Subject: From TRANSNATIONAL - Satyagraha - 23 May 1994 - No. 2
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Fortnightly Newsletter of the Radical Party
RADICAL PARTY MEETS THE INTERNATIONAL LAW COMMISSION
Geneva, 16 May 1994
Secretary of the Radical Party Emma Bonino, accompanied by Filippo di
Robilant, Treasurer of the "There's no Peace without Justice" Committee,
and by Ken Graham, General Secretary of "Parliamentarians for Global
Action", met a number of influential jurists belonging to the ILC, the
subsidiary organ of the UN Assembly charged with drafting the Statute of
the permanent International Tribunal. The purpose of the meeting was, on
the one hand, to review the situation regarding the work being carried out
by the Commission and, on the other hand, to communicate the Radical
Party's position with respect to the swift approval of the Statute and the
provisions contained therein.
While the ILC is perfectly able to terminate the Statute from a strictly
"technical" aspect before the end of the present Session (2 May - 22 July
1994), the work of the Commission is subject to numerous "political"
problems.
The main difficulty that has to be overcome is the various categories of
crimes that are to fall within the competence of the Tribunal. The proposal
of the Radical Party and the PGA is to include genocide and war crimes in
an hypothetical "List A" in order that the Tribunal can become operative as
soon as possible, with the intention of later extending the list to include
other crimes that will, for the moment, be featured in "List B." In this
sense, it was emphasized that, in the face of the tragedies presently being
enacted and the legitimate hopes of public opinion, it is of vital
importance to give the world a concrete sign as soon as possible. Some
members of the Commission seemed inclined to include other categories in
"List A", such as aggression and drug-trafficking, which would mean that
the Statute would probably take longer to approve. There are also other
questions to be answered, such as: should the Tribunal be an organ of the
United Nations (like the International Court of Justice) or an independent
organ? Should States have to accept the jurisdiction of the Tribunal for
certain crimes simply because they have adhered to the Statute or will it
be necessary every so often to make provision for additional declarations?
Should trials by default be authorized? Should the Public Prosecutor be
permitted to appeal, a right that has already been granted to the accused?
The death penalty, however, has already been excluded.
The truth of the matter is that the situation, above all regarding the time
it will take to approve the Statute, is still very unclear, and is summed
up by Robert Rosenstock (US member of the ILC): "It is possible, but not
probable, that the Statute will be adopted before the end of this Session."
To all members of the International Law Commission
Nations Unies
Room 10-06
Palais des Nations
814, Avenue de la Paix
1211 Gene've 10
Switzerland
FAX++41-22-9170334
For the attention of Secretary-General Mlle. Jacqueline Dauchy
The ILC's approval of the Statute of the permanent International Tribunal,
during its present Session (May-July) is of the utmost necessity and
urgency. The UN General Assembly must absolutely be in a position to
proceed, during its 49th Session (September-December), with the institution
of the Permanent Court, not only to create new and binding international
law but also to act as a deterrent with regard to the tragic armed
conflicts that afflict the world, and are forever on the increase.
It is therefore our hope that the ILC will approve, before 22 July 1994, a
Statute granting the Court jurisdiction on war crimes and acts of genocide,
with the possibility of subsequently extending the categories of
prosecutable crimes. In this sense, we are asking the ILC to submit to the
General Assembly a draft statute, with the necessary alternative texts,
before the end of the present Session.
Yours sincerely,
