ICC Post

 When looking at the arguments about the Internation Criminal Court I agree most with Ted Carpenter as he brings up great reason for the lack of due process on the court alongside other issues. One of the first issues he brings up is how a dictator or any offender who knows they will get prosecuted if the surrender will end up causing more damage in their downfall. If it is confirmed they will face consequences come to their defeat he is right that it seems they will be willing to do anything to therefore stay in power. This could end up putting even more people at risk just for the basically symbolic gesture of sending these people to face their crimes in court. Ultimately this reasoning on its own seems incredibly backward in the court’s goal.

Additionally, the author also brings up the major due process issues. First of all, it seems many pieces of evidence and testimonies are allowed that would never be allowed in domestic courts. This includes people who can just make claims and no one really needs to back them, up. Additionally, you can have totally anonymous testimonies against the person, which can lead to permanent consequences from them. This seems broken as it makes the court seem like it is not trying to be just but instead is just putting on a show to make these dictators face consequences and get sentenced. It perpetuates the idea that the minds were already made up and the court is a formality if it is this easy to bring evidence forward that is damning against said person. This is further reinforced by the fact that the court is only made up of three judges, and to get a conviction and sentence you only need a majority which is 2 out of the three. With that few justices, it should unanimous to convict someone, in the US you need all 12 jurors to convict someone, not just a majority, and definitely not just two people. This again shows the brokenness of the system and two people can be easily influenced and biased in their decision and the result is an incredibly unfair trial to the defendant.

All of these pieces come together to shows that the court is not only biased and unfair but that it can cause more damage than it is fixing. It is simply a symbolic international organization that does little to nothing to make the world a better place. The court should be abolished or reformed to have a greater number of people on it and a majority decision to make a decision. This will help reduce and maybe even eliminate bias. Additionally, the court should have a better system for evidence introduction that makes sure no one can make a claim, but it instead has to be backed up by facts to be brought forward to the court. With these changes, the court could become more just and therefore justifiable in the world order to help quell and punish dictators.

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