Global Policy Forum

By Jeff Sallot

Diplomat intends to show detractors, skeptics new international body effective.

Canadian diplomat Philippe Kirsch, the first president of the new International Criminal Court, hopes to win over critics in the United States and elsewhere who fear the tribunal will become a political Star Chamber.

The court will be able to show skeptics that it is an effective institution for dealing with despots, war criminals and abusers of human rights, Mr. Kirsch said yesterday. "The International Criminal Court is an independent body. It is neutral and impartial and must operate according to the highest tradition of the rule of law," Mr. Kirsch said in a speech yesterday after taking his oath of office at The Hague, where the court is based. "Of course, the court will have to behave in such a way as to demonstrate by its actions that those concerns about politicization are unfounded," he added later in a telephone interview. In time, he said, the court can become a deterrent to those who might be tempted to commit crimes against humanity except for the knowledge that the long arm of international law will eventually reach them.

The court's 17 other judges elected Mr. Kirsch yesterday as their president, the equivalent of chief justice. Akua Kuenyehia of Ghana and Elizabeth Odio Benito of Costa Rica were elected vice-presidents. Although the judges are still introducing themselves to each other, criminal complaints are already piling up in the court's in basket, Mr. Kirsch noted. The court has received about 200 claims, but none can be dealt with until the 89 countries that have ratified the treaty creating the court elect a chief prosecutor. That vote is expected late next month.

Investigations of complaints could begin in June, but it is possible that the court's first trial may not begin before the end of the year. Mr. Kirsch, who is wrapping up a term as Canada's ambassador to Sweden, said he cannot speculate what cases might be heard first. Human Rights Watch, a New-York-based group that has been one of the strongest advocates for the creation of the court, said the judges won't have to wait long for work. Groups are ready to present evidence of crimes against humanity committed during recent armed conflicts in Colombia, Congo and the Central African Republic, HRW spokeswoman Brigitte Suhr said.

Nearly 140 countries signed the treaty, and 89 have ratified it. U.S. President George W. Bush's administration has not only opted out but signed side deals with about 24 countries to guarantee they will never turn U.S. citizens over to the court's jurisdiction.

U.S. officials fear surrendering sovereign jurisdiction to try their own citizens and say politically motivated prosecutions could put American leaders in the dock. Mr. Kirsch noted that within his new position, he will no longer be able to engage in diplomatic lobbying for the court. But that won't stop him from performing "outreach" duties to win over skeptics, he said. The new president and other champions of the International Criminal Court point out that it would have jurisdiction only in cases where countries refuse to prosecute alleged war criminals or are unable to do so.

Ms. Suhr said Mr. Kirsch's election should be interpreted as a clear signal to Mr. Bush that the court is a formidable body to be taken seriously, not the politicized tribunal the U.S.fears. Mr. Kirsch's strong credentials as an international law expert and the calibre of the other new judges will make it hard for Washington to continue to disparage the court, Ms. Suhr said.

Philippe Kirsch

Background: Born in Namur, Belgium, in 1947. Moved with his family to Canada at age 14. Master of law degree from the University of Montreal. Joined External Affairs in 1972.

Foreign postings: Posted to Peru after one year with External Affairs. Posted twice to the United Nations in New York, initially as first secretary and legal adviser to the Canadian mission, later as ambassador and permanent representative of Canada. Since 1999, Ambassador to Sweden.

International Criminal Court: Chaired five-week 1998 UN Rome conference that established the court. In 1999, elected chair of commission established to develop the instruments needed to operate the court. In 2003, elected president of the court.

Awards: Robert S. Litvack Award from McGill University and InterAmicus in 1999 for contribution to the cause of peace and human rights; William J. Butler Human Rights Medal in 2001 from Urban Morgan Institute for Human Rights, Cincinnati, Ohio.

Sources: Department of Foreign Affairs and International Trade, CP

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