I find this weeks readings really interesting because it further complicates the issue of accountability. When we see overwhelming support for Ukraine its seems difficult to understand why an ICC can’t join to prosecute Putin. On the flip side even though I see this clear interest in holding Putin accountable he does seem a bit untouchable. Like how could they realistically convict and imprison him and his highest leaders. Ukraine is fighting for the right to convict Putin in the international court but there are so many roadblocks to achieving this. What was interesting is how in the UN vote a lot of countries that generally condemn Russia abstained in the vote for a international tribunal to prosecute Russia. This introduces the political and economic incentives that make it difficult for people to choose between two opposing Powers. With the US and Western Powers on one side and Russia, China, etc on the other. These developing countries have to try to align themselves in the best interest of their countries. This while it seems obvious now was not apparent in many of the earlier pieces we read in the past few weeks. The US and Western Powers or even just developed nations have the privilege to be able to condemn Putin without facing consequences to their economy. While this sets them apart to be leaders of the cause but also due to the democratic nature of international law puts us in a difficult position. We can’t reach a democratic majority when the power imbalance exists between Nations outside of the apparent situation.
While the focus is on Ukraine in their present battle in the Russian War on Ukraine it is important to think about the justice that hasn’t been served. Syrian people are still fighting for the crimes against their families to be tried and for their killers and tortures to be convicted. I really admire the lawyers that were not afraid to speak up in the face of the brutal regime. And that even once they were able to reach safety are still fighting for justice. It was cool that there is a place that has immense documentation of the torture that is kept secret to protect it. While we are key to try to prosecute Putin we should not forget about the past. All war crimes should be prosecuted. Whats more is that the Crimes of Aggression article brings up how only Blacks and Africans have been prosecuted. This further adds this racial aspect and furthers the point that people in powerful countries can get away with crimes.
Enemy of Mankind is also a really good listen to understand the reasoning behind international trials in America. Jurisprudence is a precarious thing that strikes the balance between precedent, constitutional review and changing eras. The Alien Tort seems as much of a constitutional review as a political response to outside pressure. It is also interesting that laws that are largely forgotten can take new purpose. That in taking this court case we could establish new precedent that could set of new commitment to human rights.
