NO PEACE WITHOUT JUSTICE INTERNATIONAL JUNE 16,1998 U.M. CONFERENCE Oil THE ESTABLISHMENT OF AM INTERNATIONAL CRIMINAL COÜRI Annan Throws Down Gauntlet ROME . nited Nations of adherents. 'Tor the Court to be (Secret ary-Geacra] credible and to stand the test of lime, Kofi Annan Kicked it has to be seen as independent and off Ihe five-week strong." he told reporters. meetings here by "I think for a court to be calling'on all nations to create as independent...ÎI implies (hat no one slrong and as credible an body, no unil and no organisation International Criminal Court (ICC) should be able to influence unduly as possible- even ifnoi even nation what the court doc-s," he added. "To «me El immediately accepts the results. have a weak and ineffective Court "Obviously, you must aim for will not solve Ihe problem." » statute (to create the ICC) accepled The secretary-general remained CICC MONITOR INSIDE and implemented by as many states optimistic that over time, as possible." Annan told delegates "tremendous international pres- trom 186 nations Monday morning. sure" could rally latecomer nations "But the overriding interest must be - the ranks of which already are isolated instances of malfeasance, that of the victims, and nf the expected to include the United Schcffer said. If the threshold international community as a whole. States - to sign on board. requirement for the Court's actions I trust you will not flinch from In that respect, Annan argued, involves sufficiently major, large- creating a Court .strong and the treaty might be part of the same scale crimes, he argued at a week- independent enough to carry out its trend as last year's Landmines end panel organised by the group task," Convention, which opened for 'No Peace without Justice', many of Still, he said, many nations' signature last December in Ottawa the disputes over the ICC "will concerns about the Court are serious despite Washington's public dissipait very quickly." and must be dealt with fairly. opposition to Ihe treaty's strict terms. The United States has also been "Some small slates fear giving Massive grassroots pressure helped insistent on other issues, such as pretexts for more powerful ones to swing support behind the treaty, and some form of restriction on Ihe set aside their sovereignly," he said. Ihe U.S. government has indicated authority of the prosecutor and a "Others worry that the pursuit of it may join the landmines ban. degree of Security Council control justice may sometimes interfere although not immediately. over Ihe ICC docket. with the vital work of making "In my judgment, it is a new Morton Halperin, vice president peace." diplomacy," Annan said of the of the Twentieth Century Fund and As many diplomats here conce- grassroots-led campaigns. "It a former Pentagon official, said that ded, the choice may be between a doesn't threaten me and it doesn't the While House is considering Court which has strong powers and worry me —in fact, I welcome it." support for the 'Singapore substantial independence, but few Nevertheless, the diplomats compromise', under which the adherents, and a weaker body which gathered for the ICC meetings \iill Council could temporarily remove could be ratified by a wider number face an uphill challenge in preparing items from Ihe ICC's agenda but of nations. a document that can be both the basis would not oversee its entire docket. Tony Lloyd, secretary of slate for Ά sirong court and a widely- Sclieffer did not specify what for the British foreign ministry, acceptable text. Already. option Washington will back during admitted that it could be better to Ambassador David Scheffer, head of the coming weeks. But he insisted have a Court granted considerable Ihc US delegation, warned that Was- that,"i Γ the debaie descends to ihere jurisdiction, even if some nations hington will not be willing to accept being no ro!e whatsoever (for the slay outside the treaty governing the debate on certain topics that infrin- Security Council), Ihen I think we Court for a few years. But the ICC ge either on sovereignly or Security will have a very difficult discussion would need at leasl Council powers. here at Rome.'' adherents to be effective^ Principal among US demands Already, Annan said, the road to Lloyd added.^^j are that the Court handle "mass the conference has been a long one. Annan alsdWMa wiU killings" and other major crimes, 1 'It is said al! roads lead to Rome," rst for a sÎAo <-1φ anc rather than individual acts he .said Monday. "But not all lead Hff'nHBfcne that hasK-ide number committed by military officers or there drreclly."Fi(f7ii7rt HaqUPS PURL: https://www.legal-tools.org/doc/fb5e35/ Rome, June 16, Terra Viva is an independent A Court For publication of Inter Press Service Publisher Every Crime? Roberto Savio ROME "We all have become more Managing Editor opening of the aware of the extcnl to which crimes Alejandro Kirk Conference on Ihe of sexual violence are committed in Editor armed conflict." addedTony Lloyd, Johanna Son International Criminal Court (ICC) resembled many other Britain's state minister of foreign Senior Reporter global meetings in combining affairs. "The definition of war Fa rhan Haq statements about the gravity of the crimes to be contained in the statute Reporters should therefore make explicit that Alison Dickens task at hand with lists of what goals Jorge Pifia should be accomplished. gender-related crimes are also Ste'ano Palumbo Different world leaders included." Art suggested different tasks for Ihe Axworthy argued Ihat the ICC Win-iie Dobire ICC, from combating drug should also "have a mandate 10 Photographers trafficking to ending the exploitation prosecute those who recruit children Andrea Cavalieri of children and sexual slavery. under 15 into armies or armed Vlihai Romanciuc Italian President Oscar Luigi groups or who use them in hostilities Chief, Technical Services Scalfaro got the hall rolling by in any way/' calling for the ICC to handle such Yet the age of 15 is not tasks as abusive child labour and universally agreed to as a cut-off for IPS-hter Press Service is an child pornography. recruiting soldiers. Some nations international non profit asso- "A Court worth having is one wani to place the cut-off higher, at ciation of journalists ,t enjoys that addresses Ihe real problems on the age of 18, as was recommended NCiO consultat'vc status ihr ground," said Lloyd Axworthy. in the UN Convention on the Rights (Category I) with the united Nations Economic and Social Canada's foreign minister. "Thai of the Child. Council. means focusing not only on •'We hope Ihat states will soon Terra Viva r= also available on t ho rebuilding peace through recognise IS as the minimum Internet ',\t http://WLfM.ip5.org/icc reconciliation, but also on acceptable age for recruitment and responding to the nedds of the participation in hostilities," Boris Printed at FAO victims of conflict - victims who are Friec. foreign minister of Slovenia, disproportionately women and proposed Monday. children." Even as some nations have Terra Viva is produced in Axworthy called for the Court to pushed for specific causes for the partnership by IPS and the non-governmental deal with "rape, sexual slavery and ICC to take up. other criminal organisation No Peace other forms of sexual violence", all activity has receded from proposals Without Justice International, of which he said could qualify as war for the Court's agenda. Drug with funding from the crimes or crimes against humanity - trafficking, which Trinidad and European Union and support from the Coalition for an Inter- two of the three core crimes on the Tobago originally proposed as the national Criminal Court. ICC docket. reason for an international court in Several NGOs have pointed to 1989, has dropped outside the ambit the use of sexual slavery in war - of Ihe Court's 'core crimes', and from the case of Ihe 'comfort may therefore fall outside the ICC women' raped by the Japanese Army agenda entirely. ΐ- NO reecE WTTHOUT JUSTICE during the Second World War to the Trinidadian foreign minister kidnappings and sexual servitude of Ramcsh Maharaj acknowledged Ihat the 1- for ar. I nisr national women in Algeria's ongoing conflict issue of drugs seems to have receded Criminal Court today - as examples of how sexual since 1989, but lauded the efforts to violence has itself become a war create "animpartial and effective body" lactic. to grapple with war crimes. PURL: https://www.legal-tools.org/doc/fb5e35/ Romp, June 16,1998 China Keeps Wary Eye on Interference' by Tribunal BEIJING jurisdiction of the ICC shouldn't countries' internal affairs. ils formal substitute that of the national court Its respect for the principle of endorsement of the of the country. The ICC should act non-interference is such that China tTL'i-, lion of an as a complement to the national ju- did not join global appeals to create Interrational Criminal Court (ICC). dicial system." a tribunal to bring to justice China remains wary on issues thai By calling for the consent of Cambodia's mass murderer Pol Pot may erode the principle of naliunal state parties involved before the and his genocidal Khmer Rouge, sovereignty il so jealously guards. ICC can exercise its righl of calling the matter an internal affair. For Beijing, among (lie mosf jurisdiction, the Human Rights The reasons for Beijing's restraint touchy questions are how wide the Society ruled out the possibility that are complex, but its unwillingness ICC's scope of powers (o be subjected to similar would be, and how it ..