The case for prosecuting ‘grave forms of trafficking’ in the international criminal court

Abstract

Through the application of the Rome Statute of the International Criminal Court, some of the worst criminal offenders have been indicted before the International Criminal Court to answer for allegations surrounding crimes such as genocide, crimes against humanity and war crimes. Hence, this permanent international court provides a much required modicum of deterrence and accountability in terms of hearing cases dealing with the perpetration of offences that shock and harm humanity. This is more so when such allegations would have not been duly addressed by the pertinent nation states as a result of circumstances demonstrating their states’ apparent inability or unwillingness to prosecute crimes under international law. Nonetheless, the fact remains that humanity faces other scourges which so far have not been formally included within the Rome Statute and, at best, are possibly addressed indirectly within the concerned international forum. These phenomena are none other than the trafficking of humans, conventional arms and drugs. As the pillars and cogwheels of international criminality, these forms of trafficking, suitably termed as ‘grave forms of trafficking’, have wreaked havoc on a global scale and facilitated or formed part of the perpetration of violations of the Rome Statute. In light of the existing corpus iuris of public international law dealing with such criminality, coupled with constant and increasing calls from the highest supranational institutions for immediate and effective action to be taken, there is little doubt that the time is ripe for the Assembly of State Parties to the Rome Statute to seriously consider putting political and diplomatic differences aside and proceeding towards the next concrete step. The time is ripe for humanity to present its case for the prosecution of ‘grave forms of trafficking’ in the International Criminal Court.