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Despite
resistance from the United States and most
Asian nations, an International Criminal
Court (ICC) could be formed as early as
next summer as the United Kingdom on October
4 became the 42nd Member State to ratify
the Rome Statute for the International
Criminal Court.
Although
139 States signed the ICC Statute in Rome in
1998, the United Kingdom was only the most
recent to ratify the Statute. Only 18 more
States are needed to ratify the Rome Statute
to bring the total to 60-the minimum number
of member States required to ratify the bring
ICC into existence.
William R. Pace of the NGO Coalition for the
ICC, said that in six months, he expects to
have the 60 States on board.
The ratification of the United Kingdom, Pace
said, comes at an important time. As President
Bush attempts to build an international coalition
to fight terrorism, US Senator Jesse Helms
had reportedly threatened to cut off military
aid to any countries that ratify the ICC, which
could isolate the US and negate the coalition
against terrorism the US is trying to build.
Senator Helms reintroduced an amended version
of the American Servicemaker's Protection Act
(ASPA), a bill that makes American soldiers
immune from prosecution. The bill, the CICC
said, is expected to be reintroduced as an
amendment to other bills. The Foreign Operations
Appropriations Bill will likely be next.
"We hope the Bush administration is astute
enough to realize the importance of the Court," said
Helen Hamilton, of the Washington Working Group
on ICC, at a press briefing. "The administration
should realize that supporting legislation
penalizing countries that join an international
law enforcement mechanism is not the way to
strengthen international efforts to bring terrorists
to justice."
Meanwhile,
the Ambassador to the UK, Jeremy Greenstock
called the US one of the UK's strongest
allies and said that he "hopes the US
will continue working with us in creating a
permanent ICC."
The importance
of the ratification by the United Kingdom
cannot be over emphasized," Pace
said. "This great nation's decision ensures
that the International Criminal Court will
come into existence in 2002."
Pace expected the 60 signatures by March 2002,
and that the court will be empowered by June.
The ICC will be a permanent court that will
investigate individuals who commit the most
serious human rights violations. The ICC will
be created on the basis on the ratification
of the Rome Statute, a treaty adopted on July
17, 1998 at the UN Diplomatic Conference of
Phenipotentiaries in Rome.
The ICC will be funded independently, Pace
said, and States that did not ratify the treaty
can make donations but will have no say in
court rulings.
In addition to the ratifications, which occurred
faster than Pace expected, the CICC discussed
seven key issues at the Prep Com. Those included
the relationship between the UN and the ICC;
defining 'crimes of aggression;' financial
rules and regulations, location of headquarters;
the assembly of the States; the agreement on
privileges and immunities; and the court's
first year's budget.
But if the 60 States eventually ratify the
treaty, that leaves at least 100 more that
the CICC said won't participate, countries
that need the court-including the US, India,
China, and Japan.
"Most of the particularly heinous crimes
will likely occur in those 120 countries that
won't ratify the treaty," Ziauddin Ahmed
of the Asian Network for the ICC said. "We're
talking about countries like Bangladesh and
Afghanistan. We want all the countries, specifically
the countries that need it most."
Both Ahmed and Pace said that the ICC could
be particularly helpful in the war against
terrorism but that the court needs support
from more countries in the world to boost public
perception.
"The public will know there is an international
court," Ahmed said, "and they will
expect us to do something. If someone from
nation X commits a crime and we can't bring
him to trial, we're going to look weak."
Large geographic
gaps remain in the countries that have signed
on to the ICC and those that
did not. Tajikistan is the lone representative
of Asia. "Can you imagine a world court
without Asia, with three countries on the continent
pointing nuclear weapons at each other?" Ahmed
asked.
If a person in Japan committed several human
rights violations, that person can only be
tried at the ICC if the person England or another
Member State that ratified the ICC.
"That'll be very hard to deal with," Ahmed
said.
Ahmed
said that the attacks on September 11 would
not
have occurred had the ICC existed. "We
(the Asian Network for the ICC) appealed to
the Security Council for a tribunal for the
Taliban before," Ahmed said. "(The
Taliban) violated human rights all the time
and the world ignored us and them. Now we have
this thing and the US might have learned that
it can't stay in isolation forever."
The 8th Preparatory
Commission for the International Criminal
Court (ICC) concluded two weeks of
meetings on October 5. Seven key areas were
discussed and the Coalition for an International
Criminal Court (CICC) and the recent ratification
of Liechtenstein, the Central African Republic
and the UK made it "a very successful
two weeks," Pace said.
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