African leaders want indictments of Bush, Blair and Netanyahu — NPR

the defiance of the ICC by South Africa will diminish the court’s authority.’

I doubt that. On two previous occasions Bashir had to cancel plans to visit South Africa because of the ICC warrant. This time, the South African executive branch had to cut short Bashir’s visit and sneak him out of the country from a military base, after the South African Courts had ordered that he be detained while hearings were in progress on surrendering him to the ICC. That might reflect poorly on the authority of the South African Courts, but it illustrates that the ICC had an effect.

What authority, exactly? The court has so far proved almost entirely useless.

Some of the fault for that lies with the Security Council, based upon its refusal to take action after the fact to support their own referrals, and for actively blocking referrals of serious situations. The UN is freeloading, by refusing to fund those investigations and prosecutions and in not ordering all member states to cooperate in arresting suspects, like Bashir. The two Prosecutors the Court has had so far, should have been removed under the terms of Article 46 of the Rome Statute for repeatedly delaying investigations and prosecutions of situations that had been properly referred to the Court by member and non-member states. Likewise, the judges should never allow the Office of the Prosecutor to discuss situations with political officials, like US Secretary of State John Kerry, who publicly took credit for making 50 phone calls to prevent the Prosecutor’s from accepting Palestine’s declaration accepting the Court’s jurisdiction.

Source Article from http://mondoweiss.net/2015/06/african-indictments-netanyahu

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