By Erik Zonneveld
From the 19th to the 30th of August 2024, an expert meeting took place to develop the Treaty to establish an International Anti-Corruption Court (IACC). It was the third meeting of theTreaty drafting experts, each held at The New Institute (TNI) in Hamburg, Germany. Over the course of two weeks, this most recent meeting convened more than 25 legal experts from over 15 countries to discuss a wide range of draft provisions and associated topics, resulting in a refined“zero draft” of the IACC establishment Treaty. The hybrid format of the meeting facilitated the discussion and consolidation of work from more than 70 legal experts, who have collaborated in various subcommittees on a pro-bono basis for over a year.
“Grand corruption is clearly a transnational issue that no one country can cope with alone. That is why a new mulitlateral body like the IACC is so necessary to combat it“
– Justice Richard Goldstone (vice-Chair of Integrity Initiatives international)
This IACC treaty-drafting meeting was facilitated by III Europe together with its partner organization, Integrity Initiatives International (III). It was convened by Justice Richard Goldstone, a distinguished retired South African Constitutional Judge and former chief Prosecutor of the ICTY and ICTR, and Maja Groff, the Senior Treaty Advisor and Board Member of III Europe, who served as meeting Chair. The meeting was very fruitful, culminating in the identification of the most complex legal issues requiring further research. This information will be used to develop the next draft of the IACC Treaty, expected by the end of the year.
“Corruption among public officials isn’t just a financial problem: it also undermines democracy and the rule of law in a country and exacerbates inequalities among its people (…) By establishing an anti-corruption court the Netherlands aims to strengthen the international legal order.”
–Wopke Hoekstra (former Minister of Foreign Affairs of the Netherlands)
The Work of the IACC Subcommittees
The IACC Treaty Committee consists of 8 subcommittees, which all produced presentations and draft provisions for the discussion in Hamburg.
- Asset Freezing, Recovery, Return and Related
- Core Crimes
- Corporate Liability and Engagement under an IACC
- Internal Court Management and Organs
- International Cooperation
- Jurisdiction
- Procedure and Evidence
- Victims, Witnesses and Whistleblowers
In the upcoming months, the experts will continue their efforts to further refine the specific provisions of the Draft Treaty, in consultation with various stakeholders. Meanwhile, III and III Europe will continue their advocacy activities to garner support for the establishment of the IACC. III Europe looks forward to continuing our successful collaboration with TNI, partnering with this facility to host further IACC related meetings in 2025, including in-person consultation with scholars, NGOs, businesses, and state representatives.
The Campaign for the Establishment of the IACC
The IACC, a court of last resort, would fill a significant enforcement gap in the international framework. It would step in to combat acts of grand corruption only when national governments are unable or unwilling to do so. The IACC will prioritize efficiency and productivity, learning from lessons provided by the operation of existing international courts. The proposal to establish an international court to fight corruption has garnered worldwide support: several states have explicitly endorsed the campaign, and the declaration in support of the IACC was signed by more than 275 world leaders from over 80 countries. Most recently, the UK House of Lords debated both the IACC proposal and the progress made in Hamburg.
“Grand corruption has a global dimension and cannot be combatted by the affected countries alone. This is the main reason why an Internaitonal Anti_Corruption Court is needed“
– Danilo Türk (former President of Slovenia)
Please reach out to info@iiieurope.org if you have any questions about the work of III Europe! For more information about the development of the draft IACC Treaty and the campaign for its establishment, please visit the IACC website.
Published on 6th September 2024
Photos by Maximilian Glas