Robert M. Danin: Middle East Matters » Could the ICC Be Assad’s Way Out?

Robert M. Danin: Middle East Matters » Could the ICC Be Assad’s Way Out?

clipped from article:
Reports emerged on Wednesday that Saif al-Islam, the son of Libya’s former strongman Muammar Qaddafi, is seeking surrender to the ICC. Saif, one of the former regime’s most wanted men, was charged by the ICC with crimes against humanity in June. A source tied to the National Transitional Council reports that Saif “believes handing himself over is the best option for him.”

Following the onset of NATO’s intervention in Libya, while Qaddafi still firmly controlled Tripoli, many, including me, questioned the wisdom of charging the Libyan leader at the ICC at that point in time. It was not that he wasn’t worthy of such an indictment. Rather, the concern was that taking Qaddafi to the ICC before he had stepped down would only make it less likely for him to seek a safe haven abroad. Since the Rome Statute, which established the ICC, entered into force in 2002, 116 countries have become party to it thereby significantly constricting the number of countries to which dictators can flee without fear of prosecution. Thus, ICC indictments could have the unintended consequence of prolonging conflicts by encouraging dictators to hang on since they have fewer places to flee. That still may be true.

But Saif’s reported plea to be taken to the ICC shows the other side of the coin: indictments at The Hague could provide those likely to face certain death at home for their brutal crimes against their own people with a more attractive sanctuary.
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