Presentation on theme: "Design by Deborah H. Cotton - Georgia, USA presents The International Criminal Court Coalition for the International Criminal."— Presentation transcript:
Design by Deborah H. Cotton - Georgia, USA Email: firstname.lastname@example.org 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 Jacobson Internews.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. Ferencz Nuremberg 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-Kosovo United 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 against Humanity 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 5 Crimes 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 13 Exercise 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/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 ICC Part 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 ICC Part 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 citizens be protected by the ICC? Will the ICC really have much purpose, since there have only been three international tribunals in 50 years? What prevents the ICC from extending its jurisdiction and becoming a judiciary arm of a world government?