International Anti-Corruption Court

An International Anti-Corruption Court (IACC) is a proposal for the establishment of a court similar to the International Criminal Court or as part of it, for the criminal enforcement of laws prohibiting grand corruption.[1]

The idea for an International Anti-Corruption Court was first put forward by Judge Mark L. Wolf at the 2012 St. Petersburg International Legal Forum and subsequently presented at the 2014 World Forum on Governance.[2] Wolf outlined the proposal in a paper for the Brookings Institution in July 2014,[3] as well as in a Washington Post op-ed on 22 July 2014.[4]

Elements of Wolf's proposal[5] include:

  • The court would similar to the International Criminal Court or part of it;
  • The court would be staffed by elite investigators and prosecutors as well impartial judges;
  • The court would serve as a forum for the criminal enforcement of the laws prohibiting grand corruption that exist in virtually every country, and the undertakings that are requirements of various treaties and international organisations (including the United Nations Convention against Corruption and the OECD Convention on Combating Bribery of Foreign Officials, often called the OECD Anti-Bribery Convention);
  • The court should operation on the principle of complementarity, meaning the court would only conduct prosecutions where states are unwilling or unable to prosecute;
  • The court should be empowered to hear civil fraud and corruption cases brought by private "whistleblowers"';
  • Submission to the jurisdiction of the court should be incorporated in the United Nations Convention against Corruption and a condition of membership in international organisations such as the OECD and WTO;
  • Submission to the jurisdiction of the court should be a condition of obtaining loans from international lenders such as the World Bank; and
  • Submission to the jurisdiction of the court should be incorporated into new free trade agreements.

Wolf argues that an IACC would have "the potential to erode the widespread culture of impunity, contribute to creating conditions conducive to the democratic election of honest officials in countries which have long histories of grand corruption, and honor the courageous efforts of the many people, particularly young people, who are increasingly exposing and opposing corruption at great personal peril."[6] Wolf attributes this "culture of impunity" to an "unwillingness of leaders to permit the honest and able investigation of their friends, families, and, indeed, themselves."[7] The IACC proposal is designed to address this, noting that existing international efforts to combat grand corruption have not been adequate or effective.

Support

Human Rights Watch

On 13 November 2014, in oral testimony before a Tom Lantos Human Rights Commission Briefing, Arvind Ganesan, Business and Human Rights Director at Human Rights Watch said that a "key step" in fighting grand corruption is to "Support efforts to examine the legal, administrative, and other procedural steps needed to create an International Anti-Corruption Court."[8] Before highlighting actions the US Government could take to build momentum for the court, Ganesan also said, "Judge Mark Wolf's proposal for an international anti-corruption court is something Human Rights Watch believes could be a valuable step forward, but there are challenges ahead. The promise of the court has to be tempered with the technical and legal hurdles that would have to be overcome to make such a court a reality. It would need to have jurisdiction, investigative capacity, and operate in a way that still protects the rights of the accused. More challenging are the political realities, notwithstanding some of the technical challenges in starting such a court. Most notably, many governments, especially those ruled by kleptocrats, will not easily agree to a court that holds them accountable for plundering public funds."[9]

Global Organization of Parliamentarians Against Corruption (GOPAC)

On 8 October 2015, the Global Organization of Parliamentarians Against Corruption (GOPAC) issued a statement - the Yogyakarta Declaration - supporting the establishment of an International Anti-Corruption Court following the Sixth Global Conference of Parliamentarians Against Corruption which was held in Yogyakarta, Indonesia.[10] Specifically, the Declaration stated: "6. Recommend that the United Nations consider the establishment of a new UNCAC protocol to establish an international court on corruption for the prosecution of perpetrators and collaborators of grand corruption".[11]

Global Witness

In a blog posted on December 19, 2016 titled "The 1MDB Scandal Should Be Address by an International Criminal Tribunal - An Important First in the Fight Against Grand Corruption," Global Witness endorsed the idea of an International Anti-Corruption Court, "imagine the effect of an ad hoc international tribunal with jurisdiction over a specific corruption case: the drafters of its statute, and the jurisprudence it would generate, would help to shape the law of grand corruption for decades to come."[12]

Justice Richard Goldstone

Richard Goldstone, former South African judge and chief prosecutor of the International Criminal Court, is a strong supporter of the International Anti-Corruption Court. He is a board member of Integrity Initiatives International.[13]

Commentators

Other commentators and analysts to support the idea of establishing an international anti-corruption court include John Githongo[14] and Robert Rotberg.[15]

Civil Society Movement

Integrity Initiatives International

Integrity Initiatives International (III) (pronounced "triple I") is a Boston-based international NGO founded in 2016 with the stated aim of combatting grand corruption by:

  • Institutionalizing the effort to create an International Anti-Corruption Court;
  • Advocating for the development and enforcement of other measures to punish and deter corrupt leaders; and
  • Forging a network of young people dedicated to fighting grand corruption in their own countries and around the world.[16]

US District Judge Mark L. Wolf is the chair of the III board.

Resulting Programs and Presentations

World Forum on Governance Presentation

In April 2014, Mark L. Wolf attended the annual World Forum on Governance in Prague, where he advocated for the International Anti-Corruption Court.[17]

Tom Lantos Human Rights Commission

On November 13, 2015, the Tom Lantos Human Rights Commission held a briefing titled "An International Anti-Corruption Court (IACC) to Mitigate Grand Corruption and Human Rights Abuses." At this briefing, panelists including Wolf, Arvind Ganesan, and Ruth Wedgwood discussed the "linkage between grand corruption and human rights, the challenges to combating grand corruption, the mission of an IACC, including how it could complement and collaborate with national systems, and the challenges to the creation of a court with a real ability to punish and deter corrupt leaders."[18] On June 16, 2016 Judge Wolf spoke at a hearing at the Lantos Commission titled "Corruption and Human Rights: Improving Accountability," at which participants discussed and examined "what has been done to date in the effort to combat corruption at the international level."[19]

Harvard Kennedy School of Government Seminar

Wolf teaches a course at the Harvard Kennedy School of Government titled "Combatting Corruption Internationally." The course examines "the causes and consequences of grand corruption -- the abuse of public office for personal profit by a nation's leaders -- and means of combatting it."[20]

Program at Brandeis University

In April 2015, Wolf gave a talk at the Brandies University International Center for Ethics, Justice and Public Life titled "An International Court to Fight Corruption: A Federal Judge Makes the Case."[21]

2016 London Anti-Corruption Summit Presentation

Wolf attended the 2016 International Anti-Corruption Summit in London. His Leaders' Statement was titled "An International Anti-Corruption Court for Grand Corruption.[22]

Woodrow Wilson International Center for Scholars Program

In February 2016, Wolf gave the inaugural lecture of the Woodrow Wilson Center's Rule of Law Initiative, in which he focused on the potential for an International Anti-Corruption Court to combat grand corruption more effectively.[23] In April 2016 the Rule of Law Initiative (in collaboration with Transparency International and Integrity Initiatives International) previewed the 2016 London Anti-Corruption Summit, during which Judge Wolf contributed to presentations.[24]

Council on Foreign Relations Program

In February of 2017, the International Institutions and Global Governance program at the Council on Foreign Relations held a meeting of the US and the Future of Global Governance Round-Table Series, at which Wolf discussed the International Anti-Corruption court.[25]

Aspen Institute Program

In March of 2017, Wolf spoke on a panel at the Aspen Institute titled "Combatting Kleptocracy: Is an International Anti-Corruption Court the Answer?"[26]

Program at Columbia University

In March 2015, Wolf attended a roundtable discussion on the proposal for an International Anti-Corruption Court at Columbia University's Center on Global Economic Governance.[27]

Program at the Harvard Carr Center for Human Rights

In April 2017, Wolf led a Lunch Seminar at the Harvard University Carr Center for Human Rights titled "Grand Corruption, Violations of Human Rights, and the Need for an International Anti-Corruption Court."[28]

National Endowment for Democracy Discussion Programs

In April 2017, Wolf was one of the keynote speakers in a round-table discussion titled "Strengths and Weaknesses of Legal Mechanisms to Combat Kleptocracy," sponsored by the National Endowment for Democracy's International Forum for Democratic Studies. Also on this day, Judge Wolf served as a discussant at a round table discussion led by Judge Claudia Escobar titled "Judicial Independence as a Tool to Fight Corruption: Lessons from Guatemala." In a round-table discussion titled "Legal Mechanisms to Combat Kleptocracy," also sponsored by the International Forum for Democratic Studies at the NED. In June 2017 Judge Wolf was interviewed by Melissa Aten of the International Forum for Democratic Studies at the NED regarding III’s proposal for the creation of an International Anti-Corruption Court as a tool in the fight against global kleptocracy.[29]

American Academy of Arts and Science Program

From June 25–27, 2017 contributors to the American Academy of Arts and Sciences quarterly publication Daedalus met to discuss their contributions to the publication's "Anti-Corruption" issue. On June 25, Wolf spoke on a panel titled, 'Challenging Corrupt Practices: America, Brazil, Globally' alongside Zephyr Teachout and Sergio Fernando Moro. Judge Wolf discussed current efforts to create an International Anti-Corruption Court.[30]

Criticisms

The Heritage Foundation

In a report published in October 2014 for The Heritage Foundation entitled "Why the U.S. Should Oppose the Creation of an International Anti-Corruption Court," Brett D. Schaefer, Steven Groves, and James M. Roberts outlined a number of arguments against the establishment of an International Anti-Corruption Court.[31]

    References

    1. ↑ Mark L. Wolf, The Case for an International Anti-Corruption Court, Brookings Institution, Governance Studies at Brookings, July 2014.
    2. ↑ Mark L. Wolf, The Case for an International Anti-Corruption Court, Brookings Institution, Governance Studies at Brookings, July 2014, p.1.
    3. ↑ Mark L. Wolf, The Case for an International Anti-Corruption Court, Brookings Institution, Governance Studies at Brookings, July 2014.
    4. ↑ Mark L. Wolf, We need an international court to stamp out corruption, The Washington Post, 22 July 2014.
    5. ↑ Mark L. Wolf, The Case for an International Anti-Corruption Court, Brookings Institution, Governance Studies at Brookings, July 2014.
    6. ↑ The Case for an International Anti-Corruption Court, Brookings Institution, Governance Studies at Brookings, July 2014, p. 1.
    7. ↑ The Case for an International Anti-Corruption Court, Brookings Institution, Governance Studies at Brookings, July 2014, p. 1.
    8. ↑ Arvind Ganesan, Oral Testimony of Arvind Ganesan, Business and Human Rights Director, Human Rights Watch, Tom Lantos Human Rights Commission Briefing: An International Anti-Corruption Court (IACC) to Mitigate Grand Corruption and Human Rights Abuses, 13 November 2014. Retrieved 27 September 2016.
    9. ↑ Arvind Ganesan, Oral Testimony of Arvind Ganesan, Business and Human Rights Director, Human Rights Watch, Tom Lantos Human Rights Commission Briefing: An International Anti-Corruption Court (IACC) to Mitigate Grand Corruption and Human Rights Abuses, 13 November 2014. Retrieved 27 September 2016.
    10. ↑ GOPAC, The Yogyakarta Declaration, Declaration of the Sixth Global Conference of Parliamentarians Against Corruption, Sixth Global Conference of Parliamentarians Against Corruption, 8 October 2015. Retrieved 29 September 2016.
    11. ↑ GOPAC, The Yogyakarta Declaration, Declaration of the Sixth Global Conference of Parliamentarians Against Corruption, Sixth Global Conference of Parliamentarians Against Corruption, 8 October 2015. Retrieved 29 September 2016.
    12. ↑ Nick, Donavan (December 19, 2016). "THE 1MDB SCANDAL SHOULD BE ADDRESSED BY AN INTERNATIONAL CRIMINAL TRIBUNAL - AN IMPORTANT FIRST IN THE FIGHT AGAINST GRAND CORRUPTION". Global Witness.
    13. ↑ "Richard Goldstone". Integrity Initiatives International.
    14. ↑ John Githongo, 'Corruption has opened door to al-Shabaab in Kenya', The Guardian, 19 March 2015. Retrieved 28 September 2016.
    15. ↑ Robert Rotberg. It's time for Canada to back an International Anti-Corruption Court, The Global and Mail, 25 April 2016. Retrieved 29 September 2016.
    16. ↑ Integrity Initiatives International, Retrieved 27 September 2016.
    17. ↑ Recknagel, Charles (April 10, 2014). "Prague Forum Provides Anti-Corruption Platform". Radio Free Europe/Radio Liberty.
    18. ↑ "An International Anti-Corruption Court (IACC) to Mitigate Grand Corruption and Human Rights Abuses". Tom Lantos Human Rights Commission (United States Congress). November 13, 2014.
    19. ↑ "Corruption and Human Rights: Improving Accountability". Tom Lantos Human Rights Commission (United States Senate). June 16, 2016.
    20. ↑ "DPI-540M: Combatting Corruption Internationally". Harvard Kennedy School.
    21. ↑ ethicsbrandeis (2015-04-17), Judge Mark L. Wolf: "An International Court to Fight Corruption: A Federal Judge Makes the Case", retrieved 2017-11-04
    22. ↑ "Leaders' Statement: Honorable Mark L. Wolf". Anticorruption Manifesto.
    23. ↑ "Combatting Grand Corruption Internationally". Wilson Center. 2016-01-22. Retrieved 2017-11-04.
    24. ↑ "Perspectives on the May 2016 London Anti-Corruption Summit". Wilson Center. 2016-04-04. Retrieved 2017-11-04.
    25. ↑ "Events". Integrity Initiatives International. Retrieved 2017-11-04.
    26. ↑ "Combatting Kleptocracy: Is an International Anti-Corruption Court the Answer? - The Aspen Institute". The Aspen Institute. Retrieved 2017-11-04.
    27. ↑ "Roundtable Discussion on the Proposal for an International Anti-Corruption Court | Center on Global Economic Governance". cgeg.sipa.columbia.edu. Retrieved 2017-11-04.
    28. ↑ "Lunch Seminar with Judge Mark Wolf: Grand Corruption, Violations of Human Rights, and the Need for an International Anti-Corruption Court". carrcenter.hks.harvard.edu. Retrieved 2017-11-04.
    29. ↑ "Integrity Initiatives International: Events". Integrity Initiatives International.
    30. ↑ American Academy of Arts & Sciences (2017-06-26), American Academy of Arts & Sciences Live Stream, retrieved 2017-11-04
    31. ↑ Brett D. Schaefer, Steven Groves, and James M. Roberts, Why the U.S. Should Oppose the Creation of an International Anti-Corruption Court, The Heritage Foundation, Backgrounder No. 2958, October 2014.
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