At the outset, it can be said that a well-founded justice system is a prerequisite for the rational functioning of a nation-state. And social justice, based on this, can deliver the well-being of a society. In a global order, nothing is more relevant than connectivity between the world’s communities for better living, security, fair play, peace, and happiness.
World Day for International Justice is being observed on July 17 this year. It is also referred to as the Day of International Criminal Justice, manifesting efforts to recognise the emerging system of international criminal justice. The Day was chosen because it marks the anniversary of the adoption of the Rome Statute, the treaty that established the International Criminal Court (ICC) on 17 July 1998. On 1ST June 2010, at the Review Conference of the Rome Statute held in Kampala (Uganda), the Assembly of State Parties decided to celebrate 17 July as the Day of International Criminal Justice.
Each year, people around the world observe International Justice Day by hosting events that promote international criminal justice, particularly in support of the International Criminal Court. The day has been successful enough to attract international news attention, and for groups to use the day to focus on particular issues such as genocide in Darfur, Falun Dafa, and serious crimes of violence against women.
As authorised, the ICC investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
On the Occasion of International Justice Day, it unites everyone who wants to support justice and promote the rights of victims. It aims to help prevent serious crimes and those that threaten the peace, security, and well-being of the world.
Women’s Initiatives for Gender Justice believes it is essential to reflect on the current issues before the ICC, including progress on gender justice issues. Women’s Initiatives, on International Justice Day, calls on States, international organisations and civil society to continue confronting the widespread use of sexual violence in conflict, and work towards accountability for these heinous crimes.
On 17 July, the Auschwitz Institute for Peace and Reconciliation (AIPR) reaffirmed its support for the ICC, the ICJ (International Court of Justice), and other international bodies working to combat impunity and promote accountability. AIPR recognised the valuable contributions of these bodies to the global fight against mass atrocities through the prosecution of those directly responsible for these crimes.
Many, as victims of atrocities, saluted the work done by the ICC, which tempers one’s anger and gives hope. Deep down, they were inspired that other criminals can be charged so that the hearts of thousands of raped women can find some solace and the millions of souls lost to years of violence may finally rest in peace.
Yet another thought-provoking perspective was on the state of international justice, from the ICC to climate change, to the Palestine Issue, the Gaza Genocide, to reparations and corporate responsibility: “what we should observe on International Justice Day is alchemy, processes that are not perfect. International justice day should be an embrace of imperfection rather than some fetishisation of purism.”
Social justice is an underlying principle for peaceful and prosperous coexistence within and among nations. The international community has to uphold the principles of social justice when it is incumbent to promote gender equality, or the rights of indigenous peoples and migrants. Advancing social justice is for the removal of barriers people face because of gender, age, race, ethnicity, religion, culture or disability.
UN Human Rights Office maintains, “Those who commit gross violations of human rights or violations of international humanitarian law that amount to international crimes, such as systematic murder, torture, rape, enforced disappearance, enslavement, and destruction of property now have no safe haven”. The ICC is the world’s first international justice mechanism of its kind. It sends a strong message to perpetrators of human rights violations around the globe that one can run but cannot hide.
International justice has evolved in a way that no one who commits such crimes is immune from being held to account, even heads of state. The world has seen General Pinochet facing justice in the 1990s; also Charles Taylor, the former Head of State of Liberia, being tried and convicted by the Special Court for Sierra Leone. We have seen President Milosevic, Radovan Karadzic, and Gen. Slatko Mladic get convicted in war crimes by ICTY (International Criminal Tribunal for the former Yugoslavia, where I served UN Peace-keeping Mission as a Sub-Sector Chief)
Further, over 160 persons were indicted by the ICTY, including heads of state, prime ministers, army chiefs of staff, and interior ministers. More than 60 individuals have been convicted to date, and, currently, more than 30 individuals are facing trial in ongoing proceedings before the Tribunal.
It is the duty of every State to both put mechanisms in place to protect its people against violations and also to ensure accountability in the face of violations. But this is not just a belief. The international human rights obligations of States make it a reality, and it is a key principle upon which the International Criminal Court operates. This means States’ criminal justice systems must have the capacity to conduct trials of alleged perpetrators in accordance with international human rights standards.
Pakistan, by an official Declaration, 29 March 2017, recognises as compulsory ipso facto and without special agreement in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice (ICJ) under the Statute of the ICJ.(This superseded its earlier Declaration made on 12 September 1960).
Civilised democratic nations have strong justice systems that ensure accountability for every citizen, regardless of their position or social status. One hopes that this Day will inspire our government and relevant agencies to work towards strengthening the country’s judicial system to improve accountability and transparency, among other equally important objectives.
In conclusion, we must admit, it is a gospel truth that if we do not maintain justice, justice will not maintain us. We must remain under the secure umbrella of recognised international organisations, such as the UN, and adhere to the commitments we have made. Only by doing so, we earn credibility and their pleasure. It helps us.
They can help us, especially in areas of jurisprudence where we are suspect in the eyes of the world. Indeed – like it or not – we are suspect in matters like our age-old prison system, unjust and capital punishment, wrong convictions, detention without charge/trial, violence/abuses against women, media freedom, blasphemy law, etc. If we dispense justice and are seen to do so, we can get justice elsewhere.
We need to set our house in order. We need to do our homework better and wisely. We should then be able to seek (and get) justice from the international community and world bodies.
Our most IMMEDIATE problem is India and IIOJK. The perpetrating oppression and human right abuses in occupied Kashmir raised at world forums – especially in recent weeks by our Special Emissary Delegation’s whirlwind tours of major world capitals, post Bharat-led military aggression – seem to have received the needed attention & empathy which is likely to cause a hardened policy against Bharat and backing of Pakistan as we continue our aggressive diplomatic moves intensely and cleverly.
Yet one option will remain: taking the matter to the ICJ.
On this World Day for International Justice, let us vow to do everything possible at all levels. Let us reform our judicial system; let’s reform ourselves. We’ll then be known as civilised, human, and alive. Like Lois M Bujold wanted us to know, the dead cannot cry out for justice; it is a duty of the living to do so for them!
• The author is a Rotarian and a former. Senior career diplomat and can be reached at saladinch168@gmail.com
