OK Ml 15,1998 U.U. OWfEIBIŒ OM THÉ BMUHHDIT OF AN INTERNATIONAL CRIMINAL COURT Bracket-busting Time Begins

- ROME locus of the Couri's responsibilities ven by past standards of has shifted sigmtlcantly since then, intern ali on a! treaties, the says Hans Corel], U.N. under- L^· draft stalutc for the secretary-general for legal allairs. proposed International Criminal Possibly a larger prohlem for the Court (ICC) is vague and runs to a II Court 15 another item whose hefiy 166 pages in English, with inclusion on the ICC docket still hundreds of key passages must be decided: whether or not I! undecided. crimes ul aggression will be tried. The world's nations have unlil Human rights groups strongly desire mid-July to sort oui debates over the CICC MONITOR INSIDE some means ol punishing aggression Court's jurisdiction, powers, - as distinct from war — but compos i lion, financing and related specifying what ihc distinctions arc matters dunng the five-week meet- has caused a major headache. ing that begins here today. But with «The crime of aggression is The U.S. embargo against Cuba, more than 1,700 passages of the considerably more complex, since it Israeli occupation of the West Bank draft statute in brackets — indicating is difficult to have a clear definition and Southern Lebanon, China's disagreement among governments of what aggression is.» concedes annexation of Tibet and the Russian over wording — almost every issue Corcll. war in Chechnya could all count, he central to the ICC's existence is still Nevertheless, the dralt statute opines. open for discussion. takes several stabs at n. Under one Italian Foreign Minister Brackets appear arnund the bracketed option, a crime of Lamberlo Dini argues that even question ol'whetherornoi the Court aggression could involve planning though the exact definition of can apply the death penalty; on or executing an armed attack or use aggression needs to be worked out, whether the Security Council has of force in violation of the U.N. aggression itself musl be included pre-eminent authority over the Court Charter. A second option would be as one of the ICC's core crimes for or not; and on how much junsdiclion explicitly to involve attempts to the Court to be credible. the ICC prosccutot has to initiate annex or occupy the territory of Some of the controversies over investi gâtions. another so\ creign slate. ihc ICC have already guaranteed Even entire areas of criminal In still another option, crimes that several key nations will nol activity may or may nol appear against aggression would include a support it, al least initially. U.S. before the Court, depending on how large list of offenses, including officials admit that the Republican- the brackets arc decided. Three blockades ol ports, invasion or led Congress is not ready lo sign on, distinct categories of crimes — bombardments of states, the sending while do/.cns ot countries remain crimes committed against U.N. nf mercenaries or the use erf one Mate openly wary of some of its aspects - personnel, terrorism and drug as a base for attacks against another from French insistence on Security trafficking — arc ali bracketed, and one. Council control over Ihe body to ihc may be dropped from the Court's The aggression debate offers a desire of many countries to seek agenda during the Rome meeting. good example of why some permission of concerned states for So far, the only definite crime* supporters of ihe Court wonder any ICC investigation. the ICC will he judging arc whether it wtll have the teeth to However, U.N. officials remain genocide, crimes against hun become an effective body. As one upbeat that the debates surrounding and war crimes. human rights activist argues, many the Court will be answered soon Ironically, > important stales caity out acts that enough. Agreement »ill come, Tobago first br would easily fall under most of the Corell says, when member stales ι a world ι specific definitions of crimes of realise they must cooperate lor the nibai drug (ffifl icking, the aggression. body to exist al all. I-arhua HaqUPS

PURL: https://www.legal-tools.org/doc/ab670c/ Home, Juno 15, I EDITORIAL Terra Viva is an ndependent It's All About G ove rna n ce pub ication of Many international treaties are the An entire conanentAfnca,is beingleft product of mere rituals, and most are by the wayside of global trade flows and meant to be respected only by the weak, at least one conn try, Somali a, has ceased Publisher although in most oases they represent -at to exist as a state.Thanks to the "Asian Roberto Savio least on paper- the hopes and flu," a world system based on free trade determination of the whole world. Managing Editor and open markets is now trembling in fear Alejandro K.rk • There are plenty of examples: of the return of trade wars, isolationism, Governmental delegates debate, negotiate protectionism and nationalism of all kinds. Editor and then sign agreements that remain The recent nuclear weapons tests in In- Jchan"a Sen largely ignored, are selectively applied, or dia and Pakistan have sparked old fears of mass destruction. Senior Reporter simply get stuck in the internal political labvrinth of powerful countries, awaiting Farhan haq World leaders cannot now claim, as ratification. in the past, ignorance about the Reporters H o wever, there is agrowing consensus consequences of their actions. Science Aliso" 0 ckens among nations, governments and civil now provides undisputable warnings Jorge Pina society that the survival of this planet and about die dangers of many human abu- Stefano Pa umbc its inhabitants is too serious an affair to ses, from genetic engineering to leave solely in the hands of afew interests, greenhouse gas emissions, from Art strong and rich as they rray be.The issue information technology to wild free Winnie Dobbs now at stake m Rome is , markets. Photographers and civil society is determined to play its Terra Viva is the independent record part in creating an International Criminal Andrea Cavalien of this Conference. Since its first edition C ourt that is not just another ritual but an in Rio '92, it has been well known for its Mihai Rcrranciuc affective instrument of check and balance. critica! and balanced coverage of major Chief, Technical Services Globalisation has so far been mostly international meetings. Mauro Twidori about markets and maximisation of profit Tliis time.Terra.Viva is being produced — not about nurturing a global culture of IPS coverage o' the Lin ted in newsletter format by IPS in cooperation understanding and common sense. with No Peace Widiout Justice, and bie Nations Ccnterence on thd Since the end of the Cold War, the Coalition for an International Criminal Establishment ot an Inter- Court, with financial backing from the national Criminal Ccurt and world has witnessed not the peaceful and rosy scenes of bliss then depicted, but a European Union and the generous publication of Terra Viva has startling succession of genocides, wars, support of the FAO soff. been marte possible -hanks to nationalism and widespread violations of the ge-erous supso'-t cf the human rie t ^ E-iropean Unon through the non-governrrentai organisatie-. No %ace Without Justice, and Italy wants a court with teeth ROME the Coalition for an Inter- Foreign Minisier an I Lallan member o! the European national Cri"n nal Ccurt. .arnbcrto Dini affirmed Parliament. Italy's stance, if IPS-lnter Press Service is an Ïome's support for a strong, accepted, could ensure that the ICC international non-profit asso- independent International Criminal could try war crimes suspects ciatie" of journalists. l~ e-jc^s Court (ICC) on the eve of the Jun. ι despite national amnesty laws, Dell'Alba noted. NGO consultative status 15-Jul. 17 meetings here. «In (he future, no one will be fn other respects as well, Italy — (Category I) with the United allowed to be guilty without anyone an early supporter of the Court since Nations Economic and Social speaking out.» Dini said at a three- current EuropeanCommissionerfor Council. day panel sponsored by the non- Humanitarian Aid Emma Bonino's Terra Viva ts also available en the governmental organisation No proposal in 1994 for a summit to •nternet at http://WLVW.ips.org/icc Peace Without Justice. create sueh a body — is pushing for Dini reaffirmed the host the Court to supereedc national country's support for compulsory authority over many key areas. «We Printed at FAO legislation that would give the new have to avoid limiting international Court junsdiction to try the core jurisdiction,» warned Justice crimes of genocide, war crimes and Minister Giovanni Flick, crimes against humanity. As vice president of the Italian **** Italy's support for such legis- Senate Domenico Contcstabile told lation sends a strong signal to the the panel, the Court must be able Ιο NO PEACE WTTHOUT JUSTICE 186 nations debating the ICC — function without the consent of many ol which seek 'com- slates involved in the cases it hears. iV Cuälrtion plementarity' language that would Otherwise, he warned: «.The Court f%H ·" !ΓΙ" 3" " ^";·'-: ι · largely preserve national would only have jurisdiction over T!S Crniinal Cour. <υ sovereignly overusing those crimes the defeated populations and not the — of a lough fighl ahead on the winners. It w ould be a very strange Court's authority. justice, that which only prosecutes p m "(Dini) is suiting a point of no the losers.» return,» said GianfrancoDcIi' Alba,

PURL: https://www.legal-tools.org/doc/ab670c/ Rone, June 15,1998

LEGAL EXPERTS ON ICC COMPROMISE YES, CLOUT NO

BONN ML U-N, conference called beginning. But if the U.S. is nut, don't support. Lotte Leicht, the Human k to define the terms, let everything collapse,» said Rights Watch representative in Λ ^duties and obligations of Ferenc/, a veteran lawyer who Brussels, said: «If it had gone the U.S. a future International Criminal Conn prosecuted members of the Na/.i way, the landmines treaty (to which (ICC) may be forced to make "foul German 'SS Einsatzgruppen1 — the U.S. isnot a party) would not have compromises" by major powers with mobile death squads that took the been signed. In fact, the use of their own agendas, international le- Holocaust to villages and towns landmines would have been gal experts say. across occupied eastern — legalised.« Four permanent at the post-World Wur II Nuremberg She expressed regret thai • members of the Trials. countries such as India and Pakistan '" '\il a L U.N. Security In this situation, he told an — though now nuclear rivals — it Wll| be council - China. international conference here in May, were pursuing a common objective bfittertu Prance, Russia it would be better to go ahead and aimed a! mobilising the Non-Aligned .- . and the U.S. — esiiiblish the court with the 48 like- Movement (KAM) against giving have the US hilvc volccd minded nations and later on muster broad jurisdiction to the Court. Sign right strong reserva- support among as many countries as Leicht and Z u mach .said Ibc Court frnm ^hci llons on asPecls possible from among the 100 that should be given limited but sufficient i-'PW.., ofafuturecoun's have yet tu make up their minds. power to determine whether there is beginWKi. operation. The Ferenc?. told the conference, effective national jurisdiction over fear is that organised by the Bonn-based Peace specilic cases. However, the court But if the us combined, they and Development Foundation (SEF), — not the affected countries — is out> will force a lhattheU.S.stanceonthe Cournvas should be the one to decide. France IptPWfV- consensus set al «ridiculous». The right-wing chair- wants signatories to the ICC treaty the lowest com- man of the Senate foreign relations to have the right to reject its thing mon denominator committee. Jesse Helms, has vowed jurisdiction on a case by case basis. at the Rome thai any treaty to establish the ICC An «opt-in, opt-out regime would

M negotiations on will be "dead on arrival" in the lead tcijurisdicuonalaearte,» warned -Benjamin the icc. Senate unless Washington is given Leicht, «[n fact the prosecutor must «We see the veto power over its functioning. be empowered to initiate cases - risk that this U.S. objections run so deep thai, brought up by NGOs and those prOSeCUtOr Of significant, the Pentagon theNaZiSS i^eed historic has been organising its Elmaajm^. S£,S£S D w n the lowest campaign common against a denominator. The broad result would be a very weak Court, mandate for without any authority of its own.» the ÏCC. The said a German government position Pentagon has paper on the issue. confirmed Germany, Britain and 12 other that defence European Union member slates officials had favour an «effective, functioning, invited some independent and thus credible·· ICC. 100 foreign France wants to reserve the right for military •aan signatory countries to reject the attaches to court's jurisdiction over cases attend briefings on U.S. concerns on affected,» she said. - involving their nationals. the proposed court. American Ferencz warns against Washington's line could be military officials argue that even compromising justice in return fora crucial, but while a possible officers and soldiers involved m U.N. peaceful settlement: «If you give up ^ withdrawal by the U.S. from the peacekeeping operations could find justice, you will neither have peace ^ project could pose problems, they themselves hauled before the ICC nor justice.» In a position paper ^ need not be insurmountable ones, by unsubstantiated charges accepted prepared for Ihc SEF, he said: ^ says Benjamin Ferencz, professor of by out-ot-court prosecutors. «Nations must accept the Nuremberg " international law at Pace University Activists say it is important that Charter and Judgement as the in New York. «It wil! be belter to the Rome meeting produce a credible foundation stone for the ICC.» have the U.S. sign right from the court, with or without American By Ramesii JaurallPS

PURL: https://www.legal-tools.org/doc/ab670c/ Rome, June 1 ä,l 998 Would A World Criminal Court Have Mattered for Cambodia? BANGKOK hen news spread «Γ ihc death in April of' the much-reviled Khmer Rouge leader Pol Put, there was no shortage of hand-wringing around the globe. Western governments fumed over the thought thai a villain had gone unpunished. Cambodia scholars lamented how, with the failure to arrest and try Pol Pol, Ihc world had lost an opportunity ίο give his millions of victims «a sense of closure». But given the history of big-power meddling in Cambodia, as well as domestic politieal realities, few Cambodians believe that an international tribunal could have made much of a difference m bringing Pol Pot to justice — even il he had been caught THE TWO- alive. This may well be significant in the light ol'U.N. negotiations to create an International Criminal Court that would have jurisdiction over crimes like Khmer Rouge-style DECADE- OLD genocide. While the court cannot deal with past offenses, the case of Cambodia — and She murky mix of geopolitical concerns iherc by regional and western countries over SEARCH FOR the decades — show the kind of political complications the ICC could run into. The Khmer Rouge government faim 1975 to 1979, which Pol Pot led. was responsible For ihe death of 2 million Cambodians through executions, torture, persecution and JUSTICE FOR famine. For years western governments, led by the United States, have been talking about VICTIMS OF THE setting up an international tribunal to prosecute Pol Pot. Even then, many Cambodians felt that no court could have organised Pol Pot's apprehension in the guerrilla- infested jungles of north-west Cambodia, taken him alive to another country, marshalled sufficient KHMER ROUGE evidence and tried him for genocide committed two decades ago. Worse, many Cambodians believe that there was no real political will by either the SHOWS THAT AN world community or Ihe Phnom Penh government to try Pol Pot — and reveal the political skeletons in the cupboards of the accusers themselves, «Countries like China and Thailand must be relieved at Pol Pot's death because he INTERNATIONAL cannot disclose now how much they helped his movement,» said Youk Chhang, direc- tor of the Documentation Centre of Cambodia, a Phnom Penh-based Ν GO. In other words, other countries played a part m the group's ascent to power. The TRIBUNAL MAY U.S. bombing of the Cambodian country side during the Vietnam war — killing several hundred thousand innocent people in what was genocide as well — was what set the STUMBLE NOT stage for the Khmer Rouge's rise to power. «Pol Pol killed in ihe name of agrarian revolution while the U.S. and other governments involved in the Vietnam war killed in Ihe name of capitalism," said Pairolc OVER LEGAL Pholphct, a Bangkok-based civil rights activist. While in power, Pol Pot was ardently backed with material and political support by QUESTIONS, China. And alter being overthrown by a Vietnam-back e d rebellion, he of ten found shelter for more than two decades in neighbouring Thailand_. Last year, when the Cambodian government formally asked the to BUT OVER BIG- set up a tribunal to try Pol Pol, China expressed doubts about "'internationalising" the issue and said the Khmer Rouge's excess were an ' 'internal affair" of Cambodia, POWER In May, the U.S. asked the UN Security Council to sei up an international tribunal «on the lines of those set up in Bosnia and Rwanda to try the remaining members of the Khmer Rouge leadership». POLITICS, Apart from geo-political obstacles, ihcrc are also enough domestic political compulsions in the way oi' any tribunal trying Pol Pot and the Khmer Rouge. Though •5 Cambodian People's Party (CPP) leader and co-premier Hun Sen did send a letter to the UK backing the tri bunal, there remain serious doubls about his cooperalion with such a body The CPP, made up of former Khmer Rouge cadres like Hun Sen himself, have also joined hands with Khmer Rouge defectors in recent years. There remain fears lhat once a tribunal is set up. questions may be asked about the role of Hun Sen and other CPP leaders in Cambodia's 'killing fields'. Asian diplomats see the complexity of carrying out any prosecution of Khmer Rouge leaders as a good sign of what is in store for attempts to set up an ICC to try those •y responsible Tor genocide and olher crimes against humanity. •w «Cambodia illustrates that those governments which have the military might to implement justice arc ironically among those who share the guilt,» said an Asian diplomat in Phnom Penh. «It will be very difficult for them to allow the ICC to be an effective and Lruly credible organisation.» Salya SivaramanJIPS 4 PURL: https://www.legal-tools.org/doc/ab670c/ The Rome Treaty Conference

Special Issue of the NGO Coalition for an International Criminal Court Issue 1 June 15,1998 a project of the NGO Coalition for an Internationa! Criminal Court CICC Address: c/o WFM, 777 UN Plaza - New York, New York 10017 USA email [email protected] Web Address h It p:// www.igc.org/icc William R. Pace Convenor Rik Pang;iniban Editor Farnn Bencdctti Program Associate Denise Lift on Program Associate Pascale Ninris Program Associate Shelly Cryer Media Consultant Eduardo Goa-atbts Cueva Outreach Assistant Anhereen Hnsan Outreach Assistant Fabric Pierre Program Assistant Address d uring the· Rome Conference: c/o Movimondo, Pia^7ii Altwnia 1O, Tel. 5783202 - 5783179 Fax 5783251

all the NGOs present CO o are united in their sup- o Welcome port for a successful completion of these Welcome to this Rome edition of negotiations on the es- the ICC Monitor, a spedal NGO tablishment of a per- φ section that will be featured in ev- manent International c ery issue of Terra Viva of the Criminal Court. We c ourse of these five weeks of nego- look forward to work- tiations on the International ing together with gov- φ Criminal Court. During the up- ernments over the next Ε coming weeks, we will be inform- month and a half - to ο ing Terra Viva's readers of the overcome differences, c; many meetings, roundtable dis- explore alternative cussions, panels, receptions and proposals, reach ac- other events being planned by ceptable agreements - in order to velopments with regards to articles NGOs in the course of this confer- end with a truly effective and just included in their part of the stat- ence. international court. ute. The teams will also work closely with the international coa- We will also be featuring many of We hope that government delega- lition to recommend actions or the insightful and informed voices tions will see this special edition strategies tobe adopted on articles of civil society present (and some of the ICC Monitor as a bridge be- included in their part. not present}. And we will supple- tween them and the NGO commu- ment this information with photos nity. And NGO representatives Governments interested in hold- from the conference that bring to should view this as a resource for ing meetings with a particular life the drama and historic nature them as well to stay informed of team should contact the team lead- of this meeting- other groups' activities and to ers or deputies, or Pascale Norris make announcements of their at 0339 2289913- A list of contact There is a tremendous diversity own. Formore information on this numbers for the team leaders and among the 235 accredited NGOs section, contact Rik Panganiban at deputies will be available to del- who will be observing these nego- 0339-222-0576. egations at the start of the Confer- tiations. There will be present at ence. the conference representatives of organizations concerned with hu- N60 "TEAMS" man rights, international law, The Establishment Team women's rights, children's rights, TD MONITOR NEGOTIATIONS The Definitions Team victim's rights, peace and disar- The State Consent Team mament, humanitarian relief, re- In order to follow the complex and ligion and faith, among others. The Trigger Mechanism and concurrent negotiations taking Admissibility Team And all regions of the world are place at the ICC diplomatic confer- represented by the groups present, The General Principles Team ence, thirteen NGO teams have The Composition and Admin- from the Colombian Commission been established. Each team con- istration Team of Jurists to the Zimbabwe sists of team leader(s), deputies Women's Resource Centre, from and interested NGOs. The respon- The Investigation Team the Conseil National des Barreaux sibilities of the Teams include or- The Trial, Appeal and Review (France) to the Indonesian Legal ganizing meetings with govern- Team Aid and Human Rights Associa- ment delegations and the interna- The Penalties Team tion. And yet amidst this diversity, tional CICC and reporting on de- The Cooperation Team

PURL: https://www.legal-tools.org/doc/ab670c/ A Court That Is Worth Having

Ministerial statement by the these negotiationsshouldbea court peace and security. The prospects Honourable Lloyd Axworthy, that is worth having, even if this for lasting peace and reconciliation Minister of Foreign Affairs to means that some member states are severely undermined if war the Preparatory Committee on may not be prepared to accept it at criminals remain at large. If there the establishment of an inter- this time. It is all too easy, in com- is no impartial means to uncover national criminal court, April plex negotiations such as these, to truth and administer justice in the 1998 gel hogged down in the details, or to aftermath of war, societies will find try for an agreement at any cost. I themselves plunged into continued Thank you for providing me with believe that we can reach agreement cycles of violence. It was in response this opportunity to express my views on a truly effective court — and that to this dear n eed to bring war crimes to the members of the Preparatory we must do so, if we arc to face up to and crimes against humanity tojus- Committee. I am here today to re- the global challenges of a new era. ticG, that the international commu- o affirm the importance of the work nity established the International that you are doing to establish an In- Xew Forms of Conflict in a Tribunals for Rwanda and the CD ternational Criminal Court (ICC). Changing World f orme r Yugoslav! a. Theyare impor- Having just returned from the The last decades of the 2Oth century- tant bodies in their own right, and c_ C Balkans, I have seen very dearly why are proving to be a time of profound have done excellent work. The ef- it is that the world needs such a changeonaglobalscale. Therehave forts of the Chief Prosecutor for the CD body. If anyone doubts thedose link been developments to celebrate — Tribunals, Madame Justice Louise between impunity for war criminals the spread of democracy, the end of Arbour, have been instrumental in Oi and regional peace and security, I the Coid Wa r stand-off—but others their recent success in bringing per- recommend that they visit Bosnia. that are cause for deep concern. sons indicted for war crimes before ο -ο I am here also to reaffirm Canada's One of the most worrying trends, in the Tribunals, and in garnering fi- 00 strong support for these negotia- my view, is theincreasing prevalence nancial and political support for this tions. I believe that we have useful of one form of conflict: wars fought work. The two Tribunals also serve experience that we can bring to the within, not between, states. The as an invaluable precedent for the process on a number of fronts, in- conflict in Bosnia exhibited all the creation of an International Crimi- cluding our long history of the coex- symptoms of this form of conflict: a nal Court — a permanent body that istence of two legal systems — civil bitter civil war, sparked by ethnic would provide the international law and common law — within one differences, that destabilizes an en- community with a means to address country. tire region. In these internal con- more broadlythe problem of impu- More recently, Canada's experience flicts, civilians generally suffer the nity for those who commit war in the campaign to ban anti-person- most, and children and women are crimes and crimes against human- nel landmines taught us some im- often deliberately targeted. These ity. portant lessons about operating in a are wars in which the firing line new international landscape. The passes through the hearts of people. Fundamental Principles: first of these was the important rale The traditional tools and institutions Building a Court that is Worth that civil society can play in moving of international diplomacy were not Having forward the international agenda. A designed Lo respond to this form of An International Criminal Court true partnership between govern- intra-state conflict. We learned this worth having would be independent ments and non-governmental lesson the hard way during the bit- and effective, and based on a num- groups was the prime m over behind ter, genocidal conflicts in Rwanda ber of key principles. the process that produced a and the former Yugoslavia. Those First, it is essential that the Court landmines treaty with unprec- terrible events spurred the interna- have inherent jurisdiction over the edented speed. There is scope for a tional community to work together core crimes of genocide, crimes similar synergy of effort as we work in new ways. We are beginning to against humanity and war crimes. toestablishthelCC. The landmines develop newtools to prevent conflict We cannot accept a regime that campaign also taught us that you get when possible, and to rebuild last- would allow states to gain the pres- a better resultby building agreement ing peace when prevention proves tige of ratifying the ICC Statute with- up from basic issues of principle, impossible. out ever accepting the Court'sjuris- rather than by negotiating down to diction over a particular crime. a lowest common denominator. If Challenging Impunity: The Second, the ICC must have a con- the landmines convention had been Need for an International structive relationship with the watered down to reflect all the con- Court United Nations, in which the inde- cerns raised by every country, the A key element of healing war-torn pendence and impartiality of the resulting document would have been societies is restoring the rule of law Court are preserved. The Security worthless. and ending impunity. This is not Council has a useful role to play in Similarly, I believe that our goal in just a matter of justice, but also of referring matters to the ICC, as this

6 PURL: https://www.legal-tools.org/doc/ab670c/ the mainstream of its functions. Above all, we need political will at This requires both the Statute and the highest levels. We must show the day-to-day functioning of the our determination to agree soon on Court to integrate a gender perspec- a set of tools and institutions with tive. Rape, sexual slaveryand other which to respond to the challenges forms t)f sexual violence must be of a new era. recognized as warcrimes and crimes The ICC will have pride of place against humanity in theStatute, re- among these. The international flecting the landmark decision made community must not wait for an- at the UN Conference on Women in other catastrophe before establish- Beijing. ing a permanent body that is man- Children are often doubly victim- dated to respond to the atrocities ized, particularly in internal con- that so often occurin armed conflict. flicts, as ci\ilian victims of war and As the century draws to a close, the as child soldiers. The Court should creation of the Court would be an have a mandate to try those who re- important and fitting accomplish- will increase the effectiveness of the cruit children into armies or armed ment. CO Court. We must not, however, allow groups, or who use them in hostili- o the Court tobe paralysed simply be- ties in any way. It is my hope that o cause a matter is on the Security the world will soon recognize 18 as Council agenda. A temporary sus- the minimum acceptable age for re- pension of Court activities may be cruitment and participation in hos- φ necessary in some tightly defined tilities. Finally, the mandate of the c situations, such as delicate peace ne- Court to deal with war crimes must JH THE RECORD j ZI gotiations where Chapter VII mea- extend not only to conflicts between —) sures are under way. In Canada's states, but also to those within states. Nongovernmental groups that are' ω view, such a power should be exer- This century has seen a dramatic es- not able to attend the Rome Con-| cised only by a formal decision of the calation in the prevalence and bru- ference will be able to receive ι ο Security Council, and should expire tality of internal armed conflicts, of daily digest of the conference by- c: after a specified period of time. which civilians increasingly bear the email. The digest will be called ONl Third, the independence of the Pros- brunt. It would be short-sighted to THE RECORD. It will be put tO-| gether everyday by an experienced· ecutor is essential. Heorsheshould create a Court that does not reflect international team and sentout to· be able to initiate a proceeding ex this reality. Washington, where it will be refor-| officio, ratherthan having ICC juris- War has taken on new forms, forms matted and distributed out to a· diction only "triggered"1 by a state that exact a severe human toll. In wide network of interested groups, complaint or by a Security' Council response, we must turn our old ap- and individuals. Over three thou-l sand readers have expressed inter-| referral. proaches to peace and security on est. To be added to the distribution· There is, I believe, a growing inter- their heads. Our primary aim must list, contact Barry King:· national consensus around these become the preservation of human [email protected] or inquire! cornerstones. Regional preparatory lives and human dignity. We cannot through the CICC Monitor. Γη| consultations, starting in Vancouver allow ourselves, as we lay the foun- Rome, the ON THE RECORD! TEAM can be reached through thel five years ago and culminating in the dations of the ICC, to forget our ul- CICC until further notice. | recent meetings in Dakar and Gua- timate goal: not the Court as an end Provisional contents. ON THE· temala City, played a key role in forg- in itself, but peace, reconciliation RECORD wilî reflect the concerns! ing this consensus. and justice for the victims. That is and interests of the nongovern-l why building in the needs and rights mental community. It wll bel organised along the following, Fundamental Principles: Λ of women and of children is so im- lines: Part 1: Highlights of the day,! Court with a Human Face portant. It is also why the voice of Action agenda; Part 2: Main issues j A Court built upon these corner- civil society, of those who most of- and principles; Part 3: Caucus· stones will function effectively. Itis ten bear the brunt of conflict and of themes (gender; survivors/vic-J equally important that the ICC be reconstruction in its aftermath, tims; children; faith;weaponsandl peace; humanitarian); Part 4: The! constituted so that it addresses real should be heard. Outlines of the court (applicable. problems on the ground. That law; budget; procedure etc); Part' means focussing not only on rebuild- Conclusion 5: Political developments; Part 6.| ing peace through reconciliation, but I am following the progress of your Miscellany Çs'GO news; What the· also on providing justice for the vic- negotiations closely, and would en- world is saving about Rome; con-! temporary war crimes; letter boxl tims of conflict — victims who are courage my colleagues in other -interactive). I disproportionately women and chil- member states to give their attention Independence. ON THE. dren. to this very important exercise. To RECORD will be working closely" The Court shoul d be sensitive to gen- succeed, we need clear-headed re- with the CICC, but will have edi-| der issues emerging from the expe- solve to cleave to certain fundamen- tonal independence. The CICC will ι not be responsible for the contenL rience of women in armed conflict, tal principles; we cannot allow our- Of ON THE RECORD. and should incorporate them into selves to get bogged down in details.

PURL: https://www.legal-tools.org/doc/ab670c/ DRIP BY THE AMNESTY INTERNATIONAL PAVILLION TO WATCH THE CONFERENCE INABI6 The Paviltion /.ι I locale d at Piazza Ie U. lu Mai/a, on lite left side of Ci fco Massimo < walking away from tl\e FAO building) O B P ί_ c CALENDAR OF EVENTS D Monday 15 June, H. 16.OO (1919-1995)" and "Verso ristituzione di un Tribunale Φ Piazza del CampidogHo Penale Interaazionale" Organised by Helsinki - Watch Committee Italy. In Οι Welcoming Ceremony for the participants to the Dip- lomatic Conference cooperation with Centra Studî e Ricerche sui Dirirti dell'Uomo of LUISS University O O CO Monday 15 June, H. 12,3 O CICC press briefing. Sponsored by the NGO Coali- Thursday 18 June, H.9.3O tion. Sala of Facolta' Vatdese di Teologia International Conference on "Impunita' e scomparsa Tuesday 16 June, H.1O.OO : il caso dei desaparecidos in Argentina" Organised by Lega per i Diritti e la Liberazione dei "Seminar on ICC and gender issues" Popoli Organised by the Caucus of Italian Women in coop- eration with Women's CAUCUS for Jender Justice, women campaign of Amnesty Thursday 18 June, H.18.OO International, ADM, Ministry for Equal Rights, Min- At Pavilion istry of Social Affairs, National Commission for Equal "Intellectuals.on the dotted line". On the occasion of Opportunities at the Presidency of Ministers's Coun- the 50th Anniversary of UDHR, Al's Italian Section cil. invites intellectuals to state its commitment to the Universal Declaration Principles by signing its "Great Tuesday 16 June, h.11.30 Book" of Signatures FAO Headquarters Press Conference of Terres des Hommes - Italy- Swit- Friday 19 June, H.9.3O zerland - Spain - Holland - Germany : "The Voice of Sala dei Mosaici, Ministry of Foreign Affairs, Piazza Victims's Relatives" della Farnesina. 1 International Conference : "ICC and Children's V.O.I.C.E." Organised by Terres des Hommes, with Wednesday 17 June, H.ll.OO the participation of : Amnesty International - Cam- paign for Minors, BICE, Caucus on Children's Rights At Pavilion in the ICC, Human Rights Watch's Children Project, Piazzale Ugo La Malfa Ecpat, No Peace Without Justice International launch of Amnesty International's An- nuaTReport(1998) Friday 19 June, H.2O.OO Wednesday 17 June, H.17-OO At the Pavilion Theatre Play on Children' Rights offered by AIDA At "Gli Incontri Delia Rotonda" Foundation (Verona, Italy) and sponsored by Am- Via della Rotonda 36 nesty International Presentation of two books : "L'Italîa e îa giustizia penale internazîonale

PURL: https://www.legal-tools.org/doc/ab670c/ Üiiiii'.JuiH.l. I!I!IS Pentagon < ri ι iHsm of World Criminal Court Raises Stakes

UNITED NATIONS [he U.S. Defense nations to become more directly supporting the ICC's creation. Department has involved in negotiations on the Pentagon briefs have made warnings made no secret of Court. In fact, as one Defense of ICC powers that do not reflect the its opposition to memorandum puts it. Pentagon judicial review to which the Court I the idea of global officials «strongly recommend that and its prosecutor will be subject, or court lo try war crimes - but ils (other nations' military attaches) the role national courts would play campaign against an International take an active interest in the before any ICC investigation starts. Criminal Cour! is having unin- negotiations regarding an Pace argued, tended effects. International Criminal Court», The other flaw in the campaign, In March, Pentagon officials «Frankly, that's like asking the as one U.S. activist said on condition kicked off an unusually public foxes lo help get involved in of anonymity, is that it makes it .seem campaign against the proposed ICC designing (he chicken coop,» Dicker as if the Pentagon's policy is at odds when u called in more than KM) argued. with that of Clinton and the U.S. military allaches from around the Pentagon officials are adamant State Department «I'm sure many world to warn them of the potential that they have not been doing any voters in the Uniled States would be threats the Court could pose to iheir lobbying. «There was no arm- concerned at Ihe idea that, in many armed forces. twisting — it was awareness- areas, the Pentagon has its own «It came as a real foreign policy.» he bolt from the blue,* said. Richard Dicker, as- At any rate, sociate counsel for many analysts of Human Rights Watch, the U.S. stance on said of the March brie- the Court believe fing. Immediately, the Pentagon's do/ens of military fears that the ÎCC chiefs — many from could prosecute countries with records U.S. military of- of military involvement ficers around the in human rights abuses world have swayed — made «franticcalls» Washington away to diplomats involved Irom supporting a in selling up the ICC to strong Court. express their own Ambassador David concerns about the Scheffer, the lead Court, he added. U.S. negotiator on The effects of the the ICC, has Pentagon-led campaign repeatedly cited the are unclear as the live- need lo maintain a week meeting to create the Court raising,» said Frederick Smith,prin- strong military and peacekeeping begins here. Some human rights cipal deputy assistant secretary of presence around the world as a officials and ICC supporters are defense, of the March briefings. reason to insist, for example, on worried that the Pentagon's efforts However, some of the Pentagon's Security Council oversight - and could sidetrack the Court — and efforts may have backfired precisely therefore U.S. veto power - over the even may work against the goals of because — as Cherif Bassiouni, ICC. President Bill Clinton and the U.S. deputy chair of the U.M. committee Whether or not military officials delegation at Rome. which prepared the draft statute for worldwide push for a weaker Court, Since March, Dicker contended, the ICC, put il — «they went alter oneresultof thePenlagoncampaign there have been «numerous times a fly with a shotgun». is already clear: there will be many- when U.S. military officers have The scope of the campaign has more military officials arriving for taken the opportunity to weigh in not prevented nearly 50 nations, the Rome meetings than had been with their counterparts». In their from Western Europe to Southern previously expected, Dicker argued. meetings, ihc U.S. Defense officials Africa and Latin America, from Many of them are coming from declared their opposition to what one supporting a relatively strong Court nations which have only recently Pentagon memorandum called and independent prosecutor. experienced transitions from «overly broad and vague definuions More importantly, the campaign military rule to democracy. «It is a of war crimes» and prosecutors with has sometimes made its own errors, profoundly disturbing develop- « unbridled discretion to start noted William Pace, convenor of the ment," Dicker said. investigations». Coalition for an International Crimi- The upshot may he to encourage nal Court, a grouping of non- military officials in tio/ens of governmental organisations 9 PURL: https://www.legal-tools.org/doc/ab670c/ Rune, Jine 15,1998 :I want to be a child, not a soldier'

UNITED NATIONS «I don't know my age,» suffering from war crimes. «I cannot be recruited — a shift from confesses J.B. Toe, a demobilised make no excuses ... but we have the UN Convention on the Rights Libcrian soldier. «I were raised in to bear in mind that Ihose children of Ihc Child, which sets the age of Ihc hand of' rebel — they don't themselves are the saddest, and 18 as the cut-off line. If the know age business.» most pathetic victims," she pro* ision stands, armed forces that Toe was recruited to fighi for argued. use ehild soldiers could then be one of Liberia's many armed So far. go\ emmcnLs are under prosecuted by the 1CC. factions around 1993, when he was little pressure to prevent the forced The ICC is now being hailed probably about nine years old, recruitment or abduction of child by experts — ranging from human according to the non- soldiers — even though the rights aelnists to clinical governmental organisation Save Convention on the Rights of the psychologists — as a major step ihe Children. Child explicitly discourages the in helping to ease the pain of »I were jus! innocent child use of children below the age of" victims of war crimes. (then),» he told Una McCauley, 17 in armed forces or militias. «The establishment of a Save the Children's Liberia In Ihe draft statute for the permanent ICC...is a milestone in programme manager. -

tn International Criminal helped lo rally the public to push William Pace, convenor of the «Court (ICC) becomes a their governments. That pressure has Coalilion for an International Criminal reality, credit should go to been credited especially wiih the Court, noted that NGOs have already massive public support lor a global creation of the Landmines made their presence felt before the start court to try war crimes, non- Convention, which was opened lor of the ICC meetings in Rome. At least governmental organisations (NGOs) signature m Oltawa in December 235 NGOs had received accreditation contend. for the Rome sessions a week prior to «World public opinion...has been The NGOs «have caused an the outset of the meetings, he said. rf the driving force for Ihe establish- eihical ihrusi forward.» argued Ro- ^ ment of the Court,» argued Man no berto Sa vio, director-general oflnter More importanily, the NGOs arc _ Busdachm, secretary-general of Ihc Press Service. He contended that in hoping lo mobilise continuous popu- χ NGO 'No Peace without Justice' at the modern era, it is not only capital lar support for a strong Court — a ihree-dav meeting Ihc group but also people that are subject lo including rallies in Rome that will iast ^ hosled on the ese of ihe ICC globalisation — a process Ihat throughout ihe five-week conference. ^ meetings here. allows for common values to be That public support will be especially expressed and articulated by peoples necessary «when deals are being made ThcICC is one of several recent campaigns — including last year's and NGOs around the world. - and deals will certainly be made» on campaign to ban anti-personnel ihe powers conferred on the Court, landmines and lo eslablish a «The globalisation of people is argued Florence Martin, a convention against greenhouse gas a fundamental part of the struggle representative of Amnesty emissions — where NGOs have against impunity,» Savio said. inlemaiional. 10 PURL: https://www.legal-tools.org/doc/ab670c/ '!> " "\

whcl% ly m Réfêe 15 alarffiü-with Ihe prospect! " want to\vcfiryoï^K:olourcü clothing jusi'to be on the sa te Mala> si aSfscti \ists side.... want an ICJEthat is insulated trorrrp'blitical pressureœmmgÎrom ihe The conference begins on a sad note. Adriaan big powers, lesl it become ι Bos, the Dutch legal adviser who has shepherded another venue for the (he draft statute for the ICC through several unilateralism (hul crilics A warning to all preparatory committee meetings in New York, will not nf ihc current political internal) on a! delegates be able loattend most of the five-week session. Bus. who order have been arming for the ICC has been ill in recent day*, will likely be icplaced as chair complaining about conference: watch oui for Of the drafting committee by Philippe Kerch, legal adviser Asked what an indepen- Hying pioducc! Last for Canada's foreign ministry.... dent court would be like, week. Iranian Foreign Has US President Bill Clinton already pri\ ately shifted political analyst and Minister Kama! Khara/./.i the L S stance on Security Council ι el« power m c f the writer Han Yew Teng attended the UN Drug Court? According to Morion Halpcrin, a Ibrmer US said: «A truly indepen- Summit in New York, national security adMser, Clinton is likely ro send new dent ICC would not onlv only 10 be pelted with instructions to US negotiators here i n Rome, which would go after people like eggs promptly upim allow them to accept the 'Singapore com promise'.Under Saddam Hussein ("or exiling the UN this formula, the Council would nol ha\ c to approve the invading Kuwait, but Secretarial building ICC's docket — but could instruct the ICC not to Like uould also go after Four Iranian-Americans certain cases if the 15-nation Security Council \otcs people like George Bush were quickly arrested by aft'irmali vet y to do so. No official sign from Washington for bombing Iraqi police and charged with yet that such a compromise - which the Republican US civilians -- including '«assaulting an Congress would oppose - is in the works..., women, children, the old internationally protected and the sick - during the person». There's no sign Gulf War...» • * · ·

val ol contemporary Bnlish cinema, perfor- ming and visual arts. Until 27 June. Opening hours: Mon-Sun 10-21. Via Nazionaie. Closed Tuesdays. Borghese Gallery: Set m the magnificent Villa Rorghese Gardens, (he museum was only reopened to the public laslyearafter Dante being closed lor 14 years, so booking is ' II Pipistrelle [ llie BalJ.Quinlissentially necessary! Tel 328101. A special Viennese operetta and greal musical EXHIBIT« exhibition of Bernini's sculptures is comedy by Johann Strauss II. major museums and showing until 20 September to Choreography by Ricardo Nunez with now open in Ihe commemorale the 400th anniversary of MargarellllmanandRuffaelePaganini, evening ihe Baroque master's birth. Opening Tealro Argenlina, Largo Argentina. hours: Mon-Sat 9-22; Sunday and public Until 20 June. Tel 481602, Palazzo Altemps: Recently reopened lo hoi-day^ Ç-2Q, Piazza Scipione Borghese 5. 'Pizzica...Pi7zica'. Choreography by D. Îhe public, Ihe museum now houses Villa Medici: The beautiful gardens and Cenli and 0. Forioso. Teatro Colosseo, Italy's most important archaeological premises of the Villa Medio, Ihe site oi 9 pm. Ticket price to be announced. treasures, including the famous Ludovisi Ihe French Academv in Rome, are now throne. Opening hours:Tues-Sat9-21.45; open lo the public every summer until Cinema Sundays and public holidays 9-19.45. the year 2000. The work of 20 The following cinemas show films in Guided tours by arrangement. Tel contemporary painters is also on show. English or with English subtilles on 520726. Piazza S. Apollinare 44-46. Opening hours: Tues-Sunday 11-13 and Mondays: Closed Mondays. 16-19,30. Until 30 August. Viale Trinilt • Alcazar, Via Merry del Val 14. Tel Vatican Museums four different guided dei Monti. Closed Mondays. tours of these extensive museums are 5880099 Palazzo delle Esposizioni: Catch an • Majestic, Via SS, Apostoli, 20. Tel offered. Hours: Mon-Sa! 8.45-13, Entry exhibition of Halo-Argentinian sculptor 6794908 15 000 lire (10 000 lire reduced rate). Luigi Fontana's life works, to • Nuovo Sacher, LargoAscianghil, Tel Tel Ó8884466. Viale Vationo. commemorate Ihe centenary of his birth. 5818116 Closed Sundays, Until 22 June. Also The UK Today festi- •PasquinaVirolodelPiede.Tel 5803622

PURL: https://www.legal-tools.org/doc/ab670c/ risen to 80 and that another 6(1 people were missing and feared abducted. Slate-owned New Vision reported lhat 60 people - mostlv students and soldiers - were killed in Kichwamba Technical Training College, 316 km west of the capital Kampala, by the rebel Alliance of J FROM THE IPS WIRE Democratic Forces (ADI-). The ADF, which is seeking 10 Move to Eliminate Nuclear Weapons lopple the government of President Yowcri Museveni, operates in UNITED NATIONS western Uganda on the border wiih Ireland and Sweden are spearheading a move for a resolution culling for the Democratic Republic of Congo measures leading to the lota] elimination of nuclear »capons worldwide. "We (DRC). Museveni, himself a former are looking for a millennium free of nuclear weapons," say s Michael Hoc v of rebel leader, said ADF included Ireland, notorious security agents in the If the IBS-member General Assembly adopts Ihe proposed resolution by regime of dictator Idi Amin whose the end of Ihe year, it will be the first time that the United Nations has called soldiers slaughtered up to half a for Ihe abolition of" nuclear weapons. Bui the move appears destined to mil lion Ugandans between 1971 and encounter opposition — or only lukewarm support — from the world's 1979. five major nuclear powers, the United States, Britain, France, China and More than 10,000 children — Russia. mostly schoolchildren — have been All five countries hold the power of veto as permanent members of the abducted by rebels inUgandadunng U.M. Security Council and traditionally have cold- shouldered any proposals the past three years, according to the U'diminaic nuclear weapons from their arsenals U.N. Children's Fund (Unicef). The The declaration also bears the signatures ol'the foreign ministers of Brazil, mam culprii is the 1-ord's Resistance Egypt, Mexico, Nciv Zealand, Slovenia und South Africa. Hoey says the Army (LRA) which is holding 21 declaration was planned long before the recent nuclear tests by India and schoolgirls abducted on Oct 10. Pakistan although he notes that the series of underground tests by the two 1996. South Asian countries adds urgency to the déclaration. The ministers arc calling on the governments of the five nuclear weapon Alienation Fuels Revival of nations and the three nuclear-weapons-capable states - India, Pakistan and Israel - to commit themselves "unequivocally" to the elimination of their Japanese Cult respective nuclear weapons and nuclear weapons capability, TOKYO Its leader is in police custody and Embargoes boosted Indian nuclear programme many of its former members are marginalised, but the religious cult NEW DELHI behind Ihe deadly nerve gas attack An abundance of naturally-occurring radioactive thorium and a pool of on a Tokyo subway three years ago dedicated scientists have helped India beat discnminatory embargoes and is attracting fresh recruits and build a fiercely independent atomic energy programme. rcvitausing itself. According to Dr. Raja Ramanna, 70. the man who oversaw India's first "Aum is growing again and this nuclear test in 1974. various technology control regimes imposed since then resurgence illustrates a disturbing have only stimulated India to cut its own nuclear path. apathy in Japanese society and Now a member of India's Raj y a Sabha or upper house of Parliament, points to the loial alienation fell by Ramanna thinks that treaties such as the Comprehensive Test Ban Treaty many young people here."says (CTBT) and nuclear Non-proliferation Treaty (NPT) have more to do with lawyer Taro Takimolo, who heads limiting the spread of technology in the developing world than with security the Canary Association, a group of reasons. lawyers and counselors helping After the United Stales backed out on contractual obligations to supply victims of the cult. Police say low-enriched uranium, the country's atomic scientists struck out on their own membership in the Aum Shmnkyo and switched to a new programme based on thorium, of which India has the religious cult is expanding rapidiy, largest known deposits in the world. "We gained vast experience by handling causing an.xiely especially among its the highly radioactive Uranium-233 which could be made by processing victims, some of whom are slill thorium." Ramanna said. trying to overcome the trauma. The sann gas altack in March Kids murdered, forced into rebel armies in Uganda 1995 killed 12 people, sent Ihousands of people to hospitals and NAIROBI shalteredJapan'simagciis acountry Tales of murder, kidnap and forced recruitment of children into the rag-tag bvelv free rebel armies seem lo be in vogue in Uganda. The latest incident occurred incJriwX^K blin