Sunday, 4 September 2011

To Hague or not to Hague that is the question?

With the creation of the international criminal court at The Hague by the allies shortly after the Second World War, the west believed it would enforce the precedent created at Nuremburg.

The Nuremburg trials were the first trials to indict principle figures of an overthrown national administration for crimes not only against individuals, but for crimes against humanity itself. They were an historic statement that would insure every despot and dictator knew the forces of law covered not only their subjects but themselves as well.

Nuremburg was the first step a trial not just because ethics demanded it but because the public wanted and needed to see justice was being done. During Nuremburg over 158 Nazi officials were tried before an international court and because of its precedent since 2001 twenty six individuals have been or are being tried at The Hague, charged with breaching the Nuremburg accords.

The Hague is the last bastion of justice for the forgotten; it and its mandate (created by the Nuremburg accords) remain one of the most important checks and balances in westernised world.

But what good is The Hague when it carries no force to implement its warrants outside of the westernised world. What good is The Hague to Africa and the Middle East were the dictator is common place and the despot not exactly rare. What good is The Hague when it only holds leaders to account after they have been overthrown and not before?

Never has a leader of a sovereign nation been held to account by any international court and this will ever be so. But it is not because the international court lacks the power to pursue them or that the international court is so underfunded and understaffed.

The problem lies in the idea itself, the voice of the people is why Nuremburg was recorded for broadcast in 1949 and why The Hague is televised today. Leaders of regimes guilty of committing war crimes require swift and decisive action. Allowed to live they may mount counter insurgency or even counter revolution but one thing is certain there continued existence will unquestionably lead to the destabilisation of the fledgling free nation.

Justice must be done against the adjutant and the adviser and The Hague excels at this. But because The Hague is a western court it does not report quickly or hastily. It will insure justice is done but will never force it. Justice takes time and time is something new administrations don’t have. New administrations that have been born out of war or rebellion must ensure stability and that their government stands separately from the old regime, but most importantly they must placate the people’s anger.

The the anger of those affected by a now defunct regime must be heard in its entirety which is why it is rare a rebellion or revolution can be concluded without the people themselves exacting the ultimate censure on their despot or dictator.

Weather the new administration likes it or not, they cannot restore confidence and security until the previous leader is censured, and well The Hague just takes too long....