A leading German legal expert has lauded Germany’s role in recent discussions surrounding the strengthening of the International Criminal Court (ICC) in The Hague.
In a guest commentary for the “Kölner Stadt-Anzeiger” Claus Kreß, Director of the Institute for Security Law at the University of Cologne, praised Germany’s stance at a special conference of ICC member states held last week in New York. He noted that Germany demonstrated a firm position “under particularly difficult conditions”. The resolution, aiming to work towards a greater jurisdiction over the crime of aggression by 2029, has been described as a “remarkable milestone” in the pursuit of effective international criminal justice.
Kreß strongly criticized the resistance from a minority of states – reportedly led by France and the United Kingdom, with support from the United States – against equating the crime of aggression with the existing core international crimes: genocide, crimes against humanity and war crimes. He argued that a significant opportunity to eliminate double standards within international law had been missed. He suggested that the opposition cast a shadow on the states involved and their publicly declared commitment to a robust and equitable international justice system.
While acknowledging that it presents a challenging undertaking for Germany to diverge from the positions of France, the United Kingdom and particularly the United States on a matter of considerable foreign policy sensitivity, Kreß expressed hope that German diplomacy would continue to play a leading role in furthering the desired reforms.
Kreß, who served as a member of German government delegations involved in negotiations surrounding the ICC from 1998 to 2017, participated in the New York discussions last week as a scientific advisor to the German delegation.