World War Crimes Court Opens

The International Criminal Court, the world's first independent, permanent and global war crimes tribunal, held its inaugural session on Tuesday with the swearing-in of 18 judges.

The court is based on the principles of the Nuremberg tribunals set up after World War II to try Nazi German leaders accused of gross violations of human rights (photo).

The ICC has been ratified by 89 countries, including all European Union member states, as well as such war-torn nations as Afghanistan, East Timor and the Democratic Republic of Congo. One notable absentee from the list is the United States, which says it fears the court could be abused for politically motivated prosecutions. Other opponents include Israel, China and Iraq.

Washington's worries

Although the United States under President Bill Clinton signed the 1998 Rome Statute setting out the ICC's jurisdiction, structure and functions, the Bush administration has since backed away from the agreement. Washington says anti-American prosecutors could bring charges against U.S. troops or officials, both past and present. The United States has been lobbying other nations to sign bilateral agreements under which neither party would bring the other’s citizens before the court.

Washington's stance has drawn criticism both at home and abroad. Benjamin Ferencz, who served as a war crimes prosecutor for the U.S. at the Nuremberg Tribunals, said on his Web site, "The current leadership in the United States seems to have forgotten the lessons we tried to teach the rest of the world."

Nevertheless, some human rights campaigners say the inauguration of the first 18 judges will make it more difficult for Washington to undermine the court. Richard Dicker of the human rights organization Human Rights Watch told the news agency Reuters, "The judges' inauguration makes this court more unstoppable than ever."

Genocide, crimes against humanity, war crimes

The ICC will hear trials relating to genocide, crimes against humanity, war crimes and the "crime of aggression," which has yet to be formally defined. It will be authorized to deal only with crimes committed after July 2002, when it officially came into being, and only in cases where the state in which the alleged crime was committed is unwilling or unable to hold its own trial. Furthermore, it will only have the authority to try cases where either the suspect comes from a state that has ratified the court, or the crime was committed in such a state, unless the U.N. Security Council refers a case to it.

200 cases pending

Since its official establishment, the court has received more than 200 complaints alleging war crimes. No legal action can be taken until a chief prosecutor is appointed, a move expected to take place in April.

Human rights organizations have hailed the inauguration of the court as the biggest step forward for world justice since the Nuremberg Tribunals. U.N. Secretary-General Kofi Annan was among hundreds of dignitaries invited to the opening ceremony.

German among first judges appointed

The court's first 18 judges, 11 men and seven women, include the German career diplomat and lawyer Hans-Peter Kaul (photo). Kaul, born in 1943, has served in consulates in Norway, Israel, and the United States, as well the German mission to the United Nations. He was also head of Germany's Office for Public International Law, and has been involved in moves to set up the ICC since 1996. Many nongovernmental organizations involved in the campaign to create the court view him as a committed and cooperative partner who worked consistently and energetically toward the establishment of an independent and effective tribunal.