the icc and the congo

IRIN news reports that arrests in Europe of political leaders of rebel movements in the Congo may not have much impact on the goings on on the ground. Even the FDLR is not immune to the commonplace principal-agent problems we are all aware of. The disconnect between the political leaders in Europe and generals on the ground is limiting the deterrence effects of the arrests.

I am not a huge fan of the ICC. But I am not one to throw out the baby with the bath water. The institution has potential to be a voice for the voiceless. Because of the ICC Kenyan politicians in the future will think twice before ordering jobless youth to murder innocent civilians. Because of the ICC rebel leaders cannot fly in and out of Brussels to raise money with abandon. These are not trivial achievements.

Accusations against the court’s Africa-bias may have some merit. Even more important are charges that the court does not appreciate the political consequences of justice or that the very idea of justice is political (see the Bashir case in Sudan). Others even point out the fact that going after the big fish ignores local offenses that also require redress. These are serious concerns that the ICC should address. But that said, overall I think that the ICC does more good than harm.

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