Subject: Urgent action on US proposal
Dear colleagues,
Below is a copy of a letter we sent out this morning to all foreign
ministries regarding the U.S. proposal on Article 98 currently being
discussed at the UN Preparatory Commission. We urge you to send similar
letters from your organization to foreign ministries today. I have also
attached a letter we sent last week.
The proposed rule (which I circulated to you by email at the beginning of
the Prepcom-it's also on the CICC website) was discussed by the Working
Group on RPE on Friday afternoon. At that session, the European Union made
a common though relatively weak statement opposing the rule. Several other
governments, including Norway, Switzerland, South Africa, Angola, Australia
(for Australia, Canada and New Zealand), Chile, Argentina, Cuba,
Liechtenstein, Trinidad & Tobago, Namibia, and Swaziland said the rule as
written is not consistent with the Statute. Israel, and Turkey said that
the rule is consistent with the Statute; Japan and Russia implied they felt
there were some problems with the rule but that these could be worked out
in informals. The U.S. conceded that the addition of the words 'acceptance
of persons into custody' could be removed. The coordinator referred the
issue of delegates' concerns about the 'open-endedness of the agreements
referred to' to informals.
Informals are now underway and it is our feeling that governments may be
considering accepting one of several alternatives which may be equally
devastating. We will attempt to keep you posted this week as the
negotiations progress and urge you to do what you can today to have an
impact on this critical issue which has the ability to undermine the
fairness, effectiveness and independence of the Court.
All the best,
Jayne Stoyles
June 26, 2000
Minister of Foreign Affairs
Dear Foreign Minister:
As we enter the last four days of negotiations on the Rules of Procedure
and Evidence and Elements of Crimes at the United Nations Preparatory
Commission on the International Criminal Court (ICC), the NGO Coalition for
an ICC urgently requests that you consider our serious concerns about the
status of the negotiations. Extreme pressure is being placed on
delegations by those governments attempting to achieve exemptions from
prosecution or to otherwise weaken the Statute adopted in Rome in July
1998. The negotiations on the chapeau for crimes against humanity and the
proposed rule to Article 98(2) are of particular concern to us.
The language of the chapeau for crimes against humanity must be consistent
with the Statute and not impose additional jurisdictional thresholds. It
is crucial that the elements include crimes which are encouraged or
facilitated by a state or organization through a failure to act, as well as
through action. Members of the Coalition are deeply concerned that the
proposals currently under discussion do not meet these basic criteria. We
urge you to insist upon a reformulation that does meet these criteria, or
to leave to the Court the determination of the meaning of 'policy' under
the Statute.
Regarding the rule to Article 98(2) proposed by the United States
delegation, you will recall that the Coalition wrote to you in early May
and again last week to express our many concerns. Among these are the fact
that the proposed rule amounts to an amendment of the Statute by empowering
the ICC itself to enter into agreements related to the surrender of persons
to the Court; this was clearly not the intention of Article 98(2). Intense
informal negotiations are now underway at the Preparatory Commission to
find alternative language. It is vital for the future effectiveness of the
ICC that your delegation be instructed to reject firmly any "creative"
ambiguity for an alternative rule which would be tantamount to allowing a
de facto amendment of the treaty and which would open the door to future
negotiations aimed at limiting the Court's jurisdiction.
Governments have now been working for five years towards the establishment
of a fair, effective and independent International Criminal Court and voted
overwhelmingly in favor of the Rome Statute in July 1998 by a vote of 120
to 7. We urge you not to undermine these efforts and ultimately the
ability of the international community to prevent and to punish the
perpetrators of genocide, crimes against humanity and war crimes through
compromises on key issues at this stage.
Sincerely,
William R. Pace
Convenor
Jayne Stoyles
Program Director
NGO Coalition for an International Criminal Court
777 U.N. Plaza 12th Floor
New York, NY 10017
U.S.A.
Phone 212 687 2176 Fax 212 599 1332
Email cicc1@iccnow.org
Web http://www.iccnow.org
