International Criminal Court

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Coalition for the International
Criminal Court
presents The International Criminal Court
Design by Deborah H. Cotton - Georgia, USA
Email dc10_at_bellsouth.net
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NGO Coalition for the International Criminal Court

• Formed February 10, 1995.
• Includes over 1000 NGOs from around the world.
• Promotes universal acceptance and ratification of
  the Rome Statute.

http//www.iccnow.org
/
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From Nuremberg to Rome
Aggressive War, War Crimes, Crimes against Peace
Crimes against Humanity
Poster Courtesy of AI (2000).
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The Need for the International Criminal Court

Photo Courtesy of Mandy Jacobson Internews.org
for Rwanda.
Photos Courtesy of Associated Press Online-Kosovo


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The ICC A History in Brief

• International Law Commission (ILC)
• Ad hoc Tribunals
• PrepCom

ISC-ICC and UN Public Info (2001)
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The International Criminal Court
Meeting of 160 countries to adopt the Rome
Treaty, 17 July 1998.
Benjamin B. Ferencz Nuremberg Prosecutor
Photo Courtesy of Benjamin Ferencz
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Why the ICC is Important

• 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-Kosovo United
Nations-public info.
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Current Recourse

• Sanctions
• embargoes
• collective military force
• ad hoc tribunals

ISC-ICC, United
Nations Public Info
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ICTY and ICTR (ad hoc tribunals)
War Crimes Rape Genocide Crimes
against Humanity
1993 Resolution 827 The Hague
1995 Resolution 955 Arusha, Tanzania
http//www.ictr.org/
http//www.un.org/icty/glance.htm
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Problems of Ad hoc Tribunals

• Selective justice
• Funding
• Slow pace of arrest and prosecutions
• Management and administrative difficulties
• Inmate population
• Time/place restrictions
• Surrender and/or arrest of suspects

HRW-ICC Public Info-ISC-ICC
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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
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Article 13Exercise of jurisdiction

• 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/romef
ra.htm
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Jurisdiction Facts

• The ICC will complement national jurisdiction
• The ICC will not have independent enforcement
  powers
• The ICC will not be retroactive

Rome Statute-Article 17, 18, 19
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Judicial Appointment

• Selection Criteria
• Gender / Geographical representation
• Elected by a 2/3 majority of States Party
• Reputation for fairness and competency
• Competent in relevant areas of law

Rome
Statute-Article 36.
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Misguided Fears of the ICCPart I (Political)

• Sovereignty / international authority
• Humanitarian intervention would be
• hampered
• U.S. military should be exempt

(ICC-Setting the Record Straight).
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Misguided Fears of the ICCPart II
(Constitutional / Legal)

• Due Process / absence of defendants rights
  (principles of justice are universal)
• Malicious / false prosecution
• Ex-post facto prosecutions

(ICC-Setting the Record
Straight).
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The Rome Statute entered into force on 1 July
2002.
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.

http//www.un.org/law/icc/statute/rom
efra.htm

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Regional Perspectives
This slide to be used per speaking engagement
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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.

Kingdom of Cambodia April 2, 2002
Status and updates http//www.ciccnow.org/
Photo courtesy UN legal Affairs
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Current Ratifications Status
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.
http//www.iccnow.org/html/countryindex.html
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Key Upcoming Issues

• Election of Judges
• Assembly of State Parties Meeting
• First Year Budget
• Practical Issues

http//www.ciccnow.org/
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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?