Inequality in International Criminal Prosecutions

Topic:
Country: Egypt
Delegate Name: Bethany Narducci

Legal Committee
Inequality in International Criminal Prosecutions
The Arab Republic of Egypt
Bethany Narducci
Forest Hills Eastern

The International Criminal Court (ICC) is the court with the power to try individuals for the four core international crimes: genocide, war crimes, crimes against humanity, and aggression. The ICC was created by the Rome Statute, which established the court’s jurisdiction abilities and stated that the ICC could only make rulings on those four crimes when they occurred in states that were unable or unwilling to prosecute the cases themselves. This treaty has been ratified by 123 countries, most of which are in Africa or South America, and notably do not include the Republic of China, the United States, or the Arab Republic of Egypt. The ICC has been accused of inequality in the cases that it prosecutes, with a harsher focus on crimes committed in Africa than crimes committed by countries that are not members of the treaty.

The Arab Republic of Egypt signed the Rome Statute in 2000 but has no plans to ratify it. By not ratifying the statute, Egypt remains unbound on the judicial actions taken by the ICC but cannot undermine the purpose and objects of the treaty until it officially declares that it will not be a State Party to the treaty. Egypt has the means necessary to prosecute crimes committed within its boundaries and feels that the ICC does not have much legitimate political power within Egypt. In 2013, the Muslim Brotherhood tried to impose ICC ruling over Egypt, but this was inevitably rejected, coming from a party rather than a state. Egypt will continue to limit ICC authority in cases regarding its citizens due to its belief that the ICC should only handle countries with poor legal systems.

Egypt, along with its other non-signing allies, believes that states should not have to cooperate as closely with ICC proceedings. The inequality in international prosecution is an issue, but one that would be better resolved through further enforcement of the acts of crimes committed by a country outside of the treaty toward a Party State of the treaty. States should not be required to cooperate with ICC proceedings if the state has not signed the Rome Statute. By not signing, these countries demonstrate they do not wish to be subject to ICC jurisdiction. Egypt did not ratify the Rome Statute because Egypt can deal appropriately with the crimes that the ICC has attempted to take authority over. The ICC is encroaching upon the freedom that Egypt decided not to give up. To address the perceived inequality in international criminal prosecutions, the ICC should focus on balancing out the location of its prosecutions, focusing more on the states that have ratified the treaty than those that have not.

Country: Egypt
Delegate Name: Bethany Narducci

The International Criminal Court (ICC) is the court with the power to try individuals for the four core international crimes: genocide, war crimes, crimes against humanity, and aggression. The ICC was created by the Rome Statute, which established the court’s jurisdiction abilities and stated that the ICC could only make rulings on those four crimes when they occurred in states that were unable or unwilling to prosecute the cases themselves. This treaty has been ratified by 123 countries, most of which are in Africa or South America, and notably do not include the Republic of China, the United States, or the Arab Republic of Egypt. The ICC has been accused of inequality in the cases that it prosecutes, with a harsher focus on crimes committed in Africa than crimes committed by countries that are not members of the treaty.

The Arab Republic of Egypt signed the Rome Statute in 2000 but has no plans to ratify it. By not ratifying the statute, Egypt remains unbound on the judicial actions taken by the ICC but cannot undermine the purpose and objects of the treaty until it officially declares that it will not be a State Party to the treaty. Egypt has the means necessary to prosecute crimes committed within its boundaries and feels that the ICC does not have much legitimate political power within Egypt. In 2013, the Muslim Brotherhood tried to impose ICC ruling over Egypt, but this was inevitably rejected, coming from a party rather than a state. Egypt will continue to limit ICC authority in cases regarding its citizens due to its belief that the ICC should only handle countries with poor legal systems.

Egypt, along with its other non-signing allies, believes that states should not have to cooperate as closely with ICC proceedings. The inequality in international prosecution is an issue, but one that would be better resolved through further enforcement of the acts of crimes committed by a country outside of the treaty toward a Party State of the treaty. States should not be required to cooperate with ICC proceedings if the state has not signed the Rome Statute. By not signing, these countries demonstrate they do not wish to be subject to ICC jurisdiction. Egypt did not ratify the Rome Statute because Egypt can deal appropriately with the crimes that the ICC has attempted to take authority over. The ICC is encroaching upon the freedom that Egypt decided not to give up. To address the perceived inequality in international criminal prosecutions, the ICC should focus on balancing out the location of its prosecutions, focusing more on the states that have ratified the treaty than those that have not.

Country: Israel
Delegate Name: Nina Hall

Israel
Nina Hall
Royal Oak High School

Over the years Israel has had growing issues with ICC and their jurisdiction. Recently the issue arises from the growing conflict between Israel and Palestine. Israel is not a member of the ICC and disputes its jurisdiction on the basis that Palestine is not a sovereign state capable of being a party to the Rome Statute, and former Israeli Prime Minister Benjamin Netanyahu has repeatedly condemned the allegations and investigation. It is clear that the Court still has challenging, continuous duties and challenges nine years after the Rome Statute entered into force, and to make matters worse, they all need to be addressed at once. International trials are notoriously difficult and frequently politicized, so some delay is to be expected. But the increasingly slow processes cause significant issues. The first major issue is also the most practical one: lengthy trials are costly and resource-intensive to the point that international tribunals are sometimes unable to handle a heavy caseload or respond quickly to emerging crises. The second issue is almost philosophical. Criminal courts all over the world recognize the fundamental right of accused parties to a trial without excessive delay; yet, the demonstrated incapacity of international tribunals to guarantee this right threatens both their operational viability and perceived credibility globally.

International criminal tribunals are far from a “finished product,” and more work has to be done. Achieving the speed and efficiency that distinguish the best criminal justice systems is today severely hampered by procedural delays that are partially self-inflicted and theatrical obstruction by accused parties. Trials have also become longer as a result of the courts’ adoption of restrictive witness regulations, such as those that forbid “witness proofing,” or the lawyer’s assessment of a witness’ evidence before the witness appears in court. Although the goal of such a ban is to decrease witness tampering, it also makes people more surprised. Leading question restrictions are also frequently used in international criminal tribunals. However, asking leading questions is the most effective way to elicit clear and concise answers on cross-examination and to highlight important background information and other non-contentious evidence. Even though they ultimately end up in the same place, these restrictions all make it necessary for the courts and parties to take the long way around.

Still, all of these efforts to improve the ICC’s process of trial have yet to prove effective. Israel will continue to denounce the ICC’s jurisdiction in international cases as well as the unlawful investigations it has conducted against the country of Israel.

Country: United States of America
Delegate Name: Sarah Dixon

Legal Committee
Inequality in International Criminal Prosecutions
United States of America
Sarah Dixon
Forest Hills Eastern

The International Criminal Court (ICC) has become a source of concern regarding inequality, despite its intended purpose of justly trying individuals as a final resort court for the most malevolent of crimes. The ICC, formed in 2002 after the 1998 adoption of the Rome Statute, includes 123 States Parties. The ICC’s implementation of the Rome Statute lacks principle due to the court’s inability to manage its proposed cases. The ICC overextends itself by attempting to hold trials for individuals from non-States Parties, many of which have proven to be capable of executing their own trials with objectivity and equality.

The United States of America is not a State Party of the ICC and will never ratify the Rome Statute. The ICC lacks legitimate authority, yet attempts to claim ubiquitous jurisdiction over the citizens of every nation. This claim to power violates all principles of justice and due process. The US will never surrender its sovereignty to an unelected and unchecked global bureaucracy. Furthermore, the ICC has already demonstrated a failure to respect justice in multiple respects: retrials based on errors of fact, allowance of hearsay evidence, inadequate protection of the right to a speedy or public trial with reasonable bail, and the lack of jury trials. Compliance with the demands of the ICC would contradict the very nature of the US Constitution, especially as it would allow the trial of US citizens in a foreign court for crimes committed on US soil. Furthermore, the ICC remains unnecessary for cases involving US citizens, merely infringing on the authority of US military and domestic courts which, together, already execute trials on war crimes, crimes against humanity, crimes of genocide, and the conscription of child soldiers. The United States has no problem with the ICC’s assertion of control over nationals from submissive or corrupt countries; however, the ICC must respect that it has no claim to jurisdiction over principled non-States Parties such as the US.

The United States of America does not recognize the authority of the ICC and defends the sovereign jurisdiction of US courts over cases concerning US citizens; however, the US does acknowledge the importance of the ICC’s role in protecting accountability for atrocities. While the US will not support any ICC attempts to gain authority over US nationals, the US will continue to support the ICC’s efforts in certain dire cases. The US has a legacy of supporting countless international, regional, and domestic tribunals to provide justice for victims of atrocities, and the US will continue to do so through cooperative relations. The US suggests to the Legal Committee to continue the reform of the ICC as a court of last resort in punishing and deterring atrocity crimes. Such a reform will allow the ICC to prioritize situations that truly demand outside assistance while protecting righteous non-States Parties from an unnecessary infringement on their rights.

Country: Romania
Delegate Name: Christian Boyce

Legal Committee
Inequality in International Criminal Prosecutions
Romania
Christian Boyce
Forest Hills Northern High School

The International Criminal Court was founded in 2002 with the purpose of prosecuting the perpetrators of grievous crimes concerning the international community. The Court is a last resort when national courts are unwilling to resolve issues. The court is dependent on its member states to enforce its jurisdiction. However, some states have yet to ratify the Rome Statute, created in 1998, which brought about the Court.

Romania has continuously supported the ICC. The ICC brings justice by precluding crimes of the greatest concern to the international community.. Romania is one of the founding members of the ICC and has regularly made contributions to the ICC budget. Romania ratified the Rome Statute in 1999 Romania was the seventh of forty-one ICC member states to request an investigation of Russia’s war crimes committed in Ukraine.

Romania fully supports the ICC’s role in creating international order and law. The ICC has shown itself to be a necessary part of international justice. Romania endorses the Court’s fight against the international criminals that affect all countries among the ICC’s member states or separate from it. Romania encourages more efforts to prompt member states of the United Nations to sign the Rome Statute.

The ICC is an indispensable part of the ongoing fight to achieve international justice. More member states of the ICC would increase funding overall, but evenly distribute funding requirements across the countries. This would also lead to greater enforcement of the ICC’s jurisdiction, resulting in greater preclusion of the international crimes the ICC seeks to prevent. Romania hopes to work with the ICC’s constituents to heighten the support of the Court leading to greater international justice.

Country: Yemen
Delegate Name: Emilio Hernandez-Martinez

United Nations Legal Committee
Inequality in International Criminal Prosecutions
Republic of Yemen
Emilio Hernandez-Martinez, Forest Hills Northern High School

In the face of an increasingly vulnerable global populace suffering from acts of genocide, crimes against humanity, war crimes, and crimes of aggression, the United Nations Diplomatic Conference of Plenipotentiaries created The Rome Statute of the International Criminal Court (ICC) on July 17th, 1998. The four transgressions listed became the main categories of the crimes under their jurisdiction, though, due to the lack of an enforcement body, the Court relies entirely upon the cooperation of all participatory states. In total, one hundred twenty-three parties have signed and ratified the Statute.
Among the nations that chose not to support the treaty, the Republic of Yemen is notorious for its opposition to the ICC. Though Yemen did indeed sign the Rome Statute on December 28th, 2000, and therefore implicitly consented to the Court’s authority, the country has yet to ratify the enactment or its subsequent amendments; this is largely a consequence of the ongoing civil war that has ravaged its citizenry since 2014. In response to allegations of war crimes and human rights violations taking place within the nation, in addition to a near absolute lack of a criminal prosecution system, Yemen has faced the ICC on several occasions. Numerous foreign associations and individuals have sought intervention from the Court on Yemen’s practices, namely the supposed war crimes committed by the internationally recognized and Saudi-backed coalition.
Reflecting the thoughts of other bodies against the Statute, Yemen’s central criticism of the Court is that it generates minimal action through an overly prolonged procedure. The effectiveness of the ICC has been called into question quite frequently, even as far back as the original proposal for the Rome Statute, with the seven nations who voted against it and the twenty-one who abstained; Yemen, was, of course, among those seven. Not only is the basis of the institution inherently unable to address international crimes in a fair and effective manner, but the level of investment given to the organization, both financially and timewise, is disproportionately high. With an estimated total outlay of $900 million USD derived from federal government contributions and only one completed trial, many (including Yemen) suspect that the project is simply too wide-ranging to be properly functional. Beyond that, the fact remains that certain situations have arisen in recent history that may have benefited from the Court’s interference, such as the Israeli–Palestinian conflict, but either the restrictions set in place for its jurisdiction or an actual internal bias have prevented any substantial progress.
Though the chief concern presented by the committee is in regard to a perceived inequality within the chosen prosecutions, the Republic of Yemen firmly believes that the crux of the matter is the intrinsic flaw in the foundation of attempting to regulate worldwide criminal activity. From its very inception, the International Criminal Court has been based upon the fallacy that such form of ordinance is both feasible and necessary, an assessment that Yemen wholly opposes; in other words, Yemen is of the opinion that the Rome Statute should be repealed and the ICC consequently dismantled. While a motion for outright elimination of the program may be considered radical, Yemen maintains that it is the only veritable, long-term solution to all of the issues currently plaguing this division of the United Nations.

Country: United Kingdom
Delegate Name: Connor Argenzio

United Nations Legal Committee
Inequality in International Criminal Prosecutions
United Kingdom
Connor Argenzio
Forest Hills Northern High School

It is indisputable that the rule of law is the fundamental idea that separates humans from animals. The United Kingdom fully supports the International Criminal Court as it is one of the ICC’s founding members; the UK was a signatory country of the Rome Statute in 1998. To this end, the UK recognizes the importance of international criminal justice in enforcing order and accountability and has modeled its foreign policy around this principle. Although the UK and the ICC have had minor disagreements, such as the ICC’s handling of the Israeli-Palestine conflict, the UK acknowledges the importance of the ICC in protecting civilians and protecting world peace.
The International Criminal Court was established on November 30, 1998, with the signing of the Rome statute. The UK was one of the original signatories of this agreement. The UK has been involved with the ICC on multiple occasions to settle disputes in a diplomatic and timely fashion. The first example that comes to mind is the unfortunate ICC investigation into alleged UK abuses committed in Iraq; However, the UK denies these allegations and accepts the ICC’s right to pursue due process. The UK recently called on the court’s authority to investigate Russia’s conduct in Ukraine. The UK has gathered allies to prompt an ICC investigation of Russian war crimes committed against the people of Ukraine. Nothing has come yet, but the UK is confident that the ICC will initiate an investigation and try all those guilty of violating international law.
Despite the ICC’s numerous signatories and supporters, the court remains relatively impotent in breaches of international law. It does not have the means to enforce its warrants independently and has little power over non-signatory nations. The ICC is also significantly underfunded and thus lacks the proper resources to effectively enforce the laws established by the Rome Statute in 1998. Its most immediate failings can be seen in its failure to hold Israel and the United States responsible for war crimes. In light of these many shortcomings, the UK urges the United Nations to spare more resources for and extend the influence of the ICC. For the law to retain meaning, it must be applied equally; thus, the ICC’s authority must be extended to hold all nations accountable, regardless of prestige or power. However, in its current form, the ICC cannot fulfill its significant and fundamental responsibilities. To that end, the UK calls upon all willing nations to contribute towards an increase in ICC resources and an extension of its power through the establishment of significant economic consequences in the event of a nation’s noncompliance with ICC warrants. For the rule of law to persist, the ICC must be strengthened.

Country: Jordan
Delegate Name: Haiden Korhorn

International Criminal Prosecutions are the prosecutions for crimes that are across countries usually like war crimes or terrorist attacks. The inequality with this is that in some bigger countries, they could easily use their power to their advantage. If a small country is attacked by a much larger and more powerful country, they are much less likely to be prosecuted or be in trouble for its international crime.
Where Jordan sits on this situation is kind of neutral. Jordan is a smaller country that relies heavily on its larger allies such as the U.S. and some European countries. Jordan never really causes international problems that cause wars or any other issues. Jordan has dealt with very few issues and none have caused a full-on war between several countries. Jordan tries there best to keep peace and stay neutral between its allies and other counties.
Similar to the United States, Jordan has very bad relations with Iran, Iraq, and Syria. This comes because of the tension between the U.S. and those countries. Since the U.S. and Jordan are so close, it causes problems.
Iraq, one of Jordan’s enemies, has had a large issue with international crimes. They have bad relations with several countries because of their want to start war and cause issues. Just a bit ago, the U.S. attacked Iraq because they had been in control of very large and deadly weapons. This caused more tension between them especially after the U.S. intervened in the Iran-Iraq war. Not only this, but one of Iraq’s leaders from years ago, Saddam Hussein, and the Baath party were convicted of several war crimes. Jordan and the U.S. have both looked at this which didn’t help their relations with Iraq. Saddam Hussein was then appeased by the United Nations since he was causing so many issues internationally.
Overall, Jordan has been quiet and peaceful when it comes to international crimes and prosecutions. Since it is a smaller country and relies on the U.S. a lot. Jordan doesn’t go out of its way to cause issues. Unlike Jordan, Iraq does in fact go out of its way to start international problems and issues, especially with the U.S.

Country: Germany
Delegate Name: Thien Truong-Phan

Country: Germany
Committee: LEGAL
Topic: Inequality in International Criminal Prosecutions
Delegate: Thien Truong-Phan
School: Williamston High School

The ICC is a court that puts individuals that have committed heinous crimes such as genocide or war crimes on trial. The ICC has multiple issues however. The ICC lacks funding and resources to handle the cases that go through it. Not all countries have agreed or signed on to the ICC either, including major powerhouses such as China and the United States of America. The major problem with the ICC however, is within its own system. Lack of cooperation from other countries make it difficult for the ICC to fairly put individuals on trial. This means that there is a disproportionate amount of smaller African countries or other third world countries to have cases in the ICC. Our committee must look into how we can solve the problems that the ICC is facing in order to make it a successful and useful tool in our world.

Germany has signed onto the ICC. Germany signed the Rome Statute in 1998 and believes that it is a useful and just device that can be used to put individuals on trial. Germany’s government has pledged and donated much money to the association and wants it to be utilized more often and more effectively.

Germany wants to solve the problem of the inequality that countries and individuals face in the ICC. Germany also wants to try and solve the other issues that the ICC face such as lack of resources to carry out their research needed to make decisions and that not all countries have signed onto the statute, especially the larger, more powerful countries. Germany looks forward to working with other countries that are a part of the ICC or have similar ideas, plans, or wants as Germany has.

Country: Brazil
Delegate Name: Jake Brody

Country: Federative Republic of Brazil
Committee: Legal Committee (Legal)

The adoption of the Rome Statute Treaty formed the International Criminal Court. The ICC has been heavily criticized because of its specific choice of cases which may have advanced inequality in the court. The ICC has been accused of focusing on some countries’ crimes disproportionately, and disregards other countries’ crimes completely. The United Nations has addressed this issue and wants to amend it. The ICC must continue to be a legitimate system and treat all criminals equality, holding them accountable for their crimes.
Brazil ratified the Rome Statute treaty in 2002. Brazil is a firm believer in protecting the rights of humankind and trusts in the process of justice. Brazil became the 70th state party of the Rome Statute and has been a devoted member ever since. Brazil is committed to upholding the system of the Rome Statute and wants to improve it, making it fair for all who go through it. Brazil believes in pursuing international justice and that it is important that cooperation between state parties is constant. With cooperation the court can mandate justly. Along with cooperation, Brazil firmly believes in inviting new states to the ICC. States that join multilateral treaties that promote human rights and combat impunity should be welcomed and not be chastised. The invitation of more states would lead to less bias in the legal process. Universality is key to establishing a universal criminal system for all.
To solve this issue domestically, the Working Group of Brazil has created a bill that implemented the provisions of the Rome Statute, Geneva convention, and other treaties relating to humanitarian law, and they got rid of laws that do not provide effective punishment for international crimes. Recently, Brazil welcomed the State of Palestine to the ICC, and Brazil has activated the Kampala Amendments, which help improve the international justice system.
Brazil has many possible solutions to the inequality of the ICC. First, there must be better cooperation and communication between the 123 states of the Rome Statute. Once this is achieved, cases will be more fairly prosecuted. Second, there must be more countries (states) in the ICC. The ICC must continue to encourage the signing of the Rome Statute by countries who have not already signed it. The involvement of more states will lead to more perspectives on cases and further equality of the system. A proper and just trial must be accessible to everyone. The last solution that Brazil will propose is more funding to the ICC. With more funding, the ICC can recruit more states to the Rome Statute. More funding would hopefully lead them to be more cooperative with the rest of the states. Once again, Brazil is proud of being a founding member of the ICC and wishes to continue to improve this vehicle of justice for all.

Country: Spain
Delegate Name: Meredith McDonough

Approaching the consequences of genocide, war crimes, and crimes against humanity is nothing short of difficult. The year 2004, the ICC (International Criminal Court) established itself through the foundation of the Roman Statute, its institutional treaty. Its main strive is ending all impunity and ensuring proper rulings for perpetrators of criminal offenses at the international level. Within doing this, the organization has made a considerable amount of advancements within the rule of law through its independent and impartial position, as well as being the first international law system to focus predominantly upon victims of these crimes, allowing victims participation throughout the duration of proceedings, as well the formation of Trust Funds for Victims. As of November 2012, the ICC has received more than 12,000 applications for participation in the proceedings, and over 80,000 recipients were able to receive assistance from the Trust Fund and alongside local and international partners. The organization’s values coincide with the UN’s overarching purpose of maintaining international peace and security, this is evident through the creation of the formal UN-ICC Relationship Agreement form, stating the cooperation of the two groups, and still maintained within the UN’s legal security council today.

July 18, 1998, Spain signed the treaty of the Roman Statue, followed by depositing their instrument of ratification within October 2000. By doing this, Spain declared publicly that they will continue to support the efforts of the ICC and further implement and follow their legislation practices within international proceedings. The country of Spain is highly active in the issue of human rights, this is demonstrated through its membership in the Human Rights Council from both 2011 to 2013 and 2018 to 2020. Within this council, the country spoke publicly regarding its stance on eradicating the death penalty, alongside its push towards law reform. Spain has also contributed to the UN’s establishment of policies regarding gender rights and discrimination. These individual efforts coincide with the ICC’s focus on distinct gender-based crimes. Their signature and ample support of the statute further express Spain’s willingness to participate in efforts of dismantling past injustice, as well as address accusations regarding the ICC’s disproportionate rulings.

The country of Spain believes in just and proper rulings for perpetrators of criminal offenses, therefore suggesting that proper measures and investigations be conducted upon the disproportionate violations within Africa and other countries whose rulings were conducted unjustly by the ICC. Additionally, based on Spain’s position in the Human Rights Council, and the United Nations’ formation of policies, Spain would like to see more support from states towards the ICC, in order to ensure that fair treatment and representation for victims is given to its full extent.

Country: Democratic Republic of the Congo
Delegate Name: Adam Goudreau

Delegate:Adam Goudreau
Country:DR Congo
Committee: Legal
Topic: Inequality in international prosecutions

The International court is used as a last resort to try individuals for war crimes, genocide, crimes against humanity, and aggression this ICC very unequal for example the US, Russia, and China have all decided to not join the treaty which means they are not legally obligated to anything the ICC decides. Three of some of the biggest countries in the world all extremely likely to commit war crimes just decide to not join. Meanwhile, countries in Afrika like the Democratic Republic of Congo are getting constantly hit with crimes. The focus should be on the bigger countries which are more bound to committing these crimes.

Why should the ICC be allowed to prosecute poor small Afrikan countries and ignore the thousands of war crimes committed by the U.S., The Russian Federation, and People’s Republic of China. It Is possible that over 6,000 war crimes have been committed during the Ukrainian and Russian war but the ICC still ignores that and spends most of their time focusing on Afrika. Is it racial inequality? Is it economic inequality? Or is it both? Either way it needs to change. The United Nations must come together to put the focus on the real problems.

DR Congo feels that 1 big court (the ICC) is nowhere near enough in national justice systems; there is not just one big court to go over all problems. So The DR Congo would like to propose a new and improved treaty that is equal for all. The proposal must be signed by all Nations in order for equality. The treaty will consist of a court system for each continent. This will Seamlessly get rid of the inequality already seen in the ICC which is that it is centered around one continent. If only all the Nations could come together and for once stop being so selfish the world would be a way better place.

Country: Guatemala
Delegate Name: Alessandra Alkema

Commentators internationally have criticized the International Criminal Court’s (ICC) lack of acknowledgment of the inequality in the criminal justice system. The ICC is responsible for trying individuals for war crimes, genocide, aggression, and overall crimes against humanity. The inequality that transpired in international criminal prosecutions is due to the type of cases the ICC pursues; the ICC lacks the sufficient amount of resources needed to handle the abundance of cases taken. The ICC requires cooperation from all the 123 states that are party to the Rome Statute to hold appropriate parties accountable and carry forth with investigations; however, the ICC has been accused of only focusing on crimes committed in Africa and ignoring those committed by other countries such as the United States. It is vital to discuss appropriate courses of action to address this inequality and discuss why some states have not ratified the Rome Statute. This issue is important to the country of Guatemala because of the corruption and impunity that have remained to be major problems.

Guatemala specifically acknowledges the growing inequality in international criminal prosecutions and the progression of the issue. Despite the creation of the International Commission Against Impunity in Guatemala (CICIG) which was sponsored by the United Nations, Guatemala has weak and corrupt law enforcement. CICIG’s mandate to help international prosecutors did not include investigating crimes from the 36-year civil war that Guatemala experienced. After those 36 years of civil war from 1960 to 1996, Guatemala became the 121st State Party of the Rome Statute. The PGA (Parliamentarians for Global Action) has worked closely with Parliamentarians in Guatemala in the past to fight against impunity for the most serious crimes. Eventually, Guatemala deposited its instrument of accession to the Roman Statute on April 2nd, 2012. Courts were established to help fight against corruption and the security threats faced by judges, lawyers, and others involved in prosecuting and defending individuals. The Supreme Court Decree (No. 21-2009) that established the competency of these courts outlines a list of requirements. Guatemala has become a world leader in the domestic prosecution of international crimes committed during its conflict in the past. CICIG has helped mentor reformers and advance rule-of-law reforms to deal with this issue of corruption and inequality.

Guatemala has a lengthy history and past of corruption and an overall weak criminal justice system. Today, the CICIG mandate has a possibility of ending. Guatemalan human rights and anti-corruption groups still continue to look at the issue of inequality in international criminal prosecutions. Guatemala asks other parties to respect the rule of law in the country. Guatemala will continue to focus on resolving and ending corruption and impunity within criminal prosecutions in the country. The nation will only make efforts toward itself as we have not assisted other countries with similar issues. As Guatemala continues to work with CICIG, reforms toward the rule of law will continue to be made that will further advance toward changes in criminal prosecutions in the country. We would like to see other countries focus on their own nation and assist others if absolutely necessary. We ask the ICC to acknowledge the inequality and to focus on all countries dealing with criminal prosecutions instead of a few.

Country: Japan
Delegate Name: Julia Joo

The International Criminal Court works to prosecute individuals who have committed grave crimes. It is the first and currently the only international court with the authority to prosecute for crimes. The Rome Statute of the ICC was brought into effect in 2002. 123 countries are a part of the ICC. Notably, China, Russia, and the United States have not joined it. The ICC has been praised for its work in progressing international law yet has also been criticized for its racial disparity and lack of effectiveness. As of now, twelve investigations have been opened, most in Africa, and forty-six people have been indicted.

Japan believes the ICC is necessary and effective. It is the number one financial contributor to the ICC and donated the maximum amount allowed in 2008. Asia is underrepresented in the ICC, so Japan has taken initiative. The ICC president, Piotr Hofmanski, is currently considering opening the ICC’s first regional office in Japan. The court began a formal investigation of Russia’s war crimes following the beginning of its war against Ukraine, which Japan and 40 other member states requested.

Japan acknowledges other nations’ concerns about the ICC. However, despite its flaws, it is still better than nothing. It is currently the only international court that prosecutes war criminals. It is also considered a last-resort, meaning it is only used if national courts are unwilling to do so. Japan is of the opinion that the ICC requires more funding. It is funded by nations and NGOs, but many prominent nations have not joined or extended their assistance. This way, the ICC would have the funds required to open more investigations, including investigations in developed nations outside of Africa.

The ICC is no doubt a crucial organization to achieve justice internationally. If it receives the boost it needs in funds and support, it would be able to expand its influence internationally and prosecute criminals nations are unwilling to prosecute themselves. In that sense, it keeps nations in check. In spite of certain nations’ resistance to assisting such an important court, Japan hopes other countries can recognize, adopt, and lend a hand to the ICC.

Country: Turkey
Delegate Name: Ellie Thorburn

The ICC is a court for last resort to prosecute individuals accused of genocide, war crimes, or crimes against humanity. It was created by the Rome Statute in 1998 and 120 countries are part of the statute. Those who have signed the document must agree to be prosecuted by the court. The ICC’s powers with hearing a case include if there was an offense of a party to the Rome Statute or if the perpetrator’s country is part of the Rome Statute. The ICC is currently investigating cases in Sudan, Uganda, DRC, CAR, and Keyna. The ICC was negotiated within the UN. It is not part of the UN but it does report to the UN General Assembly.
The court aims to deal with the most severe crimes of genocide, war crimes, crimes against humanity, and aggression. For the ICC to take on a case they must determine if there is enough evidence, if it’s within the court’s jurisdiction, genuine national proceedings, and serve the interests of justice and the victims. The court has to rely on states to extradite those who are indicted but this can become a problem because if a leader, for example, committed a crime but the state gives the case to the ICC until years after the crime they might not face trial. One problem within the ICC is 10 of the 13 situations under investigation are all from African countries and all of the 28 cases at the court some of them now closed and 14 of the defendants are from African nations. But don’t international crimes occur across the globe?
Turkey is not a part of the ICC. Turkey has been hesitant for years to join the ICC and the government has been under pressure from human rights groups to proceed with joining the membership. Turkey is one that has not ratified the Rome Statue. Turkey is outside of the system and its foreign policy goals require it to be inside that system. If the country is to be a member it has to sign the document but Turkey has not yet ratified it. The ICC handles genocide, war crimes, and crimes against humanity and aggression. Turkey has problems with these categories in the country. Crimes of aggression also concern Turkey because of the Cyprus issue.
How do we make the ICC system fairer to all countries signed to the document? Some countries should be investigated due to crimes within the countries, but so far only African countries are mainly being investigated. Turkey even though they are not signed the document would like to see changes with a fair playing field with countries globally. The country would like to see countries like Armenia, Syria, India, the US, Mexico, etc be investigated.

Country: Nigeria
Delegate Name: Brayden Hart

Delegate: Brayden Hart
Country: Nigeria
Committee: Legal
Topic: Inequality of International Criminal Prosecutions

Nigeria has been a well known area of crime recently and supports the ICC fully. Nigeria, a country that sadly has taken a large toll on crime, is in support of the ICC and could use some certain crime to be taken to the ICC. Nigeria’s crime rates on all types of crime have risen in the past decade. For such a small country, our crime rates are similar and can compete with countries that have a population over one billion. Some countries are bound to have more crime than others and may need to be focused on. Seeing the crime that is upon the world currently, Nigeria thinks that it should be handled efficiently and equally, which is not the specific way that is being used at the moment.
Some of the main crimes that happen in Nigeria can include, human trafficking, drug trafficking, robbery, and terrorism. Some of these things are suspected to be apart of large organized crime groups. For example, Boko Haram is a group that has been known to kidnap, traffick, and take people hostage. The other main thing that has been done by this group is the amount of killing due to war crimes, terrorism, murders, and basically their proccess of attempting to overthrow the Nigerian government and creat an Islamic state. These crimes have many different ways to be combated and some can be effective if used in the right way. Some of the main things that should be focused on solving is the trafficking of humans and terrorism.
The inequality of the ICC is something that varies depending on what region and type of crime the International Criminal Court needs to handle. Focusing on one specific region, like Africa is focused on today, is the right idea, since there is lots of crime, but not the ideal way to solve this problem. One way that this problem can be handled is the authorization of military, investigation, or police personnel being used in a wider range of areas. The system of crime as a whole is something that should not be focused on one area, since the systems have advanced. For these reasons, Nigeria’s believes that the ICC should simply expand its jurisdiction and take action on more organizations, or personnel.

Country: Russian Federation
Delegate Name: Micaela Story

Despite the seemingly harmonious intentions spelled out by the Rome Statute, support and unity surrounding the International Criminal Court (ICC) continue to diminish. In 2016, several countries announced their departure or plan to depart the ICC. Many parties have been quick to point out that the majority of ICC cases are disproportionately focused in African countries, claiming the push of a Western Imperialist agenda. Since its start, the ICC has only won four cases, leaving many countries hesitant in its ability to effectively prosecute criminals. As a result of the court’s lackluster performance and invasive views on sovereignty, several countries including China, India, Russia, and the United States have not ratified the Roman Statute, leaving them exempt from the court’s jurisdiction.

The Russian Federation believes that sovereignty and the right of states to self-govern are some of the foremost concerns surrounding the ICC. Because of these values, the Russian Federation officially withdrew its signature in 2016, joining a considerably large group of countries, including the US and Israel, who had also withdrawn. Russia also feels that the jurisdiction of the ICC is somewhat discriminatory towards citizens of countries who have not ratified the treaty and that claiming jurisdiction over foreign nationals in a country under the ICC’s jury is overstepping. Because of the worldwide distrust of the ICC and its inability to win cases and take cases in regions outside of Africa, the Russian Federation believes it is unwise to allocate funds towards the court. Russia holds absolute faith in its judicial system seeing as all high-level judges are personally appointed and vetted by the president. The Russian government does not hesitate to hold citizens and foreign nationals responsible for their crimes, and readily prosecutes criminals.

Taking into account the number of countries who do not or have withdrawn support of the Rome Statute, Russia does not plan to support the advancement of the ICC unless some significant amendments are created. Russia would like to see a plan or proof of the ICC’s ability to conduct cases outside of Africa, among other concerns. The Russian Federation also feels that sovereignty and the right of nations to govern themselves are vital to any effective participation or acceptance of the ICC. Russia will readily work with countries, including China, North Korea, and any others who wish to protect the rights and sovereignty of their nation.

Country: Indonesia
Delegate Name: Claire Williams

Legal Committee
Inequality In International Criminal Prosecutions
Republic of Indonesia
Claire Williams
Forest Hills Eastern

The negative effect of inequality in international criminal prosecutions caused the most crimes committed in the twentieth century, because of the high crime cases. The International Criminal Court (ICC) was established on July 17, 1998, to prevent further mass genocide, international wars and etc. The ICC created a permanent organization to prosecute the most serious crimes committed in their territory. One specific effect of the ICC is The Nuremberg and Tokyo Tribunals from World War II. In 1945, the Allied powers led the trial of Imperial Japan and Nazi Germany. They accused the Axis powers of torture and planned murder. On trial, the victors set standards for crimes against humanity, and enforced international law. The United Nations General Assembly created the Convention on the Prevention and Punishment of the Crime of Genocide a permanent group to stop deals of this from ever happening again. The Cold War, however, created international criminal justice. The United Nations at the end of the Cold War introduced ad hoc tribunals. The ad hoc tribunals were created by the United Nations Security Council to stop any crimes like the ones in Yugoslavia and in Rwanda. The event of the Cold War was a major factor in the ICC and later created the ICC in the summer of 1998.

The Republic of Indonesia helped partake actively in the creation of the International Criminal Court. Indonesia sent a delegate to the Rome Diplomatic Conference in July 1988, where the Rome Statute was created. The Rome Statute is a treaty created by the ICC allowing states which have jurisdiction over it to prosecute or investigate the perpetrators of international crimes. Indonesia did not sign or ratify the Rome Statute, understanding the nation already has the legal instruments necessary to protect the citizens. Since Indonesia did not sign the Rome Statute, the ICC looks at Indonesia as a non-state party. As such, Indonesia does not have any help or connections to the ICC. Indonesia has tried multiple times to ratify the Rome Statute but has missed the deadline twice in 2000 and 2005 to commit to the Human Right Action Plan of Indonesia.

The Republic of Indonesia has not taken any action against the UN and has remained very silent about inequality in international criminal prosecutions. Indonesia wishes to stay sovereign and not reliant upon other countries for diplomatic issues. Indonesia has taken some actions nationally with the government investigating and prosecuting officials who committed an abuse of human rights. UN concerns about human right abuse in Indonesia helps bring light to the abuse of human rights all over the Indonesian islands.

Country: South Africa
Delegate Name: Emerson Abbo

Legal
Inequality in Internal Criminal Prosecutions
The Republic of South Africa
Emerson Abbo
Forest Hills Eastern

The ICC or International Criminal Court is a court of last resort used to instill peace and convict against crimes including genocide, crimes against humanity, war crimes, and the crime of aggression. An international court was first proposed at a Paris Peace conference in 1919, and after nearly a century of drafts, meetings, and conferences, the General Assembly convened a conference in Rome in 1998 to finalize a treaty. In July of that year, 120 countries adopted the Rome Statute of the International Criminal Court. Since then, in the ICC’s short and politically restrained life, it has opened numerous investigations in 10 different countries and concluded several trials. However, several countries have made well-founded claims that the ICC disproportionately targets African countries. These allegations discredit the ICC’s mission and undermine its influence.

The Republic of South Africa was one of the first countries to sign the Rome Statute and has long shared ICC’s mission of fighting for human rights and ending immunity. However, South Africa is concerned by the ICC’s disproportionate number of prosecutions against African Countries and questions the court’s current principles and credibility. Additionally, South Africa is alarmed by ICC’s interference with peace and Security on the African continent. In 2013, the African Union (of which South Africa is a member) complained that the ICC was primarily targeting African suspects and failing to file charges against Western criminals. Then in 2015 Omar Hassan Ahmad Bashir, former president of the Republic of Sudan, attended an African Union meeting in South Africa. The ICC prohibited Omar al-Basir from leaving South Africa due to arrest warrants, and South Africa was presumably obligated to cooperate with the court by arresting Omar al-Bashir. South Africa failed to arrest him which escalated the tension. South Africa was disappointed in the following controversy and believes that a diplomatic process was wrongly escalated into a judicial process.

South Africa recognizes the ICC as an important tool for international justice, but calls for fundamental reform. More specifically, the ICC should prosecute evenly between countries and stop targeting African countries. South Africa calls for other countries to hold the ICC accountable for this mission, as well as continue their own separate contribution to the fight for justice.

Country: Poland
Delegate Name: Lucy Claire White

The International Criminal Court or the (ICC) is a court used only in the most drastic situations. Poland supports the (ICC) and has also used it to their advantage in the past for example in April of 2022 while supporting Ukraine against war crimes committed by Russia and speaking out against the bombs that were unintentionally dropped in Poland. Poland currently believes that there will always be inequalities in the justice systems but as of right now there are no inequalities present in the International Criminal Court (ICC).

As for Poland’s supporting the (ICC) in 2019 Andrzeja Duda the president of Poland visited the International Criminal Court (ICC) and was thanked by the president of the ICC (Judge Chile Eboe-Osuji) for Poland’s unwavering support of the ICC. As well as the fact that in 2001 Poland ratified the Rome Statute, Poland has also signed the Kampala amendment (concerning crimes of aggression). As a result of Russia’s attacks on Ukraine and accidental attacks on Poland the UN has taken action and has suspended Russia from the Human Rights Council further proving that the (ICC) does take action to help other countries.

As Poland does not believe there are inequalities within the ICC the only thing that Poland can suggest to do is to further improved the (ICC) for example getting more countries to sign off on the Rome statute and addressing the concerns of the US, China, Iraq, Israel, Libya, Qatar and Yemen over the fear that the ICC will abuse its power. Poland also believes in order to improve the ICC we will need to gather more funding and resources.

Country: Democratic People’s Republic of Korea
Delegate Name: Jaelyn Andrick

The Internation Criminal Court was constructed in hopes of prosecuting individuals accused of genocide, war crimes, crimes against humanity, etc. 123 countries are currently a part of the International Criminal Court, 33 of those countries being African countries. Despite the fact, the International Criminal Court attempted to be neutral, and unbiased, in recent years they have shown a lot of bias. Many criminals prosecuted through the International Criminal Court within the past few years have mostly been from Africa, instead of cases from all around the world. The Democratic People’s Republic of Korea does not associate with the International Criminal Court and has no intentions to. The DPRK will not party with the Rome Statute.

As of now, the Democratic People’s Republic of Korea has not taken any action towards the International Criminal Court, nor the inequality happening within the ICC. On account of North Korea not being a member-state of the ICC, they have no jurisdiction over Kim Jong-Un, or DPRK itself. The DPRK has no plans to take any action against this issue since it is not affecting our country.

The Democratic People’s Republic of Korea feels that crimes against the country should be dealt with within the country, not through the International Criminal Court. War crimes should not be dealt with through the ICC, instead, they should be dealt with by the country in which the criminal is from. China, an ally, strongly disagrees with the International Criminal Court as well.

Country: China
Delegate Name: Isabella Frederick

In recent years the issue of inequality in international criminal prosecutions has been rising dramatically. Although the International Criminal Court strives to be unbiased and fair, it is not. It has shown a history of prejudice, where it more often prosecutes countries in Africa, while ignoring criminal activity in countries such as the United States. China strongly believes that these issues would be solved if the countries undergoing prosecution would be able to prosecute the issues within their own country instead of the ICC. Due to China’s disagreement with the ICC they have not yet signed the Rome Statute and have no intention to.

As of now China has not taken action against the ICC. They have only denied the court jurisdiction in their country. As stated previously, China greatly disagrees with the ICC and has no intention of signing the Rome Statute or giving the ICC any jurisdiction in China. Due to this the ICC has no effect on China because they have no judicial power in the country.

China holds the opinion that the best course of action would be for each individual country that is involved in the ICC to have the option to prosecute themselves. This would allow for equality in prosecution of all countries and the ability for each country to have a say in the criminal prosecutions of these crimes. Unless this change is made, China will hold strong to their belief that the ICC should have absolutely no jurisdiction in their country and will continue to refuse the ratification of the Rome Statute.

Country: France
Delegate Name: Luci Perez-Simons

The ICC has been working as best as it has been hoped to, for it has a few faults that are expected, but some countries beg to differ. The Rome Statue, a treaty that began the ICC, was signed in 1998. Ever since then, the ICC has been operating. As of today, 123 states are a part of the court. The most notable issue, though, would be the inequality in the court, where they often focus on too many cases from Africa, and not as many cases internationally. This issue can be easily explained; the ICC does not get enough funding for as many cases to be looked at.
France has always worked comfortably with the ICC and tries to provide as much as possible. France cooperates with the court as much as possible compared to other states. France also tries to promote the Rome Statue to countries that have not yet signed it or are reluctant to join.
So, how can the committee make a difference and solve this issue? The main issue that deserves to be discussed is that there can be inequality, and that is because of the budget that the ICC gets every month. Because so many countries have still not decided on whether or not to join, the ICC continues to only be able to cover a limited amount of cases each year. Since the ICC mainly deals with cases that originated in Africa, inequality can most definitely be seen here, but this is just a case of insufficient funding. With this main issue being addressed, we can efficiently find a way to solve this issue. France proposes a basic solution, which would be getting more funding for the ICC. There is a plentitude of ways that countries can do this, and the best way to do that is by bringing more countries that are opposed to the ICC in. By doing so, more countries can fund the ICC, which will bring the court to have more cases that will not be so centered around a specific continent.
So, France believes that the best way to solve this problem is by getting more countries and funding for the ICC. If we were able to efficiently do this, the ICC would be able to deal with much more cases, and by including this in further issues, we can make sure that we can efficiently try and distribute the number of cases more internationally.

Position Papers for GLIMUN 2022 will appear above this line, with the newest being at the top.