 |
|
|
|
 ICC Archive |
| |
|
| |
Work of the Office of the Prosecutor
Assembly of States Parties Meetings
Election of Judges
Election of the Prosecutor
What are the positions of other non-state parties?
Work of the Office of the Prosecutor
2003
On July 16th, 2003 the Prosecutor held a press conference to inform the public about the 499 communications received thus far by his office and his decision to closely follow the situation in Turin, Democratic Republic of the Congo. On July 29 th, the ICC Prosecutor determined that there was a reasonable basis to open an investigation into the situation concerning Northern Uganda, following the referral of the situation by Uganda in December 2003.
In September, the Prosecutor released a policy paper encapsulating central strategic and policy issues facing the Prosecutor's office as it commences operations, such as its complementarity strategy and the question of which categories of perpetrators should be the object of investigations. On September th, the Prosecutor provided an update on his work to the second session of the Assembly of States Parties.
2004
In January 2004, Chief Prosecutor Luis Moreno Ocampo picked prominent former US federal prosecutor Christine Chung to lead the Northern Uganda investigation. On February 12th, the Prosecutor made a statement on his priorities and initiatives to date.
On February 23rd, the Prosecutor stated that his Office will investigate the crimes committed in Barlonya camp in northeastern Uganda on February 21, 2004. Reports estimated the number of deaths at over 200. These crimes were the most serious committed in the country since 1995, when 240 people were killed in Atiak, north of Lira. On April 20th, the Prosecutor provided an "Overview of the Strategy and Activities of the Office of the Prosecutor."
On June 23rd, the Prosecutor announced his decision to open an investigation into grave crimes allegedly committed on the territory of the Democratic Republic of Congo (DRC) since 1 July 2002. From July 26th to 30th, the Office of the Prosecutor and the Registry of the ICC organized the first official visit to the DRC. Officials held closed meetings with representatives of the national authorities, civil society, and international organisations present in the country.
On July 29th, the Prosecutor determined that there is a reasonable basis to open an investigation into the situation concerning Northern
Uganda, following the referral of the situation by Uganda
in December 2003.
On October 6th, an agreement on judicial cooperation was concluded between the Democratic Republic of Congo and the Office of the Prosecutor of the ICC to allow the Court to investigate serious crimes allegedly committed since July 2002.
On October 12th, a Provisional Memorandum of Understanding on the Privileges and Immunities of the Court was signed between ICC and the Democratic Republic of Congo, to facilitate the activities of the ICC on Congolese territory whilst awaiting the ratification by the Congolese authorities of the Agreement on the Privileges and Immunities of the International Criminal Court.
On November 1st, Chief Prosecutor Moreno Ocampo gave an update on investigations in his address at the swearing in ceremony for the new Deputy Prosecutor for Prosecutions, Fatou Bensouda. Ocampo said that investigations in the Democratic Republic of Congo were "in the very preliminary phase" due to their increasing complexity, but noted that the permanent nature of the Court allowed the Office to take the necessary time in conducting the investigation. For Uganda, he characterized the investigation as moving from the development phase to operational phase, with courtroom activities to begin soon.
Assembly of States Parties (ASP) Meetings
2002 ASP Meetings
The Assembly of States Parties (ASP) held its first session
from September 3-10, 2002, thus beginning the active life
of the International Criminal Court. The session report is
now available in all UN languages on the ICC
pages of the UN website.
Assembly Workplan
In its first order of business, the Assembly elected its
officers, including H.R.H. Zeid Ra'ad Zeid Al-Hussein from
Jordan as President. The Assembly's official work —
adopting the legal agreements that were prepared during the
10th Preparatory Commission sessions and that will allow the
Court to begin operations — was completed during the
first four days of the session. Adopted documents included
the Rules of Procedure and Evidence, Elements of Crimes, an
agreement on the privileges and immunities of the Court, a
relationship agreement between the Court and the United Nations,
financial regulations and rules, basic principles governing
a headquarters agreement to be negotiated between the Court
and the host country, and the first year budget. No major
changes were made to any of the draft agreements.
Moreover, negotiations were completed and a procedure was
adopted for the nomination and election of judges that while
not a quota system, is designed to ensure adequate regional,
legal system, and gender representation — a first in
international elections. The period for nominations opened
on September 9th and will close on November 30th, 2002. In
a press release from the court, President Zeid Ra'ad Zeid
Al-Hussein strongly appealed to governments not make reciprocal
agreements or swaps of votes in nominating and electing ICC
judges. Read more about the
election of judges.
Additional business included the appointment of a Director
of Common Services who will manage the operations of the Court
until a Registrar is appointed during the second resumed session
in April. The mandate of the Advance Team was also extended
to October 31, 2002. The UN Secretariat will continue to provide
services to Assembly meetings on a provisional basis, with
the decision regarding the form and functions of a permanent
secretariat to be decided during the second ASP meeting in
September 2003. The ICC will reimburse the UN for its services.
A trust fund for this purpose has enough to repay the UN and
support the first months of the Advance Team.
On the final two days of the session, high-ranking officials
from states parties made statements about the Court, concluding
with a statement by the Secretary General. In their remarks,
both state representatives and the Secretary General emphasized
the overriding importance of preserving the Court's independence
and impartiality. A signing ceremony for the Agreement on
the Privileges and Immunities of the Court followed the close
of the meeting.
Participants
In addition to the (at that time) 79 ICC member states, the
session was well attended by non-party states. Originally,
only states that had signed either the Rome Statute or the
Final Act of the 1998 Rome Conference were to be eligible
for observer status at the Assembly. However, the Assembly,
upon the recommendation of the President, decided to allow
the participation of all United Nations members. Thus, in
effect, all states of the world are entitled to participate
all of the Assembly's consultations, although only member
states are eligible to vote.
Participating observers included Brazil, China, India, Israel,
Japan, Pakistan, the Russian Federation, and Turkey. Thus,
contrary to repeated assertions that large countries or nations
with major economies or resources will join the US in not
participating in the work of the Court, in fact the most powerful
states and those with the largest populations actively participated
in this first session of the Assembly. It is clear that they
will continue this involvement. Of the few missing delegations,
the most notable were the United States and Iraq.
Bilateral Immunity Agreements
US efforts to obtain bilateral agreements preventing the
surrender of US nationals to the ICC were a topic of great
interest to both NGOs and governments attending the session.
Official government statements during the final two days of
the ASP often criticized the US campaign for these agreements,
whether explicitly or by inference. No formal debate was held
on the subject. However, several NGO meetings discussed the
US proposal and a closed meeting of governments provided the
opportunity for delegations to share their reactions informally.
At the time, although several states, including Romania, Israel, Tajikistan,
and East Timor, already signed one of the US agreements,
none were known to have yet ratified. Romania and East Timor
both stated that they were waiting to hear the final EU
position on the matter before they moved further toward bringing
the agreements into force.
It has been reported that the EU has agreed on three principles
in regard to the US's proposal:
- No reciprocity: EU member states can not agree
to have their own nationals exempted from the jurisdiction
of the Court;
- No immunity: There must be U.S. agreement that
any individual accused of crimes within the jurisdiction
of the Court will be investigated or tried "where appropriate";
and
- Limited applicability: The agreement can only apply
to individuals who are "sent" to the signing state, i.e.,
only current government employees or military personnel
who are in the country on official business.
These reportedly would be the minimum standard. EU countries
would be free to decide individually to take a stronger position.
They were proposed last week during the legal advisers' meeting
and gained further ground as the basis of a common position
this week, but no final decision will be made until the Sept
30th ministerial meeting. The European Parliament has also
scheduled a special debate on the 25th.
2003 ASP Meetings
Through 2003, ASP sessions were held at the UN in New York.
- February 4-7, the Second Resumed Session during which
the judges were elected (see below).
- April 21-23, Third Resumed ASP session in NY during which
the prosecutor
was elected (see below), as
were 10 of the 12 members of the Committee
on Budget and Finance. At that time, it was also announced
that there are two
candidates for the office of registrar, one of which
will be chosen by the judges at their next plenary session.
- August 4-8, Committee on Budget and Finance meet in NY
to establish the first year budget;
- September 8-12, Second ASP session took place. Highlights
included:
- In remarks to
the Assembly, Prosecutor Luis Moreno-Ocampo said
that crimes allegedly committed in the Turin district
of the Democratic Republic of the Congo potentially
constituted genocide, crimes against humanity, or war
crimes — all of which fell within the Court's
jurisdiction. If necessary, he stands ready to seek
authorization from the pretrial Chamber to start an
investigation under his proprio motu powers.
- The Assembly elected Serge Brammertz of Belgium as
Deputy Prosecutor for Investigations. Prior to his election
by an absolute majority in the first and only round
of a secret ballot — 65 of 87 votes — the
Assembly decided that the term of office for the Deputy
would be six years, starting on 3 November.
- The Assembly's President informed the Assembly that
he had appointed Christian Wenaweser (Liechtenstein)
to chair the Special Working Group on the Crime of Aggression;
Patricio Ruedas (Spain) to chair the Working Group on
the draft programme budget; and Gaile Ramoutar (Trinidad
and Tobago) to chair the Working Group on Staff Regulations.
- The Assembly elected, without a vote, Benin, Fiji,
France, Honduras, Ireland, Paraguay, Serbia and Montenegro,
Slovenia and Uganda to the Credentials Committee. Also
without a vote, it elected Elena Sopkova of Slovakia
and Inna Steinbuka of Latvia (both from the Group of
Eastern European Countries) as members of the Committee
on Budget and Finance.
- In principle, the Assembly agreed to the establishment
of a Secretariat of the Assembly of States Parties along
the lines of the draft resolution as contained in annex
II to document ICC-ASP/2/3.
- The Assembly elected a high-profile Board of Directors
to the Victims Trust Fund of the court, who are charged
with the disbursement of funds to victims. The members
of the Board, representing the five UN regional groups,
are: from Africa, Archbishop Desmond Tutu, former Chairman
of the Truth and Reconciliation Commission of South
Africa; from Asia, Her Majesty Queen Rania of Jordan;
from Eastern Europe, His Excellency Mr. Tadeusz Mazowiecki,
former Prime Minister of Poland; from Latin America,
His Excellency Mr. President Oscar Arias Sınchez, former
President of Costa Rica; and, from the Western European
and Others Group, Madame Simone Veil, former Minister
of Health of France and former President of the European
Parliament.
2004 ASP Meetings
The third session of the ASP was held in the Hague from 6 - 10 September 2004.
- September 6-10, Third ASP session took place. Highlights
included:
- Dutch Foreign Minister Bernard Bot, in his opening speech, made special note of the United States. While recognizing the important contributions the US made to the process of the creation of the ICC, he stressed the need to defend the integrity and the independence of the ICC, "if necessary in a critical dialogue with the United States, our ally and friend."
- The Assembly approved by consensus the negotiated Draft Relationship Agreement between the ICC and the United Nations. It decided to apply the Agreement provisionally pending its formal entry into force. It further called upon the General Assembly of the UN to adopt the Agreement as soon as possible. (A/Res/58/318)
- The Court's 2005 budget was adopted and a Contingency Fund was established. The Assembly approved appropriations totaling 66,684,200 euros (approximately $82,230,000) for the Court's expenses. In addition, the Assembly approved the establishment of a Contingency Fund in the amount of 10,000,000 euros, to meet costs associated with unforeseen expenses.
- The Assembly elected Fatou Bensouda of the Gambia as
Deputy Prosecutor (Prosecutions). Before her election by an absolute majority in the first and only round of a secret ballot, — 58 of 78 votes — the Assembly decided that the term of office for the Deputy would be nine years, starting on 1 November. As Deputy Prosecutor (Prosecutions), Ms. Bensouda will be responsible for the management, supervision and direction of the Prosecution Division, which consists of a Prosecution Section and an Appeals Section.
- The Assembly elected Bruno Stagno Ugarte of Costa Rica as President of the Assembly of States Parties for the fourth to sixth sessions.
Click here for the Convener's report and for Third Session's agenda and materials.
On March 11, 2003, at a ceremony
in The Hague presided over by the Queen of the Netherlands,
the first 18 judges of the ICC were sworn in by the President
of the Assembly of States Parties, H.R.H. Zeid Ra'ad Zeid
Al-Hussein, Permanent Representative from Jordan to the United
Nations. Kirsch from Canada was chosen as President of the
Court and Kuenyehia and Odio Benito from Ghana and Costa Rica
were elected Vice Presidents.
The first judges were elected during the week of February 4-7,
2003. They came from Bolivia, Brazil, Canada, Costa Rica,
Cyprus, Finland, France, Germany, Ghana, Ireland, Italy, Korea
(South), Latvia, Mali, Samoa, South Africa, Trinidad and Tobago,
and the United Kingdom, all of which are ranked "free" by
the non-profit Freedom House. To download the WICC chart of
the judges diversity and credentials from the first election,
click here.
The 43 nominees (listed below) included: 10 female and 33
male candidates, 10 from Africa, 8 from Latin America and
the Caribbean, 12 from Western Europe and other affiliated
countries, 7 from Eastern Europe and 6 from Asia.
New judges elected to the bench: On January 26th, 2006,
the resumed session of ICC Assembly of States Parties elected
six judges to the bench for nine years. They included five
previous ICC judges and a new judge from Bulgaria. The election
brought an extremely strong bench, in terms of educational and
professional experience as well as geographic and gender balance.
Nomination and Election Procedures
Voting Requirements
- Qualifications. Must vote for at least 9 from List
A and 5 from List B;
- Region. Must vote for at least 3 candidates from
each region. If the number of States Parties from a region
is less than 3/18 of the total number of States Parties,
the minimum voting requirement is one less than the number
of candidates from that region;
- Gender. Must vote for at least six women and at
least six men. If the number of candidates from either gender
is fewer than 10, the following formula is to be applied:
| No.
of Candidates |
Voting
Requirement |
| 10 |
6 |
| 9 |
6 |
| 8 |
5 |
| 7 |
5 |
| 6 |
4 |
| 5 |
3 |
| 4 |
2 |
| 3 |
1 |
| 2 |
1 |
| 1 |
0 |
- Invalidation. Ballots not meeting all of the voting
requirements will be invalidated.
- Discontinuation. The use of minimum voting requirements
will be discontinued after 4 rounds if all 18 judges have
not been elected.
Timeline
— 9 September 2002 - Opening of nomination period
— 1 November 2002 - The President of the ASP will inform
States Parties if there are less than a specific number of
candidates in each category:
- 13 Candidates from List A
- 9 Candidates from List B
- 10 Female and Male Candidates
- 6 Candidates from each region (if the number of States
Parties from a region is less than 3/18 of the total number
of States Parties at that moment, this number will be 4)
— 30 November 2002 - Closing of nomination period unless
specific number of candidates not achieved:
- 9 candidates from List A
- 5 candidates from List B
- 10 Female and Male Candidates
- 6 Candidates from each region (if the number of States
Parties from a region is less than 3/18 of the total number
of States Parties at that moment, this number will be 4)
— 8 December 2002 - Closing of nomination period in
the event the above numbers are not achieved
— 3-7 February 2003 - Elections of judges and Prosecutor
*List A contains candidates with established
competence in criminal law and procedure, and the necessary
relevant experience, whether as judge, prosecutor, advocate
or in other similar capacity, in criminal proceedings
**List B contains candidates with
established competence in relevant areas of international
law such as international humanitarian law and the law of
human rights, and extensive experience in a professional legal
capacity which is of relevance to the judicial work of the
Court
Official Candidates and Elected
Judges (in bold)
| Country |
Name
of Candidate |
| Argentina |
Antonio
Boggiano |
| Belgium |
Marc
Bossuyt |
| Bolivia |
Ren„
Blattmann, 6-yr term |
| Brazil |
Sylvia
H. De Figueiredo Steiner, 9-yr term |
| Bulgaria |
Dimitar
Gochev |
| Cambodia |
Bunchhat
Heng Vong |
| Canada |
Philippe
Kirsch (President), 6-yr term |
| Colombia |
Rafael
Nieto Navia |
| Costa
Rica |
Elizabeth
Odio Benito (Vice President), 9-yr term |
| Croatia |
Ivo Josipovic |
| Cyprus |
Gheorghios
M. Pikis, 6-yr term |
| Democratic
Republic of the Congo |
Joseph-Medard
Katuala Kaba Kashala |
| Fiji |
Timoci
Uluiburotu Tuivaga |
| Finland |
Erkki
Kourula, 3-yr term |
| France |
Claude
Jorda, 6-yr term |
| Gambia |
Raymond
C. Sock |
| Germany |
Hans-Peter
Kaul, 3-yr term |
| Ghana |
Akua
Kuenyehia (Vice President), 3-yr term |
| Greece |
Ioannis
Giannidis |
| Hungary |
Hajnalka
Kárpáti |
| Ireland |
Maureen
Harding Clark, 9-yr term |
| Italy |
Mauro
Politi, 6-yr term |
| Latvia |
Anita
Usacka, 3-yr term |
| Mali |
Fatoumata
Dembele Diarra, 9-yr term |
| Mongolia |
Jargalsaikhany
Enkhsaikhan |
| Niger |
Mory
Ousmane Sissoko |
| Nigeria |
Adolphus
G. Karibi-Whyte |
| Peru |
Roberto
Maclean Ugarteche |
| Poland |
Eleonora
Zielinska |
| Portugal |
Almiro
Rodrigues |
| Republic
of Korea |
Sang-Hyun
Song, 3-yr term |
| Romania |
Ion Diaconu |
| Samoa |
Tuiloma
Neroni Slade, 3-yr term |
| Senegal |
Doudou
Ndir |
| Slovenia |
Bostjan
Zupancic |
| South
Africa |
Navanethem
Pillay, 6-yr term |
| Spain |
Juan
Antonio Yáñez-Barnuevo |
| Switzerland |
Barbara
Ott |
| Trinidad
and Tobago |
Karl
T. Hudson-Phillips, 9-yr term |
| Uganda |
Daniel
D.N. Nsereko |
| United
Kingdom |
Adrian
Fulford, 9-yr term |
| United
Republic of Tanzania |
Kamugumya
S. K. Lugakingira |
| Venezuela |
Victor
Rodríguez-Cedeño |
On April 22, 2003, during the second resumed session of the
ASP, Mr.
Luis Moreno Ocampo of Argentina was unanimously elected
as the first prosecutor of the ICC. He was sworn in at
a ceremony in The Hague on June 16.
In his acceptance
address he said:
I am also aware of the apprehension and concerns
raised by this system even today, in particular with regard
to my powers to launch an investigation on my own initiative.
· An attentive reading of the Rome statute and its supplementary
instruments reveal that the architects of the International
Criminal Court were wise in accompanying the powers of the
prosecutor with an adequate system of checks and balances
apt to prevent abuse of power or arbitrary decisions. The
Assembly will control the prosecutor's behaviour. The prosecutor
will supervise his team and the pre-trial chamber will control
the cases. The judges were selected among the best candidates
from 43 countries. The world can trust them. I wish the Assembly
to rest assured that I will indeed exercise my functions with
caution and within the strict limits provided for in the statute
and other instruments."
Read the Prosecutor's
policy paper, a revision of an earlier draft that was
amended to take into account the imput from a group of experts,
distinguished national judges and prosecutors, leading academics,
NGOs and journalists meeting June 17-18 to advise him on questions
facing the Office of the Prosecutor as it commences operations.
The nomination period for the Prosecutor of the International
Criminal Court was opened on 9 September 2002, in accordance
with article 42(4) of the Rome Statute of the International
Criminal Court and the resolution on the procedure for the
nomination and election of judges, the Prosecutor and Deputy
Prosecutors (E, F, S, R, C, A) adopted by the Assembly of
States Parties on 9 September 2002. It closed with no nominations.
It re-opened from March 24 to April 4th.
On March 25th, the ASP President announced Moreno Ocampo'
selection:
I am pleased to report that, on Friday 21 March
2003, the States parties to the Rome Statute of the International
Criminal Court agreed informally, and on the basis of consensus,
to elect at the forthcoming resumed session of the Assembly
of States Parties, Mr. Luis Moreno Ocampo, of Argentina, as
prosecutor of the International Criminal Court.
In agreeing to Mr. Moreno Ocampo, and following months
of lengthy consultations between the governments on a number
of strong contenders, the States Parties are confident the
newly-established Court will benefit in the coming years
from a gifted prosecutor with proven abilities; a man of
recognized integrity. The States Parties look forward to
electing him, formally, to this important position at the
resumed session of the Assembly of States Parties, which
will convene from 21-24 April 2003, in New York.
Defense, victims, and witnesses council, working with legal
associations from around the world, founded a new international
criminal bar at a conference in Montreal on June 15th, 2002.
Around 350 lawyers from 48 countries participated in the meeting,
which unanimously endorsed a resolution
forming the bar. The existence of the bar will help ensure
that defendants receive a fair trial at the ICC and that all
council appearing before it have access to the resources they
need to protect the rights of their clients. The attendees
of the Montreal meeting also adopted a draft framework constitution
for the consideration of all participating bodies and individuals
and for proposed adoption at the first meeting of the general
assembly.
The steering committee then met in Paris from November 23-24
to incorporate suggestions into the draft constitution. They
adopted a resolution summarizing
their work.
The first general assembly of the new bar took place from
March 21-22, 2003 in Berlin. The Assembly adopted the ICB-BPI's
Constitution, elected its first Council, and approved a Code
of Conduct for Counsel for submission to the Registrar of
the Court (see below). Click here to read the Berlin
resolution and to download the the
ICB constitution.
For more information contact:
E-mail: admin@bpi-icb.org
Web: www.bpi-icb.org
To read more about any country's position on the ICC, go
to the CICC
website.
China
At the 5th Session of the General Assembly, on September 13, 2004, the Assembly adopted the draft relationship agreement between the International Criminal Court and the United Nations (A/RES/58/318). China’s representative expressed his appreciation for the draft relationship agreement, understanding the need for the establishment of an independent international judicial body. China looked forward to efforts to strengthen that relationship, but was not fully satisfied with the current text of the Statute. The representative believed that all official documents should be distributed simultaneously in all six languages. Click here for the official UN press release.
"The Chinese government has always appreciated the
need for, and supported the establishment of, an international
criminal court marked by genuine independence, impartiality,
effectiveness, and universality. If the operation of the court
could bring to justice all those individuals who have perpetrated
most serious international crimes, this would not only help
build confidence in international justice, but will also ultimately
contribute to the maintenance of international peace and security.
This is the outcome we fervently hope for."
— Statement by Mr. Guan Jian, Representative of China
to the 6th Committee of the 57th session of the UN General
Assembly, 15 October 2002
"The Chinese Government has always understood and
supported the establishment of an independent, just, effective
and universal international criminal court.... Although we
are not quite sure how the ICC will operate, we should not
be pessimistic about the future of the Court.... As an observer
state at the future Assembly of States Parties, China will
continue with a sense of seriousness and responsibility to
follow closely the evolution and operation of the ICC."
— Statement by H. E. Ambassador Zhang Yishan of China
on the Entry Into Force of the Rome Statute of ICC at the
10th Session of the Preparatory Commission for ICC, 1 July
2002. Read page 1, page
2.
India
"Instead of legislating for the exception, the scope
of the Statute has been broadened so much that it could be
misused for political purposes or through misplaced zeal,
to address situations and cases for which the ICC was not
intended, and where, as a matter of principle, it should not
intrude. … Firstly, the Statute gives to the Security
Council a role in terms that violate international law. …[W]hat
the Council seeks from the ICC through the Statute …
is the power to refer, the power to block and the power to
bind non-States Parties. All three are undesirable. …
The third point of principle for us was that an ICC …
should explicitly ban [nuclear weapons] use as a crime. …
What is worse, the Statute does not list any weapon of mass
destruction among those whose use is banned as a war crime.
… For these fundamental reasons of principle, we cannot
accept the Statute."
— Explanation of Vote
by Mr. Dilip Lahiri, Head of Delegation of India, on the Adoption
of the Statute of The International Court, July 17, 1998
"As representatives of a democracy. the largest
in the world I with an independent judiciary whose contribution
to the jurisprudence of the right of the individual is likely
to have few equals, we find it difficult to accept an outside
authority purporting to sit in judgment upon the actions of
our troops. Quite apart from the exemplary discipline and
commitment to the cause of peace displayed by them, we see
them as answerable for their behaviour to authorities within
the established hierarchy of command and to our own established
institutions, not to institutions whose jurisdiction we do
not recognise."
— Statement by H.E.
Mr. V.K. Nambiar Ambassador Extraordinary and Plenipotentiary
Permanent Representative of India to the United Nations on
The situation in Bosnia and Herzegovina in the Security Council,
July 10, 2002
"In the context of UN peacekeeping operations, the
two sides discussed the 'negative impact of an International
Criminal Court (ICC) on such operations. They agreed on the
serious inadequacies of the ICC and underlined the importance
of cooperation between the U.S. and India to oppose its applicability
to non-parties, as such applicability would be an assertion
of jurisdiction beyond the limits of international law.'"
— Washington File, Text: U.S., India Achieve Results
in Defense Cooperation (U.S-India Defense Policy Group
concludes meetings), May 23, 2002
Iran
"The Islamic Republic of Iran has signed the Statute
of the International Criminal Court, and studies are underway
in my country with a view to presenting it to the Parliament
for ratification. We believe that the principles and values
laid down in the Statute will enable the Court to become an
effective organ for the international community to combat
the most serious crimes and render justice to victims of war
crimes."
— Statement by H. E.
Mr. Mohammad H. Fadaifard, Ambassador and Charge d'Affaires,
a.i. of the Permanent Mission of the Islamic Republic of Iran
before the Security Council on the Situation in Bosnia and
Herzegovina on 10 July 2002
"By the adoption of the ICC Statute the international
community has laid down another milestone, at the turn of
century, towards achieving peace and justice — two indivisible
components of a global society. It is particularly significant
that this major event has taken place at the end of the United
Nations Decade of International Law. We remain convinced that
an effective court, aiming at deterring potential criminals,
will provide the succeeding generations with the best hope
for achieving a world spared from the scourge of aggression
and genocide, which over this century, has caused loss of
life of millions of people around the world."
— Statement by Dr. Saeid
Mirzaei Yengejeh, Representative of the Islamic Republic of
Iran before the 6th Committee of the UN General Assembly,
regarding the establishment of the International Criminal
Court, 22 October 1998
Israel
"…in connection with the Rome Statute of
the International Criminal Court adopted on 17 July 1998,
[…] Israel does not intend to become a party to the
treaty. Accordingly, Israel has no legal obligations arising
from its signature on 31 December 2000. Israel requests that
its intention not to become a party, as expressed in this
letter, be reflected in the depositary's status lists relating
to this treaty."
—Received from the government of Israel by the Secretary-General
as treaty depository, August 28, 2002
"… alongside Israel's support for the aspirations
of the Court, Israel has concerns as to how effectively these
will be achieved through the Court as it has been constituted.
A major concern is that the Court will be subjected to political
pressures and its impartiality will be compromised."
— Israel and the International
Criminal Court Office of the Legal Adviser to the Ministry
of Foreign Affairs, June 2002
"When we signed, we added a political
declaration[,] … 'today, the government of Israel
signs the statute while rejecting any attempt to interpret
provisions thereof in a politically motivated manner against
Israel and its citizens.' Since then, we've been working in
preparatory committees in order to establish the various documentation
needed for the court to exist, and within these committees
we've managed to bring in a sort of footnote
or comment to that particular provision on transfer of populations
that refers the court back to international humanitarian law,
and thereby closer to known position vis a vis settlements.
… I know that here in Israel we're living in a pressure
cooker, where the political situation is at the head of everybody's
agenda and it's something of immediate worry for all of us,
but outside Israel this criminal court is the most serious
development in international law, and we can't divorce ourselves
from such a serious development, and therefore it's so important
that we did sign this document."
— Press Briefing by
Israel Foreign Ministry Legal Advisor Alan Baker Jerusalem,
January 3, 200
"The decision taken was a change in the position
taken till now, following clear legal clarifications that
the signing would not harm the interests of Israel, inter
alia by the attaching of various and clear reservations raised
by the Government of Israel regarding the treaty, and specifically
the issue of the settlements."
— Press Release, "Israel
agrees to sign the International Criminal Court Treaty (ICC)
January 1, 2001
"Mr. President, it is with a measure of regret,
both personally as a victim of the Nazi persecution of the
Jewish people, and on behalf of the Israeli Delegation which
I proudly head, that I have to explain the negative vote which
Israel has been unwillingly obliged to cast today with regard
to the Statute of the International Criminal Court. …
Needless to say, Mr. President, had sub-para.
[8(2)(b)] viii not been included, my Delegation would
have been able proudly to vote in favour of adopting the Statute."
— Statement by Judge
Eli Nathan Head of the Delegation of Israel United Nations
Diplomatic Conference of Plenipotentiaries on the Establishment
of an International Criminal Court 9th Plenary Meeting, July
17 1998
"The positions of my delegation concerning the detailed
issues left to be resolved have been made clear throughout
the preparatory conferences and intersessional meetings, and
we will continue to take an active — and I hope constructive
— role in the discussions ahead of us."
— Statement by Ambassador
Elyakim Rubinstein, Attorney General of Israel, Head of
Israeli Delegation, June 17 1998
Japan
"It may be said that the most important recent development
in international criminal justice is the birth of the International
Criminal Court (ICC). The Government of Japan has consistently
supported the establishment of the ICC and welcomed it when
the Rome Statute came into force. In order for the ICC to
be effective and universal, it is necessary for a large number
of countries to be able to regard the Court as their own.
We therefore consider it crucial that the ICC meet the expectations
of as many countries as possible in conducting its activities."
— Statement by H.E. Mr. Haraguchi, Permanent Representative
of Japan to the United Nations, Sept. 30, 2003, during
a Security Council open meeting on justice and the rule of
law.
"Japan has consistently supported the establishment
of the ICC."· "Now that the Rome Statute has entered into
force and the Court has come into its legal existence, let
us offer our hands so that it can enter into its youth and
subsequently become a trustworthy and independent adult. Through
actively engaging in the discussion here at this session of
the Preparatory Commission, Japan intends to continue its
effort to achieve international justice in the world, and
on this historic moment, the our delegation would like to
reiterate its firm commitment for this solemn undertaking."
— Statement by Ms. Naoko Saiki, Head of the Delegation
of Japan to the tenth session of the Preparatory Commission
of the International Criminal Court, 1 July 2002. Read
page 1, page
2.
Russian Federation
"In the context of asserting international standards
of legality in post-conflict States, favourable conditions
must be established in order to ensure human rights and to
bring to justice persons who are guilty of war crimes, crimes
against humanity or genocide. Here, the experience of the
United Nations in cooperating with States in the establishment
of special courts may prove useful. Due use, of course, should
also be made of the potential of the International Criminal
Court."
— Statement by H.E. Mr. Igor Ivanov, Minister of Foreign
Affairs of the Russian Federation, Sept. 24, 2003, during
a Security Council open meeting on justice and the rule of
law.
"Russia's envoy to the United Nations, Sergei Lavrov,
underlined that Russia resolutely condemns the recruitment
of children by the so-called rebel or terrorist groups, and
believes that those responsible for such practices should
be brought to justice. Moscow believes that an International
Criminal Court should be one of the barriers to prevent the
spread of this evil, and guarantees the punishment for violent
crimes committed against children as well, Lavrov said."
— Children in Armed Conflicts on Agenda of UN Security
Council, By Vladimir Kikilo, TASS, January 15, 2003.
"We understand the US concerns about this and the
position of those that defend the spirit and letter of the
Rome Statute, which is one of most authoritative treaties
of our time. And there are more than 75 states parties and
that number will continue to grow. We hope that, on this item
of discussion, a solution will be found that will not imperil
UN peacekeeping operations, and one taken within the confines
of the law and that will not diminish the Statute of the Court."
— Statement of the Representative of Russian Federation
the Open Meeting at the Security Council on the Situation
of the Bosnia Peacekeeping Mission, 10 July 2002
"The U.S. decision to not participate in the International
Criminal Court now being set up is a mistake according to
Alexander Yakovenko, a spokesman for the Russian Foreign Ministry."
… "'Unlike the U.S., Russia voted for the Statute at
the Rome conference and signed it in September 2000,' the
Russian diplomat said. He said that the ratification of this
document is being considered."
— U.S. Staying Away from International Criminal
Court Believed Erroneous, Diplomatic Panorama, May 07,
2002
|
|
|
|
