Arab Spring Reveals International Court Flaws
It was exactly the kind of case the International Criminal Court was created to investigate: Yemen’s autocratic leader was clinging to power, turning his security forces’ guns on unarmed protesters. Hundreds were left dead, and many more were maimed.
But when Yemen’s Nobel laureate, Tawakkol Karman, traveled to The Hague to ask prosecutors to investigate, she was told the court would first need the approval of the United Nations Security Council. That never happened, and today the former president, Ali Abdullah Saleh, is living comfortably in Yemen’s capital, still wielding influence.
Now, as the world confronts increasing evidence of atrocities on a much vaster scale in Syria as President Bashar al-Assad’s government battles a growing rebellion, there are signs that Mr. Assad is likely to evade prosecution, much as Mr. Saleh has.
The men have not been prosecuted because they have powerful allies, underlining what critics say are crucial flaws in the court’s setup. That now threatens to undermine the still-fragile international consensus that formed the basis for the court’s creation in 2002: that leaders should be held accountable for crimes against their own people.
Already, the failure to act against some leaders challenged by the Arab Spring is emboldening critics who see the court as just another manifestation of a deeply undemocratic international order. So-called justice, they say, is reserved for outcast leaders, including an assortment of African officials from weak states with few powerful patrons.