Design by Deborah H. Cotton - Georgia, USA Email: dc10@bellsouth.net

presents

The International Criminal Court

Coalition for the International Criminal Court

NGO Coalition for the International Criminal Court

Formed February 10, 1995.

Includes over 1000 NGO’s from around the world.

Promotes universal acceptance and ratification of the Rome Statute.

http://www.iccnow.org/

From Nuremberg to Rome

Aggressive War, War Crimes, Crimes against Peace

Crimes against Humanity Poster Courtesy of AI (2000).

The Need for the International Criminal Court

Photo Courtesy of Mandy JacobsonInternews.org for Rwanda.

Photos Courtesy of Associated Press Online-Kosovo

The ICC: A History in Brief

• International Law Commission (ILC)

• Ad hoc Tribunals

• PrepCom

ISC-ICC and UN Public Info (2001)

The International Criminal Court

Benjamin B. FerenczNuremberg Prosecutor

Meeting of 160 countries to adopt the Rome Treaty, 17 July 1998.

Photo Courtesy of Benjamin Ferencz

• deter future war criminals

• promote universal justice

• end impunity

• help end conflicts

• remedy deficiencies of ad hoc tribunals

• complement national judicial systems

Photos Courtesy of AP-KosovoUnited Nations-public info.

Why the ICC is Important

Current Recourse

Sanctions

embargoes

collective military force

ad hoc tribunals

ISC-ICC, United Nations Public Info

ICTY and ICTR (ad hoc tribunals)

1995 Resolution 955 Arusha, Tanzania

1993 Resolution 827 The Hague

War Crimes

Rape Genocide

Crimes againstHumanity

http://www.un.org/icty/glance.htm http://www.ictr.org/

• Selective justice

• Funding

• Slow pace of arrest and prosecutions

• Management and administrative difficulties• Inmate population• Time/place restrictions

• Surrender and/or arrest of suspects

Problems of Ad hoc Tribunals

HRW-ICC Public Info-ISC-ICC

Article 5Crimes within the jurisdiction of the ICC

genocide crimes against humanity war crimes the crime of aggression.

http://www.un.org/law/icc/index.html

Article 13Exercise of jurisdiction

S ecurity C ounc i l Prosecutor

S ta te Party

• State Party to the Statute• UN Security Council under Chapter VII (UN Charter)• Prosecutor with approval of Pre-Trial Chamber

http://www.un.org/law/icc/statute/romefra.htm

Jurisdiction Facts

Rome Statute-Article 17, 18, 19

• The ICC will complement national jurisdiction

• The ICC will not have independent enforcement powers

• The ICC will not be “retroactive”

Judicial Appointment

Rome Statute-Article 36.

Selection Criteria:

• Gender / Geographical representation • Elected by a 2/3 majority of State’s Party• Reputation for fairness and competency• Competent in relevant areas of law

Misguided Fears of the ICCPart I (Political)

(ICC-Setting the Record Straight).

• Sovereignty / international authority

• Humanitarian intervention would be hampered

• U.S. military should be exempt

Misguided Fears of the ICCPart II (Constitutional / Legal)

• Due Process / absence of defendant’s rights (principles of justice are universal)

• Malicious / false prosecution

• Ex-post facto prosecutions

(ICC-Setting the Record Straight).

The Rome Statute entered into force on 1 July 2002.

http://www.un.org/law/icc/statute/romefra.htm

Article 11:

(1) The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

(2) If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Regional Perspectives

This slide to be used per speaking engagement

Acceptance of the ICC: Current Status

The necessary 60 ratifications have

been achieved with the simultaneous

ratification of ten countries that were

deposited at the UN on April 11, 2002.

This brings to date over 75+ ratifications.

Status and updates: http://www.ciccnow.org/

Kingdom of Cambodia April 2, 2002

Photo courtesy: UN legal Affairs

Current Ratifications Status

http://www.iccnow.org/html/countryindex.html

The Coalition for the International Criminal Court had declared a campaign goal of achieving 60 ratifications (number needed for the entry into force of the Statute) by the 4th anniversary of the adoption of the Rome Statute - July 17, 2002. The unexpectedly rapid pace of ratifications has surpassed this goal: As of July 30, 2002, the Rome Statute had 76 States Parties and 139 Signatories, representing every region of the world and every legal system.

The Coalition for the International Criminal Court is continuing to work towards universal ratification of the Rome Statute, and seeks to ensure strong implementing legislation is in place in countries that ratify the Rome Statute.

Key Upcoming Issues

• Election of Judges • Assembly of State Parties Meeting

• First Year Budget

• Practical Issues

http://www.ciccnow.org/

QUESTIONS

Will all of the Constitutional protections enjoyed by American citizensbe protected by the ICC?

Will the ICC really have much purpose, since there have only been threeinternational tribunals in 50 years?

What prevents the ICC from extending its jurisdiction and becoming ajudiciary arm of a world government?