Bonino campaigns for new war crimes tribunal

Date: 20/03/1997

By Rory Watson

THE European Commission is putting its weight behind United Nations moves to establish a permanent international criminal court as a forum for trials of those accused of genocide, war crimes and crimes against humanity.

In an attempt to win wider support for the idea, the European Commissioner for Humanitarian Affairs Emma Bonino has started publicly campaigning for the court.

She is convinced it would both act as a strong deterrent against future man-made crises and help people to come to terms with what has happened in the past.

“Societies shattered by the nightmare of crimes against humanity cannot resume normal life unless there is a record of what happened, the guilty are brought to justice and the innocent are cleared. Without justice, generation after generation remains haunted by the terrors of the past,” explains Bonino in a discussion paper on the court.

The proposal, which will be examined by a UN diplomatic conference next year, has already won the support of the European Parliament, countries such as Germany, Italy, Canada and South Africa, and aid organisations ranging from Amnesty International to the International Committee of the Red Cross.

But it is being resisted by certain members of the UN Security Council who fear that such a court might become too powerful.

Despite opposition, the UN has already started down this road with the creation of the ad hoc International Criminal Tribunal for the former Yugoslavia in The Hague in 1993 and, 18 months later, of the International Criminal Tribunal for Rwanda.

Supporters of both argue that they represent a significant step forward by the world community in enforcing international law through criminal prosecutions. But they complain that each is restricted in scope and life span, and both operate under difficult practical and financial conditions. The costs of The Hague tribunal alone are estimated at some 25 million ecu a year.

“The message is clear. Without widespread, if not universal political commitment, it will clearly fail in its task. Without adequate funding, it cannot function,” concludes Bonino.

The current plan would establish a new court, consisting of 18 judges, once a specific number of countries had ratified the founding treaty.

Cases would have to be referred either by a member state or by the UN Security Council and individuals found guilty of a series of crimes ranging from genocide to terrorism would face prison sentences of between one year and life.

Bonino, who is charged with leading the Union's response to the bitter legacy of violent conflicts in regions as far apart as central Africa and the former Yugoslavia, is adamant that such courts are essential to underline the message that crimes against humanity will not be tolerated.

ENDS 470 words