The announcement that “a group of Syrian refugees and their London lawyers” have found “a neat legal trick” to press for an indictment against Syrian President Bashar Assad by the International Criminal Court demonstrates, yet again, the dangerous corruption of international justice, against which I have been warning for over a decade.
The Syrian war is nearly over, thanks to the military successes of the Syrian army and its Russian and Iranian allies. Exhaustion on both sides has probably helped. Diplomatic overtures have started to re-integrate Syria into the international system, starting at the regional level: the United Arab Emirates have re-opened their embassy in Damascus; the Sudanese president, Assad’s near namesake, Omar Al-Bashir, has visited Syria, as have senior Egyptian officials; Syrian officials have attended pan-Arab summits; even Israel is maintaining its dialogue with Russia over Syria. In short, the situation is being slowly normalised as Syria herself embarks on the painful search for internal peace.
The attempt to get Assad prosecuted is an attempt to stamp out these seedlings of peace before they take root. Any prosecution against Assad would scupper, or at least severely damage, this slow acceptance that the Syrian president is part of the solution. When even the British government has accepted that Assad is here to stay, and that peace must be made with him, his implacable enemies fear that their prize is about to slip out of their grasp. They do not want peace, if that means keeping Assad.[…]
By seeking to extend its lamentable rule to Syria, and thereby to disrupt a barely embryonic peace there, the ICC risks destroying its reputation even further. For the rules limiting the jurisdiction of international organisations to states which have consented to accept them are not some arcane technicality of international law. Instead, they reflect the most basic principle of politics, which is that those who wield power need to be constitutionally linked to those over whom they wield it. International organisations which are not based on such consent violate that very basic principle flagrantly, and therefore start to resemble the very dictatorships they pretend to combat. Läs artikel