Justice Philippe Kirsch, the unanimously elected first President of the International Criminal Court (ICC) and former Canadian Ambassador to Sweden, gave a lecture during Winter Quarter at the University’s downtown Gleacher Center. Addressing a full house of over two hundred students, scholars, members of the legal community, Harris School alumni, and others from around the Chicago area, Kirsch explained the history, powers, and present condition of the newly formed legal body.

A public lecture in the Major Speaker Series sponsored by the Harris School’s Center for Policy Practice (CPP), Kirsch’s stop in Chicago was also part of a multi-city tour aimed at raising public awareness about the ICC in the United States.

The ICC, which has evolved out of an increasing global focus on international criminal justice, is a permanent forum for the prosecution of individuals who have committed genocide, war crimes, or crimes against humanity. “The ICC will replace the inefficient ad hoc tribunals that have been used in the past in places such as Rwanda and Yugoslavia,” Kirsch said. Because its success relies on wide-spread support and cooperation, Kirsch stressed that “the court must be open and maintain a dialogue so that we can work together towards our common goal of a secure world in which accountability rather than impunity is the norm.”

Kirsch further emphasized that the court would be “highly and carefully regulated” with safeguards to protect the accused and member states, as well as the victims. Created to supplement rather than replace state judicial systems, Kirsch further characterized the ICC as “the court of last resort,” only prosecuting cases in which the states involved were unable or unwilling to conduct the trial themselves.

“We received allegations of crimes involving tax fraud. We also received allegations of crimes committed in Iraq. We are unable to investigate either of these because they do not fall in our jurisdiction,” Kirsch said. The ICC can only prosecute crimes that are outlined in its mandate, were committed after its establishment in July 2002, and involve member states.

The United States is currently not a member of the ICC, and its participation has been a source of great controversy. Although it initially contributed to the construction of the ICC in 1998, the US government did not ratify the treaty in 2002. When asked during the question-and-answer session about US involvement, Kirsch stated, “I learned long ago not to speak on behalf of the US government. However, support from the United States would be helpful as the ICC’s ability to pursue international justice is derived from both the strength of its statutes and the support it receives.”

Inaugurated in 2003, the Center for Policy Practice is dedicated to facilitating programs that connect the classroom to the community and provide students with hands-on policy practice. In addition to the Major Speaker Series, CPP’s programs include group internships, practicums, and the Mentor Program. For more information, visit harrisschool.uchicago.edu/cpp.

Excerpted from “International Criminal Court Head Speaks about the Hague” by Jannine Kranz, originally published in the January 16, 2004, issue of the Chicago Maroon, available online at maroon.uchicago.edu/news.