Archive on General Documents, Analysis and Articles on the ICC

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2002 | 1999

2002

Why UN Court Can Have Bite Once Teething Troubles End (July 31, 2002)

Despite pessimism in the US about the worth of the ICC, human rights advocates see the world court as the key answer to resolve protracted conflicts like the Middle East. With Jamaica and Colombia progressing to ratify the Rome Statute, the ICC is gaining overwhelming support. (South China Morning Post)

International Criminal Court: Immunity for Peace-Keepers is a Set Back for International Justice (July 15, 2002)

Public statement made by Amnesty International in regards to Resolution 1422, which effectively grants peacekeepers immunity for a period of 12 months. Amnesty considers such resolution unlawful and a blow to international justice as well as to the international community's efforts to hold criminals accountable.

Bosnia Mission Mandate in Question, as Security Council Debates Legal Exposure of UN Peacekeepers (July 10, 2002)

Press release of the UN Security Councilopen meeting showing an overwhelming support for the ICC by member states and a rejection of the US proposal of granting the Council the power to override international treaties.

Why Does America Fear This Court? (July 9, 2002)

European Commissioner for External Relations, Chris Patten, responds to American concerns over the ICC. The US is undermining its own past efforts in international justice and is bridging the gap between its power and "moral consensus." (Washington Post)

Letter from UN Secretary General Kofi Annan to US Secretary of State Colin Powell (July 3 2002)

Secretary General Kofi Annan evaluates the US proposal as a measure which would discredit the Security Council and offers invaluable advice on how to overcome the current deadlock.

The Time of Human Rights (July 2, 2002)

Italian commentator argues that the ICC will put an end to "moral double standards". Ironically, the power of international law was born at the Nuremberg's trial thanks to US support. "Why forget that lesson?" (La Stampa)

Tipping the Scales of Justice (July 1, 2002)

What is at stake in the current UN Security Council deadlock is much more than immunity for peacekeepers, it boils down to conflicting principles on international criminal law and human rights. US efforts to "strangle (the ICC) at birth" raise many questions regarding its credibility as a global leader. (Economist)

War Crimes Court Comes Into Existence (July 1, 2002)

In what many countries consider to be one of the most significant triumphs of international law, the birth of the ICC denotes a post- and -pre ICC era in international criminal law, despite US opposition to such an advancement. (Associated Press)

Human Rights Are As Important As Ever (June 21, 2002)

Mary Robinson, UN High Commissioner for Human Rights, asserts that the "war on terrorism" is leading states to subordinate the principles of democracy and human rights to "more robust action" in national order and security. Joint international efforts in the establishment of the ICC, development and human rights are intrinsically tied to security. (International Herald Tribune)

Bangladesh and the International Criminal Court (June 13, 2002)

Former Bangladeshi Ambassador to the UN speaks of the impending need and benefits Bangladesh would enjoy from ratifying the ICC. Seen as "a safety net for the failure of national legal systems", the ICC will end –"if a person kills another goes to jail but if he kills 20,000 he goes to Geneva for peace negotiations"- situations. (Daily Star)

Punishing Crimes Against Humanity (May 31, 2002)

Despite the military tribunals following WWII and those for Yugoslavia and Rwanda, perpetrators of crimes against humanity have gone unpunished. The establishment of the ICC shows that those acts are not tolerated and will save time in the creation of ad-hoc tribunals, adding effectiveness and consistency to the court. (Africa News)

Slobodan Milosevic's Trial, and the Debate Surrounding International Courts (May 27, 2002)

By ratifying the ICC, Yugoslavia presents itself as a stronger supporter of international justice than the US. American attitude, on the other hand, suggests that international law is only applicable to "Serb or Croats but not to Americans". (New Yorker)

America Service Members Protection Act 2002

This text is the original version as introduced into the US senate. The Act deepens the US refusal to cooperate with the ICC and it gives authority to the executive branch to "use all necessary means" to "free members of the armed forces of the United States detained by the ICC."

1999

All for a World Court? (December 7, 1999)

Washington Times article discusses how the US's position on the sovereignty of the International Criminal Court has undermined its credibility.

No More Getting Away with Murder (February 10, 1999)

Article about the potential role and structure of an International Criminal Court with specific reference to the arrest of Augusto Pinochet in Britain.


Articles

2002 |2001 | 2000 | 1999 | 1998

2002

Civil Society Expresses Concern about Nomination Process of Judges to the ICC (December 2, 2002)

The NGO Coalition for the International Criminal Court (CICC) is concerned that some governments have ignored legal criteria for nominating individuals for judgeships. "The real concern here is not so much fudged election tactics," said William Pace, Convenor of the CICC, "but rather the effect mismatched qualifications will have on the Court's functioning." (M2 Presswire)

Quest for Credibility: International Criminal Court Faces Startup Challenges (November, 2002)

The International Criminal Court's early performances, such as appointing well-qualified prosecutors and judges, will be crucial to establish the Court's credibility. Legal experts agree that the way the ICC handles its first cases will be decisive for the US and other nations' opinion of the Court. (American Bar Association Journal)

Genocide Expert Lauds War Crimes Court (September 28, 2002)

Former prosecutor at the Nuremberg tribunals Benjamin Ferencz dismisses the US arguments against the ICC. As Washington is considering going to war against Iraq, Ferencz shows the irony in the government's refusal to back the court, as Saddam Hussein could have been tried in an international tribunal. (Journal News)

Rights: NGOs Win Fight For Equal Representation of ICC Judges (September 7, 2002)

In an NGO victory, a draft resolution ensures that elections for the 18 judges of the ICC represent "principles of ‘equitable geographical representation" and "a fair representation of male and female judges.'" (Inter Press Service)

Romania Shuns EU Over US Immunity (August 8, 2002)

To the disappointment of the EU, Romania – a candidate country - has signed an agreement to grant US citizens immunity from the ICC. Britain and Norway have also been approached but they are much more likely to decline. (CNN)

ICC Cannot Touch Israel (July 24, 2002)

According to legal experts, the Palestine Authority has no chance of taking Israel to the ICC, after the recent missile attack on Gaza City that killed 15 and injured more than a hundred. The ICC has jurisdiction only on those countries that have signed the Rome Statute, which Israel has not done. (OneWorld)

World Court for War Crimes Inches Closer to Reality (March 26, 2002)

Universal jurisdiction applies regardless of the nationality of the perpetrator. US citizens shall not be benefit from any exception once the International Criminal Court is established. (New York Times)

Vision of Global Crime Court Sees Light of Day (March 21, 2002)

The International Criminal Court is just a month away from achieving reality. It will complement the work of domestic courts to ensure that tyrants and despots no longer shelter behind the protection of national sovereignty. (Daily Telegraph)

2001

 

Plans Underway for Criminal Court (December 19, 2001)

Bitter criticisms have fused in the Netherlands when the United States reaffirms its opposition to an International Criminal Court, which will judge those responsible for the worst crimes of international law. (Associated Press)

Fate of Bin Laden Strengthens Case for Permanent UN Court (November 14 , 2001)

Osama bin Laden's future seems unsure in case he is arrested in a third country. In this circumstances, the need for an International Criminal Court becomes even more urgent. The US should reconsider its position, as it stands alone among western nations in rejecting the idea of a permanent court. (Agence France Presse )

Proposals for Definition of the War Crime Aggression (July 16, 2001)

The CICC has summarized the various proposals on the definition for the crime of aggression which were compiled and distributed at the end of the July/August session of the Preparatory Commission. (CICC)

European Union-Canada Joint Statement on Cooperation in UN Fora (June 21, 2001)

Here is the text of the agreement of the EU and Canada to cooperate to promote the ratification and establishment of the International Criminal Court. (EC Official Journal )

European Council Common Position on the International Criminal Court (June 11, 2001)

The General Affairs Council of the European Union adopted the EU Common Position on the ICC. This is the final text of the common position. (EC Official Journal )

Ethnic Minority in Pakistan Might Invoke ICC Jurisdiction (June 10, 2001)

Participants at a workshop in Lahore expressed fears that the ICC, like the Security Council, may become a tool of the sole superpower to selectively slap sanctions on other member states. Many fears of the participants were allayed by a former chief justice of the Sindh High Court, Mr Nasir Aslam Zahid. (Dawn)

International Criminal Court at The Hague Will Be a Disaster (June 8, 2001)

Although it is possible the ICC may become ratified within a year, the Dutch government has done virtually nothing to prepare for the establishment of the Court at the Hague. For starters, the Netherlands has yet to even ratify the statute.(De Volkskrant)

Growing Regional Support for International Court (May 29, 2001)

Countries from the Southern African Development Community met to examine the process of ratification and harmonization toward the establishment of the ICC. (IRIN)

Half Way Point Reached in Efforts to Establish Permanent International Criminal Court (April 30, 2001)

The Coalition for an International Criminal Courtwelcomed Andorra's ratification to the Rome Statute, the thirtieth of the sixty ratifications required. The process may go faster than expected, perhaps bringing the establishment of the Court before 2002.

The ICC Will Not Be the Threat to the Armed Forces That Some of its Critics Have Feared (April 4, 2001)

The ICC bill currently before the British parliament is far from perfect: the wording is so cautious that it would apply only to UK residents. (Guardian)

World Needs a Crimes Court (March 15, 2001)

The ICC needs American support. Without US leadership, money and intelligence, the new court has a slim chance of success, says the Christian Science Monitor.

Forces Fear War Crimes Threat (March 7, 2001)

As the UK starts the process to incorporate the ICC into the British law, military officials worry the ICC could lead to their own prosecution. (Guardian)

2000

 

PrepCom For International Criminal Court is Told of Growing Support For New Judicial Body(December 8, 2000)

The International Criminal Court is apparently well under way according to UN sources and progress has been reported in preparations for creating the ICC. The Rome Statute will come into force when ratified by 60 States; so far there are 24 ratifications. (UN Press Release)

South Africa Praised on International Court (November 27, 2000)

In becoming the 23rd state to ratify the Rome Treaty for the ICC, South Africa's ratification is seen as "a major step forward on the path to establishing the court." (Human Rights Watch)

ICTY's Success Underlines Desirability of International Criminal Court (April 10, 2000)

An opinionated article in The Guardianargues that with the capture of Bosnian Serb leader Momcilo Krajisnik, the case for a permanent UN Internationa Criminal Court is bolstered.

Remarks of Judge Richard May, Judge of the International Criminal Tribunal for the Former Yugoslavia, to the Fourth Session of the Preparatory Commission for the International Criminal Court (March 20, 2000)

Richard May of the ICTFY urged the Preparatory Commission of the ICC to make every effort in ensuring effective justice will be delivered at the ICC. Without addressing the practicalities and details of the proceeding process, the ICC would bear no more than its name. (Preparatory Commission for the International Criminal Court Press Release JL/P.I.S./479-E )

1999

Better Luck Next Century (December 10, 1999)

Published on the international observation of Human Rights day, this article offers a sobering look at 1999 from the perspective of human rights and makes a plea for the future of International Justice. (London, Guardian)

War Confessions Remain Sacrosanct (August 17, 1999)

According to the draft rules for the new world court, Roman catholic priests are to be given immunity from testifying to the proposed ICC about atrocities they have been told about in the confessional.

The Milosevic Indictment (June 1999)

Stephen R. Shalom discusses Milosevic's indictment by a war crimes tribunal and the implications for the ICC.

1998

Considerations on the Financing of an International Criminal Court (June 1998)

UN agencies and funds have proliferated, often without serious thought devoted to how they would be funded. This paper by Jeffrey Laurenti, Executive Director, Policy Studies, UNA-USA, explores means by which the ICC may be funded, an issue that is often overshadowed by other, more controversial, ones.