed more than ICL, and the program ends without a clear position on it (ICL). Therefore, by undertaking training in ICL, it helps students make a clear cut line between IHL and ICL, or if similar in a way, be able to make research conclusions over them for future reference.

As a life student, I wish to get an equal share of what I manage to contribute to the existing methods of achieving global peace, this time round, through the legal path. There are critical questions I need to answer like who are making the internal criminal laws, for who, what are the outcomes, does it serve the entire world well or just a few selfish individuals driving their interests home, can they (laws) stand the test of time, when should they laws last, how are the old laws phased out, is the independence of naturals laws put into consideration while drafting laws and, are the laws helping to transform society from the wrongs to the rights or just causing chaos?

So, those questions need answers that I believe can be given at the forthcoming seminar on internal criminal law. Of course, also to mention is the element of career development: by going through some training (s) relevant to my graduate program (Peace and Conflict Studies), a lot of significance will be added to be as well –confirmed through issuance of certificate of attendance. And it is always great to meet learned people and experts in a related field –with whom to compare notes, share knowledge and opportunities for further career development.

Developing my legal mental faculty makes it possible to argue out my cases right –legally in advocacy works, journaling moments and in my future dispensation of services in conflict management. And coming from background of community mental health or psychology, the studies in ICL makes it even most interesting.

Most important, though, is to make ICL and peace studies localized to meet African security, peace and order needs. It would be great if ICL integrated that in ICC legal business in Geneva and made uniform world over in issues related to mental health and justice.

ICL is relatively new. Much meaning to it was attached in the 1990s after the end of the cold war. It shares history with peace studies and research –which too was popularized most around the same time.  ICL came at the time when IHL (or agreements, treaties, and protocols) had a limited coverage world over. The documents had been born on the sole interests on the victor powers and against the defeated ones; for example, subjecting German to compulsory reparation and push to a miserable and minor position in world affairs became a motivation to fight all the arrangements made against it –leading to the famous World War II.

Until now, resolutions are determined by the 5 veto powers on behalf of the entire world. Even the regional blocs –who could determine their course of trends in a given crisis or on international human rights violations are required to seek the endorsement of the UN Security Council before any legal and human intervention is done.  It is this slow pace of decision making or nothing at all that gave room to the genocide in Rwanda.

For instance, on invading Iraq and causing gross loss of lives and property, no legal pass was given to Unites States and United Kingdom but went on the bring suffering to the Iraqs, and instead of bringing Tony Blair to book, he was instead promoted to become UN Envoy to the Middle East.

The ICL is failing to bite and is full of compromises. Some of the dictators worthy trying for the roles in violence against humanity like Pinochet and Pol pot died before they could face the arm of the law. Indeed it was a long arm of the law that could not bite, until such political criminals left power and even died before conviction.

Now Bashir, president of Sudan too might go untouched, and as many other African trouble-some leaders could. And many more world leaders that are a threat to national, regional and global peace still act violently to local dissents and violate protocols at will –without any hand of justice crossing about. Some of them are friends and darlings of the UK and USA. It gives an impression that, not until an international criminal is identified by the UK and USA will the law be activated.

Mobutu Sseseseko of DR Congo is an example of such criminal leaders of the time who caused misery to his people without internal law intervention. Presently for DRC, the walk to democracy is already being challenged by politics of greed. Some presidential hopefuls announce victory long before elections –which makes to the path to democracy very thorny –only leading to bloodshed!

Nevertheless, ICL managed to bring Slobodan Milosevic (FRY) to book, Pierre Bemba (DR Congo), and Charles Taylor (Liberia). Those give good signals that the future with ICL is bright and can be a foundation for justice, order and peace in the law.

Situation Health Analyst
Dishma Inc.
P.O. Box 8885,
Kampala-Uganda
+2567542504dishma.imhs@gmail.com