2 giugno 1995
di Antonio Stango
ABSTRACT: Important document, even if "temporary", about the organization of an International Conference to be held next September about the settlement of a UN International Penal Court. Along with possible topics and speakers, there are further notes and info about the conference and the Court itself.
The present test is the first preparatory material - after a reunion in which took part Giandonato Caggiano, Danilo Quinto and me - for a draft agenda of the International Conference that the committee "No Peace Without Justice" is to organize next September, probably in Brussels. We did'nt add yet among the possible speakers any member of the Radical Party or of the committee itself, nor any MP.
I would much appreciate any suggestion and comment.
Toward the Establishing
of a Permanent International Criminal Court
- Security Council and Jurisdiction of the Permanent International Criminal Court.
- Problems of Enforcement: Legal Assistance, Surrender of Persons, Transfer and Enforcement of Sentences.
- International Criminal Justice and Impunity.
- International Investigating War Crimes Commissions (1912-1994).
- "Opting In / Opting Out" approach.
- Matters of the Jurisdiction of the PICC: Genocide, Aggression, Serious Violation of Rules Applicable in Armed Conflicts, Crimes Against Humanity, Apartheid, Torture, Hostage Taking, Seizure of Aircrafts, Illicit Drugs Traffic, Terrorism.
RAPPORTEURS AND INTERVENTORS
Mariano Aguirre, CIP, Madrid, Spain
Daniela Archibugi, CNR/ISRDS, Rome, Italy
Cherif Bassiouni, De Paul University, Chicago, USA
Luigi Bonanate, University of Turin, Italy
James Crawford, Jesus College, Cambridge, Great Britain
David Held, Open University, Milton Kaines, Great Britain
Richard Falk, Princeton University, USA
Luigi Ferrajoli, University of Camerino, Italy
Nils Petter Gleditsch, IPRI, Oslo, Norway
Pierre Hassner, CERI, Paris, France
Mary Kaldor, European Institute, Sussex, Great Britain
Hans Kochler, Universitat Innsbruck, Austria
David Krieger, President, Nuclear Age Peace Foundation
Ekkehart Krippendorff, Freie Universitat, Berlin, Germany
Stephan Leibfried, Universitat Bremen, Germany
Andrew Linklater, Keele University, Great Britain
Alberto Piris, CIP, Madrid, Spain
Ulrich Preuss, Universitat Bremen, Germany
Gwyn Prins, University of Cambridge, Great Britain
François Rigaux, Universitè Catholique, Brussels, Belgium
An international criminal court is totally different from other international tribunals which were set up to adjudicate upon matters - such as disputes between two States - upon which no State court could extend its jurisdiction. Far from broadening the scope of the rule of law and of judicial adjudication, internationalizing a sector of criminal justice will necessarily encroach upon the correlative State jurisdiction, according to the rule "non bis in idem". That explains why the States have to agree to relinquishing such a sensitive part of their power and, it can be added, doubly sensitive since it concerns criminal justice in the heavily loaded realm of international relationships. The second consequence is that whatever international criminal court is unprovided with any coercive power but for the cooperation of States and, what is more disheartening, of the very State on which territory the gravest violations of human rights have been committed.
The International Criminal Tribunal for the former Yugoslavia and the similar tribunal whose task is the repression of the violations of the humanitarian law committed in Rwanda stand out on an entirely different footing. They were set up through a resolution of the Security Council under Chapter VII of the Charter, the competence of the Council deriving from its specific role for the maintenance of peace.
The second observation tackles a topic already dealt with: the effectiveness of the Tribunal and even any launching of its judicial activity will depend on the cooperation of States apt to extradite the accused, most of whom are residing on the territory of States whose rulers were associate in these crimes.