June 26, 2024

By Kirk Boyd

It is a good thing for humanity that the International Court of Justice, the International Criminal Court, and the Regional Courts are becoming more active. These Courts, and the documents that they interpret and enforce, are part of the backbone of our social contract, the formal and informal agreement that humans have with each other, and those who govern, about rights for people and nature as we live together on our planet, Earth.

The decisions of these Courts are part of the emergence of "the rule of law." Humans have a unique ability among all species: we can read and write. At our best, we can use this ability to embody fundamental values such as environmental and human rights into documents such as Bills of Rights and Statutes that can then be enforced in a neutral manner in Courts with independent Judges.

Aware of the history of humanity, with the war and environmental destruction that has been prevalent, and is now continuing, it makes sense for humans as a whole to recognize that much of what has brought about these atrocities is impunity - the power of one man, or woman, to take actions that imperil large numbers of people and the environment of our planet.

All power to govern is derived from the people. As Rousseau wrote in "Social Contract" in 1762, "the people build the machine (our social contract) the government only operates it." Impunity is antithetical to this basic principle of governance. It allows a few people, for their own personal reasons, usually to enhance power to themselves or to make money, to start wars or commit wanton ruin of the environment.

So we, humanity, build courts to enforce basic principles such as no slavery, equality of women and men, the rights of all species to protection of their environment, and the right for all people to select those who govern them through a transparent, democratic, process - along with other rights.

It is a natural evolution for humans to curb impunity with courts. The biosphere of our planet has been damaged to the point where a mass extinction of species is occurring, wars with large numbers of civilians killed are raging, even including the danger of nuclear annihilation, and authoritarianism, another form of slavery, is on the rise.

Given these circumstances, it is wise that courts are stepping up. The focus of civil society, and States too, should be on the strengthening and expansion of these existing courts. For example, Ecocide should be added as a fifth crime at the International Criminal Court. Those who engage in wanton, widespread, acts of harm to the environment should know that, whatever country they may be in, they may go to jail.

As Courts gain power to prevent impunity, it is understandable that there will be backlash. There will be efforts to gut the Courts and preserve impunity. Kurt Vonnegut wrote that power is like whisky, it does not matter who you are, or what country you are from, if you consume too much of it, you will become drunk on it. There are many people running the world at this moment who are drunk on their power, and do not want to give it up. For the well-being of people and planet, they need courts to remind them that their power is limited, even if they resist.

To this end, as those who wish to preserve their impunity aggressively act to limit and dismantle the courts that limit them, it is time for people, non-governmental organizations, businesses and governments to take a stand by signing a simple statement reaffirming support for the Regional Courts, International Criminal Court, International Court of Justice, and other courts that are the embodiment of the rule of law.

Sign to Support the Rule of Law and Courts

Reproductive rights: A Global Journey of Control, Conflict, and Progress

Why People Should Sign to Support the Rule of Law