Coalition for the International Criminal Court

presents The International Criminal Court

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

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/

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 OnlineKosovo

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

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

Benjamin B. Ferencz Nuremberg Prosecutor

Photo Courtesy of Benjamin Ferencz

Why the ICC is Important

deter future war criminals promote universal justice end impunity help end conflicts remedy deficiencies of ad hoc tribunals national judicial

complement
systems

Photos Courtesy of AP-Kosovo United Nations-public info.

Current Recourse

Sanctions
embargoes collective military force ad hoc tribunals

ISC-ICC, United Nations Public Info

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.un.org/icty/glance.htm

http://www.ictr.org/

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

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 Security Council Prosecutor

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

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

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.

Misguided Fears of the ICC Part I (Political)

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

(ICC-Setting the Record Straight).

Misguided Fears of the ICC Part 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).

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/romefra.htm

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.
Kingdom of Cambodia April 2, 2002

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

Photo courtesy: UN legal Affairs

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

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?