Comment on this story: There is an undeniable thrill in witnessing the arraignment of a former president like Donald Trump in court. It serves as a reminder that no individual is exempt from the law. In many countries, such a sight would be unimaginable as heads of state are immune from removal or prosecution, no matter how many laws they violate.
Mark L. Wolf, a former federal prosecutor turned senior federal judge in Boston, is leading an effort, along with other esteemed jurists, to establish an International Anti-Corruption Court (IACC). The purpose of this court would be to hold corrupt leaders accountable when national courts fail to do so. While the existing International Criminal Court focuses on war crimes, the IACC would address the issue of “grand corruption” committed by ruling elites worldwide, with estimated costs reaching up to $1 trillion.
Why is such a court necessary? To understand the impact of corruption on a country, simply refer to Transparency International’s list of the most and least corrupt nations. The 2022 survey revealed that the least corrupt countries are wealthy liberal democracies like Denmark, Finland, New Zealand, Norway, Sweden, Switzerland, and the Netherlands (Singapore is the only autocracy in the top 10). On the other hand, the most corrupt countries are impoverished nations such as Somalia, Syria, South Sudan, Venezuela, Yemen, Libya, North Korea, and Haiti. This correlation is not coincidental: Low-corruption countries abide by the rule of law, while high-corruption countries are governed by lawlessness.
The consequences of corruption don’t stop at national borders; they extend to refugee flows, environmental degradation, criminal networks, and even military aggression. Russia’s invasion of Ukraine, for instance, was initiated by a corrupt group seeking to exploit Ukraine’s resources. Ukraine was an easy target due to years of corruption, some of which was encouraged by Russia. The United States also experienced the detrimental effects of corruption in Iraq and Afghanistan, where stolen aid funds hindered efforts to combat extremism. In Iraq alone, corruption is estimated to have cost the government between $150 billion and $300 billion since 2003.
Corruption impedes not only the fight against extremism but also the battle against global warming. Corrupt countries are often major contributors to pollution, driven by the ruthless extraction of natural resources and deforestation. Virtually every major international problem is aggravated by corruption.
The profitability of “grand corruption” makes it challenging to combat. Government officials who benefit from the embezzlement of state resources possess the authority to prevent prosecutors and judges from interfering. Bill Browder, a British investor who supports the establishment of the IACC, experienced this firsthand when he exposed the looting of his Russian companies. His lawyer, Sergei Magnitsky, died in prison, and Browder now lives in constant fear. Judge Wolf’s proposition for an International Anti-Corruption Court fills this void, allowing for investigations into corruption cases that national courts are unwilling or unable to pursue. This court has jurisdiction over foreign leaders’ illicit activities, as they lack immunity in international courts.
Judge Wolf emphasizes that the IACC has gained momentum, receiving support from Canada, the Netherlands, and over 50 former presidents and prime ministers. Other countries in favor include Colombia, Ecuador, Moldova, and Nigeria. Strangely, the Biden administration has not aligned itself with this movement. This perplexes Judge Wolf, who attributes it to the US’s historical aversion to international tribunals. However, President Biden himself has acknowledged that corruption poses a national security risk. Supporting the IACC would enable him to highlight the importance of prosecuting high-level criminals and counter dubious attacks on his own integrity.
Judge Wolf believes that the IACC can be established by a select number of nations, as long as they represent different regions and include major money laundering centers. It is high time for the United States and the rest of the world to rally behind this crucial initiative. Corruption exacts a devastating toll, and while the IACC won’t be a panacea, it will serve as a vital tool in upholding the rule of law and combating corrupt tyrants.
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