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 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 Photos Courtesy of Associated Press Online-

Internews.org for Rwanda. 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

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

• complement national judicial

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 State’s 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 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.

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.
Kingdom of Cambodia
This brings to date over 75+ ratifications. 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?