Kofi Annan

Secretary General of the United Nations

United Nations

Geneva

Switzerland

Dear Mr. Annan,

We, nongovernmental organizations of the Russian Federation, write to you today on the issue of the establishment of the International Criminal Court (ICC).

Our organizations express their deepest satisfaction with the fact that the General Assembly of the UN supports the idea of the establishment of this highly important international body of justice. The establishment of the ICC will enable the international community to enforce respect for, and observance of international law by individuals.

As you certainly know, the UN General Assembly decided to hold a Diplomatic Conference in June-July of 1998 on the establishment of the ICC. In December 1997, the Preparatory Committee delegated the definition of "war crimes" to the so called informal committee. The unclear status of this preparatory committee may cause nongovernmental organizations (NGO) to be excluded from the discussions on this important issue related to the ICC's functioning, as well as from participation in the Diplomatic Conference. This situation is reason for our grave concern.

We are also deeply concerned about the position of certain states, especially permanent members of the Security Council, which could lead to subordination of the ICC to the Security Council, undermining the independence of, and the trust in, the court.

Nongovernmental organizations have taken an active part in the campaign for the establishment of the ICC. It was in part because of the pressure from the public that the General Assembly establish the ICC Preparatory Committee in December 1995. NGOs have been active at all stages of the Preparatory Committee's work, raising issues which governments failed to raise, in particular, issues of the safety of victims and witnesses, gender related issues, and others.

Considering the above, we appeal to you:

1. To support the necessity of NGO participation at all levels of discussions on the ICC's establishment, and to make all efforts to ensure that the Diplomatic Conference is open to the public.

2. To promote and defend at the Diplomatic Conference the following important provisions supported by Russian NGO, first of all human rights groups:

- crimes committed during internal military conflicts which have been prevalent in the last few decades must be placed under the International Criminal Court's jurisdiction; it will promote the effectiveness of, and trust in, the ICC. In other words, we strongly object against limiting the

number of crimes under the ICC jurisdiction;

- the mechanism of prosecution by the ICC must be extended so that the prosecutor can initiate the investigation on the basis of information he or she possesses, as well as information obtained from any other source, including individuals, mass media, NGOs. Information provided by victims and NGO will assist in bringing criminals to justice;

- the ICC statute should not undermine the independence of, and trust in, the Court by allowing permanent members of the Security Council to use their right of veto in order to protect potential defendants when their countries' interests are affected;

- the ICC statute must contain fundamental principles of due procedure related to the arrest and pre-trial detention of the defendants, the prosecution of cases by the court, the use of evidence, and the protection of victims and witnesses.

- the ICC Statute should contain provisions about the rights and protection of children, especially on the recruitment of children in the military service, the age of criminal liability, as well as the punishment and imprisonment of children.

A similar letter has been sent to Mr Primakov, Minister of Foreign Affairs of the Russian Federation, Mr. Yumashev, Head of the Presidential Administration of the Russian Federation and to the ICC Preparatory Committee, as well as to a number of international organizations which took an active part in the campaign for the establishment of the International Criminal Court.

Our organizations are grateful to you, Mr Secretary General, for your attention to this request, your respect for our shared opinion, and your support at the Diplomatic Conference. We would further be grateful to be informed of your opinion on the issues raised above.

Moscow, April 7, 1998

Members of Joint Action Human Rights Initiative Group:

- V.Abramkin, Public Center in Support of Criminal Justice Reform

- L.Alexeyeva, Moscow Helsinki Group

- B.Altshuler, Moscow Research Center on Human Rights

- M. Arutyunov, International Human Rights Assembly

- V. Bakhmin, Member of Joint Action Initiative Group

- L. Bogoraz, Human Rights Activist

- E. Bonner, Peace, Progress and Human Rights Museum and Public Center named after A. Sakharov

- Yu. Samodurov, Peace, Progress and Human Rights Museum and Public Center named after A. Sakharov

- V. Borschev, Deputy of the RF State Duma Federal Assembly, Chairman of the Public Chamber on Human Rights with the Political Advisory Council of the President of Russia

- S. Gannushkina, Civic Assistance Committee

- V. Gefter, Institute of Human Rights

- S. Grigoryants, Glasnost Public Fund

- V. Oivin, Glasnost Public Fund

- P. Kaznacheyev, Anti-fascist Youth Action - Russian Public Movement

- T. Kasatkina, Memorial Society Human Rights Center

- O. Orlov, Memorial Society Human Rights Center,

- M. Kirbasova, Committee of Soldiers' Mothers

- R. Maksudov, Judicial Reform Public Center

- V. Malikova, Member of Joint Action Initiative Group

- A. Manov, Moscow Collegium of Lawyers

- K. Moskalenko, Center in Support of International Protection

- M. Polyakova, Independent Legal Expert Board

- L. Ponomaryov, Russian Human Rights Movement

- M. Salye, Free Democratic Party of Russia

- A. Simonov, Foundation in Support of Glasnost

- V.Sokirko, Society in Support of Convicted Managers and Economic Freedoms

- S.Sorokin, Movement against Violence

- G. Yakunin, Public Committee for Freedom of Consciousness

THE APPEAL WAS SUPPORTED BY:

* Memorial - Russian Historical, Educational, Human Rights and Charitable Society

Co-chairman of the Society, Deputy of the RF State Duma Federal Assembly

(S.Kovalyov)

* Democratic Russia Movement

Co-chairwoman of the Movement, member of the Moscow Helsinki Group, Deputy of the Federal Assembly of the State Duma of the Russian Federation

(G.Starovoitova)

* Yabloko Movement

Deputy of the Federal Assembly of the State Duma of the Russian Federation

(G. Yavlinsky)

* Deputy of the Federal Assembly of the State Duma of the Russian Federation

(Yu. Rybakov)

* Deputy of the Federal Assembly of the State Duma of the Russian Federation

(V. Sheynis)

* Deputy of the Federal Assembly of the State Duma of the Russian Federation

(S. Yushenkov)

* Political Movement "Democratic Choice of Russia"

Chairman

(Ye. Gaidar)

* Human Rights Watch Moscow Office

Director

(D.Lohman)

* Women for Life Without Wars and Violence - International Permanent Conference, Union "Women of the Don"

Chairperson

(V.Cherevatenko)

* Honorable Lawyer of the RF, Judge of the Moscow City Court

(S.Pashin)

* Rector of the Institute of International Law

(I.Blischenko)

* Russian Section of the International League of Women for Peace and Freedom - Equality and Peace Association

Chair of the Executive Committee

(N.Berezhnaya)

* International Public Information-Educational Movement "Good without Borders"

Deputy Chair of the Central Council

(S. Bocharova)

* Our European Future Regional Public Organization

Responsible Secretary

(N.Mikhaylova)

* St.Petersburg League of Women Voters

Chair of the League

(T.Dorutina)

* Association "Conversion and Women"

Vice President

(G.Skorokhodova)