ICC Post - Sam Douds

 

            Following my reading of each argument, the one that stuck out to me the most came from Kamari Clarke. Clarke essentially argues that the International Criminal Court cannot and should not pursue a form of justice that fails to account for historical context. This is particularly true for formerly colonized states that have struggled to re-establish themselves in the post-colonial era. I think this argument spoke to me because it seems startlingly similar to many questions that the United States currently confronts domestically. Americans frequently wrestle with the true nature of justice and whether or not it should include a critical understanding of history’s human rights crimes. This is most obvious in the cases of reparations and affirmative action. Issues such as these, that fundamentally include a group that was formerly subjugated by an oppressor class that largely still holds power today, represent a challenge that the United States in particular cannot seem to find a consensus on. Should we consider, account, and correct for the massive head-start that White people had in the US when deciding who qualifies for a high-quality education? Can we make a just ruling in a court of international law without acknowledging the history of transgressions that formerly-colonized nations have endured? The questions have obvious similarities.

            In candor, I am not sure that it is possible for the International Criminal Court to effectively make the appropriate acknowledgements. However, I do believe that said acknowledgements are necessary. For an international body, that is practically controlled by former colonizers to continually come down on formerly colonized states without first making some effort, even just verbally, to recognize their role in the present turmoil is wrong. This does not excuse current human rights transgressions nor does it lay them at the feet of former colonizers, but it does implore sensible nations to pursue a solution that is rooted in an open and sincere acceptance of the facts.