Seite 53 [53]
OCR
THE BANALITY OF GOOD “a prestigious institution on the world stage” one that would “add a visual dimension to the perception of the Court by the outside world” as “the public face of the institution — an emblem of fairness and dignity and a symbol of justice and hope.”*4 The Report paints a different, mixed, picture. It has stated that the “working environment at the headquarters in The Hague too often does not live up to the spectacular office accommodation provided”*, and that there is a mixed satisfaction score of the Court’s staff, as well as stagnation in their respective career progression and development. On the other hand, the Report also concludes that “[w]hile the fact that the instances mentioned have occurred since the Court’s establishment and at a variety of different times signals a non-collegial working environment, the whole picture is more complex.”*° Moreover, they noted that “it is certainly not the case that lack of collegiality was or is the custom or a systemic pattern of conduct and occurrence in all the Chambers and at all times,”*’ and that “collegial relations, as well as a collegiate atmosphere, fully prevail in the Presidency and in a majority of the Chambers.”** The picture that the Report paints is one of a complex organization that is having troubles. It is in no way a perfect organization, and the people working for it, while dedicated, can at times be uncollegial, at others disrespectful, and at others still, abusive. But they can also be dedicated, helpful, mindful of others, perform quite complex tasks under difficult circumstances, with mixed results. And this is where I welcome the Report’s honesty and approach. The Report paints a picture not of a shining city atop a hill bringing peace through justice, but of a bureaucratic institution with some noticeable cracks. Afterall, the Report does give 384 recommendations for the improvement of the ICC. But what it does well is to bring the Court from the realm of the imaginary, from a monument on a high pedestal, to the realm of the real, the everyday, the ordinary. In Arendt’s words, a bit banal, but working towards one of the most noble of pursuits, bringing justice where previously there was none. And while we want our villains to be struggling, and ordinary, and bumbling, we want our heroes to be the opposite: shiny, dedicated, competent and succeeding. Unfortunately, given the constraints of international bureaucracies, what we oftentimes get is something like the ICC. Finally, the Report also gives me hope. Hope that the ICC (the organization) will take the recommendations to heart and will act on them with all deliberate speed. At the end I am left with a quote from the Report itself, speaking of collegiality: 34 Report on the Future Permanent Premises of the International Criminal Court, ASP, ICCASP/5/16, 31 October 2006; also see Resnik — Curtis, Representing Justice, 275-281. 35 The Report para 205. 36 The Report para. 466 37 Ibid para 467 (emphasis in the original). 38 Ibid (footnotes removed). +51 +
