| Author (Person) | Bower, Helen |
|---|---|
| Publisher | ProQuest Information and Learning |
| Series Title | In Focus |
| Series Details | 1.7.02 |
| Publication Date | 01/07/2002 |
| Content Type | News, Overview, Topic Guide | In Focus |
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The first court with worldwide jurisdiction to punish those who commit crimes against humanity and war crimes opens in The Hague on 1 July 2002, providing 'a missing link in international justice' according to Kofi Annan, Secretary General of the United Nations. On the day the Rome Statute on the International Criminal Court (ICC) enters into force four members of staff will open a temporary office in The Hague, the Netherlands. The office will keep track of complaints until permanent representatives are appointed in early 2003. The Statute outlining the creation of an International Criminal Court was adopted by 120 countries in Rome on 17 July 1998. On 11 April 2002, ten countries ratified the treaty in New York bringing the total number of ratifications to sixty-six. Since only sixty ratifications are required before the ICC can be set up, this paved the way for the tribunal to come into force on 1 July 2002. As of 28 June 2002, seventy-four countries had ratified the treaty. The International Criminal Court differs from the International Court of Justice because it can prosecute individuals rather than states. It will intervene when national authorities cannot or will not prosecute individuals responsible for the worst crimes - genocide, crimes against humanity and war crimes - committed anywhere in the world. However the Court may not act retrospectively, it can only try offences committed after 1 July 2002. Cases can be brought before the International Criminal Court in three ways:
It is hoped that by challenging the impunity which international criminals have so often benefited from in the past, the ICC will provide redress and reparations for the victims and survivors of these atrocities as well as deterring people from committing further horrific crimes against humanity. However, the potential success of the court has been questioned by many because it lacks the support of key states, notably the United States of America. Although President Bill Clinton signed up to the treaty his successor, President George W Bush, has refused to ratify it. The Americans have argued that their soldiers might be the subject of politically motivated or frivolous prosecutions, and that the Court represents a dilution of American sovereignty in criminal justice. Indeed, the opening of the ICC in The Hague has been marred by the United States' decision to veto a UN resolution to renew the peacekeeping mission in Bosnia because American peacekeepers are not exempt from the court's jurisdiction. China, Libya and Iraq are three of the other six countries which have failed to sign the treaty leading many to suggest that it is geographically unrepresentative and its operation likely to be fairly weak. However, the European Union, typically one of the US' closest allies, has been one of the driving forces behind the Court. In a statement issued by the Spanish Presidency on behalf of the European Union on 11 April 2002, it called the creation of the International Criminal Court 'a step of great importance for the defence of fundamental rights of human beings and for the affirmation of law and justice in the world' and added:
The European Union has also signalled its disappointment at the US' failure to ratify the treaty calling it a 'unilateral action' which could have serious consequences on multilateral treaty-making and on the rule of law in international relations and the EU remains committed to encouraging the US to co-operate with the International Criminal Court. Despite the lack of support for the ICC by the United States, human rights organisations have welcomed the establishment of an International Criminal Court calling it the 'cornerstone' of the emerging international justice system. Richard Dicker, Director of the International Justice Program at Human Rights Watch, said:
Amnesty International also emphasised that the Court would 'complement national jurisdictions in the struggle against impunity'. Now that the ICC office, which will be the institution's temporary accommodation for the first five years, is open in The Hague the Member States must decide by January 2003 who will be the Court's 18 judges and prosecutor. Links: Council of the European Union:
Rome Statute of the International Criminal Court: The Coalition of the International Criminal Court: The Council of Europe: Amnesty International:
Human Rights Watch:
BBC News Online:
European Sources Online: Financial Times:
European Sources Online: Financial Times
European Sources Online: European Voice
Helen Bower The first court with worldwide jurisdiction to punish those who commit crimes against humanity and war crimes opened in The Hague on 1 July 2002, |
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| Subject Categories | Values and Beliefs |
