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Conferenza Transnational
Agora' Internet - 16 gennaio 1995
from TRANSNATIONAL - Satyagraha - No 9

From: Transnat.List@agora.stm.it

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Subject: from TRANSNATIONAL - Satyagraha - No 9

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THE STARTING POINT FOR THE FOUNDING OF THE INTERNATIONAL CRIMINAL COURT

After this initiative (by the Radical Party) became widely known around the

world, an International tribunal for crimes has recently been instituted in

the former Yugoslavia. Moreover, the UN 49th General Assembly has made a

very important step toward the founding of a permanent Criminal Court, an

essential fragment for the affirmation of transnational law and

jurisdiction.

The A/C.6/49/L.24 resolution, approved with "consensus" by the 6th UN

Commission and ratified by the UN 49th General Assembly, has decided for

the creation of an "ad hoc" Committee (open to all UN member countries and

related agencies) to closely examine any problem resulting from the statute

by the I.L.C. (International Law Commission).

The "ad hoc" Committee meetings are scheduled for April 3-13 and August

14-25 this year, while its report will be presented at the UN 50th session.

The resolution invites all UN member countries to submit their written

opinions about the I.L.C. statute to the UN General Secretary by March 15.

On the other hand, the General Secretary will present to the "ad hoc"

Committee a previous report including a temporary estimate of staff,

structure and budget needed to set up and make operative the International

permanent Criminal Court.

The resolution contains the inclusion in the provisional agenda of the 50th

General Assembly of the topic "The founding of an International Criminal

Court", including the report by the "ad hoc" Committee and the various

countries' opinions. The 50th General Assembly should also take a decision

about scheduling an International Conference of the plenipotentiaries, in

order to decide regarding the actual founding of the International Criminal

Court (time and length of this Conference should also be defined).

Finally, the resolution expresses great appreciation for the availability

of the Italian Cabinet to hold such Conference in Italy.

After decades of discussions, the UN have finally set the premises for the

creation of an institution with universal jurisdiction for violations such

as genocide, crimes against humanity, war crimes, aggression. This

political success is to be allotted on one side to the commitment of the

Italian cabinet - represented by Emma Bonino, secretary of the Radical

Party, at the debate of the 6th Commission - and on the other to the

initiative of the transparty and transnational Radical Party. An initiative

firmly pursued for two years in many countries, with International appeals

signed by thousands of people, including members of parliaments,

personalities of the science, art and culture scene and by several Nobel

Prize recipients. An initiative made possible by economic and solid

contributions of thousands of citizens in such countries as Italy, Eastern,

Central and Western Europe, Latin and North America and some parts of

Africa as well.

It will need a similar mobilization, and if possible an even bigger, to

salute the 1995 as the year of the UN final decision about the creation of

the International Criminal Court.

Every citizen and member of National parliaments, every individual has now

the possibility to give strength (also economically) to the political

subject that, despite its scarcity of resources, was able to transmit, at

the UN level, the common feeling of those huge minorities in the world

asking for the setting of a justice really able to establish relationship

between the individuals and the population.

 
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