Subject: From TRANSNATIONAL - Satyagraha - 9 May 1994 - No. 1
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X-Comment: The Transnational Radical Party List
Fortnightly Newsletter of the Radical Party
THE PERMANENT INTERNATIONAL TRIBUNAL
A Tribunal to prosecute and judge war crimes; acts constituting a threat to
security and peace; genocide; all crimes against humanity; organized crime
at an international level; drug-trafficking; international trafficking of
children, and all other transnational criminal activities. A Tribunal such
as this is necessary to create a society - international - founded on just
laws and not the law of the strongest, of ethnic minorities, or
bloodthirsty governments. If you take action to have parliaments pass the
motion published on the following page, it could very well mean that the UN
General Assembly will approve, during the 1994 session, the Statute of the
International Tribunal, which will be discussed and drafted by the
International Law Commission from 2 May to 20 July in Geneva.
PARLIAMENTARY MOTION ON THE PERMANENT INTERNATIONAL TRIBUNAL
The... Parliament considering
- that it is necessary to set up the first centre of international justice
to prosecute individuals guilty of cruel and intolerable crimes;
- that the members of the International Community are still incapable of
working together to deal with international crises;- that it is essential
for the members of said Community to show that they jointly respect human
dignity without conniving with or aiding and abetting the perpetrators of
heinous crimes;
- that it is necessary for absolute neutrality and objectivity to be
maintained in the practice of international justice, no matter where in the
world or in which States international crimes are committed;
- that Nuremberg was created by the victorious powers whereas the Tribunal
for crimes in the Former Yugoslavia was constituted by the Security Council
as a unique instrument of international justice;
- that it is not possible to conceive of sustainable development for future
generations in a world without justice;
- that the drawing up of a penal Code for crimes violating the peace and
security of humanity (draft of an International Penal Code) has been under
discussion for many years;
- that the General Assembly of 1993 assigned to the International Law
Commission the top priority task of drafting a Statute with the aim of
insituting an International Court during the General Assembly to be held
this year;
engages the Government
- to undertake all the appropriate institutional and diplomatic
initiatives, so that during its 49th Session the General Assembly will be
able to settle any political questions that are still open and to take a
decision to institute the International Tribunal.
What follows is the letter which accompanied the motion that Olivier
Dupuis, President of the General Council, sent to all parliamentarians who
belong to or sympathize with the Radical Party.
4 May 1994
Dear Representative and Friend,
The international Tribunal for crimes committed in the Former
Yugoslavia is now - finally - equipped with the necessary financial and
organizational instruments that will enable it to function and bring a
degree of justice - although minimal - to the issue of the Former
Yugoslavia, also thanks to the Radical Party campaign "Ther's no Peace
without Justice", and the commitment made by hundreds of parliamentarians
and thousands of citizens all over the world. We obviously have to remain
very much on the alert and, above all, we have to come up with new
initiatives to see that not only the actual perpetrators of the crimes
appear before this Court but also their "bosses", in other words, those
people who organized, or at least favoured, these illegal acts. But we have
to do more than this. Following the success of this revolutionary
initiative undertaken by the International Community in the name of of
justice and International Law, we deem it fitting - and also our duty - to
continue to ride on the crest of the wave and, where possible, to intensify
our actions so that a permanent International Court, that is, a new UN
institution capable of judging crimes wherever they may be committed, can
be instituted before the end of next year (1995). This initiative, which is
urgent in itself, must also be embarked on swiftly to take advantage of a
set of particularly favourable circumstances: in fact, the International
Law Commission, the legal advisory organ of the UN, charged with drafting
the Statute of the permanent Tribunal could complete its work during its
present session (May-July 1994). Following this the text will be proposed
to the Sixth Committee of the UN, which could approve it in the course of
its next session (October-December 1994). If this program is respected the
UN Secretary General could then give the go-ahead to set up the first
permanent institution of international justice next year, on occasion of
the celebrations to mark the 50th Anniversary of the birth of the United
Nations. But the entire program will be compromised if one of these
intermediate phases is not completed. In this case, not only will the
institution of the Tribunal be postponed but, in all probability, we will
not be blessed with such a favourable opportunity again. It is for all
these reasons that we must multiply, in the coming weeks and months, our
efforts and initiatives in support of the members of the International Law
Commission first, and the members of the Sixth Committee second. To this
end we have prepared a draft motion which, if it is presented in numerous
parliaments will not fail to significantly strengthen this initiative.I
hope that you will you will be able to participate in the initiative, and
involve as many of your colleagues as possible.
Yours sincerely,
Olivier Dupuis
(President of the General Council of the Radical Party)
