Universal justice

On July 17, the Rome Statute of the International Criminal Court turned 12 years old. It is a celebration almost everywhere in the world, except for Venezuela. Thus, the universal jurisdiction of human rights was extolled as a milestone against impunity, for the sake of victims and survivors of the worst atrocities ever perpetrated by humans against their fellows.

The Rome Statute has been executed by 139 countries and upheld by 121. Its parties have undertaken to respect its jurisdiction fully and have had to amend their domestic regulations. Venezuela has not reformed its laws despite having been one of the strongest champions. Fortunately, its jurisdiction has been accepted. Therefore, there is not total void. Nonetheless, there is the need for a special law.

The International Criminal Court (ICC) complements the country regulations. Its jurisdiction is activated in the event that a State can not or is not willing to punish such crimes (the "trigger effect").

The ICC can display the achievement of a full trial with the decision on Thomas Lubanga. The leader of a Congolese rebel group was sentenced to 14 years in prison. He would be convicted of war crimes for enlisting and conscripting children under 15 years old and use them to take active part in an armed conflict in Ituri, a district in the troubled eastern Congo, in 2002-2003.

The NGO Coalition for the ICC, together with Amnesty International and other NGOs has called upon non-parties to embrace the Rome Statute. It has also encourage the signatories amend their laws, and ratify and enforce the Rome Statute. Universal justice awaits it.

fernando.fernandez@bakermckenzie.com