A Question of Law

Fighting Impunity with International Justice

December 16, 2020

Since the end of the Second World War, the world has been ravaged by conflicts.

 On this episode, our guest, Toby Cadman, Barrister-at-Law, will provide a truly informative assessment of the institution entrusted with the fight against impunity.

Toby will first describe, International Criminal Law (5:29), the body of law developed to prosecute individuals who have committed the gravest atrocity crimes (6.06).  He will explain that this living instrument (6:38) has been codified in the Statute of the International Criminal Court (ICC) but continues to evolve (8:50)(15:59).

Toby will identify the crimes (11:04) and the people (12:32) over which the Court has jurisdiction, before explaining the principle of complementarity (14:37).  He will also explain the limits of the Court jurisdiction and the potential recourse to the UN Security Council referral system (17:48), a procedure not without its own flaws (19:21). Fortunately, resourcefulness around the law has allowed presumed untouchable criminals to face justice (20:15).    

He will give his opinion on what needs to be put in place to enhance the efficiency of the Court (23:13). Skilfully refuting the criticisms of biased and partiality that the Court has been accused of (30:45), he acknowledges the politicised environment in which it operates, taken the US and the Middle East as examples (32:50).

Toby will reiterate his faith in the ICC (35:49) and derived institutions ( 37:21). He will then give his opinion on whether insisting on bringing criminals to justice could hinder any chance of negotiating peace in ongoing conflicts (38:57).

Finally, he will provide a comprehensive answer to a question he usually asks himself (41.08)!


Websites:        www.guernica37.com


Email:              tobyc@guernica37.com

Twitter            @tobycadman


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