International Justice Day 2018
Each year July 17th is observed as International Justice Day. It is also known as World Day for International Justice. According to Blas Jesús Imbroda Ortiz, President of the BPI-ICB-CAPI this year (2018) marks the twentieth anniversary of the Treaty of Rome that established the International Criminal Court, an extraordinary and exceptional step in history, not only in Law but also in humanity. The Rome Statute is the founding treaty of the International Criminal Court, supported by more than 120 countries. The International Criminal Court is the first permanent court to end impunity for the perpetrators of most serious crimes which are of great concern to the international community, such as war crimes, crimes against humanity, genocide and the crime of aggression.
The preamble to the Rome Statute acknowledges that common bonds unite all peoples and that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity. The Statute recognizes that such grave crimes threaten the peace, security and well-being of the world and affirms that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation. The State parties are determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes and acknowledge that every State must exercise its criminal jurisdiction over those responsible for international crimes.
According to Black’s Law Dictionary (7th Edition, 1999), Justice is the fair and proper administration of laws. ‘Justice’ is the dictate of right, according to the consent of mankind generally, or of that portion of mankind who may be associated in one government, or who may be governed by the same principles and morals – P. Ramanatha Aiyar’s Law Lexicon (3rd Edition, 2012)
Protecting rights and punishing wrongs using fairness. It is possible to have unjust laws, even with the fair and proper administration of the law of the land as a way for all legal systems to uphold this ideal. – The Law Dictionary (https://thelawdictionary.org/letter/j/page/19/)
Today on International Justice Day we must not forget that justice is about the fair and proper administration of laws and protecting rights and punishing wrongs using fairness and respect for human rights and for the principles on which democratic states of law are based can rule. We must not forget that millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity. Each and every State that professes Rule of Law must put an end to impunity for the perpetrators of these crimes and contribute to the prevention of such crimes.
This is a day to reflect upon the victims of genocide, crimes against humanity, and war crimes and to celebrate the international community’s continued efforts to create a more just and peaceful world. It recognizes the nascent and strengthening system of international justice that has emerged since the Nuremberg and Tokyo Trials after World War II.
Though the government, civil societies and various organisations in India continue to celebrate this day, India has not signed and ratified the Rome Statute on the International Criminal Court (ICC). The reason appears to be that Rome Statute on the ICC defines war crimes including the ‘armed conflict not of an international character’ in Article 8 which has met with resistance from the Indian establishment. Seven Nations (USA, China, Iraq, Libya, Yemen, Qatar and Israel) have voted against the Rome Statute of the International Criminal Court in 1998. Some other States are contemplating withdrawing from the ICC.
The Manifesto of the International Criminal Bar on the occasion of the International Day of Criminal Justice urges that all states, without exception, become a part of the International Criminal Court and demands that all countries cooperate actively with the International Criminal Court.
The Manifesto appropriately concludes as “Finally, we ask and urge for the cessation of conflicts, wars and violations of human rights so that peace and respect for human rights and for the principles on which democratic states of law are based can rule”.
Common bonds unite all peoples. Millions have been victims of unimaginable atrocities and such grave crimes threaten the peace, security and well-being of the world. This must stop. Every State must exercise its criminal jurisdiction over those responsible for international crimes.
advocatedavid View All →
An Advocate practising at the Supreme Court of India, Delhi High Court, other High Courts in India and the National Company Law Tribunal. He acts as counsel for parties before Arbitral Tribunals (ICC, LCIA, ICA, & DIAC proceedings). He is serving as a Governing Body Member of the Indian Council of Arbitration and is a Registered Foreign Lawyer of the Singapore International Commercial Court.
He practices in the areas like Corporate & Commercial Litigation, Arbitration, Constitutional Law, Administrative Law, Company Law, Insolvency & Bankruptcy, Access to Information, Mining Law and Competition Law.
His areas of interest besides legal are writing on Constitutional and other legal issues; Golf and Photography.
The social needs, Mr Robin David is committed to, are Child rights, labour welfare, access to education, access to justice, access to health, mentoring, technology for the marginalized; the digital divide, and online safety.
He has been writing since the age of 7, and he delights in speaking about current constitutional issues.
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