THE AUTHOR
Kofi A. Annan
The Best Candidate for the Toughest Job
To their credit, the States Parties to the Rome Statute are trying something new. A Search Committee with five members has been constituted to search for possible successors to the current Prosecutor. BY KOFI A. ANNAN
In December this year, a little-reported process will conclude
when those 119 States who are parties to the Rome Statute of the
International Criminal Court (ICC) elect a new Prosecutor. There are
many important decisions facing the world’s diplomats, including
those gathered at the UN General Assembly this autumn, but though
little-noticed this decision is no less momentous. The process must
result in the appointment of the most qualified candidate, and not,
as is too often the case when top international jobs are filled, the
person thought least offensive to the most countries.
The ICC Prosecutor and the office he or she presides over carry a
heavy responsibility – to bring to international justice the
perpetrators of genocide, crimes against humanity and war crimes. Of
course, the Prosecutor acts within the confines of the Rome Statute
– only pursuing cases where states fail to do so, or where the
states themselves, or the UN Security Council, refer situations to
the Prosecutor. To open a case, the Prosecutor must convince the
judges in pre-trial proceedings that he or she has sufficient
grounds to do so.
In the last several years, we’ve seen how important this role is:
pursuing criminal warlords in the Democratic Republic of the Congo
and Uganda. And also how difficult: prosecuting political leaders in
the Sudan, Kenya and Libya.
Some political leaders, including those who risk prosecution, are
openly and maliciously challenging the impartiality of the
Prosecutor; others refuse to abide by their obligations under the
Rome Statute to co-operate fully with the Prosecutor so that
investigations, indictments and trials can proceed.
And many powerful states, including China, Russia and the United
States, all permanent members of the Security Council, have still
not joined the court, even if they are now less vocal in opposing
it.
Clearly, the Prosecutor has a tough job. He or she must stand with
the victims and pursue justice, but do so in a way that demonstrates
to all fair-minded people that the law is being applied equally
without bias or favour. No easy task in a world where trust is in
short supply. He or she must rely on governments to make justice
real – there is no international police force. Legal knowledge is
key, as is a devotion to justice and the ability to lead an
international team effectively. The Prosecutor must, above all else,
have the skill to build, pursue and win cases, while deftly
maintaining the confidence of both victims and governments.
The Rome Statute recognises that this is a unique international
post. The Prosecutor serves for up to nine years, and cannot be
re-elected – thus strengthening the independence of the post.
Moreover, unlike many senior international posts, there are very
specific and clear rules in place to prevent the arbitrary removal
of the Prosecutor. The Rome Statute also makes clear that
appointment should be solely on the basis of merit and proven
experience, and that whoever is chosen must be a person of “high
moral character”.
The 119 States that have so far joined the Rome Statute are obliged,
therefore, to avoid the temptation of treating this appointment as
they do other international jobs. Too often, candidates for senior
posts at international organizations conduct elaborate election
campaigns in conjunction with their governments. This approach
brings quite a lot of problems with it: first, persons who are not
supported by their own governments, no matter how qualified, have no
hope of becoming an official candidate, much less getting elected.
It also leads to vote-trading in a type of global bazaar: one
country promises support for another country’s candidature in
exchange for the latter’s support for one of its own candidatures
for a different post. Merit often becomes a secondary consideration.
This must not happen in the election of the ICC Prosecutor. There
must be no hint of politicking in the election of the person who
will exercise the important functions assigned to this post.
To their credit, the States Parties to the Rome Statute are trying
something new. A Search Committee with five members has been
constituted to search for possible successors to the current
Prosecutor. The Search Committee has drawn up a list of candidates
all of whom will be interviewed, and then it will provide the States
with a final short list of three names. The final decision rests
with States. Member States may still nominate separate candidates,
but so far none of them have done so, thereby respecting the Search
Committee process.
This process is highly unusual in the international sphere and
deserves the full support of all those interested in the success of
the ICC. It holds out real hope of producing a consensus candidate
who is chosen because he or she is best equipped to do the job. And
it is this, above all else, that must guide the final decision in
December.
When as UN Secretary-General I opened the Conference in Rome 1998
where the ICC Statute was being drafted, I urged the delegates “…
not [to] flinch from creating a court strong and independent enough
to carry out its task. It must be an instrument of justice, not
expediency. It must be able to protect the weak against the strong.”
This was accomplished in Rome. The ICC Statute is a remarkable
achievement.
But politicizing the election process for the Prosecutor, or
polluting it with the horse-trading and vote-swapping that
characterize too many elections for international and UN posts,
would risk undoing this important achievement.
About the Author
Kofi A. Annan was the seventh Secretary-General of the United Nations, serving two terms from 1 January 1997 to 31 December 2006.
