Can international criminal justice be effective in preventing war crimes?

On 22 November 2010, the trial in the case of The Prosecutor v. Jean-Pierre Bemba Gombo commenced at the International Criminal Court (ICC). It is alleged that the accused is criminally responsible, as a person effectively acting as military commander within the meaning of article 28(a) of the Rome Statute, for two crimes against humanity (murder and rape) and three war crimes (murder, rape and pillaging). These alleged acts were committed in the territory of the Central African Republic between 26 October 2002 to 15 March 2003. This is the third trial that has begun at the ICC. Bemba represents the highest profile accused thus far, having acted at one time as Vice-President of the Democratic Republic of Congo (DRC) and a senator in the DRC Parliament. This trial breaks new ground at the ICC in that it is the first where evidence of sexual violence comprises a significant part of the Prosecution’s case and the first to charge an accused under command responsibility for rape. At a press conference coinciding with the commencement of the trial, the rights of the parties and participants in the proceedings before the Court were stressed. The ICC Registrar, Silvana Arbia, stated that ‘only through a fair trial can the law play its proper role in establishing lasting peace and fighting effectively against impunity for crimes which are […] of concern to the international community as a whole, and which deeply shock the conscience of humanity’. These reflections give rise to a number of fundamental issues, two of which are briefly addressed here. They both go to the core of the way in which criminal justice is and should be pursued, as well as examining the importance of the rule of law. They are also indicative of the emergence of an internationalised system of criminal justice, which will continue to evolve as the international community increasingly recognises the need to more comprehensively address areas of global concern.