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International Anti Corruption Court

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An International Anti-Corruption Court (IACC) is a proposal for the establishment of a court similar to the International Criminal Court or as part of it, for the criminal enforcement of laws prohibiting grand corruption.

Contents

The idea for an International Anti-Corruption Court was first put forward by Judge Mark L. Wolf at the 2012 St. Petersburg International Legal Forum and subsequently presented at the 2014 World Forum on Governance. Wolf outlined the proposal in a paper for the Brookings Institution in July 2014, as well as in a Washington Post op-ed on 22 July 2014.

Elements of Wolf's proposal include:

  • The court would similar to the International Criminal Court or part of it;
  • The court would be staffed by elite investigators and prosecutors as well impartial judges;
  • The court would serve as a forum for the criminal enforcement of the laws prohibiting grand corruption that exist in virtually every country, and the undertakings that are requirements of various treaties and international organisations (including the United Nations Convention against Corruption and the OECD Convention on Combating Bribery of Foreign Officials, often called the OECD Anti-Bribery Convention);
  • The court should operation on the principle of complementarity, meaning the court would only conduct prosecutions where states are unwilling or unable to prosecute;
  • The court should be empowered to hear civil fraud and corruption cases brought by private "whistleblowers"';
  • Submission to the jurisdiction of the court should be incorporated in the United Nations Convention against Corruption and a condition of membership in international organisations such as the OECD and WTO;
  • Submission to the jurisdiction of the court should be a condition of obtaining loans from international lenders such as the World Bank; and
  • Submission to the jurisdiction of the court should be incorporated into new free trade agreements.

    • Wolf argues that an IACC would have "the potential to erode the widespread culture of impunity, contribute to creating conditions conducive to the democratic election of honest officials in countries which have long histories of grand corruption, and honor the courageous efforts of the many people, particularly young people, who are increasingly exposing and opposing corruption at great personal peril." Wolf attributes this "culture of impunity" to an "unwillingness of leaders to permit the honest and able investigation of their friends, families, and, indeed, themselves." The IACC proposal is designed to address this, noting that existing international efforts to combat grand corruption have not been adequate of effective.

    Human Rights Watch

    On 13 November 2014, in oral testimony before a Tom Lantos Human Rights Commission Briefing, Arvind Ganesan, Business and Human Rights Director at Human Rights Watch said that a "key step" in fighting grand corruption is to "Support efforts to examine the legal, administrative, and other procedural steps needed to create an International Anti-Corruption Court." Before highlighting actions the US Government could take to build momentum for the court, Ganesan also said, "Judge Mark Wolf's proposal for an international anti-corruption court is something Human Rights Watch believes could be a valuable step forward, but there are challenges ahead. The promise of the court has to be tempered with the technical and legal hurdles that would have to be overcome to make such a court a reality. It would need to have jurisdiction, investigative capacity, and operate in a way that still protects the rights of the accused. More challenging are the political realities, notwithstanding some of the technical challenges in starting such a court. Most notably, many governments, especially those ruled by kleptocrats, will not easily agree to a court that holds them accountable for plundering public funds."

    Global Organization of Parliamentarians Against Corruption (GOPAC)

    On 8 October 2015, the Global Organization of Parliamentarians Against Corruption (GOPAC) issued a statement - the Yogyakarta Declaration - supporting the establishment of an International Anti-Corruption Court following the Sixth Global Conference of Parliamentarians Against Corruption which was held in Yogyakarta, Indonesia. Specifically, the Declaration stated: "6. Recommend that the United Nations consider the establishment of a new UNCAC protocol to establish an international court on corruption for the prosecution of perpetrators and collaborators of grand corruption".

    Commentators

    Other commentators and analysts to support the idea of establishing an international anti-corruption court include John Githongo and Robert Rotberg.

    The Heritage Foundation

    In a report published in October 2014 for The Heritage Foundation entitled "Why the U.S. Should Oppose the Creation of an International Anti-Corruption Court," Brett D. Schaefer, Steven Groves, and James M. Roberts outlined a number of arguments against the establishment of an International Anti-Corruption Court.

    Integrity Initiatives International

    Integrity Initiatives International (III) (pronounced "triple I") is a Boston-based international NGO founded in 2016 with the stated aim of combatting grand corruption by:

  • Institutionalizing the effort to create an International Anti-Corruption Court;
  • Advocating for the development and enforcement of other measures to punish and deter corrupt leaders; and
  • Forging a network of young people dedicated to fighting grand corruption in their own countries and around the world.

    • References

    International Anti-Corruption Court Wikipedia
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