War in Ukraine: “Absolute impunity is no longer appropriate”, says Louise Arbor | War in Ukraine
But unlike the former Yugoslavia and Rwanda, it will be difficult to create a special tribunal for Ukraine, as some have requested. There is a major obstacle to this idea: these tribunals were created in 1996 by the United Nations Security Council.
It is inconceivable that we could have a special tribunal for Ukraine of the same nature as the Russian veto.
Does this mean Russia’s war crimes in Ukraine will go unpunished? Not necessarily, assured Louise Arbor in an interview aired Friday on the show Live with Patrice RoyAt ICI RDI and at News broadcast 18 hon ICI TV.
” There are a number of options that indicate that absolute impunity is no longer appropriate. »
The former Canadian Supreme Court judge is a firm believer in the International Criminal Court (ICC). an institution with a universal vocation
Established in 2002, it prosecutes people accused of the most serious crimes, such as genocide, war crimes and crimes against humanity.
For example, Congolese Thomas Lubanga was sentenced to 14 years in prison. ans”,”text”:”déclaré coupable des crimes de guerre consistant en l’enrôlement et la conscription d’enfants [soldats] de moins de 15ans”}}”>Convicted of war crimes related to conscription and conscription of children [soldats] Under 15 years old
we can read on the website ICC.
And even the fact that Russia did not sign the Rome Statute (a treaty that transferred its powers to the Russian Federation). ICCLouise Arbor believes that it is not an insurmountable problem.
The court’s jurisdiction may be based on where the crimes were committed, for example, on the territory of Ukraine. Then Ukraine can perform […] Subject to the jurisdiction of the court. So there are ways to hijack the International Criminal Court.
Countries that have this right can also try people accused of serious crimes in Ukraine universal jurisdiction
this means that a state has jurisdiction to prosecute and prosecute a crime committed outside its territory by a foreigner and against a foreigner victim.
” So if the alleged perpetrators of the crimes find themselves, for example, on Canadian soil, we can prosecute them. »
But until then, the real-time investigation on the territory of Ukraine must be conducted according to the rules of the art and does not contribute anything. taint the evidence
. There are many investigators. There are many advantages to having many people ask the same questions to the same people, but there are also many disadvantages.
. I’m not saying that a lot of evidence is coming mostly from top secret sources [comme] communication is interrupted, satellite images that are not in the public domain
.
He is one of Canada’s greatest lawyers: former judge of the Supreme Court, former prosecutor of the tribunal for the former Yugoslavia, former United Nations High Commissioner for Human Rights. Patrice Roy went to meet him.
Is the UN still relevant?
L’UN It can seem like a monster organization paralyzed by bureaucracy and a desire to be included, admits Louise Arbour. It is a good example of the limits of veto power in the Security CouncilUN.
This veto is absolutely absurd […] We often talk about it, but realistically, five countries do [du Conseil de sécurité] will they give it up?
The Advocate maintains confidence in the United Nations, in particular its agencies and their work in the field. UNICEF, du Programme alimentaire mondial. C’est les gens sur le terrain, des équipes qui travaillent, qui ont fait reculer le seuil de la pauvreté.”,”text”:”Aussitôt qu’on se déplace, qu’on arrive en Afrique par exemple, ce qu’on voit des Nations unies, ce n’est pas la paralysie du Conseil de sécurité et les tractations politiques, c’est le vrai travail de l’UNICEF, du Programme alimentaire mondial. C’est les gens sur le terrain, des équipes qui travaillent, qui ont fait reculer le seuil de la pauvreté.”}}”>As we travel, for example, when we get to Africa, what we see from the United Nations is not the paralysis of the Security Council and political negotiations, but the real work of the United Nations.UNICEF, from the World Food Programme. Pushing back the poverty line is the people on the ground, the hardworking teams.
But above all else, Louise Arbor believes that everyone should be allowed to participate in the debate, even if this sometimes means including authoritarian countries in human rights committees.
” The real problems of our time are global problems like climate change […] We will not solve anything by declaring ourselves a club of well-meaning people. »
From the climate crisis to the migration crisis
One of the major problems of the 21st century that nations have no choice but to agree on is the migration crisis, according to Ms. Arbor. it is now mishandled [et] historically
.
United Nations member states are always happy to talk about the mobility of capital, the mobility of goods, but the mobility of people was only a matter of state sovereignty, we said. We decide who comes, who goes, who can stay, and there is no discussion.
However, we would be at dawn infancy
a real intellectual governance based not only on human rights, but also on economic interests, such as labor shortage countries
.
After 2016, with all the migration movements from Africa, Afghanistan, Syria to Europe, we began to understand that no state can manage its migration policy alone, without talking to others about borders, which by definition includes more. state.
Canada and Roxham Road example
Louise Arbor believes migrants will continue to return to Canada whether Roxham Road is closed or not. mètres plus loin, il n’y a pas de clôture, pas de barrière, on est dans des champs. C’est comme ça ici et tout le long de la frontière.”,”text”:”Si vous êtes déjà allé dans cette région-là, le chemin Roxham, 200mètres plus loin, il n’y a pas de clôture, pas de barrière, on est dans des champs. C’est comme ça ici et tout le long de la frontière.”}}”>If you’ve ever been to this area, Roxham Road, 200 yards ahead, there’s no fence, no gate, we’re in the fields. This is the case here and all along the border.
” Can we build a wall from Newfoundland to Vancouver? […] Close the tap, it will open somewhere else. »
The problem, therefore, is not the arrival of the migrants, but the management of them once they are on Canadian soil, he said, adding that he is not surprised that asylum seekers sometimes wait years to hear back from Canada. government.
pas capable d’émettre des passeports à ses propres citoyens en bas de trois mois. […] On est en espèce de déficit de performance à tous les niveaux de service, ce qui est assez étonnant considérant qu’on paye quand même beaucoup d’impôts.”,”text”:”C’est un gouvernement qui n’est pas capable d’émettre des passeports à ses propres citoyens en bas de trois mois. […] On est en espèce de déficit de performance à tous les niveaux de service, ce qui est assez étonnant considérant qu’on paye quand même beaucoup d’impôts.”}}”>This is a government that cannot issue a passport to its citizen for less than three months. […] We are experiencing a performance deficit at all service levels, which is quite surprising given that we still pay a lot of tax.
This creates such a situation for undocumented migrants There are many people in irregular situations
.
For example, students come here to study for three years and then find themselves pejoratively called illegal migrants because the government does not renew their study or work permits.
” We have a whole population that is kind of hiding because of shortcomings that are often purely bureaucratic. »
Louise Arbor has no plans to stop anytime soon. In addition to serving on the board of the Mastercard Foundation, he still works at a law firm.
Photo: Radio-Canada / Ivanoh Demers
It also calls for changing the language when talking about these migrants and scrapping the term illegal
which shows that they are criminals, terrorists
they are dangerous
.
The reality is that most people who are in an illegal situation regularly return to the country […] then faced technical obstacles.
But in the end, facing all these difficulties, Louise Arbor still defines herself as an optimist. If I were paralyzed by pessimistic fatalism, I wouldn’t be able to do what I do. On the contrary, I think I have a very positive energy, but I’m also very realistic.
