Subject: (3) POLITICAL INITIATIVES OF THE TRANSNATION RADICAL PARTY
X-Listprocessor-Version: 6.0 -- ListProcessor by Anastasios Kotsikonas
X-Comment: The Transnational Radical Party List
(3) POLITICAL INITIATIVES OF THE TRANSNATION RADICAL PARTY
by Emma Bonino, Secretary of the Radical Party
Sofia, 15-18 July 1993, Radical Party General Council
--------------
UNITED NATIONS
A Court to judge war crimes in the Ex-Yugoslavia
------------------------------------------------------------
SUMMARY: With Resolution no. 808 of 22 February 1993 and Resolution no.
827 of 26 May 1993, the UN Security Council decided to set up an
Internationa Court to judge crimes committed in the Former-Yugoslavia. The
Radical Party immediately took action to support this decision. We
succeeded in presenting various documents in the Parliaments of Croatia,
Macedonia, Bulgaria and Italy, and also in collecting over 60,000
signatures on a petition addressed to the UN (inserted in the Radical Party
newspaper "The New Party") and presenting them to Ibrahima Fall, Secretary
General of the World Conference on Human Rights in Vienna. There are still
many problems to be solved, which could jeopardize the setting up of the
Court, particularly those of a financial nature, which could be used as the
excuse - or an excuse - for the system's not becoming operative.
It is necessary to set reasonable deadlines for the fulfilment of the
obligations and the Court's becoming operative, and to ensure that these
are respected by organizing - and requesting others to organize - as many
parliamentary initiatives and nonviolent actions as possible. Two
deadlines are already hanging over our heads: the Security Council has to
appoint the General Prosecutor by 31 July 1993; and Member States must
propose their candidates for the position of judge by 31 August 1993. The
judges may be appointed by the end of September, but it will be necessary
to exert considerable pressure at an international level to achieve this.
If, when the various parliaments re-assemble, deputies do not embark on a
widespread parliamentary action by presenting motions and other suitable
instruments, supported by initiatives and nonviolent actions (for example,
a press campaign wherever possible), there is the risk that the UN
Resolutions will be blocked and, therefore, not applied. We also feel the
need to emphasize that this process is subject to a serious contradiction,
in that negotiations are currently underway - under the patronage of the
UN! - with those same people who should - or rather must - be judged.
With Resolution no. 808 of 22 February 1993 and Resolution no. 827 of 25
May 1993, the UN Security Council decided to set up an International Court
to judge war crimes committed in the Ex-Yugoslavia.
The Radical Party took action to support this decision by presenting many
documents in the parliaments of Croatia, Macedonia, Bulgaria and Italy and
by collecting over 60,000 signatures on a petition inserted in "The New
Party" newspaper. These signatures were presented to Ibrahima Fall,
Secretary General of the World Conference on Human Rights in Vienna, on the
eve of the Conference.
Many problems still have to be solved, particularly financial questions
which risk being used as an excuse for the Court not becoming operational.
The addendum to the report presented to the Secretary General of the
Security Council - 3 May 1993 - specifies that the Court will cost
approximately $31,000,000 to constitute, excluding functional expenses.
This sum covers, amongst other things, the cost of the staff (an estimated
373 persons), the General Prosecutor, the eleven judges and the operational
expenses. It does not include the functional expenses, i.e., rent of
premises, protection of witnesses, gathering further evidence, conducting
further inquiries if necessary, cost of detaining the accused before,
during and after the trial, etc.
The financing for the Court will be provided for in the UN's normal budget.
This way, no time will be lost in asking Member States to contribute to a
Special Fund; however, it is all too clear that "budget restrictions" will
soon be imposed.
Once again, we must set reasonable deadlines for fulfilling the various
commitments, and a date on which the system will become operational. We
must also undertake parliamentary initiatives and nonviolent actions to
see that these are respected.
The following terms have been established for the procedure of
constituting the Court, as indicated in the report presented by the UN
Secretary General, and approved by the Security Council:
Before the end of July, the Security Council must appoint the General
Prosecutor, following the guidlines in a proposal made by the Secretary
General.
The General Prosecutor must then begin to gather evidence, also examining
the elements already collected by the Committee of Five Experts appointed
by the Security Council with Resolution no. 780 (6 October 1992).
This Committee is presently collecting and computerizing all available
information and data.
On the basis of these or other elements, the General Prosecutor will
compile a list of defendants, communicating these names to the judges of
the Court who, in their turn, will decide whether or not to uphold the
charges and issue the relative warrants of arrest.
Appointment of judges.
UN members must present their candidates for the position of judge no later
than 31 August 1993.
Immediately after that date, the Secretary General must propose a selection
of names to the Security Council. The Council will approve a list of 22-23
candidates for proposal to the General Assembly, which must appoint eleven
judges.
---------------
Some important dates
6 October 1992: The Committee of Experts. With Resolution no. 780 the UN
Security Council appointed a Committee of Experts to investigate the
violations of international human rights laws in the territory of the
Ex-Yugoslavia. Cherif Bassiouni, Professor of Law, Criminologist and
member of the Radical Party, sat on this Committee.
2-5 December 1992: The Syracuse Convention. An international convention
for the creation of an international criminal court was held at Syracuse.
The Convention was organized by "Parliamentarians for Global Action" and
the ISISC (Istituto Superiore Internazionale di Scienze Criminali), amongst
others, and was chaired by Prof. Cherif Bassioni. The meeting was attended
by many jurists and parliamentarians from all over the world.
"In cases of aggression, and also against organized crime on an
international scale, for example: drug-trafficking, children sold into
slavery, sexual abuse of women and children, and terrorism, an
international Criminal Court could act as a deterrent or, at least, provide
an instrument for inflicting punishment on those people who seem to fear
nothing or no one." This was just one of the proposals made at the
Syracuse Convention which Rmma Bonino, who was then President of the
Radical Party, asked Giuliano Amato, the Italian Prime Minister at that
time, to co-promote.
22 January 1993: The Italian Committee. Following pressure from the
European Federalist Group and the Radical Party, the Italian Government
appointed a Commission of Inquiry "composed of important magistrates and
experts charged with formulating within thirty days," as the communique'
issued by Palazzo Chigi stated - "an Italian Government proposal for
presentation to the appropriate international bodies, regarding the
creation of an International Court to judge crimes against humanity in the
territory of the Ex-Yugoslavia."
17 February 1993: The Italian proposal. On the basis of the findings of
the Commission, which was chaired by the present Italian Justice Minister
Giovanni Conso, and whose members included Prof. Antonio Papisca, Professor
of International Law at the University of Padua, the Italian Government
presented a proposal to the UN: an actual draft statute for an
International Court authorized to judge crimes against humanity committed
in the Former Yugoslavia. France and Sweden also presented similar
proposals.
22 February 1993: Resolution no. 808. The UN Security Council, with
Resolution no. 808, decided on the "constitution of an International Court
to judge those responsible for the grave violations of international human
rights laws that have been committed in the territory of the Former
Yugoslavia since 1991." UN Secretary General Boutros Boutros-Ghali was
given two months to formulate a proposal for the actual setting up of the
body.
3 May 1993: Boutros-Ghali presented a report to the Security Council,
which was incorporated into Resolution no. 827 of 25 May 1993.
Two important conditions put forward in the Italian proposal were included,
namely: the death penalty will not be inflicted under any circumstances;
no one will be tried in their absence.
The location of the Court will be decided at The Hague. The Court will
comprise eleven judges, appointed by the UN General Assembly from 20-30
possible candidates presented by the U.N. Secretary General. The General
Prosecutor will be appointed by the Secretary General.
(more)
