Saturday, February 05, 2005
# Posted 1:24 PM by Ariel David Adesnik
Recommendation: The Pre-Trial Chamber should have the power to take appropriate measures when an arrest warrant, issued under Article 59, has not been executed. Specifically, such measures should include the issuance of an international warrant for the arrest of the accused, (240) delivered to all states and binding on state parties, or ordering the freezing of assets of the accused without prejudice to the rights of third parties. Where the prosecutor satisfies the Court that the failure to execute a warrant was due to the failure of a state party to cooperate with the Tribunal, the Court may so communicate to other state parties. (241)Now, I'll be the first to admit that I don't know jack about jurisprudence. But what HRW's commentary seems to be saying is that unless NATO provides the muscle, the ICC is powerless. So how about it Jacques? Gerhard? Want to prove to Middle America that Europe actually cares about genocide? This is your chance.
Anyhow, while Jacques & Gerhard are thinking it over, it is possible that the simple threat of an ICC indictment may prevent further atrocities. As Randy Paul explains [via e-mail]:
It was the announcement of the indictment of Charles Taylor in the Sierra Leone ad-hoc tribunal that provided the impetus to get him out of power in Liberia.My sense is that Taylor was in a much weaker position than the Sudanese goverment is now, but hey, you never know. If I lived in Darfur, I would put NATO on my speed-dial.
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