International Anti-Corruption Court
An International Anti-Corruption Court is a proposal for the establishment of a court similar to the International Criminal Court or as part of it, for the criminal enforcement of laws prohibiting grand corruption.
The idea for an International Anti-Corruption Court was first put forward by Judge Mark L. Wolf at the 2012 St. Petersburg International Legal Forum and subsequently presented at the 2014 World Forum on Governance. Wolf outlined the proposal in a paper for the Brookings Institution in July 2014, as well as in a Washington Post op-ed on 22 July 2014. Judge Wolf wrote an article called "The World Needs an International Anti-Corruption Court" in the Daedalus journal to inform the public of his idea. It can be found here.
The governments of Colombia, Peru, and Nigeria have formally endorsed a General Assembly session on corruption at the United Nations Headquarters in New York, scheduled for 26-28 April 2021. A joint declaration was issued by President Iván Duque to Peru and President Martín Vizcarra Cornejo of Colombia with the purpose of adopting concrete actions to prevent and combat corruption, strengthen international cooperation and creation of an international anti-corruption court.
With the active support of the Colombian government, momentum is growing to bring the International Anti-Corruption Court concept before international bodies, including the United Nations General Assembly. Though the process of drafting and ratifying international conventions can be slow, participants encouraged the development of regional or continental agreements to target corruption. Such agreements could serve as a proof of concept for an international body, while addressing ongoing issues of corruption as the details of the IACC are negotiated.
Under the proposed Court, states could voluntarily accede to the IACC, granting it jurisdiction over investigating and prosecuting domestic acts of grand corruption. The IACC would be staffed by top prosecutors and impartial judges selected by the Court’s state parties. Crucially, the IACC would operate under the principle of “complementarity,” meaning it would only conduct prosecutions where domestic courts are unwilling or unable to do so. In this way, the IACC would act as incentive for domestic governments to establish adequate anti-corruption processes while ensuring that corrupt leaders are held accountable where the effective processes do not yet exist. In these respects, the IACC is similar to, but distinct from, the International Criminal Court, and may be designed in a way that draws on the strengths of the ICC model while avoiding some of its weaknesses.
Other elements of Wolf's proposal include:
- The court would serve as a forum for the criminal enforcement of the laws prohibiting grand corruption that exist in virtually every country, and the undertakings that are requirements of various treaties and international organisations ;
- The court should operate on the principle of complementarity, meaning the court would only conduct prosecutions where states are unwilling or unable to prosecute;
- The court should be empowered to hear civil fraud and corruption cases brought by private "whistleblowers"';
- Submission to the jurisdiction of the court should be incorporated in the United Nations Convention against Corruption and a condition of membership in international organisations such as the OECD and WTO;
- Submission to the jurisdiction of the court should be a condition of obtaining loans from international lenders such as the World Bank; and
- Submission to the jurisdiction of the court should be incorporated into new free trade agreements.
Support
Leaders at the 74th United Nations General Assembly
On September 24, 2019, leaders from Malaysia, Norway, Peru and Colombia expressed the importance of international cooperation in efforts to combat grand corruption.Colombia and Peru vow to promote an "International Anti-Corruption Court"
In November 2018, the United Nations adopted a resolution calling for the convening of a Special Session of the General Assembly in the first half of 2021 “on challenges and measures to prevent and combat corruption and strengthen international cooperation.” In January 2019, Colombia called upon the United Nations to create the IACC and to make it a key focus of the 2021 Special Session. In May 2019, Peru joined Colombia in backing the IACC, as President of Colombia Iván Duque Márquez and President of Peru Martín Vizcarra signed a Joint Presidential Declaration calling for further study and action to establish an IACC. On June 12, 2019, Colombian Foreign Minister Carlos Holmes Trujillo delivered opening remarks, including calling for support of the IACC, to the United Nations Office on Drugs and Crime Expert Group Meeting in Oslo, Norway. The outcome statement of the Expert Group Meeting further endorsed consideration of the IACC.Global Witness
In a blog posted on December 19, 2016 titled "The 1MDB Scandal Should Be Address by an International Criminal Tribunal - An Important First in the Fight Against Grand Corruption," Global Witness endorsed the idea of an International Anti-Corruption Court, "imagine the effect of an ad hoc international tribunal with jurisdiction over a specific corruption case: the drafters of its statute, and the jurisprudence it would generate, would help to shape the law of grand corruption for decades to come."In June 2019, Mike Davis of Global Witness stated that the organization very much supports the idea of an International Anti-Corruption Court during the UNODC Expert Group in Oslo, Norway.
Global Organization of Parliamentarians Against Corruption (GOPAC)
On 8 October 2015, the Global Organization of Parliamentarians Against Corruption issued a statement - the Yogyakarta Declaration - supporting the establishment of an International Anti-Corruption Court following the Sixth Global Conference of Parliamentarians Against Corruption which was held in Yogyakarta, Indonesia. Specifically, the Declaration stated: "6. Recommend that the United Nations consider the establishment of a new UNCAC protocol to establish an international court on corruption for the prosecution of perpetrators and collaborators of grand corruption".Konrad Adenauer Stiftung Foundation and IFAISA Accountability Now
The 2015 Entebbe Workshop Resolutions on the African Legal Frameworks for Preventing, Combating, Investigating, Prosecuting and Punishing the Corrupt acknowledged the necessity of an IACC.The Socio-Economic Rights and Accountability Project (SERAP)
The Socio-Economic Rights and Accountability Project has urged the two leading presidential candidates, Dr. Goodluck Jonathan of the People’s Democratic Party and Gen. Muhammadu Buhari of All Progressives Congress, to publicly endorse the global initiative for an International Anticorruption Court to demonstrate their expressed commitment to tackle corruption and impunity of the perpetrators if voted into power.SERAP gave the advice in a statement signed on March 12, 2015 by its Executive Director, Adetokunbo Mumuni. “Such a multilateral body will be empowered to probe allegations of corruption in the spending on the fight against Boko Haram, the billions of naira raised under the Victims of Terror Support Fund, and to try other cases of political corruption such as those involving former governors that have remained unresolved for many years.”
Human Rights Watch
On 13 November 2014, in oral testimony before a Tom Lantos Human Rights Commission Briefing, Arvind Ganesan, Business and Human Rights Director at Human Rights Watch said that a "key step" in fighting grand corruption is to "Support efforts to examine the legal, administrative, and other procedural steps needed to create an International Anti-Corruption Court." Before highlighting actions the US Government could take to build momentum for the court, Ganesan also said, "Judge Mark Wolf's proposal for an international anti-corruption court is something Human Rights Watch believes could be a valuable step forward, but there are challenges ahead. The promise of the court has to be tempered with the technical and legal hurdles that would have to be overcome to make such a court a reality. It would need to have jurisdiction, investigative capacity, and operate in a way that still protects the rights of the accused. More challenging are the political realities, notwithstanding some of the technical challenges in starting such a court. Most notably, many governments, especially those ruled by kleptocrats, will not easily agree to a court that holds them accountable for plundering public funds."Justice Richard Goldstone
Richard Goldstone, former South African judge and chief prosecutor of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, is a strong supporter of the International Anti-Corruption Court. He is a board member of Integrity Initiatives International.Commentators
Other commentators and analysts to support the idea of establishing an international anti-corruption court include John Githongo and Robert Rotberg.Civil Society Movement
Integrity Initiatives International
Integrity Initiatives International is a Boston-based international NGO founded in 2016 with the stated aim of combatting grand corruption by:- Institutionalizing the effort to create an International Anti-Corruption Court;
- Advocating for the development and enforcement of other measures to punish and deter corrupt leaders; and
- Forging a network of young people dedicated to fighting grand corruption in their own countries and around the world.
Resulting Programs and Presentations
Conference of States Parties to the UNCAC
III attended the 8th Conference of States Parties to the United Nations Convention Against Corruption in Abu Dhabi from December 16-20, 2019.Conferencia Hemisferica "Corrupción y sus soluciones potenciales"
III attended the Hemispheric Conference “Corruption and its Potential Solutions” in Cali, Colombia on October 15, 2019.Side Event at the 74th United Nations General Assembly
On September 24, 2019, III Chair, Mark Wolf participated in a panel at the United Nations General Assembly with foreign affairs ministers Néstor Popolizio of Peru, Carlos Trujillo of Colombia, and Saifuddin Bin Abdullah of Malaysia; and Norway’s Minister of International Development, Dag Inge Ulstein.Transparency International School on Integrity
A member of III's NextGen Youth Network recently participated in the Transparency International School on Integrity, hosted in Lithuania from July 1st to the 8th of 2019 with other youth activists. Transparency International School on Integrity is a state-of-the-art anti-corruption and accountability training for future leaders. The School exposes its participants to the latest developments in the field of anti-corruption and accountability and offers real opportunities to try and implement their ideas in practice.General Assembly of the Organization of American States
The 49th General Assembly of the Organization of American States was attended by a member of III's NextGen Youth Network in Medellin, Colombia from June 26th to June 28th of 2019. The theme was "Innovating to Strengthen Hemispheric Multilateralism."Expert Group Meeting by UNCAC
From June 12–14, Wolf participated in the United Nations Office on Drugs and Crime Expert Group Meeting in Oslo, Norway.1st Pan-American Judges Summit on Social Rights, the Environment, and Social Justice
Wolf participated in the First Pan-American Judges Summit on Social Rights, the Environment, and Social Justice from June 2–4, 2019. During the Summit, Wolf presented on the importance of establishing an International Anti-Corruption Court.Anti-Corruption Initiative at Monterrey Tec
In March 2019, Wolf gave the inaugural lectures of a new anti-corruption initiative at Tecnológico de Monterrey in Mexico City, Mexico.The Current Affairs and Media Forum
On April 5, 2019, Justice Goldstone discussed III’s work at the Current Affairs and Media Forum in Somerset West, South Africa.Michael Hoffman Center for Business Ethics at Bentley University
On April 1, 2019, Wolf gave a lecture entitled, “American Business Needs an International Anti-Corruption Court” at Bentley University’s W. Michael Hoffman Center for Business Ethics in Waltham, Massachusetts.American Academy of Arts and Sciences
On March 20, 2019, Justice Goldstone led a workshop on the establishment of the International Anti-Corruption Court at the American Academy of Arts and Sciences. Participants included Professor Rotberg, Justice Cordy, Ambassador Shattuck, and Judge Wolf, among other prominent anti-corruption experts. The American Academy of Arts and Sciences led a similar workshop on May 8, 2019.BBC HARDtalk
On November 14, 2018, Wolf spoke with Shaun Ley of BBC HARDtalk. They spoke about Integrity Initiatives International and the proposed International Anti-Corruption Court.Situating Jurisdiction of ICC over Cross-Border Corruption
The Human and Environmental Development Agenda, the Nigeria Coalition on International Criminal Courts, and the Nigeria Bar Association hosted a conference on the role of supranational courts in combating grand corruption. Paul Hoffman, representing III, was the keynote speaker. This event was held on November 13, 2018.Central and Eastern Europe and Central Asia Anti-Corruption Enforcement and Compliance Conference
From November 12 to 13, 2018, III participated in the International Bar Association’s Central and Eastern Europe and Central Asia Anti-Corruption Enforcement and Compliance Conference in Prague, Czech Republic. III Chair Mark Wolf gave the keynote address and was featured as a panelist on the regional enforcement panel from law enforcement officials.USAID New Justice Program
From October 27 to November 1, 2018, III worked with the USAID New Justice Program in Kyiv, Ukraine to assist in developing selection criteria for judges on the new Ukraine National Anti-Corruption Court. III and its partners also discussed the importance of the new court and its ties to the concept of the International Anti-Corruption Court in a series of meetings organized by Ukrainian MP Igor Soboliev.International Corruption Hunters Alliance
From October 25 to 26, 2018, III participated in the World Bank’s International Corruption Hunters Alliance in Copenhagen. Wolf spoke at the program on Friday the 26th at 2:00pm on the Rule of Law and Judicial Approaches to Combatting Corruption.African Investigative Journalism Conference
On October 31, 2018, III Board Member Richard Goldstone was a keynote speaker at the 2018 African Investigative Journalism Conference held in Johannesburg, South Africa at the University of Witwatersrand.International Anti-Corruption Conference
From October 22 to 24, 2018, III was in Copenhagen to participate in Transparency International’s biennial International Anti-Corruption Conference. The Conference brings together anti-corruption activists, NGOs, journalists, politicians, academics, and more from around the world.Konrad Adenauer Stiftung Foundation and IFAISA Accountability Now
From October 17 to 20, 2018, III was in Entebbe, Uganda for a workshop hosted by Konrad Adenauer Stiftung Foundation and IFAISA Accountability Now on the African legal frameworks for preventing, combating, investigating, prosecuting, and punishing the corrupt. Board Member Justice Richard Goldstone, III Partner Paul Hoffman, and III Assistant Director Michael Galant attended. The goal of the workshop was to review the existing legal frameworks in Africa as they relate to corruption, and create broad guidelines and recommendations that set out minimum legal standards in preventing, combating, investigating, prosecuting, and ultimately punishing the corrupt.Harvard Kennedy School Carr Center for Human Rights
On October 10, 2018, Wolf moderated a conversation with James Loeffler, Jay Berkowitz Professor of Jewish History at the University of Virginia, as a part of the Harvard Kennedy School Carr Center’s series on the anniversary of the United Nations’ Declaration of Human Rights.7th Annual Mexico’s Accountability Network Conference
On October 1, 2018, III board member Robert Rotberg was the keynote speaker at the 7th annual international conference of Mexico’s Accountability Network. The topic of his speech was “The Roots of Corruption,” the conference’s theme being “Challenges of Anticorruption Policy: From Capture to Universalism.”India International Centre
On August 14, 2018, III board member and anti-corruption expert Emil Bolongaita lead a roundtable forum on the International Anti-Corruption Court hosted by the India International Centre in New Delhi, India. The Forum presided by the Former Attorney-General for India, and attended by an Advocate for the Supreme Court of India, among others.Corruption Eradication Commission (KPK)
On August 8, 2018, Bolongaita led a roundtable discussion on the International Anti-Corruption Court hosted by Indonesia's Corruption Eradication Commission in Jakarta, Indonesia. The discussion included public officials and civil society leaders from Indonesia Corruption Watch, Amnesty International Indonesia, and more.The School of Government of Ateneo de Manila University
On July 18, 2018, Bolongaita led a roundtable discussion on the International Anti-Corruption Court, convened by the School of Government of Ateneo de Manila University. The discussion included leaders from across sectors - sitting senators, CEOs, academics, and activists alike.Governance Learns Forum at World Bank
On Thursday, May 10, 2018, Mark Wolf spoke at the World Bank at their Washington, DC headquarters at a Governance Learns forum titled "The Role of National and International Courts in Fighting Corruption." He was joined by Georgia Harley, Senior Public Sector Specialist at Governance GP, Roberto de Michele, Modernization of the State Principal Specialist at the Inter-American Development Bank, Stephen Zimmerman, Senior Advisor at Governance GP, and Debbie Wetzel, Senior Director at Governance GP. Judge Wolf presented the proposal for the International Anti-Corruption Court, and Georgia Harley and Roberto de Michele discussed World Bank and Inter-American Development Bank experiences in supporting specialized anti-corruption courts and judicial systems more broadly.Symposium at Harvard Carr Center for Human Rights
On April 25, 2018, the Harvard Kennedy School's Carr Center for Human Rights hosted a symposium titled "Corruption and Human Rights - The Linkages, the Challenges, and Paths for Progress." Speakers at the event include Alberto Mora, Luis Moreno-Ocampo, Kathryn Sikkink, Judge Mark Wolf, and others.The Organization of American States' Summit of the Americas
From April 10–14, 2018, a member of III's NextGen Youth Network was in Lima, Peru to represent III at the Organization of American States' Summit of the Americas. The summit's theme for 2018 is "Democratic Governance Against Corruption." III participated in several events at the summit that was being held specifically for civil society actors. III also worked with youth participants to strengthen III's network of young activists, and to promote greater interest in the campaign for the International Anti-Corruption Court.Skoll World Forum on Social Entrepreneurship at Oxford University
From April 10–13, 2018, Mark Wolf attended the 2018 Skoll World Forum on Social Entrepreneurship at Oxford University, at which he advocated for the creation of the International Anti-Corruption Court and related measures as effective tools in the fight against grand corruption. The forum seeks to unite social entrepreneurs with "essential partners in a collaborative pursuit of learning, leverage, and large-scale social change. " Speakers included community leaders, activists, social entrepreneurs, and innovators. Delegates from almost 65 countries were in attendance.The Geneva Centre for Civil and Political Rights' ("CCPR") Conference
On February 20, 2018, III Board Chair Mark Wolf spoke at the Geneva Centre for Civil and Political Rights' conference "Anti-Corruption Strategies for UN Human Rights Treaty Bodies." The conference provided a venue to further discuss how the issue of corruption, in particular through the lens of victims of corruption, could be taken into consideration by UN Treaty bodies. The conference also invited discussion on how human rights should be considered in the context of stolen asset return.Program at Harvard Kennedy School Carr Center for Human Rights
On February 9, 2018, III Chair Mark Wolf led a presentation for the Harvard Kennedy School Carr Center for Human Rights faculty titled "Grand Corruption, Violations of Human Rights, and the Case for an International Anti-Corruption Court."The Neiman Foundation
On February 5, 2018, the Neiman Foundation brought III Board Chair Mark Wolf in for a discussion with Neiman Fellow Frederik Obermaier. They discussed, among other things, the relationship between investigative journalism and prosecution in the process of prosecuting grand corruption. Frederick Obermaier has received numerous awards for his work on the Panama Papers revelations.Australian Public Sector Anti-Corruption Conference (APSACC)
On November 14–16 in 2017, Judge Wolf was a keynote speaker at the sixth biennial Australian Public Sector Anti-Corruption Conference in Sydney, Australia. Hosted by the Independent Commission Against Corruption and the Crime and Corruption Commission, APSACC is Australia’s premier corruption and misconduct prevention forum. With over 80 speakers, more than 22 sessions, and six workshops, the conference provides an opportunity for key decision makers from governments worldwide to focus on the latest innovations, strategies, and future directions in preventing corruption. In May 2017, the New South Wales Independent Commission Against Corruption interviewed Judge Wolf on his long career in international anti-corruption.Mandela Fellows at Bridgewater State University
On July 25 in 2017, Judge Wolf spoke to the Mandela Fellows at Bridgewater State University. The Mandela Washington Fellowship, the flagship program of the Young African Leaders Initiative, gives 1000 exceptional young leaders from across Sub-Saharan Africa the opportunity to study and develop their skills at an American college or university with support for professional development upon their return home.American Academy of Arts and Science Program
From June 25–27, 2017 contributors to the American Academy of Arts and Sciences quarterly publication Daedalus met to discuss their contributions to the publication's "anti-corruption" issue. On June 25, Wolf spoke on a panel titled, 'Challenging Corrupt Practices: America, Brazil, Globally' alongside Zephyr Teachout and Sergio Fernando Moro. Judge Wolf discussed current efforts to create an International Anti-Corruption Court.National Endowment for Democracy Discussion Programs
In April 2017, Wolf was one of the keynote speakers in a round-table discussion titled "Strengths and Weaknesses of Legal Mechanisms to Combat Kleptocracy," sponsored by the National Endowment for Democracy's International Forum for Democratic Studies. Also on this day, Judge Wolf served as a discussant at a round table discussion led by Judge Claudia Escobar titled "Judicial Independence as a Tool to Fight Corruption: Lessons from Guatemala." In a round-table discussion titled "Legal Mechanisms to Combat Kleptocracy," also sponsored by the International Forum for Democratic Studies at the NED. In June 2017 Judge Wolf was interviewed by Melissa Aten of the International Forum for Democratic Studies at the NED regarding III’s proposal for the creation of an International Anti-Corruption Court as a tool in the fight against global kleptocracy.Program at the Harvard Carr Center for Human Rights
In April 2017, Wolf led a Lunch Seminar at the Harvard University Carr Center for Human Rights titled "Grand Corruption, Violations of Human Rights, and the Need for an International Anti-Corruption Court."Program at Columbia University
In March 2015, Wolf attended a roundtable discussion on the proposal for an International Anti-Corruption Court at Columbia University's Center on Global Economic Governance.Aspen Institute Program
In March 2017, Wolf spoke on a panel at the Aspen Institute titled "Combatting Kleptocracy: Is an International Anti-Corruption Court the Answer?"Council on Foreign Relations Program
In February 2017, the International Institutions and Global Governance program at the Council on Foreign Relations held a meeting of the US and the Future of Global Governance Round-Table Series, at which Wolf discussed the International Anti-Corruption court.Woodrow Wilson International Center for Scholars Program
In February 2016, Wolf gave the inaugural lecture of the Woodrow Wilson Center's Rule of Law Initiative, in which he focused on the potential for an International Anti-Corruption Court to combat grand corruption more effectively. In April 2016 the Rule of Law Initiative previewed the 2016 London Anti-Corruption Summit, during which Judge Wolf contributed to presentations.2016 London Anti-Corruption Summit Presentation
Wolf attended the 2016 International Anti-Corruption Summit in London. His Leaders' Statement was titled "An International Anti-Corruption Court for Grand Corruption.Program at Brandeis University
In April 2015, Wolf gave a talk at the Brandies University International Center for Ethics, Justice and Public Life titled "An International Court to Fight Corruption: A Federal Judge Makes the Case."Harvard Kennedy School of Government Seminar
Wolf teaches a course at the Harvard Kennedy School of Government titled "Combatting Corruption Internationally." The course examines "the causes and consequences of grand corruption -- the abuse of public office for personal profit by a nation's leaders -- and means of combatting it."Tom Lantos Human Rights Commission
On November 13, 2015, the Tom Lantos Human Rights Commission held a briefing titled "An International Anti-Corruption Court to Mitigate Grand Corruption and Human Rights Abuses." At this briefing, panelists including Wolf, Arvind Ganesan, and Ruth Wedgwood discussed the "linkage between grand corruption and human rights, the challenges to combating grand corruption, the mission of an IACC, including how it could complement and collaborate with national systems, and the challenges to the creation of a court with a real ability to punish and deter corrupt leaders." On June 16, 2016 Judge Wolf spoke at a hearing at the Lantos Commission titled "Corruption and Human Rights: Improving Accountability," at which participants discussed and examined "what has been done to date in the effort to combat corruption at the international level." In February 2020, III participated with The Sentry and Global Witness in a private briefing to Congressional staff concerning the creation of an international accountability mechanism to combat grand corruption.World Forum on Governance Presentation
In April 2014, Mark L. Wolf attended the annual World Forum on Governance in Prague, where he advocated for the International Anti-Corruption Court.Criticisms
The Heritage Foundation
In a report published in October 2014 for The Heritage Foundation entitled "Why the U.S. Should Oppose the Creation of an International Anti-Corruption Court," Brett D. Schaefer, Steven Groves, and James M. Roberts outlined a number of arguments against the establishment of an International Anti-Corruption Court.Commentators
Matthew Stephenson wrote a guest post for The Global Anticorruption Blog titled, "Is an International Anti-Corruption Court a Dream or a Distraction?" where he describes the IACC as idealistic.Matthew Stephenson and Sofie Arjon Schütte wrote a U4 Brief asking whether such a court would not just divert resources from more effective strategies against impunity?