A Japanese judge is heading the ICC. Can Tokyo build on that to host tribunal’s Asia office?

“Japan fundamentally sees itself as a leader in Asia when it comes to abiding by the transparent rule of law and hosting the court would further reinforce that,” he added.

Buildings and houses are seen from an observation deck in Tokyo. Japan hopes to reinforce its reputation as a nation that promotes the rule of law in international disputes and to play a larger role in regional diplomacy, analysts said. Photo: EPA-EFE

Japan is one of the largest financial contributors to the ICC, earmarking 3 billion yen (US$20 million) in the 2022 financial year budget, as well as contributing to its operations and staffing, such as by dispatching prosecutors to assist on cases.

Go Ito, a professor of international relations at Tokyo’s Meiji University, said, “I believe the promotion of Judge [Tomoko] Akane to the top position in the court in The Hague has given Japan new belief that this is where the Asian court should be based, along with all the clear evidence that Japan has long been a leading contributor to the court and a firm follower of international law.”

Japan has also been concerned in recent years with how other nations – notably China – have officials in senior, decision-making roles in international forums such as the United Nations, leaving Japan less able to influence policy.

By the end of this month, the ICC will release an overview of its plan to set up four regional courts around the world. The court hopes to expand its geographical footprint to ease the pressure on the single court that presently adjudicates in international disputes, as well as to increase cooperation among the 124 states that are a party to the Rome Statute of the ICC.

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The ICC – which tries individuals for genocide, war crimes, crimes against humanity and aggression – also hopes to increase understanding of the court’s objectives among non-member states and encourage them to join.

The United States, China and Russia are among the countries that are not members of the court. Only 19 of Asia’s 55 nations that are members of the UN are also part of the ICC.

The court plans to set up branches in Eastern Europe, South America, Africa and Asia, with Tokyo hoping to house the Asian office, the Yomiuri newspaper quoted diplomatic sources as saying. South Korea is also expected to bid to host the court in Seoul, according to Japan’s Yomiuri newspaper.

A general assembly of the full ICC later this year is expected to approve the plan, and branch offices are anticipated to be operational as soon as 2026.

An exterior view of the International Criminal Court in The Hague, Netherlands. The court plans to set up branches in Eastern Europe, South America, Africa and Asia. Photo: AP

But Ito of Meiji University anticipates friction with some of Japan’s immediate neighbours.

“China is not a member of the ICC and has a reputation for not following international law on issues such as the territories in the South China Sea,” said Ito, pointing to the 2016 ruling by the Permanent Court of Arbitration in The Hague that ruled Beijing’s “nine-dash line” in the South China Sea, land reclamation on disputed atolls and other activities in Philippine waters as unlawful.

Beijing has called the ruling “null and void”.

As tensions simmer over the South China Sea issue and more countries get involved in the dispute, a future hearing could be held in Tokyo if fighting breaks out.

Similarly, Japan and South Korea have long been locked in intense discussions over their shared history, including Japanese aggression during the occupation of the Korean peninsula and disputed territories.

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“The problem is that countries like China, North Korea, Russia and others see the ICC as fundamentally an infringement on their sovereign rights to act as they wish,” Nagy said.

“If there are judges from these sorts of countries on the ICC in Asia, then I am not sure that those judges would be able to separate themselves from the positions of their governments.

“A Japanese judge, on the other hand, would not skew the judgments of the court in favour of Tokyo because following established international law would already be in line with Japan’s position,” he said.

For that reason, Nagy anticipates resistance from Japan’s regional rivals, even if they are not formal members of the ICC.

“I expect China and North Korea will say Japan is not a ‘good international actor’ and bring up its history, that they will talk about the release of treated water from the Fukushima nuclear plant as they try to resist Japan hosting the court, but at this point I think it would be difficult to see Japan not being chosen,” he said.

Additional reporting by Kyodo

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