The FIDH releases a report for the February/March 2001 Preparatory Commission for an International Criminal Court
The International Federation for Human Rights Leagues (FIDH) announced today the release of its February/March 2001 Position Paper "The International Criminal Court: Guaranteeing an Independent International Criminal Court". This position paper includes a report of the Sixth Session of the Preparatory Commission for an International Criminal Court; comments and recommendations on the issues to be discussed at this seventh Preparatory Commission for an International Criminal Court (PrepCom); and comments on the recent United States initiatives.
At this two-week PrepCom, beginning on 26 February 2001 at the United Nations Headquarters in New York, state representatives gather to discuss the drafts of four additional texts to the Rome Treaty of International Criminal Court : the Relationship Agreement between the ICC and the United Nations; the Financial Regulations; the Agreement on the Privileges and Immunities of the ICC; and the Rules of Procedure and Evidence of the Assembly of States Parties. Also to be discussed is the definition of the crime of Aggression, and the exercise of jurisdiction of the Court with regard to that crime. Behind the technical aspects of the legal instruments on the table lie challenges of great importance, including maintaining both the integrity of the Statute and the independence of the Court.
The FIDH has made a number of recommendations to the States participating in this PrepCom. While the Report contains the comprehensive recommendations, some include :
1) On the draft Relationship Agreement Between the ICC and the United Nations :
* To oppose the U.S. Proposal that aims to prevent accused individuals from being surrendered to the ICC when they commit crimes outside the territory of their State of nationality, even if that state is a party to the Statute ;
* Regarding Article 8, (which states that the U.N., " if necessary " can waive the privileges and immunities of UN-related personnel), to ensure that the U.N. waive authomatically any immunity granted to its personnel if accused of crimes within the jurisdiction of the Court ; also to delete the terms " if necessary " ;
* Regarding the footnote to draft Article 10 proposed by the United States, to oppose any attempt that would grant U.N. peacekeepers a " special " procedure regarding their transfer to the Court
2) On the Issue of Voluntary Contributions to the ICC :
* to establish strict criteria as to the requirements that must be met for voluntary contributions from non-state entities to the ICC to be permitted ;
* to ensure that the strict criteria that will be adopted by the ASP for the ICC budget (reg 7.2) also be used for the Trust Fund for Victims ;
* for the CFB to adopt a public and transparent procedure of acceptance for voluntary contributions that will allow for written observations by NGOs, IGOs, and other interested groups or individuals ;
* and to ensure that the trust funds or special accounts established do not discriminate against, or benefit one group or case over another ; and
3) On the draft Rules of Procedure for the Assembly of States Parties (ASP) :
* to strongly consider the importance of full NGO access and participation to the future ICC, in particular to the formal sessions of the Assembly of States Parties.
The Preparatory Commission was established by the U.N. General Assembly pursuant to a mandate, embodied in Resolution F, of the Rome Diplomatic Conference of Plenipotentiaries in part to draft the instruments to accompany the Rome Statute. Three sessions were convened in 1999, and two in 2000; so far the Rules of Procedure and Evidence and the Elements of Crimes have both been adopted (30 June 2000). Since 1996, the FIDH, together with the other members of the NGO Coalition for an International Criminal Court (CICC), has been lobbying for the creation of a politically and financially independent ICC through following PrepCom sessions, making recommendations to participating states, and organizing meetings with NGOs and government delegations from all regions of the world.
The ICC will be the first permanent international criminal court which will have the ability to bring to justice individuals who commit the most serious crimes of international concern, namely genocide, war crimes, and crimes against humanity. The treaty has now been signed by 139 nations and ratified by 29. Sixty ratifications are required to trigger the creation of the new world court and a fundamentally enhanced system of international criminal justice.
The FIDH welcomes comments or discussion with governments, NGOs, and other interested groups and individuals with regard to its February 2001 report on the ICC, the work of the FIDH on the establishment of an independent International Criminal Court, or the general developments of the February/March 2001 PrepCom.