**Title: Unveiling the Fight against Bribery and Corruption: An International Anti-Corruption Court**
**Introduction**
In our interconnected world, the alarming rise of bribery and corruption has become a pressing global concern, threatening stability, economic growth, and the overall well-being of societies. To combat this pervasive issue, a group of prominent jurists and lawyers will convene at the New Institute in Hamburg on 27 August to draft a treaty for the establishment of an International Anti-Corruption Court. This groundbreaking initiative is urgently needed, as money laundering alone causes an astonishing $1.6 billion in global losses annually, with over $7 billion of private wealth held in secret offshore accounts, equivalent to 10% of global GDP. The consequences of corruption range from destabilized countries to state failures and human rights violations. As former UN high commissioner for human rights Navi Pillay ominously warned in 2013, “corruption kills.”
**Battling Kleptocracies and their Devastation**
Kleptocracies, fueled by corrupt leaders who plunder public funds for personal gain, have ravaged populations for far too long, driving citizens deeper into poverty. Developing countries particularly bear the brunt of this abuse, but it is a global responsibility to combat corruption at its root. Global companies and banks, many of which are headquartered in New York and London, play a significant role in perpetuating money laundering. Infamous money laundering hubs such as Dubai and Hong Kong also contribute to the illicit flow of funds. Only by collectively addressing this issue can we hope to bring about positive change.
**Examples of Devastation**
The detrimental consequences of corruption are evident in countries such as South Africa and Angola. The decade of “state capture” under former South African president Jacob Zuma led to a collapse in the country’s GDP, accompanied by crippling power outages and contaminated water supplies. Similarly, billions of US dollars were embezzled by former Angolan president José Eduardo dos Santos and his cronies, resulting in 53% of Angolans living on less than $2.15 a day. These examples highlight the urgent need for action and the establishment of an International Anti-Corruption Court.
**Exploring the Limitations of the International Criminal Court**
While the International Criminal Court (ICC) is renowned for prosecuting heinous crimes such as genocide and war, it lacks the mandate to prosecute individuals for corruption. Amending the ICC’s Rome Statute to include corruption would be an arduous task, requiring ratification by the majority of its 123 member states, some of which are led by individuals convicted of corruption themselves. Thus, an alternative solution is to establish a specialized court solely dedicated to tackling the complex and multifaceted issue of corruption.
**The Role of the International Anti-Corruption Court**
The proposed International Anti-Corruption Court (IACC) would build upon existing international agreements, such as the United Nations Convention against Corruption, which already obliges its 189 parties to criminalize bribery, embezzlement, money laundering, and the obstruction of justice. Unlike the ICC, the jurisdiction of the IACC would not require time-consuming re-examination of existing criminalization statutes. Rather, it would focus on targeting high-ranking officials, corrupters, and money launderers who commit crimes within member states. This specialized court would enhance the ability to enforce existing laws and prevent kleptocrats from evading justice.
**Freezing and Recovering Stolen Assets**
The IACC would have the power to freeze and recover assets that kleptocrats often hide in countries like the UK, even if they remain within their home countries. This would enable the court to hold corrupt individuals accountable and prevent them from enjoying the fruits of their ill-gotten gains. Furthermore, if individuals implicated in corruption cases travel to an IACC member state or a country with an extradition treaty, they would face the risk of arrest, trial, and imprisonment. Such measures could significantly deter corrupt activities and help curb the global spread of corruption.
**Public Support and Global Endorsement**
To establish the IACC successfully, public support and global endorsement are crucial. In the UK, a poll revealed that 73% of respondents are in favor of setting up the court. Moreover, more than 300 leading figures, including heads of state and government, as well as Nobel laureates, have endorsed the idea. Integrity Initiatives International, a non-profit organization, has rallied civil society organizations globally to support the establishment of the IACC. Pledges from countries such as Canada, Ecuador, Moldova, the Netherlands, and Nigeria have already demonstrated the growing global momentum for this initiative.
**The UK’s Responsibility and the Fight against Money Laundering**
As notorious money laundering hotspots, London and the UK’s overseas territories, from the Caribbean to Gibraltar, have a significant role to play in supporting the IACC. The UK government should take the lead in garnering global support for this crucial institution. Additionally, the UK needs to strengthen regulations on lawyers, bankers, property owners, accountants, and other financial advisers who often enable money laundering. By enforcing foreign bribery laws and improving transparency, the UK can set an example for other nations in the fight against corruption.
**Conclusion**
The establishment of an International Anti-Corruption Court signifies a pivotal step towards combating bribery and corruption on a global scale. By harnessing the collective efforts of the international community, we can send a resolute message that corrupt activities will not go unpunished. The fight against kleptocracies and money laundering demands cooperation, transparency, and unwavering determination. Let us seize this opportunity to reshape the world and pave the way for a more just and equitable future.
**Summary**
Amid the staggering financial losses and destabilization caused by bribery and corruption, the need for an International Anti-Corruption Court has come to the forefront. With alarming statistics, including $1.6 billion lost annually to money laundering and $7 billion held in secret offshore accounts, it is imperative for countries to unite against this pervasive issue. Kleptocracies, exemplified by the devastating events in South Africa and Angola, display the urgent need for action. While the International Criminal Court focuses on other crimes, establishing a specialized court dedicated to tackling corruption is essential. The proposed International Anti-Corruption Court would leverage existing agreements to target high-ranking officials and money launderers. Such a court would freeze and recover stolen assets, even if they are hidden in countries like the UK, ultimately deterring corrupt activities. With global support from leaders and civil society organizations, the UK must play a vital role in supporting the court while strengthening regulations to combat money laundering effectively. The fight against corruption requires international cooperation and resolute action to create a fairer and more transparent world.
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The writer is a Labor member of the House of Lords, former cabinet minister and anti-apartheid activist
At the New Institute in Hamburg, a group of prominent jurists and lawyers will begin drafting a treaty to establish an International Anti-Corruption Court on 27 August.
The need is urgent. Money laundering causes a staggering $1.6 billion in global losses annually, with over $7 billion of private wealth held in secret offshore accounts, the equivalent of 10% of global GDP. Countries remain destabilized and in some cases corruption leads to state failure. As Navi Pillay, the former UN high commissioner for human rights ominously warned in 2013, “corruption kills”.
Kleptocracies have ravaged their populations for far too long, with corrupt leaders plundering public funds for personal gain and driving their people ever deeper into poverty. Developing countries bear the brunt of this abuse. But it is a global responsibility. The authors enjoy the help of global companies and banks, most headquartered in New York and London. Dubai and Hong Kong are notorious money laundering hubs.
In South Africa, the notorious “state capture” decade under former president Jacob Zuma triggered a collapse in the country’s GDP, also leading to crippling daily power outages and contaminated water supplies.
In oil-rich Angola, billions of US dollars have been stolen former president José Eduardo dos Santos and his cronies, with disastrous results: 53% of Angolans live on less than $2.15 a day.
Why can’t we rely on the International Criminal Court to fight back? Because the ICC focuses on heinous crimes such as genocide and war. It cannot prosecute individuals for corruption. Amending its basic Rome statute to include corruption in its mandate would be extremely difficult, requiring ratification by the vast majority of its 123 member states, some led by people convicted of corruption.
But the fundamental crimes within the jurisdiction of the proposed new court would not require time-consuming re-examination, because the United Nations Convention against Corruption already obliges its 189 parties to criminalize bribery, embezzlement, money laundering and the obstruction of justice. However, in many countries kleptocrats abuse their power to prevent enforcement. The IACC would target high-ranking officials, corrupters and money launderers who commit part of their crimes within member states.
Entrenched kleptocracies (including Russia) may resist joining, but kleptocrats often hide their ill-gotten assets in countries like the UK. This would allow the new court to freeze and recover stolen assets, even if they evade arrest by remaining in their home countries. If corrupt individuals travel to an IACC member state or a country with an extradition treaty, they would face the risk of arrest, trial and imprisonment.
So far, 73% of respondents in the UK are in favor of setting up the court, and more than 300 leading figures, including more than 50 current and former heads of state and government, as well as 30 Nobel laureates, have endorsed the idea. Integrity Initiatives International, a non-profit organization, has coordinated a global network of civil society organizations, supporting an IACC, which has so far resulted in pledges from countries including Canada, Ecuador, Moldova, the Netherlands and Nigeria.
London and the UK’s overseas territories, from the Caribbean to Gibraltar, are notorious money laundering hotspots and our government should take the lead in garnering global support for the IACC. The UK also needs to do much more to regulate lawyers, bankers, property owners, accountants and other financial advisers who help money launderers, enforce foreign bribery laws and improve transparency.
It is not good to openly criticize corruption while turning a blind eye to it. The time to act is now.
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