International Criminal Court by Deborah H. Cotton - Promoting Universal Acceptance and Ratification

1. Coalition for the International Criminal Court presents The International Criminal Court Design by Deborah H. Cotton - Georgia, USA Email: dc10@bellsouth.net

2. 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/

3. From Nuremberg to Rome Aggressive War, War Crimes, Crimes against Peace Crimes against Humanity Poster Courtesy of AI (2000).

4. The Need for the International Criminal Court Photo Courtesy of Mandy Jacobson Internews.org for Rwanda. Photos Courtesy of Associated Press Online-Kosovo

5. The ICC: A History in Brief • International Law Commission (ILC) • Ad hoc Tribunals • PrepCom ISC-ICC and UN Public Info (2001)

6. 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

7. 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.

8. Current Recourse • Sanctions • embargoes • collective military force • ad hoc tribunals ISC-ICC, United Nations Public Info

9. 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

10. 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

11. 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

12. 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/romefra.htm

13. 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

14. Judicial Appointment • 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 Rome Statute-Article 36.

15. 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).

16. Misguided Fears of the ICCPart 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).

17. 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

18. Regional Perspectives This slide to be used per speaking engagement

19. 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

20. 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

21. Key Upcoming Issues • Election of Judges • Assembly of State Parties Meeting • First Year Budget • Practical Issues http://www.ciccnow.org/

22. 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?