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)!