Side Event: Book Launch and Discussion “Two Steps Forward, One Step Back: The Deterrent Effect of International Criminal Tribunals” (co-hosted by the International Nuremberg Principles Academy (INPA) and Germany)

Jill Bähring15th Session of the Assembly of States Parties, Publications

Highlights:

  • Prof. Linda Carter, University of the Pacific and McGeorge School of Law as well as editor of the book, called the deterrence effect a long-term development, which was based on several factors such as the creation of an historical record of atrocities by the respective court, the capacity-building at a national level, the development of norms within society, and the confidence in the international system.
  • Jennifer Schense, Director of House of Nuremberg and editor of the book, defined deterrence as the result of an actual threat of accountability combined with the perpetrators’ perception of such.
  • The importance of an interdisciplinary approach and realistic expectations was pointed out several times in the discussion with the audience.

The side event was opened by moderator Klaus Rachwitz, Director of the International Nuremberg Principles Academy. In his opening remarks, he stressed that the Nuremberg principles, which were unanimously adopted in the aftermath of the Second World War, had influenced the creation and development of international law on all levels.

Afterwards, Dr. Guido Hildner, Deputy Director-General, Ministry of Foreign Affairs of Germany, had the word. He recounted the creation of the International Nuremberg Principles Acdemy and presented the book “Two Steps Forward, One Step Back: The Deterrent Effect of International Criminal Tribunals”.

Judge Bertram Schmitt (ICC) noted that, while respecting the decision of the respective States Parties, he very much regretted the recent withdrawals. He called it lamentable that States would deprive themselves from the Court. Nevertheless, he emphasised that their critique needed to be heard. However, some of the issues with the Court were inherent and arising from the system of international justice itself. He pointed out that the Court continued its mission and had already delivered three judgements in 2016. The Court needed to make itself more visible to be perceived in its full relevance.

Christian Mahr, Director of External Operations at the ICC Registry, announced a new division of the Court focusing and bundling outreach activities, which would serve to achieve the goals of the Rome Statute. Part of this new outreach strategy would be more activity on social media and the new visitors’ center at the ICC. He called these activities a conscious effort to brand the Court and to make it an actor in the public realm.

Klaus Rachwitz added that the idea of deterrence, which was also a matter of outreach, originated in the Nuremberg Trials, where the idea arose that a Court of International Criminal Justice could cause a deterrence effect.

Jennifer Schense, Director of House of Nuremberg and editor of the book, subsequently talked about the book’s methodology and main conclusions. The book would address 10 situation countries of the ICC and take into account the perceptions of criminality, safety, and interactions of society in an environment where crimes have been committed. She defined deterrence as the result of an actual threat of accountability combined with the perpetrators’ perceptions of fear of punishment. She based this on the assumption that people were acting on basis of their perception. She added that the Court needed to develop a dialogue with its State Parties and a public perception of its activities.

Mark Drumble from the Washington and Lee University and external reviewer of the book, added that international law was inherently relying on politics. For victims, the perception of prosecution and impartiality mattered much more than for the criminal proceedings themselves.

Prof. Linda Carter, University of the Pacific and McGeorge School of Law as well as editor of the book, pointed out that, in order to achieve broader accountability, more national capacity building was needed. She called the deterrence effect a long-term development, which was based on several factors such as the creation of an historical record of atrocities by the respective court, the capacity-building at a national level, the development of norms within society, and the confidence in the international system.

In the discussion with the audience, the focus was on the preventive effect of deterrence, which could be achieved through a multi-dimensional approach. Jennifer Schense called the violation of human rights “the canary in the coalmine”, since the absence of their punishment could create a climate which facilitated further crimes. The importance of an interdisciplinary approach and realistic expectations was pointed out several times.

This report from the 2016 Assembly of States Parties of the International Criminal Court was originally published on PILPG’s blog Lawyering Justice.