Sunday 8 September 2013

EU, Syria, ICC and imagination

International law and moral principles are against collective punishment. One cannot punish the people for the crimes perpetrated by some of their leaders. Even in matters of war crimes and related offenses, the responsibility cannot be attributed to a group of leaders. It has to be linked to the individual responsibilities of each one of them, taking into account that there are different degrees of responsibility that call for different types of sentences. That’s why I think it is important to underline the following paragraph in Baroness Ashton’s statement of yesterday on the situation in Syria:

“The EU recalls the individual responsibility of the perpetrators of attacks of this type, who must be held accountable, and the role of the ICC in investigating and judging such acts.”

I wrote something similar in my weekly column of Visao, two or three days ago. But I went further. The UN Security Council has the duty to refer the chemical attacks to the International Criminal Court for investigation. It will be the Court that will decide on who should be in the list of suspects and then proceed against each one of them.

This is the way forward. 

It can, of course, be combined with a political process. And it should.

They are both missing. The ICC and the political process.

Some of us continue to prefer action to justice and imagination. Yes, imagination, because a political process in the case of Syria is above all an exercise extremely demanding in terms of creativity. 

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