CICCPresentation (1):ICC

7/29/2019 CICCPresentation (1):ICC

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Design by Deborah H. Cotton - Georgia, USA Email: [email protected]

presents

The International Criminal Court

Coalition forthe International

Criminal Court


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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 RomeStatute.

http://www.iccnow.org/


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From Nuremberg to Rome

Aggressive War, War Crimes,

Crimes against Peace

Crimes against HumanityPoster 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

Benjamin B. Ferencz

Nuremberg Prosecutor

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

Photo Courtesy of Benjamin Ferencz


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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


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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)

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/


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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


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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


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Article 13

Exercise of jurisdiction

Security Council Prosecutor

State 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


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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


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Judicial Appointment

Rome Statute-Article 36.

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


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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


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Misguided Fears of the ICC

Part II (Constitutional / Legal)

Due Process / absence of defendantsrights (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.

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

Article 11:

(1) The Court has jurisdiction only with respect to crimes committedafter 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.


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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.

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

Kingdom of Cambodia

April 2, 2002

Photo courtesy: UN legal Affairs

C ifi i S


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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 everyregion 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.


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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 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?

CICCPresentation (1):ICC

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