Text proposed by the Transnational Radical Party

and signed by more than 20 NGOs from the Coalition for

an International Criminal Court (CICC)

Ambassadors

UN Missions

Dear Ambassadors,

From 3 to 13 April, delegates to the Ad Hoc Committee created by General Assembly resolution 49L.24 will convene at the United Nations Secretariat to consider action on the establishment of an International Criminal Court (ICC). Pursuant to our longstanding interest in this initiative, we as representatives of non-governmental organisations (NGOs), should like to register our views prior to the opening season of the Committee.

Delegates to the Committee will have before them the Revised Draft Statute prepared by the International Law Commission, and submissions by Member States commenting on the document. The principal task of the Ad Hoc Committee will be to review the substantive issues arising out of the Statute and make recommendations to the 50th General Assembly.

The outcome of the Committee's discussions will determine, in large measure, whether or not the proposed court proceeds to the next negotioating phase, a plenipotentiary conference to adopt the Statute. As such, there is a great deal at stake for those of us who have worked to bring the initiate to the critical point.

Recent developments suggest that it is a propitious time for the International Criminal Court. Of the 69 member States which put forth a position at the 49th General Assembly, 46 expressed support for holding a conference to draft a convention. The inclusion in the Ad Hoc Committee's mandate of a directive to consider such a conference marked an important victory for countries aiming to preserve the emerging consensus on an ICC. Moreover, at no other time has there been a wider commitment to democratic openness and non-violent politics, a climate much more favourable to negotiating the Court.

With this historic opportunity for international agreement so close at hand, the political landscape becomes crucial. Opposition to a permanent court is still very much in evidence, primarily on issues connected to extradition agreements, incursions on sovereignty, and treatment of aggression as a crime. While these issues may in fact constitute legitimate national security concerns, they cannot be sufficient to undermine interest among emerging democracies in the multilateral application of international criminal sanctions. On the contrary, it is in the collective security interests of all States to recognize the long-term deterrent effect of a permanent Court on the commission of transnational crimes.

It is, therefore, important to allay fears which underlie domestic concerns, and elicit support for the broader view of the proposed Court as a modest and flexible institution which would complement national justice systems. The attention of Governments must be drawn to the utility of a permanent Court in cases where parties to an international criminal dispute cannot agree on the appropriate national forum for trial; or in cases where the criminal justice system of a small state is overwhelmed by the magnitude of a particular offense.

The ad hoc approach employed by the UN Security Council in the former Yugoslavia and Rwanda is not a satisfactory solution to the problem of enforcing international law. Although the ad hoc Tribunals represent an important step toward punishing grave violation of humanitarian law, they have been established through a process influenced by political rather than judicial considerations. In effect, this weakens efforts to advance the rule of international law, in contrast to geopolitics, as a principal means of democratic conflict resolution.

And finally, as the community of democratic nations grows, so too must the confidence people place in law enforcement and the judicial process, two vital pillars of democracy.

With this in mind, we as a coalition of NGOs supporting the creation of a permanent court, challenge States to seize this opportunity, and bring a constructive approach to the Ad Hoc Committee session in April. Delegates must be prevailed upon to ensure that the goal of a resolution calling for a plenipotentiary conference will be realized during the 50th General Assembly. Indeed, it is time that we reflect on the compact made by the community of nations 50 years ago-that all are accountable to international law-and move decisively toward affirming it.

Yours sincerely,