Justice Matters:  The UN Explores Multiple Pathways to Human Dignity, Dr. Robert Zuber

17 Jul

Roman

On July 14, Judge Silvia Fernandez de Gurmendi, president of the International Criminal Court (ICC), spoke to a packed conference room at UN Headquarters.  The event was chaired by Italy’s Ambassador Cardi and was intended as part of the UN’s acknowledgment of the International Day of Criminal Justice which falls each year on July 17.

The president hit many important notes during her address, including reminding the audience that the ICC is a court of “last resort” for the “crimes against humanity” under its jurisdiction, including the use of child soldiers, sexual violence as a tactic of war, the wanton destruction of cultural property, and soon the crime of aggression.  It is up to member states, she rightly noted, to help the ICC establish a “consistent pattern of accountability” for international crimes, in part by taking greater national responsibility for the investigation and prosecution of such crimes and in part through efforts to deter and punish those who seek to undermine the administration of justice through the ICC, including the interference with/harassment of witnesses.

The president did not take up several questions that some of us might otherwise have expected.  The ICC’s relationship to the Security Council, for instance, has been a contentious one that has included untimely referrals, massive security restrictions on investigations, significant budgetary limitations, and the Council’s refusal to sanction states that fail in their responsibilities to arrest indicted criminals.  Moreover, the president chose not to ‘call out’ states parties which have hosted – rather than captured – those very same criminals.

But what she did suggest was important: that credible international justice is essential to the restoration of rule of law, to human development, indeed to the dignity of victims.   She recognized that a “global system of justice” has many facets that are tied to the activities of courts, certainly to the vigorous promotion of internationally recognized human rights but also to a development and conflict prevention system that can uphold dignity and help ensure that the worst of crimes can be addressed in their potential before they unfold in grotesque practice.

As the president also recognized, other UN events during this past week touched on key elements of a global system of justice.   In the General Assembly, PGA Lykketoft convened a high level event to assess the human rights performance of the UN as it concludes its 70th year.   Fittingly, states used the occasion to promote the need to, as New Zealand and others noted, examine the implications of human rights across the three UN “pillars.” States from Panama and Chile to France and Estonia noted the many rights dimensions that affect people in overt conflict situations, but also highlighted those suffering from torture, discrimination, incarceration-related abuses and many other violations.   And while Liechtenstein rightly lamented that disregard of the ‘rules of war’ seems now to be reaching epidemic proportions, there was broad agreement with the Netherlands and others that we can do more  — and must do more — to ensure that people can finally live in a world “free from armed conflict.”

Last Wednesday in another small conference room, an “A” list of UN officials was brought together by Uruguay and Portugal to discuss the economic and social rights implications of the 2030 Sustainable Development Goals (SDGs).  ASG Šimonović set a collaborative tone, urging all of us “to bring human rights to the core of our development work.”  ASG Gass went ever farther, noting that the SDGs represent a “new social contract,” while lamenting a “shortage of tools” with which we can hold states (and others) accountable to their SDG promises.   Happily, Gass rightly suggested that the integration of human rights into the SDGs would help make accessible the more fully developed capacities within the human rights community which are already doing much to hold states accountable to rights-based obligations.  As it turns out, tools for SDG accountability need not be created.  They can be borrowed.

As for the convening states, there was enthusiasm for SDG-rights linkages but also cautious tones.  Uruguay’s Ambassador responded to those who see economic and social rights as “vague,” noting that genuinely sustainable development requires ‘dignity work’ in the form of ending gross social and economic inequalities.  Portugal’s Ambassador urged member states to show more leadership on core Charter values while simultaneously urging NGOs to help ensure that values espoused are values enacted.  But he also painfully referenced the many millions of persons in our world for whom rights and dignity remain only “a mirage.”

During his report on Friday in the UN Security Council, Special Representative Jan Kubiš made reference to the upcoming efforts by Iraq and its military partners to liberate the city of Mosul from ISIL control.   While clearly supportive of reducing all manner of ISIL’s influence, Kubiš also predicted that such liberation would likely trigger a humanitarian crisis that could dwarf the already horrific stories of deprivation and rights abuses (including by Iraqi forces) now emanating from Fallujah.  In many instances, it seems, “liberation” bears the potential to create and magnify trauma and deprivation in the name of eliminating them.  The Council, the government of Iraq and the entire UN community must leverage additional capacity to address the psychological and physical dimensions of victim’s assistance in all their aspects.

And of course to do more to ensure that the “pipelines” of trauma are effectively sealed, that relief is more than a fleeting mirage.

As the week’s events underscored, the struggle for sustainable human dignity is a long road, easier to claim than to protect.  As the ICC president noted, we live in a world in which “many perpetrators continue to be untouched.”  Sadly, there are millions more victims in our conflict zones who also remain “untouched.”   Our commitment – on sustainable development and international justice, on poverty reduction and trauma response – is to find the means and the will to touch them all.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: