South
Africans of all
stripes, numbed by
almost daily
exposure to yet
another report of
graft or grand
corruption in their
public institutions,
may find hope in the
ongoing efforts of
some of the world’s
finest jurists and
legal brains to
establish an
International
Anti-Corruption
Court
(IACC).
Grand corruption, the
exploitation of public
office for private gain by
kleptocratic leaders, is a
blight that undermines the
future success of countries
across the globe. Corruption
is widely accepted to be a
formidable obstacle to
achieving
various global objectives,
from the Sustainable
Development Goals
(SDGs) to combating
climate change, and subverts
the democratic process.
Ultimately, corruption eats
away at efforts to establish
the rule of law and every
attempt at good
governance.
Despite current national and
international laws and
covenants aimed at
preventing and punishing
corruption, such as the
United Nations Convention
Against Corruption (UNCAC),
corrupt leaders often evade
justice within their own
countries due to
colluding, or because of
compliant law enforcement
agencies and ineffective
judicial systems.
At Good Governance Africa’s
second annual
anti-corruption conference
held over two and a half
days in Johannesburg last
month, the internationally
renowned South African
jurist Justice Richard
Goldstone, speaking
remotely, provided updates
on
efforts to establish the
IACC and was upbeat
about the chances of its
success, despite the
challenges in getting buy-in
from individual
countries.
Judge Goldstone, who spent
23 years on the bench in
South Africa before retiring
and taking on various
international roles –
including his present deputy
chairmanship of Integrity
Initiative International’s
anti-corruption court treaty
drafting
committee – emphasised the
critical role the IACC could
play in combating grand
corruption. He highlighted
its potential impact on
global stability and
development, stressing the
urgent need for such a
mechanism in light of
escalating corruption
crises worldwide.
Outlining how it is
envisaged the IACC would
function, Judge Goldstone
explained it would have
jurisdiction over crimes
committed by nationals of
member states, and
non-nationals within member
state territories. The court
would serve as a last
resort, prosecuting
kleptocrats when national
governments failed to do so,
the judge said.
Countries joining the IACC
would share prosecution
authority in limited
circumstances to uphold
domestic laws mandated by
the UNCAC. The court's
design draws from the
experiences of existing
international tribunals,
such as the International
Criminal Court, aiming for
efficiency and
effectiveness. The judge
also emphasised that the
IACC seeks to enforce
existing laws rather than
establish new norms,
offering a platform to
prosecute kleptocrats and
their
collaborators.
