Switzerland calls for ICC intervention

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It seems that today international community has remembered about ICC (International Criminal Court). Indeed, William Hague – British Foreign Secretary – published on his twitter a link showing a letter. This is referring to a letter addressed to the President of the UN SecurityCouncil by Thomas Gruber – Swiss chargé d’affaires - to the UN.
As a matter of fact, Gruber wrote it “jointly” with other 56 states, and after described situation in Syria characterized by: "summary execution, arbitrary arrest, enforced disappearance as well as violations of children's right and sexual violence" asks UN Security Council for an intervention  and in particular to refer about the situation to ICC.
Beyond shadow of doubt this is a good intention. But… a part that I am not sure about court’s power to punish somebody or at least its effectiveness about an hypothetical conviction, who really believe that once Assad’s power will be take off from his hands, if of course this would happen, he will not have been killed by his own “people”? Khadafi example could help understand the situation I am talking about.
Besides, it should be remembered that for ICC, according to art. 17 of his Statute (Rome 1998), a case is inadmissible if : “[…] is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution”. Being honest even in the joint letter which I already mentioned Gruber specified the limit of the possibility to refer to the ICC: “unless a credible, fair and independent accountability process is being established in a timely manner”.
So, in the circumstance that Syrian people decide to commit Assad’s counts to a national court, how would he be judged? Which rules will be applied during the trial? It is unthinkable that this hypothetical trial could be held following Assad’s “former” rules. It would be like put anyone in the position to judge himself. Mostly would judge themselves in a positive way or at least even if they would pretend to be modest it is anyway talking about a false modesty.
Returning to the main topic, I really appreciated the fake commitment of the 52 states to solve the situation in Syria but neither US nor Turkey jointed Switzerland’s letter. So, I can just say “inshallah” (God willing in arabic) and may Syrians take their power back form the bloody dictator. Meanwhile, international community is still writing letters full of love and good intentions.


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