Martin Kenney examines recent calls for an international anti-corruption court
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Former UK Labour government minister and now Peer Peter Hain recently urged the UK to back the creation of an international anti-corruption court (IACC). Lord Hain suggested that the proposed court would run analogous to the International Criminal Court in the Hague, allowing for the prosecution of corrupt heads of state.
His call is a noble one. The problem with kleptocracy is that very few countries have the mechanisms to deal with it effectively. Captured states are not able to pursue the wrongdoers who have captured them. This lack of deterrent is at the root of most prolific crimes. Corruption is no different.
If an IACC with the power to investigate and prosecute grand corruption is to be established, then it must be able to punish those responsible. Otherwise, it will be a toothless tiger. This is where Lord Hain’s notion may have its limitations.
Martin is Head of Firm at MKS, a specialist investigative and asset recovery practice based in the BVI, focused on multi-jurisdictional fraud and grand corruption cases. In 2014 he was the recipient of the ACFE’s highest honor: the Cressey Award for life-time achievement in the detection and deterrence of fraud. He has been chosen as a global elite “Thought Leader” by Who’s Who Legal from 2017-present and is also a Visiting Professor at the University of Central Lancashire’s School of Justice in the UK.