Switzerland calls for ICC intervention
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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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