ICC RATIFICATION 2000 - Issue no. 3, 22 November 1999
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Newsletter for parliamentarians and citizens on the campaign for the ratification by the year 2000 of the Statute of the International Criminal Court
Published by the Transnational Radical Party and by No Peace Without Justice, in French, English, Italian and Spanish.
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- Chief Editor: Olivier Dupuis - Parlement europ en - Rue Wiertz 60 - 1047 Brussels (B)
- Editorial staff: Marco Perduca, Paolo Atzori, Mariacarmen Colitti
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In this issue:
-> NEWS FROM THE UN:
-> THE GENERAL ASSEMBLY
-> THE 6TH COMMITTEE
-> UPDATES FROM FOREIGN MINISTRIES
-> NEW SIGNATORIES
-> PARLIAMENTARY MOTION ON THE ICC
Dear Colleagues,
These have been critical days for international issues: a military coup in Pakistan, the assassination of the Speaker of the House in Armenia, more violence in Africa and a new UN Mission to East Timor. Never before has the international community had the effective possibility to face international crisis with a supranational institution, the International Criminal Court. It is our firm conviction that the ICC needs to be put in place as soon as possible. In this issue, we are pleased to continue to present some of the most powerful statements issued by various Ministers before the UNGA, but also the positions of some of the Member States at the 6th Committee during the debate on the Court. Last but not least, we are pleased to present a Parliamentary motion for the ratification of the Rome Treaty to establish the Permanent Court. We ask you to look into it and let us know your comments and suggestions, if you have any, or to modify it according to your national situation and present it before your Assembly,
letting us know your colleagues' reaction to the text and the results of any vote. Looking forward to hearing from you, we wish you good work.
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>>> EXCERPTS FROM STATEMENTS MADE BY MINISTERS AT THE OPENING SESSION OF THE 54TH UNGA:
MOLDOVA supported the Secretary-General's emphasis on strengthening international legal order, and plans to ratify the Rome Statute of the International Criminal Court early next year.
ITALY's Minister Lamberto DINI stated that: "the Western world and the Euro-Atlantic institutions are no threat to anyone's integrity, prosperity and freedom. We must create a full-fledged corpus of case law on universal human rights. We must work out rules and procedures that will justify the erosion of sovereignty in the name of global responsibility. This is why every country must make it a priority to ratify [...] in particular [the Statute] of the ICC, which was instituted in Rome in June of last year.
These instruments should be reflected in our national legislation and practice.
Mr. Janez DRNOVSEK, Prime Minister of SLOVENIA said that: "Those who have committed war crimes must be brought to justice. Failure to do so could invite new and even more serious cycles of human tragedy.
Slovenia places major importance on more effective and efficient means of delivering international justice. Slovenia supports the 2 existing UN International Criminal Tribunals, as well as the ongoing process to create the ICC."
Mr. Alfred MUBANDA, Minister of State for Foreign Affairs of UGANDA, stated: "The violence in the Great Lakes region has made the creation of the ICC a matter of profound relevance. The ramifications of the Rwanda genocide has continued and the region has remained a potential "hotbed of volcanic proportions" for new and wider waves of similar violations of human rights. [...] Once the ICC comes into force, it holds humanity's best hope for a new world legal order under which nobody, no matter how high or low, can engage in horrendous crimes with impunity."
Mr. R. AMARJARGAL, Prime Minister of MONGOLIA, emphasised that: "The continued gross violations of human rights make it imperative to speed up the establishment of the ICC. Mongolia highly appreciates and fully supports the effort of the international community in this respect."
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>>> NEWS FROM THE UN 6TH COMMITTEE
From October 20 to 22, the 6th Committee of the UN General Assembly discussed the issue of the ICC. Some 40 countries took the floor to present the positions of their governments on the issue. At the debate there was a consensus on the quality of the work of the Preparatory Commission chaired by Canadian Ambassador Philippe Kirsch, and overwhelming support for the prompt entry into force of the Rome Treaty. Moreover, many delegations endorsed the idea of setting the symbolic date of 2000 for the creation of the Court. Some concerns were raised by Israel and the U.S.A.. For a more detailed report of the 6th Committee, check the "ICC" sector at www.radicalparty.org.
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>>> UPDATES FROM FOREIGN MINISTRIES
Brazil: the ICC Rome Treaty is currently under study at the Ministry. In early October, in Brasilia, a conference of experts addressed the issue, also devoting part of the debate to implementing legislation. Lithuania: according to the Action Program of the Government for the period 1999-2000, the Republic of Lithuania should ratify it in the fourth quarter of the year 2000.
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>>> NEW SIGNATORIES
Chad signed the Rome Statute of the ICC on October 20. We have now reached 89 States.
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>>> DRAFT PARLIAMENTARY MOTION FOR THE RATIFICATION OF THE ROME TREATY TO ESTABLISH THE PERMANENT INTERNATIONAL CRIMINAL COURT
- considering that, on 17 July 1998 the Statute of the Permanent International Criminal Court (ICC) to judge war crimes, genocide and crimes against humanity, was adopted in Rome by 120 votes to 7, with 19 abstentions;
- considering that, this decision is of historical significance because, for the first time, a Court with international jurisdiction can judge the people responsible for the above crimes independently, also in the absence of a specific political mandate from the UN Security Council and without confining itself to the "justice of the victors";
- considering that the new Court will be presided over by an independent Prosecutor and will also be able to judge crimes committed during internal conflicts and that, although operating in a way that is complementary to national jurisdictions, will have the authority to decide, in controversial cases, the respective spheres of competence;
- congratulating the 89 states that have signed the ICC Rome Statute and the four that have already ratified it, Senegal, Trinidad and Tobago, San Marino and Italy;
- considering that a Preparatory Commission has been mandated by the Rome Conference to finalise the Rules of Procedure and Evidence and the Elements of Crimes by June 2000;
- considering that for the Court to begin functioning, at least 60 countries must deposit the instruments of ratification at the United Nations;
We the undersigned parliamentarians engage the Government
a) (for the countries that have not yet signed the Rome Treaty only) to sign the ICC Rome Statute, accepting from the outset its jurisdiction on all the crimes considered therein;
b) to swiftly ensure that Parliament (or the relevant constitutional organs) is (are) in a position to vote on the ratification of the ICC Rome Statute so that the Court can begin its work by 31 December 2000;
c) to take action in all the appropriate seats to speed up the execution of the required procedures by the Preparatory Commission, and to persuade those States that have not yet approved the Statute of the Court to accept its obligatory jurisdiction;
d) to make voluntary contributions to the trust funds established by the UN General Assembly whose mandate comprise the costs of participation in the work of the Preparatory Commission of the least developed countries and of those developing countries not covered in UNGA resolutions.
e) to include a parliamentary representation in its delegation to the Preparatory Commission, which will meet in New York to finalise the annexes to the Court's Statute.
