“These victims are calling for justice” (Washington Post, “Court Examines Alleged Abuses in Central African Republic”). These words, spoken by Luis Moreno-Ocampo, chief prosecutor of the International Criminal Court, describe the sentiments of hundreds of civilians, their families, and most of all, the victims of war crimes and crimes against humanity in the Central African Republic.

With the launching of an investigation of alleged crimes committed in the country, the International Criminal Court now has a critical opportunity to bolster its legitimacy, efficacy, and force in ensuring justice and upholding the rule of law throughout the globe.

Just five years ago, on July 1, 2002, the Rome Statute of the International Criminal Court went into effect. Before the Rome Statute, instances of rape, sexual slavery, and sexual violence were not recognized as crimes against humanity or war crimes under international law; the Rome Statute was groundbreaking in recognizing these atrocities under international law. The current case with the Central African Republic is such a groundbreaking case since the alleged sexual crimes outnumber the killings to be investigated (Washington Post). An investigation and possible conviction of those responsible for ordering and committing these horrendous crimes would serve as a reminder that sexual crimes and violence against women committed during conflicts are not a permissible consequence of war and that such actions will be punished under international law.

There are other possible benefits and consequences of a successful investigation and indictment of those responsible for these crimes. Last month, Deputy Secretary of State John Negroponte stated, “The United States is convinced that violence in Darfur [Sudan], Chad and the Central African Republic is increasingly linked, that instability in each of the three states contributes directly to instability in the others, and that we need to move forward on all fronts to improve security and to protect civilians” (AllAfrica, “Refugees in East Caught in Political, Ethnic Crossfire”). Aggressively pursuing those responsible for war crimes in the Central African Republic will encourage stability and the rule of law by deterring potential violators and pushing various factions and rebel groups to make overtures to peace with the central governments they are fighting against. For instance, just this past week, during the same time the news of the investigation became public, one of the main rebel groups in the Central African Republic, the UFDR, reached an agreement with UNICEF to release and demobilize child soldiers. By the end of the year, hundreds of child soldiers are expected to be demobilized and returned to their families and communities (All Africa, “Negotiations Under Way for Demobilization of Child Soldiers”). An investigation and conviction of those responsible for the 2002-2003 crimes should further encourage efforts toward a cease-fire in the region.

In addition, a successful investigation and possible convictions of those responsible will add to the legitimacy and effectiveness of the Court. Under international law, many treaties state that individuals must exhaust all available domestic remedies before invoking the treaty’s provisions. The Bozize government concluded that the Cour de Cassation, the Supreme Court of the Central African Republic, does not have the resources to handle the investigation and prosecution of those alleged of war crimes and crimes against humanity (Washington Post). A successful example in the Central African Republic will be proof that nations without the resources to handle such complex cases will be able to count upon international institutions to competently assist in the furtherance of the international rule of law.

Most importantly, the victims’ calls for justice will be heard, and will fall upon open, not deaf, ears.

References:

AllAfrica. (May 23, 2007). “Ensure Perpetrators of Atrocities are Brought to Book, ICC Urged.” http://allafrica.com/stories/200705230558.html

AllAfrica. (May 21, 2007). “Negotiations Under Way for Demobilization of Child Soldiers.” http://allafrica.com/stories/200705210897.html

AllAfrica. (May 23, 2007). “Refugees in East Caught in Political, Ethnic Crossfire.” http://allafrica.com/stories/200705230868.html

Washington Post. (May 23, 2007). “Court Examines Alleged Abuses in Central African
Republic.” http://www.washingtonpost.com/wpdyn/content/article/2007/05/22/AR2007052201384.html