Member News
19th November 2010
The interaction between national sovereignty and international courts has been discussed at a session of the 5th International Parliamentary Governance seminar, hosted by the Commonwealth Parliamentary Association's UK branch.
Speaking at a session entitled 'Justice: The International Criminal Court (ICC) and the International Court of Justice (ICJ)', the solicitor general, Edward Garnier QC MP, emphasised to delegates from around the Commonwealth the importance of both courts.
Whilst admitting that national politicians "are fiercely jealous" of courts attempting to enact laws that cross national boundaries, Garnier praised both the International Criminal Court and the International Court of Justice as "ways of avoiding unnecessary military conflict".
Garnier said: "Both the ICC and the ICJ are a means of settling disputes of international tension without the need for bloodshed."
Adding to Garnier's statements was Dr Olympia Bekou of the University of Nottingham, an expert on the International Criminal Court.
Bekou noted that "The Court is not here to replace or displace national courts; it is here to complement them."
Bekou, head of the university's International Criminal Justice Unit at the Human Rights Law Centre, outlined the concept of complementarity, where supranational courts can only investigate a case that a national court would not, or could not, investigate or prosecute.
The International Criminal Court, Bekou said, was created to deal with situations which individual states "were unwilling or unable to prosecute".
Answering a delegate's question on the delay in action by the ICC, Bekou described the Court as "a giant without arms and legs".
National courts would retain jurisdiction, she said, as the ICC would need to "rely on states to arrest, to surrender and to collect evidence".
Bekou was also eager to highlight the important role of the Court, which she said should be "cherished".
"It is a court that is changing the world. It needs the co-operation of states," she added.
And Bekou noted that nation-states needed to "enact effective, implementing legislation" and "increase institutional preparedness" to ease any concerns over national sovereignty.
Also speaking at the event, chaired by Labour MP David Winnick, was Malcolm Shaw QC, the Sir Robert Jennings Professor of International Law at the University of Leicester.
Shaw, outlining the history and background to the International Court of Justice, noted that the Court "depends on consent of states in order for it to be able to exercise jurisdiction".
Following speeches, questions were asked by delegates from around the Commonwealth, including India, Canada and the Seychelles. Topics addressed ranged from trial by media to the relationship between the international courts and the USA.
Please find out more about the 5th International Parliamentary Governance seminar.
Have your say...
Please enter your comments below.