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The Carter Center ~~ ft \\\II\ 1\IIIIUI\D\1 I\\ TCC0001 0030 THE CARTER CENTER The United States and the Establishment of a Permanent International Criminal Court The United States and the Establishment of a Permanent International Criminal Court Conflict Resolution Program/Human Rights Committee The Carter Center One Copenhill 453 Freedom Parkway Atlanta, Georgia 30307 ( 404) 420-5185 Fax ( 404) 420-5196 http://www.cmory.edu/CARTER_CENTER THE CARTER CENTER I The United States and the Establishment of a Permanent International Criminal Court Nov. 13, 1997 The Carter Center Atlanta, Georgia Participants Ozong Agborsangaya, Project Coordinator, Democracy Program/Human Rights Committee, The Carter Center; Cameroon Harry Barnes, Director, Conflict Re olution Program, and C hair, Human Rights Committee, The Carter Center; United States David Bederman, Professor, Emory University Law School; United States Nina Bang,Jansen, Special Counsel, Coalition for International Justice; United tares M. Cheri£ Bassiouni, Vice Chair, U.N. Preparatory Committee (PrepCom) for the International C riminal Court (ICC), and Professor, DePaul Untversity Law School; United States/Egypt Harold Berman, Professor, Emory Umversiry Law chool; Umted State Emma Bonino, Commtsstoner, European Commission for Humanitarian Affair:-; Italy Marino Busdachin, Prestdent, No Peace Wtthout Ju rice; Italy Roger Clarke, Professor, Rutgers Umver:-.1ty chool of Law,Camden; Australia Gianfranco Dell' Alba, Member, European Parlmment; Italy Richard Dicker, Associate Counsel, Human Rtghts Watch; Umted States Stephen Bowen, Program Director, International Human Rtghts Law Group; Untted States Marco Cappato, ICC Project Coordinator; Italy Marco De Andreis, Cabinet Member, European Commtssion for Humanitarian Affairs; Italy Clarence Dias, Executive Director, International Center for Law in Development; India Robert Downey, Oiplomat,m-Restdence, The Carter Center; United States Carol Emmons, Executive Dtrector, Georgta Council of International Visitors; United rates Jerry Fowler, Legislative Counsel, Lawyers Committee for Human Rights; Umted States Morton Halperin, Senior Vice President, Twentieth Century Fund; United States Steven Hochman, Associate Director of Programs and Faculty Assistant to Prestdent Carter, The Carter Center; United States Howard Hunter, Dean, Emory University Law School; Umted States Benjamin Ferencz, Former Chief U.S. Prosecutor for Nuremberg War Crimes Tribunal; United States Steven Gerber, Coordinator, Washington Working Group on the ICC; United Stares I_ 3 The United States and the Establishment of a Permanent International Criminal Court Meg Hartin, Judge; United States Katherine Huffman, Staff Attorney, Southern Center for Human Rights; United States Christopher Joyner, Professor, Department of Government, Georgetown University; United States Tanya Karanasios, Program Officer, International Law and Human Rights Program, Parliamentarians for Global Action; United States Robert Kushen, Deputy Director, Open Society Institute; United States Ada Lao, Congressional A ide to Rep. Cynthia McKinney (0-Ga.); United States Mary Marrow, Outreach Coordinator, Women's Caucus for Gender Justice in the ICC; United States Kerry McGrath, Deputy Director, Southern Region Office, Amnesty International; United States H elena Nygren Krug, Human Rights Consultant, Conflict Resolution Program/Human Rights Committee, The Carter Center, and Adjunct Professor, Emory University Law School; Sweden Roy Lee, Direcwr, Codification. Division, Office of Legal Affairs, U.N. PrepCom for the Establishment of an ICC; China Jeanette Mansour, Program Officer, the Charles Stewart Man Foundation; United States Johnny Mason, Judge; United States Brian McKeon, Minority Counsel, Senate Foreign. Relations Committee; United States Julie Mertus, Visiting Professor, Emory University Law School; United States Regina Monticone, Executive Assistant, No Peace Without Ju rice; United States William Pace, Executive Director, Nongovernmental Organization Coalition for an ICC; United States Robert Pastor, Director and Fellow, Latin American and Caribbean Program, The Carter Center; United States Marco Perduca, ICC Project Coordinator for the Americas, No Peace Without Justice; Italy Matthew Meselson, Professor, Department of Molecular and Cellular Biology, Harvard University; United States Molly O'Brien, Administrative Professor, Emory University Law School; United States Stefano Palumbo, Press Agent, No Peace Without justice; Italy )elena Pejic, European Coordinator, Lawyers Committee for Human Rights; United States Michele Polizzotto, ICC Project Coordinator, No Peace Without Justice; Italy Michael Posner, Executive Director, Lawyers Committee for Human Rights; United States Shavia Rafi, Secretary-General, Parliamentarians for G lobal Action; Pakistan and United States Bertie Ramcharan, Director, Africa Division, U.N. Department of Political Affairs; Guyana Elspeth Revere, Associate Director of the General Program, John D. and Catherine T. MacArthur Fountlation; United States His Excellency A.N.R. Robinson, President, Republic of Trinidad and Tobago; Trinidad Her Excellency Patricia Robinson, First Lady, Republic of Trinidad and Tobago; Trinidad Karin Ryan, Assistant Director, Conflict Resolution Program, and Vice Chair, Human Rights Committee, The Carter Center; United States David Scheffer, Assistant Secretary, Ambassador at Large fo r War Crimes Issues; United States - 4 THE CARTER CENTER I Eric chwartz, pecial Assistant to the Prestdcnt and cntor Director, Democracy, Human Rtghts, and llumanttanan Affairs, National Sec.unty Counctl; United State::. Frank Sieverts, Assistant to the Head of Dclcgauon, International Committee of the Red Cross; Unttcd States William Spencer, pecial Advisor, Bureau nf Democracy, Human Rights, and Labor, Department nt State; United States David Stoelting, Co-chair, International Law Scctton Committee on the ICC, American Bar Assnctattnn (ABA); Umted States Gordon Streeb, Associate Executive Dm·cwr for Preventton and Resolution of Confltu Program~. The Carter Center; United tares Kirk Wolcott, Project Coordinator, Confltcr Rcsnlutton Program, The Carter Center; UntteJ rates )ohan van der Vyver, Profes or, Emory Umverstty Law chool; South Africa Mark Zaid, Managmg Director, Public lnformatton Law and Policy Group, ABA; Umted tate:, The United States and che Establishment of a Permanent International Criminal Court Table of Contents Foreword by Jimmy Carter 7 Preface and Acknowledgments by Harry Barnes 8 Paraph rased Excerpts of Conference Speeches 1. Opening: ] immy Carter, former U.S. President and Chair, The Carter Cen ter 9 2. Introductory Remarks: Emma Bonino, Commissioner, Eu ropean Commission for 11 Humanitarian Affairs 3. The First Panel: 13 M. Cherif Bassiouni, V ice Chair, U.N. Preparatory Committee for the International Criminal Court David Scheffer, Assistant Secretary, Ambassador at Large for War C rimes Issues Michael Posner, Executive Director, Lawyers Committee for Human Rights 4. General Discussion on Aggression 22 5. General Discussion on the Role of the U.N. Security Council 23 6. The Second Panel: 27 Eric Schwartz, Special Assistant to the President and Senior Director, Democracy, Human Rights, and Humanitarian Affairs, National Security Council Mark Zaid, Managing Director, Public Information Law and Policy Group, American Bar Association Richard Dicker, Associate Counsel, Human Rights Watch 7. International Cooperation: M. C herif Bassiouni 35 8. Summary Report of Proceedings: Morton Halperin, Senior Vice President, 37 Twentieth Century Fund 9. C losing Remarks: Emma Bonino 39 Postscript by M. C herif Bassiuoni 41 Appendices 43 About The Carter Center 58 6 I THE CARTER CENTER I An ICC will not he .1 panacea for all ills, but it Foreword wtll be good for the Umted tare~ and all nations. It marks the next essential step on the road to a more by Jimmy Carter just, peaceful world, anJ the UntteJ Stare~ must lead the way. • ift) year~ ago, aggresston, war crimes, and cnmes agamst humantty during World War ll Fgave me to the Nuremberg and Tokyo tribunab and sparked a movement to 1..reate the.: Umversal Declaration of Human Rtghts, an unprecedented commitment by natiOns to freedom and peace. As we celebrate that milestone, we are challenged to create mstitutions that will rein- ~ vigorate the Declaration's promise. To thts end, / //;77 formation of a permanent International Crimmal Court (ICC) is essential. Existing laws have been inadequate to prevent genocide and other modern-day atrocities. For poli tical and financial reasons, ad hoc tribunals mandated to address crimes in the former Yugoslavia and Rwanda have not fulfilled their promise~. Only a permanent ICC with adequate resources and a hroad mandate can meet expectations for JUstice, thereby deterring future criminal acts and encourag­ ing reconciliation for past cnmes. On Nov. 13, 1997, The Carter Center anJ No Peace Without Justice brought key player~ to Atlanta to discuss the Untted State:-. and e~tahltsh ment ot a permanent ICC. As rhe final opportunity to prepare a draft treaty approaches 111 Junc 1998, I hope this report will delineate potenttal points of Lonsensus on major outstanding issues. Most agree the ICC must he mdepenJcnt, impartial, and able to admintster JUstice wtthour polincal interference. Still, It 1s far from cl!rtatn that negotiation:; about procedural, hudgerary, and legal details will produce a sound framework for its operation. Perhaps most important, the proposal to ubJeCt ICC JUrisdiction
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