By Steven van Hoogstraten.
This week was an important week for the Hague, as the City of Peace and Justice. UN Secretary General Ban Ki Moon visited the city for the double purpose of the celebration of 70 years International Court of Justice (ICJ) , and of the inauguration of the new premises of the International Criminal Court (ICC) . SG Ban Ki Moon made a speech at both occasions. It is interesting to read a summary of what he communicated to his audience, and what the respective presidents of the two international courts said on these occasions.
At the brandnew headquarters of the ICC , built on the sand of the dunes close to Scheveningen, the Secretary General’s remarks at the official opening on 19 April were focused on the individual accountability for the greatest crimes of concern to mankind. He said “the inauguration of the permanent premises of the ICC is a milestone of global efforts to promote and uphold human rights and the rule of law. It is in all our interest to help the Court achieve its objectives. Its success will be the legacy we leave for future generations”.
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The Secretary General observed that both the United Nations and the ICC (an independent treaty organization) are fighting to end impunity on a global scale and to deliver enduring justice.
He urged that more members of the UN would ratify and accede to the Rome Statute. What he said was echoed by the International Criminal Court’s president Judge Silvia Fernandez, who stated that “international criminal justice is intended to ensure that mass atrocities are addressed and further crimes are prevented. Indeed the credible likelihood of accountability is key to their deterrence. This mandate is relevant everywhere, even in places where international crimes may be unimaginable today… The Court has a global mandate but has not yet attained universal participation. Many of the world’s worst conflict zones are beyond its reach.More countries need to join the Rome Statute, so that the ICC is able to address all crimes in an equal manner”.
One might easily repeat those last words, as the adherence to the Court ( now at a respectable 124 States Parties) is still only partial and major world forces have decided to sit on the fence for the moment.
The following day of 20 April saw his participation in the 70th birthday of the International Court of Justice in the Peace Palace. The ICJ had been responsible for inviting the Secretary General of the UN to the Hague in the first place. In the Peace Palace the SG of the UN concentrated mainly on the conflicts between states.
“Over the years , the International Court of Justice as the principal judicial organ of the United Nations, has made a central contribution to the rule of law. It has stepped in effectively where diplomatic or political measures have failed. It has helped countries settle their disputes by peaceful means . And it has compiled a solid record of effective and impartial judgements, thereby building global trust in the Courts work and faith in the power of law”.
Mr Ban Ki moon further remarked that the Members of the United Nations are turning to the Court on some their most complex matters. “The judges have repeatedly demonstrated their expertise in technically difficult and politically sensitive fields including maritime and territorial disputes.”
The president of the ICJ, Mr Ronny Abraham then stated that the need for a world court working for international peace and justice is as strong today as when the Charter was first signed in 1945 . In 70 years the face of the world has changed substantially. These changes have had an impact on the type of cases brought before it. Thus the Court has of late had occasion to hear a number of disputes concerning relatively new areas such as international environmental law. Such cases may involve the analysis of complex factual data.
The Court has also heard a growing number of cases involving alleged violations of human rights and humanitarian law, through which it has been able to develop its jurisprudence, at the same time taking care to consider that of the courts, tribunals and bodies which specialize in these areas, thus ensuring the coherence of international law. “At 70, the International Court of Justice has reached a serene maturity. Conscious of the importance of the mission with which it has been entrusted by Member States , it is ready to face the new challenges that might arise in the coming decade.”
Both events were attended by HM King Willem Alexander of the Netherlands , who performed the official first act on the premises of the ICC by opening a large book with the text of the Rome Statute. This set in motion a film about the key features of the ICC.
The Minister of Foreign Affairs of the Netherlands Bert Koenders also addressed the audience at both occasions with some substantive remarks.
Mayor of the Hague Jozias van Aartsen spoke at the opening of the ICC, calling the new ICC building the Peace Palace of the 21st Century. He referred to the well established iconic role of the actual Peace Palace for international peace and justice.
