War has left indelible marks on Sam Sasan Shoamanesh, whose early experiences in Iran during the Revolution of 1979 and the Iran-Iraq War deeply influenced his pursuit of international law and justice. In a comprehensive interview, Shoamanesh discusses the challenges and triumphs of the International Criminal Court (ICC) and its efforts to address crimes against humanity.
Shoamanesh’s career at the ICC, where he formerly served as the Chef de Cabinet to the Prosecutor, has been marked by significant achievements. He speaks candidly about the complex operations of the ICC, particularly the institution’s struggle with limited resources and the immense expectations placed on it. He highlights the importance of prosecutorial independence and the ICC’s novel approach to victim participation in legal proceedings, which provides a voice to victims of atrocity crimes.
The ICC has evolved from an entity with no cases to a fully functional international court dealing with multiple investigations and trials, ranging from sexual and gender-based crimes to the destruction of cultural heritage. Shoamanesh emphasizes the ICC’s role not only in prosecution but also in deterrence, demonstrating the court’s potential to dissuade future crimes through its existence and successful prosecutions.
One of the significant challenges discussed is the mismatch between expectations and the ICC’s operational capabilities, exacerbated by the need for cooperation from member states and the absence of a dedicated enforcement mechanism like a police force. Additionally, Shoamanesh addresses the impact of new technologies on the ICC’s work, recognizing both advantages and new threats, such as cyberattacks.
Shoamanesh also reflects on the importance of maintaining integrity in the face of political pressures, a recurring theme throughout his tenure. He concludes on a hopeful note, reminding readers of the strides made in human rights and international justice, and encouraging the next generation of lawyers to engage with passion and commitment.