Tuesday, April 19, 2011 - 4:06 PM
According to this story, the new Egypt wants to join the International Criminal Court:
Foreign Minister Nabil al-Arabi said on Tuesday that Egypt is to join the International Criminal Court, as post-revolution Egypt works towards becoming a "legally constituted state".
"Egypt is currently taking the required steps to join all United Nations agreements on human rights and to join the International Criminal Court," al-Arabi said during a joint press conference in Cairo with visiting German foreign minister Guido Westerwelle.
"I think the events that have taken place in Egypt in recent days and the arrest of senior officials is evidence that the state wishes to follow the rule of law... domestically and internationally," al-Arabi said.
But wait! According to this story in the same publication, those indicted by the court will still be welcome in Egypt:
An Egyptian diplomat said Tuesday that Sudanese President Omar al-Bashir would be safe from prosecution in Egypt if the country becomes a member of the International Criminal Court.
At a press conference, Ambassador Mahmoud Ezzat, chief of judicial administration at the Foreign Ministry, said Egypt has had a clear stance on the Rome Statute since it was established.
He said al-Bashir could visit Egypt any time because of the ties of respect between the two countries.
The option of joining the ICC but refusing to arrest those indicted by it is an awfully appealing one to states near Sudan.
A country like Egypt that is so enthusiastic in trying their former leader in court, or otherwise just serving up civilian justice on him, would seem to be filled with people who push for truth and lawfulness. Not the new Egypt so far! If Egypt thinks it should become a member of the ICC they are going to have to prove that they can be responsible and serious in stopping crime. So far, it appears that all they want is to have their wrongs mended, but are perfectly fine with allowing other leaders of repressed countries to rule on without any consequences. So far Egypt's new government has done everything but impress the world.
If a state, such as Egypt, is a member of the ICC but fails to carry out the mission of the court in the spirit of international law then that state clearly is using the court for image-making purposes. Joining the ICC sends a message to the international community that Egypt is legitimizing its government through dedication to law. However, I find it odd that Egypt would then make it so clear that they have no plans to carry out that law when international relations issues make it inconvenient. Article 86 of the Rome statute clearly outlines the rights of the court to ask states involved in the ICC for their cooperation in matters of investigation and prosecution. I wonder what would happen if Egypt joined the ICC and then was called upon to aid the court in this particular matter? Would they comply?
I agree that this is a contradictory position for Egypt and the country will have to, at some point, clarify how it expects to have it's cake and eat it too. There is also a question of sincerity: is Egypt sincere about joining the ICC and fulfilling its obligations to the Court? If it is, is the country sincere about not arresting Bashir or is this political posturing towards a neighbour?
In any case, the extent to which not only Egypt, but the region has begun to employ the rhetoric of international criminal justice as well as take significant political moves towards recognizing the ICC is nothing short of remarkable. (http://justiceinconflict.org/2011/04/19/the-tides-of-justice-egypt-set-to-join-the-icc/)
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