The FIDH would like to take this opportunity to sincerely congratulate all the participants - the civil society, the IGOs and certain States - on their tireless efforts that culminated in the adoption of the Rome Statute on 17 July 1998 and in its entry into force on 1 July 2002 after an exemplary campaign of ratification by 79 States in four years, a number which far exceeded our expectations.
The FIDH celebrated this historical event because, for the first time, humanity is endowed with a permanent criminal court to judge authors of the most heinous crimes, notably war crimes, crimes against humanity, genocide and, once it is defined, the crime of aggression.
I would also like to congratulate the delegations of this historical Assembly of States Parties for having succeeded, within the time frame allotted to them, in adopting the difficult and complex texts that they had to examine, in particular the Agreement on the procedure of the election of judges. A failure in these negotiations in today’s context of strong hostility from the United States government would have given a serious blow to the Court’s credibility.
The Court is in danger!
Since 17 July 1998, the date on which the United States voted against the Statute, the country has succeeded in building a complex politico-juridical arsenal that completely exempts its nationals from being tried or prosecuted by the ICC.
Analyzed from every angle, this arsenal will be identical to the means implemented by the American government to fight terrorism.
The American steps taken are intended to give carte blanche to American military personnel involved in counter-terrorism and other military operations abroad, by ensuring that any "overflow" or "collateral damage" will be covered by an absolute immunity of US nationals accused of war crimes from being surrendered to the jurisdiction of the International Criminal Court.
Therefore, American authorities endow themselves with diplomatic, military and economic means in their anti-ICC campaign. They have already succeeded in signing impunity agreements, notably based on an erroneous interpretation of article 98 of the Rome Statute, with a certain number of countries, including Tadjikistan, Romania, Argentina, East Timor and Colombia. These agreements violate the spirit and character of the Statute.
The enormous challenges that we are facing today are the universality, the effectiveness and the independence of the Court.
In order to face these challenges, the FIDH is launching a solemn appeal urging:
– States that have yet to do so, to start the process of ratification of the Rome Statute and to take all necessary measures to harmonize their internal legislation. Indeed, it is especially important that States situated in the south and east of the Mediterranean Sea, and Asian and African states, as they are the most destroyed by conflicts, ratify the Statute so that the Court will be truly universal and active on those continents.
– States that have succumbed to American pressures, to denounce the bilateral agreements that were recently negotiated. These agreements, concluded with the American interpretation of article 98, would lead to an absurd and unreasonable result by allowing non-States Parties to violate the fundamental principle of the Rome Statute. According to this Statute, anyone - whatever his or her nationality - who commits a crime of genocide, crimes against humanity or war crimes on the territory of a State Party, is surrendered to the jurisdiction of the Court. A State that ratifies such an agreement would be sacrificing the possibility of a more just world for opportunistic and short-term interests.
– States that have resisted until now to American pressures, not to give in to pressures and intimidations and to respond collectively, through regional organizations, in order to fight a two-tier system ICC. This appeal is particularly addressed to member States of the European Union.
– The United States, to reconsider their position vis-à-vis the ICC. History will lay the blame on President Bush. We solemnly call on the American democracy to join the increasing number of States that are working to build an international judicial system and in consideration of the fight against impunity.
These challenges require an immediate and flawless mobilization of the international community - which is the one of States primarily - and a large civilian mobilization - which is the one of women and men - so that the legitimate hope of the victims of impartial and independent justice are not broken.
The ICC is a tremendous victory for all the defenders of human rights who have given their support all along the process of elaboration of the Statute and of the entry into force of the Court. This mobilization was not useless.
For the FIDH, the demonstration was made, with the creation of the Court, that the challenge of globalization of justice is going to be faced.
This makes the FIDH more determined, in order that the voices of victims be heard and that justice be done. For them, first of all, the Court must live.
Thank you.
Sidiki Kaba
President of the FIDH