SPECIAL SECTION:SURPASSING 60RATIFICATIONS ON APRIL 11TH

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JUSTICE GOLDSTONE ONTHE US WITHDRAWAL

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PRESIDENT ROBINSON ONTHE IMPORTANCE OF THEICC FOR SMALL STATES

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PLANS FOR THE 4TH ANNIVERSARY OF THEROME STATUTE ON 17 JULY2002

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STATEMENTS ON THE ICCFROM WAR-AFFECTEDCOUNTRIES

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The honor of serving as the Convenor of the NGOCoalition for the International Criminal Court (CICC)since our founding on 10 February 1995 has been oneof the most rewarding experiences of my life. TheCoalition has brought together organizations andexperts from throughout the world, including the mostskilled advocates of international justice on earth.

We now face our most exciting challenge yet: to usethe power and expertise of civil society to ensure thatthe Court is the best it can be. As we approach entryinto force of the Rome Statute on 1 July 2002, it isimportant to remind ourselves that, until only a fewyears ago, almost no expert thought that during his orher lifetime it would be possible to establish a newworld court within a system of international justice thatwould signal an end to literally thousands of years ofimpunity for those who have committed the mostterrible atrocities against humanity.

We came together out of our concerns,commitments, outrage, and idealism. We came togetherbecause our organizations believed that the worldneeded a permanent and independent internationaltribunal to enforce humanitarian law.

Over the years, we have worked to raise the voicesof victims, of women, of children, of anti-war advocates,of followers of many faiths and religions, and of allthose who are sickened by daily images of widespreadviolence, to collectively promote the creation of theworld’s first permanent International Criminal Court(ICC). Not only will this Court hold individuals -presidents, warlords, generals or mercenaries,vanquished and victors alike - accountable forcommitting genocide, war crimes or other crimesagainst humanity, but it will also help to prevent andaddress these crimes in a manner that is as fair, effectiveand independent as possible.

As we move to the next critical stages ofestablishing the ICC, it is a good time to remember andcelebrate two important dates.

The first milestone is 17 July 1998, when the RomeStatute of the ICC was adopted by a vote of 120 to 7 atthe end of five-week treaty conference, half a centuryearlier than many predicted. Those of us in the FAO RedRoom that evening will never forget the incredibleemotion and exhilaration of the governmentrepresentatives, UN officials and civil society membersin attendance. In honor of this moment and reflectiveof the fact that the ICC is one important aspect of abroader system of international justice, the Coalition is

calling for July 17 to be marked as World Day forInternational Justice. We hope governments will join inendorsing this commemoration.

The second date is 11 April 2002, when thesimultaneous deposit of instruments of ratification byten nations brought the total to 66, surpassing the 60required to trigger entry into force of the Rome Statute.Once again, many had predicted that this goal wouldnot be realized for decades. Once again, those inattendance rose to their feet to contribute tothunderous applause, and again, many were moved totears.

The Rome Statute is truly a product of a greatinformal partnership between NGOs, like-mindedgovernments, and international organizations.International affairs experts and historians are alreadywriting about this extraordinary achievement, describedby many as the greatest advance in international lawsince the founding of the United Nations. I sincerelybelieve that the "new diplomacy" model of internationallaw-making could represent a key transitional phase ininternational democracy.

Still, the world remains extremely dangerous. Indiaand Pakistan have replaced Russia and the USA as thelikeliest adversaries at the brink of nuclear war. Globalresearch institutes report thirty-eight major wars orconflicts raging across the planet, in addition to the waragainst terrorism. Like many leaders in these conflicts,the US government’s political and military leaders seemto believe that military force is the primary and almostonly answer to threatened security.

Indeed, the Bush administration has formallynullified the Clinton administration signature of theRome Statute and is taking actions directly attacking theICC. It is too early to know if the US Congress will passthe anti-ICC, anti-UN, anti-peacekeeping, Hagueinvasion law. At the time of this writing, it is too earlyto know if the other major powers and democracies willcave in to the US effort to provide a blanket exemptionfrom international justice for all UN peacekeepingoperations.

As set out in an article by Justice Richard Goldstonein this issue of the ICC Monitor, the reasons providedfor the signature renunciation were ill-informed andnaïve. Major US allies are working to counter themisinformation being provided by US officials incapitals around the world, yet a global effort involvinglike-minded governments and NGOs is necessary toensure that the US government does not succeed inconvincing other countries to enter into agreements tolimit the Court’s jurisdiction.

The ICC MONITORis a publication of the

NGO Coalition for the ICC

The International Criminal Court

MONITORThe Newspaper of the NGO Coalition for the International Criminal Court

Issue 21 • June 2002

69 Ratifications

Continued on page 4

A Victory for Peace

From the drafting and adoption of the Rome Statute...

...to its entry into force, less than four years later, thepartnership between civil society and government has beencrucial and must remain strong.

“This stance by the USgovernment is disappointing,and in marked contrast to thelong history of US cooperationwith other nations inpromoting the rule of law.”

“Thus the interest of smallerstates in the modern worldultimately converges with thatof larger states and demands auniversal system of law andjustice.”

Albanian children in Pecan, Kosovo, showoff their homemade wooden toy guns. © Human Rights Watch.

US Withdrawal from ICC Undermines Decades of American Leadershipin International Justice Page 3

Handling of Elections Will Affect the Future of the ICC Page 3

Small States Recognize Critical Role of the Court Page 4

Coalition Celebrates Achievement of Campaign Goal: 60 ratifications by 17 July 2002 Page 4

Statements on the Importance of the ICC from War-Affected Countries Page5

Significant Progress and Historic Treaty Event Celebrated at 9th Prep Com Page 6

Special Insert – April 11th: A Historic Day for International Justice

Sectoral Caucuses Will Continue to Strengthen the ICC Page 7

Children and the ICC Page 7

Conferences Worldwide Gear Up for Entry Into Force Page 8-9

New Resources Page 9

Upcoming ICC Events Page 10

New Goals Identified for Next Phase of ICC Advocacy Page 11

States Parties to the Rome Statute Page 12

TheInternationalCriminal CourtMONITORa publication of the NGO Coalition for theInternational Criminal Court

CICC Address: Tel: 1-212-687-2176c/o WFM Fax: 1-212-599-1332777 UN Plaza, 12th Fl. Email: cicc@iccnow.orgNew York NY 10017 URL: www.iccnow.org

Secretariat

William R. Pace Convenor

Jayne Stoyles Program Director

Staci Alziebler Financial Officer

Desire Assogbavi Information Services Coordinator (French)

Caroline Baudot Research Associate

Molly D’Ambra Research Associate

Madeleine Duverné Program Assistant

Rafael Justiniano Office Manager

Grace Ko Development Officer

Jens Iverson IT Adviser

Alphonse Deo Outreach LiaisonNkunzimana

Mariana Outreach LiaisonRodríguez Pareja

Shantha Rau Information Services Coordinator (English)

Jennifer Schense Legal Adviser

Joydeep Sengupta Communications/Outreach Associate

Ramin Shahzamani IT Consultant

Adele Waugaman Media Liaison

Regional Coordination

Mary Kaboggoza East Africa Coordinator

Jotham Rwamiheto Southern Africa Coordinator

Evelyn Serrano Asia Coordinator

Irune Aguirrezábal Europe Coordinator

Santa Falasca Program Assistant, Europe

Rita Patricio Research Associate, Europe

Monica Guzman Information ServicesCoordinator (Spanish)

Hugo Relva Latin America Adviser

CICC Informal Steering Committee:Amnesty InternationalAsociación pro Derechos HumanosEuropean Law Students AssociationFédération Internationale des Ligues des Droits de l’HommeHuman Rights WatchInternational Commission of JuristsLawyers Committee for Human RightsNo Peace Without JusticeParliamentarians for Global ActionRights and DemocracyWomen’s Caucus for Gender JusticeWorld Federalist Movement

Current funding for the Coalition for the InternationalCriminal Court is being provided by the Ford Foundation;the John D. & Catherine T. MacArthur Foundation; theOpen Society Institute; the European Union; thegovernments of Canada, Denmark, Finland, Germany,Liechtenstein, the Netherlands, New Zealand, Norway,Sweden, Switzerland, and the United Kingdom; and fromindividual donors and participatingnon-governmental organizations.The views expressed herein are thoseof the CICC and can therefore in noway be taken to reflect the officialopinion of the funders.

Page 2 The International Criminal Court MONITOR • June 2002

Contents

The United Nations has been mandated tocreate a trust fund for contributions to financethe historic first meeting of the Assembly ofStates Parties, which has been scheduled forSeptember 2002. The trust fund is open tocontributions from all States, including StatesParties to the Rome Statute, as well as otherinterested entities. All individuals,organizations and States supportive of the ICCare encouraged to make at least a symboliccontribution to the trust fund, to demonstratetheir support for the Court.

The World Federalist Movement and theCoalition for the International Criminal Courtwere the first to contribute to this importantinitiative. The States that have publiclypledged contributions thus far are Austria,

Belgium, Finland, France, Germany, Mexico,the Netherlands, Norway, Spain and Sweden.Governmental, non-governmental andindividual contributors to the trust fund areinvited to inform the Coalition of theircontribution.

Contributions should be transmitted tothe United Nations to the following bankaccount: United Nations General Trust Fund;account number: 485001969; Bank: J. P.Morgan Chase Bank, International AgenciesBanking, 1166 Avenue of the Americas, 17thFloor, New York, N.Y. 10036-2708; ABAnumber: 021000021; Swift Code: Chasus33;Reference: Trust fund to support theestablishment of the International CriminalCourt.

Trust Fund for the ICC

“I congratulate the 66 States that have now ratified the Statute. Iurge those who have not done so to follow their example. Thebest defense against evil will be a Court in which every countryplays its part. And I thank the many non-governmentalorganizations whose tireless efforts contributed to this success.

…The time is at last coming, when humanity no longer hasto bear impotent witness to the worst atrocities, because thosetempted to commit such crimes will know justice awaits them.Let us make the International Criminal Court an effectiveinstrument. Let it be a deterrent to the wicked, and a ray of hopeto the innocent and the helpless."

– UN Secretary General Kofi Annan (UN Press Conference, 11 April 2002)

Erratum

The photos credited to the Arab Coalition for the ICC in Issue 20 of The ICC Monitor were produced by Mizan Law Group forHuman Rights and Sisterhood is Global Institute in Jordan. The Coalition regrets the error.

The International Criminal Court MONITOR • June 2002 Page 3

On 11 April 2002, the ratifications necessaryfor entry into force of the Rome Statute ofthe ICC were deposited at the UnitedNations, opening the door to a new era ininternational justice. On this historic andlong-awaited day, impunity was dealt asevere blow and the world took a giant steptowards justice and accountability. At thetime of adoption of the Rome Statute on 17July 1998, few could have anticipated therapid entry into force of this treatyrepresenting every region of the world.

On 6 May 2002, in an act which shockedgovernments around the world, the UnitedStates formally renounced its signature of theRome Statute of the ICC, authorized on 31December 2000 under former President BillClinton. Speaking on behalf of the BushAdministration, Under Secretary for PoliticalAffairs Marc Grossman described the RomeStatute as a "flawed outcome," built on a"flawed foundation." Mr. Grossman outlined,in considerable detail, the objections of theUnited States towards the Rome Statute,claiming these reservations were seriousenough for the US to withdraw its

participation in the process.While reaffirming the commitment of

the United States to justice and internationallaw, Grossman expressed the Bushadministration's disapproval of the ICC byraising a variety of unwarranted fears aboutthe Court and its functioning. Theseconcerns have often been raised by theUnited States in the past, but a closer look atthe provisions of the Rome Statute and theprogressive development of internationalcriminal law would render these fearsbaseless.

One of United States' misconceptions isthat the ICC would be an untamed animal,with unchecked prosecutorial power. In fact,the Assembly of States Parties, which iscomposed of many of the world'sdemocracies and United States' allies, has theauthority to oversee the work of the Courtand to take action in the event of anysuspicion of politically-motivated cases. Inaddition, the Security Council has the powerto halt the prosecution or investigations ofany case. Such order may be renewedindefinitely at one year intervals.

The Rome Statute contains built-inchecks and balances and the treaty has strongmechanisms to ensure that the ICC is used asthe court of last resort. An importantprinciple enshrined in the ICC treaty is thatof complementarity, which leaves StatesParties with the jurisdiction to prosecute thecrimes stipulated in the Statute. Only in theevent that domestic judicial systems are not

functioning, or national governments lackthe political will to deal with such cases, willthe ICC consider the matter. States Parties arerequired to enact implementation legislation,which may often involve positive reforms ofexisting domestic laws. This will strengthenthe national judicial systems as well as theinternational legal order.

Second, the US claims that the ICCwould undermine the Security Council. TheICC is not solely a tool of the SecurityCouncil. The Security Council may howeverrefer cases to the Court. The ICC is thereforean important resource for the SecurityCouncil in its mission to preserveinternational peace and security. The SecurityCouncil will no longer have to passresolutions to establish ad hoc ex post factotribunals, nor will there be uncheckedimpunity for commissions of war crimes,crimes against humanity and genocide.

Furthermore, the hallmark of a fair andeffective justice system is its independencefrom political influence. The Security Councilis essentially a political body. The worldcould have little faith in a justice systemwhere the Security Council is the last word,given that its permanent members are alsoamong the most powerful in the world, andinevitably, would seek to influence the Courtaccordingly. Preservation of theindependence of the Prosecutor is critical formaintaining a fair and impartial Court. So

US Withdrawal from ICC Undermines Decades of American Leadership inInternational Justiceby Justice Richard J. Goldstone

Among his achievements,Justice Richard Goldstoneserved as the ChiefProsecutor of the UnitedNations InternationalCriminal Tribunals for theformer Yugoslavia andRwanda from 1994-96.

The Rome Statute of the ICC provides thateighteen judges will be elected to the Court,and "shall be chosen from among persons ofhigh moral character, impartiality andintegrity who possess the qualificationsrequired in their respective States forappointment to the highest judicial offices"(Article 36 (3)). The importance of the firstelection cannot be over-emphasized. Thefirst eighteen judges of the ICC will be ahistoric group of jurists and will serve asthe public face of the Court; if they are notwell-qualified and representative, thereputation and moral authority of the ICCwill suffer and that damage may well beirreparable. Only a transparent andconsultative nomination process can ensurethat appropriate candidates are nominated.

The Assembly of States Parties will adoptnomination and election procedures at itsfirst meeting in September 2002 and willelect the judges during a subsequentmeeting, which is likely to take place inJanuary 2003. In order to be prepared for theperiod in which nominations will beaccepted (which is expected to commence inSeptember), many States Parties have alreadystarted their national nomination processand are looking for candidates. Candidatesmust have established competence andexperience in criminal law and procedure, orcompetence and experience in relevant areasof international law.

The CICC has several concerns related to

the process of nominations. In general,nominations to international judicialpositions are characterized by a lack oftransparency and a ‘behind closed doors’process. Nominations for the ICC may facethe same problem. For instance, the namesof the persons being considered for the ICCare not made public, and in only a fewcountries have governments publicly calledfor candidates (for example, the UK andBelgium which published advertisements inkey publications). Civil society, interestedorganizations and experts in internationaljustice, who could assist in widening thesearch and therefore the pool of possiblecandidates, as well as in evaluatingcandidates’ competence, are in general notbeing consulted.

A second general concern is the lownumber of women nominees forinternational judicial positions and theresulting under-representation of femalejudges on international tribunals and courts.The Rome Statute contains clear provisionsregarding the competence and qualificationsrequired of candidates as well as the need forfair representation of female and malejudges, representation of all major legalsystems, geographical balance, andcandidates with legal expertise in specificissues such as violence against women orchildren. Some of these provisions must beconsidered at the time of nomination. Ifstates fail to nominate qualified candidates

and qualified women candidates, therelevant requirements cannot be met at thestage of the election.

The CICC has engaged in a campaign topromote a transparent and consultativenomination process that will lead to aqualified and representative Court. Westrongly encourage NGOs, bar associations,and any other interested organizations orindividuals to get involved in this campaign.This may include writing to key governmentofficials to get information about whetherthe country intends to nominate acandidate; conducting research on nationalnomination procedures; alerting the mediaand civil society to the forthcomingelection; pressing for transparency andconsultation; suggesting ways to open upthe process; and getting information onpossible candidates and evaluating theirqualifications. (Note that the Coalition as awhole will not take a position on individualcandidates). Civil society’s advocacy workhas greatly contributed to the establishmentof the Court. It is now crucial to give theCourt the best chance for it to beindependent, effective and fair, by providingit with highly competent and representativejudges.

If you want to learn more about thiscampaign, please contact Caroline Baudot atthe Coalition (cicc7@iccnow.org) or visit ourwebsite (www.iccnow.org) to findinformation and campaigning tools.

Handling of Elections Will Affect the Future of the ICC

US Withdrawal, continued on page 11

The International Criminal Court MONITOR • June 2002Page 4

We cannot underestimate the difficultiesthe ICC will face in its early years, and wemust be vigilant in working against US effortsto undermine the Court. I believe the currentUS government’s efforts to cripple the infantICC will become one of the most shamefulfailures of American leadership at thebeginning of the 21st century.

For the other members of the SecurityCouncil and the world’s democracies, thechallenge now is to demonstrate that even inthe face of such opposition, they can buildstrong, new institutions of international lawand justice. Imagine the hope, confidenceand peace this might inspire!

A tremendous amount of work lies aheadas this institution is established over the

coming year. In many ways, thetransformation from treaty to institution iseven more important and demanding as thetransformation from vision to treaty. Effortsto conclude the work of the PreparatoryCommission, elect the Court’s officials,develop a code of conduct, create a barassociation, and establish the many logistical,technical, financial, personnel, outreach andother arrangements, are all enormouslydaunting tasks. At the same time, we mustcontinue to work to ensure that support forthe Court is as universal as possible, and thatall ratifying countries adopt strong domesticimplementing legislation. Widespread publiceducation remains critical, and a new set oftasks is arising from the need to ensure astrong understanding of the Rome Statute and

supporting documents by key stakeholders atboth the national and international level.

The Coalition for the ICC remainscommitted to working closely with like-minded governments and internationalorganizations to achieve all of these goals. Iwant to pay special tribute to the mostlyyoung and extremely dedicated and talentedstaff of the Coalition's Secretariat over the lastsix years. My heartfelt congratulations andthanks go to all who have contributed to thishistoric and important initiative. We lookforward to continuing our work together aswe move toward the next milestones in thisprocess.

William R. PaceConvenor

Small States Recognize Critical Role of the Courtby H.E. Arthur N.R. Robinson, T.C., O.C.C., S.C

A review of the list of states that have ratifiedthe Statute of the International CriminalCourt would reveal that the less powerfulstates are most interested in a system of law asessential to an order of peace and justice.Some of the largest and most powerful clearlystill adhere to the increasingly discarded ruleof force as the ultimate arbiter ininternational affairs.

It is not that the smaller states or all ofthem necessarily believe in the importance ofthe principle of the rule of law but, in anyevent, it is clearly in their self-interest thatforce be no longer applied as the final arbiterin international relations in a civilized world.

It is the smallest states that are mostthreatened by the increase in destructive force

through the rapid developments in scienceand technology. These developments couldthreaten the very existence of these states andindeed the existence of even the largest statesas well.

While history has shown that it is thesmaller states that are more likely to bevictims of aggression or of tyrannical regimes,the interlocking interests of states in themodern world make it probable that suchactivities can spread and engulf larger states aswell.

Thus the interest of smaller states in themodern world ultimately converges with thatof larger states and demands a universalsystem of law and justice.

The smaller states must thusdeterminedly pursue the course that theyhave adopted in their own self-interest. It isthe only substitute for the rule of force andthe ultimate destruction of us all.

Albert Speer, the convicted Nazi warcriminal, before he was spared his life andsentenced to twenty years in Spandau, in hismoment of truth, foresaw this when he saidat Nuremberg, "A new large-scale war will end

with the destruction of human culture andcivilization. Nothing can prevent unfetteredengineering and science completing the workof destroying human beings it has begun.Therefore this trial must contribute towardpreventing such degenerate wars in the futureand establishing rules whereby human beingscan live together."

The Statute of the International CriminalCourt establishes such rules for a universalsystem of law and justice. It presents anopportunity for the preservation of a civilizedworld, an opportunity that must not bemissed.

The American historian Santayana said,"Progress, far from consisting of change,depends on retentiveness. Those who cannotremember the past are condemned to repeatit."

H.E. Arthur N.R. Robinson is President of theRepublic of Trinidad and Tobago. He is also Hon.Fellow of St. John’s College at Oxford and Hon.Vice President of the International Association ofPenal Law.

His ExcellencyP r e s i d e n tArthur N.R.Robinson greetsUN Secretary-General KofiAnnan.

Continued from page 1

Since the historic adoption of the Rome Statute of the ICC on 17 July1998, this date has been hailed as a landmark for international justice.To mark the significance of this momentous step towards the creation ofthe world’s first permanent International Criminal Court within astrengthening system of international justice mechanisms, civil societyworldwide has begun to call this day ‘World Day for InternationalJustice’. On 17 July 2002, we celebrate the rapid entry into force of theRome Statute, and join governments, the United Nations and civilsociety members worldwide in welcoming the ICC.

All CICC members are encouraged to organize events around theglobe to mark July 17th, taking advantage of the print and audio-visualtools available from the Secretariat. A wide variety or activities andevents have already been planned, including a special event to be heldin Rome, where the ICC treaty was adopted, organized by No PeaceWithout Justice. Dozens of other organizations on every continent arealso planning press conferences, marches, media interviews,government outreach and lobbying activities around the world.

In recognition of World Day for International Justice, the CICCSecretariat is launching several initiatives, including:• Educational Posters: Posters have been created and will be distributedworldwide for use at special events and as a public awareness tool.• Radio Public Service Announcement (PSA) – A radio PSA about thecreation of the Court is now available in English, French, and Spanish.The Coalition Secretariat, in cooperation with NGO partners and UN

Radio, is working with public and privateradio channels around the world to broadcastthese announcements.• World Day for International JusticeWebpage – Visit the new webpage(http://www.iccnow.org/html/July17.html)with a linkable banner, audio downloads,quotes, statements, a media toolkit, and acomplete list of activities planned by organizations around the world.• Special Media Outreach Tools: The CICC Secretariat has availablemedia outreach tools, including a timeline for the next 6 months, pressalerts and press releases.For more information on July 17th activities or to request any of thematerials described above, please contact Mr. Joydeep Sengupta,Outreach and Communications Associate at: cicc6@iccnow.org

Coalition Celebrates Achievement of Campaign Goal: 60 ratifications by 17 July 2002

LOOKING BACK AT JULY 17TH …

17 July 1998: Rome Treaty of the ICC is adopted by anoverwhelming majority of countries (120 countries vote infavor of the Court, while 7 vote against)17 July 1999: 3 countries have ratified the Rome Statute 17 July 2000: 14 countries have ratified the Rome Statute 17 July 2001: 37 countries have ratified the Rome Statute 17 July 2002: More than 70 ratifications are expected

A young victim of the campaign of amputation during the 6 January 1999RUF offensive in Freetown, Sierra Leone. (Credit: Corinne Dufka/Human Rights Watch)

The International Criminal Court MONITOR • June 2002 Page 5

"As a country whose people have experienced greattragedy in the past, Cambodia is committed to striving for thecause of justice, for the promotion of human rights anddemocracy, and for the strengthening of the rule of law. It is oursincere obligation to join the international community to helpbring an end to impunity, and thus we will do our utmost to bea fully supportive member of the International Criminal Court."- H.E. Ambassador Sun Suon, Deputy Permanent Representativeof Cambodia to the United Nations

"..The direct experience of atrocious crimes, and theawareness that long lasting peace is not possible withoutjustice, led Sierra Leone to accord special relevance to thenegotiations for an ICC and to the recognition that crimes, likethe ones committed in Sierra Leone, should not gounpunished.

While it was clear that the ICC would not have jurisdictionover crimes committed in Sierra Leone, the negotiations for itsestablishment created greater awareness in the internationalcommunity with respect to the principles of internationalcriminal justice and the significant role that accountability canplay in the consolidation of peace and reconciliation. Thatawareness, we believe, has motivated the current negotiationsfor establishment of a Special Court for Sierra Leone."- H.E. Mr. Ibrahim M’baba Kamara, Ambassador Extraordinaryand Plenipotentiary Permanent Representative of Sierra Leoneto the United Nations

"The establishment of a permanent InternationalCriminal Court is, no doubt, an event of historic significance.Once the Court becomes operational, the internationalcommunity will finally be in possession of a mechanism capableof responding to each and every violation of humanitarian lawin the future. The International Criminal Court is of particularimportance for Yugoslavia, the country that traversed the painfulpath of conflicts in the past decade and witnessed manyatrocities on which account the International Criminal Tribunalfor the Former Yugoslavia was set up in The Hague. The Tribunalhas been the subject matter of frequent and often heatedpolitical arguments and legal wrangling, among other reasonsbecause of its ad hoc nature. The establishment of a permanentCriminal Court will help us eliminate some of thosecontroversies and make the Yugoslav public opinion understandthat international justice is universal and not selective and thatcrime, wherever and by whomsoever committed, will not gounpunished."- H.E. Mr. Dejan Sahovic, Ambassador Extraordinary andPlenipotentiary Permanent Representative of the FederalRepublic of Yugoslavia to the United Nations

Cambodia

Sierra Leone

Federal Republic of Yugoslavia

"As I am speaking to you right now, serious crimes arebeing committed in Kisangani, Eastern Congo. Thoseresponsible for these crimes have not been brought to justice,and have even scoffed at Security Council resolutions calling fora peaceful end to the conflict. This is evidence that impunity isone of the essential factors in the failure of peace andinternational security in our region.

From our point of view, the ICC constitutes major progressin the fight against impunity: a hand extended to the victimswho had lost all hope, a strong signal to all murderers,including those in the Great Lakes region, where the culture ofimpunity and bloody conflicts have caused the worst violationsof human rights and humanitarian disasters.

Not only will the ICC be able to prosecute those responsiblefor crimes under its jurisdiction, but it will also act as adeterrent to those who commit such crimes. It is from thisperspective that you can understand the commitment of theDRC to support the creation of a permanent court, so thatcrimes that shock the human conscience do not gounpunished."- H.E. Mr. Atoki Ileka, Ambassador Extraordinary andPlenipotentiary Permanent Representative of the DemocraticRepublic of Congo to the United Nations

Statements on the Importance of the ICC from War-Affected Countries

"As a nation that has unfortunately experiencedcrimes of the utmost horrendous nature, we can only stress theimportance of the establishment of the International CriminalCourt to render justice to the victims and their families throughthe convictions of the perpetrators of such crimes. Only throughjustice can those who have suffered come to terms with the past,find peace and envisage a future without hate or resentment. Tomeet such goals, we, the international community, have theresponsibility to ensure that this nascent institution fulfills ourhopes of becoming an impartial and efficient forum and apowerful tool of international justice."- H.E. Ambassador Mirza Kusljugic, Permanent Representative ofBosnia and Herzegovina to the United Nations

Bosnia and Herzegovina

During World War I, 5% of all war casualtieswere civilian, while in World War II, thenumber of civilians killed in the conflictreached 48%. At the present time, it isestimated that 90% of all casualties inconflict are civilian, the vast majority ofwhom are women and children.1 Theseconflicts are on-going in over 30 countries,spanning every region on virtually everycontinent.2

Many countries that have enduredwidespread conflict in the recent past have

ratified the Rome Statute of the ICC, and theCoalition sought the views of some of thesegovernments to determine whether there is aconnection between their experiences andthe decision to ratify. The statements madein response to the question,"Why is theInternational Criminal Court important toyour country?" are below. They reflect theoverwhelming view that while the ICC willnot have jurisdiction over crimes committedin the past, it will be an important tool inending the cycle of impunity and beginning

the process of justice and reconciliation, aswell as contributing to future peace andsecurity.

Sources:1 "Children in War: The Many Faces of Suffering," Report tothe United Nations General Assembly by the SpecialRepresentative of the Secretary General For Children andArmed Conflict, Mr Olara A. Otunnu, New York, 26 October1999, accessed from: http://www.un.org/special-rep/children-armed-conflict/freports.htm2 Stockholm International Peace Research Institute (SIPRI)Yearbook 2000, accessed from:http://editors.sipri.se/pubs/yb00/pr00.html

Democratic Republic of Congo

The International Criminal Court MONITOR • June 2002Page 6

Significant Progress and Historic Treaty Event Celebrated at 9th PrepComBy Espen Rostrup Nakstad

The Preparatory Commission for theInternational Criminal Court (PrepCom) wasestablished at the end of the Rome Conference,and is charged with the task of finalizingcritical documents that will determine howthe Court will function. These documentsinclude the Elements of Crimes, Rules ofProcedure and Evidence, the Agreement onPrivileges and Immunities of the Court, andFinancial Regulations and Rules, among others.

The ninth session of the Preparatory

Commission was held at UN Headquarters inNew York from 8-19 April 2002. It was aparticularly historic meeting, with thesimultaneous deposit of ten instruments ofratifications of the Rome Statute at a specialUN treaty event on 11 April 2002, bringing thetotal well over the 60 required for entry intoforce. As regulated by its Article 126, the RomeStatute will now enter into force on 1 July,2002.

The countries which participated in thisceremonial deposit were: Bosnia andHerzegovina, Bulgaria, Cambodia, theDemocratic Republic of the Congo, Ireland,Jordan, Mongolia, Niger, Romania andSlovakia.

This historic treaty ceremony to mark theachievement of 60 ratifications was officiatedby UN Under-Secretary General Hans Corell,and was followed by a press briefing with UNSecretary General Kofi Annan, who gave hisremarks via video teleconference from Rome.At a special plenary session convened after thetreaty ceremony, President Arthur N. Robinsonof Trinidad and Tobago, credited with gettingthe ICC on the UN’s agenda, made a specialaddress to the Preparatory Commission incommemoration of this important day.

The ninth session comprised five workinggroups, two of which completed draftagreements that were adopted for inclusioninto the final report of the PreparatoryCommission. These were the working groupson the principles governing a HeadquartersAgreement and the Court’s Financial Rules.Negotiations of other financial issues such asthe remuneration of judges, the Prosecutor,and the Registrar, and the Trust Fund forVictims, were not completed and will continueto be discussed at the tenth session. The ninthsession also comprised separate working groupson the First Year Budget and the Crime ofAggression. In addition, a new Working Groupon Preparatory Documents for the Assembly ofStates Parties met for the first time. This groupwas created by the bureau at the eighthsession, in order to fulfill the requirements of aroad map previously presented to thePrepCom, which outlines documents andactivities necessary to ensure a smooth

operation of the Assembly and efficientestablishment of the Court in The Hague.

With regard to the Crime of Aggression,the Working Group Coordinator, SilviaFernandez de Gurmendi of Argentina,presented a discussion paper that separated thedefinition of the Crime of Aggression from theconditions for the exercise of jurisdiction withrespect to the crime. The paper was importantas it helped to facilitate discussion of these twoelements, although some delegationscontinued to argue that the two elements mustbe examined together. In general, it appearedthat important progress was made, andcountries that had been tying their potentialsupport for the Court to the outcome of thenegotiations on the crime of aggressionappeared more willing to discuss ratification. Itis generally understood that discussion of thecrime of aggression will not be completed bythe end of the final session in July, andconsideration is already being given to thequestion of how to continue these importantnegotiations. According to the Rome Statute,the crime of aggression cannot be included inthe Statute until it has been adopted by theAssembly of States Parties, a process whichcannot begin any earlier than the first reviewconference, mandated to take place seven yearsafter entry into force.

The Working Group on PreparatoryDocuments for the Assembly of StatesParties (ASP) is coordinated by Saeid Mirzaee-Yengejeh of the Islamic Republic of Iran, whohad previously been coordinator of theworking group on the Rules of Procedure of theAssembly of States Parties. The Group focusedon three issues: the election of judges, theProsecutor and the Registrar; the Secretariat forthe Assembly of States Parties; and the agendafor the first meeting of the Assembly. Out ofthe three, the first two were subject toextensive discussions and negotiations, basedon background papers prepared by the UNSecretariat. The discussions were detailed,touching upon election time frames,nomination procedures, and the compositionof the Court, as well as whether or not theCourt would be best served with anindependent ASP Secretariat. The third itemwas only briefly discussed during the ninthsession, although the UN Secretariat hadprepared a draft ASP agenda for review. Thecoordinator will prepare a rolling text as a basisfor discussions at the tenth session of thePrepCom, to be held 1-12 July, and each ofthese issues will continue to be discussed.

The Working Group on Financial Issueswas also established in accordance with theroad map. It was divided into three Sub-Working Groups: Financial Rules (Coordinator:Christian Much of Germany); remuneration ofjudges, the Prosecutor, and the Registrar(Coordinator: John Holmes of Canada); andthe Trust Fund for Victims (Coordinator: GaileRamoutar of Trinidad & Tobago). The WorkingGroup discussed and adopted the draftfinancial rules, which had been prepared byMr. Much in advance of an intersessionalmeeting held in The Hague from 11-15 March2002. The most difficult issue for the WorkingGroup was the question of early procurementneeds of the Court, and it was decided thatearly procurement activities of the Court

should be outsourced for a provisional periodof time, allowing for the placement of a Courtofficial within the procurement entity forpurposes of training and oversight. Regardingthe remuneration of judges, while the principlefeatures of the conditions of service for full-time judges were finalized, the conditions fornon-full-time judges as well as for theProsecutor and Registrar, will be discussed atthe next sesion. The Trust Fund for Victimswill also be discussed at the next PrepCom,focusing in particular on an extensive proposalintroduced by France. Some of the key issuesthat will be addressed include: allocation offunds; the use of ear-marked funds; and themanagement of the Trust Fund.

The coordinator of the Working Group onthe First Year Budget, Mr. Rolf Fife of Norway,was unable to continue with hisresponsibilities because of a promotion withinhis foreign ministry, but presented the draftbudget in detail during the first days of thePrepCom. The new coordinator, ValentinZellweger of Switzerland, expressed hisconfidence in completing the budget on timefor submission to the Assembly of StatesParties. Some of the key issues discussedincluded the creation of a Common ServicesDivision, the planned length and expense ofASP meetings, the creation of a new Victimsand Reparation Unit, how to adequatelyrecognize the many types of financialcontributions of the Netherlands to the ICCand the Assembly, and whether enough fundshave been allocated for training of staff andofficials of the Court. Delegates at the tenthPrepCom will discuss more detailed figures ofthe budget, in addition to continuing todiscuss crucial functions that the budget mustfund.

The Working Group on the Principlesgoverning the Headquarters Agreement wascoordinated by Zsolt Hetesy of Hungary. Onlyfour issues remained for the Working Group toresolve at this session: the tax exempt status ofthe Court; parameters for physical entry intothe premises of the Court; visa-related issues;and general applicability of the agreement. Therolling text prepared by the coordinator wasadopted with the exception of subparagraph15(b), concerning the issue of taxation. ThePrinciples will be included in the rolling text ofthe Preparatory Commission’s report to theAssembly of States Parties.

In regards to the actual establishment ofthe Court, the sub-committee of the bureauand the host country proposed to thePreparatory Commission that an advance teambe assembled as soon as possible to assist theHost State with preparations for the creation ofthe Court. The advance team would comprise asmall number of technical experts who wouldadvise the Host State on the establishment ofnon-judicial, technical systems needed tosupport the work of the Court. The PreparatoryCommission agreed on the creation of anadvance team as soon as possible, andrequested that the United Nations Secretary-General provide support for this work on afully reimbursable basis. Funds for the teamwill be provided by the European Union andthe MacArthur Foundation.

Progress at the PrepCom, continued on page 11

NGO participants at a campaign strategymeeting during the 9th Preparatory Commission,held in New York from 8-19 April 2002.

Over 250 articles on the achievement of 60 ratifications of the Rome Statute were published in at least 40 countries in the week followingthe historic treaty event of 11 April 2002. Global media coverage on the establishment of the International Criminal Court was broad in bothscope and tone, ranging from congratulatory articles on the significance of this landmark institution in international justice to strong criticismsof the Court by opponents in the US and elsewhere, as well as responses to these criticisms. This page represents only some of the hundreds ofarticles which appeared in newspapers from Slovenia to Uganda and from Colombia to the Philippines, as compiled from electronic sourcesand submissions from members of the CICC. To receive a list of all media coverage on the ICC during this period, or to make submissions to

this media archive, please contact Shantha Rau, CICC Information Services Coordinator at: cicc4@iccnow.org

April 11: Historic Day for International Justice

The simultaneous deposit of ten instruments of ratification of theRome Statute on 11 April 2002, surpassing the number needed forentry into force, was a historic moment for international justice. Ashas been stated by many governments, UN officials and NGOs, theestablishment of a permanent International Criminal Court will bethe most significant achievement of international law since thefounding of the United Nations itself. This institution will have thejurisdiction to prosecute the most heinous crimes committed by

individuals. This is not only a victory for the advocates of theCourt, but much more importantly, it is a victory for the victims ofthe horrific crimes the Court will address.

This special insert commemorates the events of April 11th. Whilewe cannot fully capture the emotions and images of the day, here isa record of this momentous achievement as viewed by the media,civil society, government delegates and others who helped to bringthe Court into being.

A Record of a Historic Day

April 10

11.00 NGO Press Briefing on the creationof the ICC and the 9th PreparatoryCommission for the International CriminalCourt

18.00 Reception for delegates and NGOsin honor of Ambassador Philippe Kirsch,Chairperson, and the Officers of the Bureauof the Preparatory Commission for the ICC

18.10 Remarks by William Pace,Convenor of the NGO Coalition for theICC:

"This is a globalization of democracyand justice and the rule of law, and gives usa hope that this century will be in factmore peaceful."

18.11 Remarks by Ambassador PhilippeKirsch:

"Tomorrow is really a landmark in ourstruggle against impunity. When I thinkabout the end of the Rome Conference, thepessimists thought that the Statute wouldenter into force after 20 years, the optimistsafter 10 years. I think we have done prettywell."

18.15 Remarks by Hans Corell, UN Under-Secretary-General for Legal Affairs:

"We should not make any illusions.This court will not rid the world of theviolence that we’ve seen over the past fewmonths, but it is a very important steptowards an international society wherepeople have organized the criminal justicesystems that know no borders."

18.21 Champagne toast by William Pace: "To us, to the United Nations, to the

international law and to the goals ofpeace."

April 11

9.36 Commencement of the special UNtreaty ceremony to mark the 60ratifications necessary for entry into forceof the Rome Statute

9.38 Procession of delegates of the 10ratifying countries: Bosnia andHerzegovina, Bulgaria, Cambodia,Democratic Republic of the Congo, Ireland,Jordan, Mongolia, Niger, Romania andSlovakia.

9.40 Opening Statement by Hans Corell:"On behalf of the Secretary General, I

wish you all welcome to this historicevent."

9.43 Delegates simultaneously depositinstruments of ratification of the RomeStatute

NGO Press Briefing onthe creation of the ICCand the 9th PreparatoryCommission (left-right):Bruce Broomhall ofLawyers Committee forHuman Rights; JonathanO’Donohue of AmnestyInternational; RichardDicker of Human RightsWatch; William Pace ofthe NGO Coalition forthe ICC; Sidiki Kaba ofFIDH; and María EugeniaSolís García of MyrnaMack Foundation(Guatemala)

Delegates to the 9th PrepCom at theCICC reception (left-right): ProfessorMichael Plachta of the Polish delegationand Elise Groulx of the InternationalCriminal Defence Attorneys’ Association

NGO representatives atthe CICC reception(left-right): Rita Patricioof the CICC EuropeanOffice, Tarciso dal Masoof Movimento Nacionalde Direitos Humanos inBrazil, and Tomas daSilva of the AngolanCoalition for the ICC

A m b a s s a d o rPhilippe Kirschaddresses UNdelegates and NGOrepresentatives atthe CICC reception

For International Justice

April 11 continued

9.48 Applause and celebration (2 minutestanding ovation)

9.59 Special Plenary Session convened byAmbassador Philippe Kirsch

10.02 Statement by President Arthur N.R.Robinson of Trinidad and Tobago

10.14 Statements by delegations and theCoalition in support of the Court

10.45 UN Press Conference after the historictreaty event, including UN Secretary GeneralKofi Annan and Italian President AzeglioCiampi via video teleconference from Rome

10.49 Remarks by UN Secretary General KofiAnnan:

"The long-held dream of the permanentInternational Criminal Court will now berealized. Impunity has been dealt a decisiveblow."

10.53 Remarks by Italian President AzeglioCiampi:

"The International Criminal Court willbring us out of a spiral of violence andimpunity, and will strengthen the ability of theUnited Nations to secure peace andinternational security."

10.56 Question and Answer period withjournalists from Rome and New York

11.05 Statement by UN Under-SecretaryGeneral Hans Corell

11.08 Remarks by Ambassador PhilippeKirsch

11.15 Remarks by President Arthur N. R.Robinson of Trinidad and Tobago:

"I am very happy having begun thisprocess, so to speak, in 1989, on behalf of mycountry, as Prime Minister at the time, in theUnited Nations, which then passed the motionthat was moved to the International LawCommission, which reported that anInternational Criminal Court was bothdesirable and feasible. This is an important stepfor all of us, which we must celebrate today.…It is an occasion I shall always remember.This must be the best day of my life."

11.17 Remarks by Ambassador Pier BenedettoFrancese, Deputy Permanent Representative ofthe Italian Mission to the UN

11.21 Statement by William Pace

11.26 Remarks by Vahida Nainar of theWomen’s Caucus for Gender Justice

11.31 Questions by journalists in New York

12.00 End of Press Conference

Special UN treatyceremony at which teninstruments ofratification weresimultaneously deposited(left-right): Delegatesfrom Slovakia, Romania,Niger, Mongolia, Jordan,Ireland, DemocraticRepublic of Congo,Cambodia, Bulgaria, andBosnia and Herzegovina;Hans Corell, UN Under-Secretary General forLegal Affairs; and PalithaKohona, Chief of UNTreaty Section

Congratulatory exchangesafter the special UN treatyceremony (left-right):Former NurembergProsecutor Professor BenFerencz, William Pace,President Arthur N. R.Robinson of Trinidad andTobago, Professor CherifBassiouni, AmbassadorPhilippe Kirsch, andUnder-Secretary GeneralHans Corell

Delegates and NGOs applaud incelebration after simultaneousdeposit of the Rome Statute,crossing the threshold of 60ratifications needed for entry intoforce

UN Press Conference,following specialtreaty ceremony( l e f t - r i g h t ) :Ambassador PierBenedetto Franceseof Italy, AmbassadorPhilippe Kirsch,U n d e r - S e c r e t a r yGeneral HansCorell, VahidaNainar of theWomen’s Caucusfor Gender Justice,and William Pace.

HRH Prince Zeid Ra’ad Zeid Al-Hussein,Ambassador Extraordinary and PlenipotentiaryPermanent Representative of Jordan to the UNSpecial Plenary of the UN Preparatory Commission on the

ICC, 11 April 2002"It is impossible for anyone here to experience the emotions oftoday and not to recall the tensions that filled the Red Room ofthe FAO headquarters on the afternoon of 17 July 1998… Thatwas the first major hurdle we all scaled together. Today, weovercame the second.…There is no doubting [that] considerablechallenges lie ahead, and the critics will continue to hover andwage their war of doubt and cynicism. Indeed, there are manypeople beyond this room who will not realize, do not want torealize, not for a long time, that our world has changed and fromthis moment on will never be the same again. Eventually, therealization will dawn on all.

Ben Ferencz, former Prosecutor in theNuremberg Tribunal

Ferencz Call to Action for the ICC, 11 April 2002"A new institution to curb crimes against humanity is about to beborn. The International Criminal Court to bring justice to thosewho perpetrate massive atrocities against civilians is celebratedtoday at the United Nations, as ratifications by over 60 nationsbrings the new court into existence. It is an historic milestone.

Unfortunately, despite American leadership in establishingthe International Military Tribunal and related criminal courts atNuremberg and elsewhere, and our espousal to equal justice underlaw, the United States stands on the sidelines, insisting that underno circumstances will it accept a foreign tribunal with authorityto try any US nationals. US intransigence disappoints many allies,including the entire European Community, Canada and GreatBritain, and flies in the face of recommendations by some ofAmerica’s most respected legal experts.

Let all join in celebrating the historic step forward in the slowmarch toward civilization so that the true voice of America isheard loud and clear."

Professor Cherif Bassiouni, President of the InternationalHuman Rights Law Institute at DePaul University College of Law"With ten ratifications having been deposited today, totaling sixty-six and triggeringentry into force, even the more optimistic expectations of some of us have beenfulfilled. More significantly, however, it has given opponents and doubters of thecourt a finality to their negative expectations.

Another milestone has passed, but more are yet to come, though probably lesssymbolically significant. The task of actually making the court operational is not aseasy as many think. Logistical and other difficulties will have to be overcome, and yetat the same time high expectations will have to be met. Since we know what we haveto face, we will have to be patient during the initial stages, and keep up our hopes andour faith that the ICC will, in the foreseeable future, contribute to internationalcriminal justice and to peace and reconciliation."

Ambassador Philippe Kirsch, Chairperson of theUN Preparatory Commission for the ICC

UN Press Conference, 11 April 2002"I think it is worth noting that entry into force of the Statute will comeup a lot earlier than any of us expected at the end of the RomeConference. And this is due, I think at least, to two reasons. One isthat there is a real determination on the part of the internationalcommunity, represented by States and also civil society, to finally putan end to this prevalent culture of impunity and replace it with aculture of accountability for those crimes that are described in theStatute – genocide, crimes against humanity, war crimes, andeventually also aggression. The second reason is that the Rome Statuteis much better understood than it was some years ago. It is now clearlyunderstood that it is not a political instrument; it is a legal instrument.It is an instrument designed to ensure the punishment of very seriouscrimes, and deter the future commission of those crimes. It is a Statutewhich is full of legal safeguards, which ensures due process, includingthe principle of complementarity, which the Secretary Generalreferred to. The Court will only step in if a national system is unable orunwilling to do so, and that is the way to go."

Vahida Nainar, Board Member of theWomen’s Caucus for Gender Justice

UN Press Conference, 11 April 2002"In the past, we have seen worse forms of crimes committedagainst unsuspecting and peaceful people, leaving over millions ofvictims and survivors.

The Statute of the International Criminal Court criminalizes actsthat were already crimes in international law, yet it has severaldistinctions: its emphasis on individual criminal responsibility; aprovision for an independent prosecutor; a provision for thevictims to participate and voice their views; and theunprecedented level of gender integration throughout the Statuteare some of them."

The ICC is the cornerstone of the emerging system of internationaljustice, that will no longer allow enormous violations of human rightsand humanitarian law to be committed with impunity. The creation ofthe ICC will not be a panacea that will result in the resolution of allconflicts and prevent the commission of all serious international crimes.Nevertheless, its establishment will make an important contribution inthe search for peace, and the development of the rule of law. As was saidat the closing plenary at the Rome Conference in 1998, too much of

history is the story of wars won and peace lost. 11 April 2002 marks aday in which peace has won and war has lost. The achievement of the 60ratifications, less than four years after the adoption of the Rome Statute ofthe ICC can only be understood as a triumph of the new diplomacy modelof developing international law. It reflects one of the best examples ofwhat can be achieved through cooperation between governments,international organizations and civil society. The following are some ofthe statements made on April 11th.

April 11: Historic Day for International Justice

Not only will the Court be a mechanism forjustice, it will also be a mechanism fordeterrence and reconciliation, which areamong the main elements to achieve lastingpeace.

For those of us who had the privilege [of]participating in this exercise, no matter what elsewe do in life, nothing will be quite as importantor as significant to humanity as all of this.”

The UN Special Session on Children, whichtook place from 8-10 May 2002 at UNheadquarters in New York, brought togetherhigh-level government delegations,representatives of internationalorganizations, NGOs, the media, andchildren from around the world to discussthe most pressing issues affecting childrentoday.

Delegates to the Special Session onChildren discussed many of the issuesaddressed by the Rome Statute of the ICC,including the phenomenon of child soldiersand the disproportionate impact of war onchildren. In all parts of the world, children’sexperiences range from witnessing crimes, tobeing victimized by them and being forced toparticipate in them.

Recognizing that children are oftenvictims of genocide, war crimes and crimes

against humanity, the Rome Statute of theICC contains numerous child-specificprovisions. Protections provided by thedefinitions of the crimes under thejurisdiction of the ICC include:• Forcible transfer of children, as an act ofgenocide• Enslavement and trafficking of children,as a crime against humanity• Forced conscription or enlistment ofchildren under the age of 15 years by state ornon state actors, or using them to participateactively in domestic or internationalhostilities• Intentional attacks on civilianpopulations and educational institutions• Rape, sexual slavery, enforcedprostitution, forced pregnancy, enforcedsterilization, or any other form of sexualviolence against children.

Other provisions of the Statute, as well asthe Rules of Procedure and Evidence providefurther protections: • Children under the age of 18 years at thetime the crime was allegedly committed areexempt from prosecution by the ICC• Judges and staff of the Court mustinclude experts on violence against children• The Prosecutor must appoint legaladvisors with expertise on violence againstchildren, among others

• The Victims and Witnesses Unit of theRegistry will provide counseling, protection,and other forms of support and must includeexperts in trauma• The ICC Prosecutor must take measuresto ensure the safety and well-being of childwitnesses, during investigation and trial.

It is anticipated that these strongprovisions in the Rome Statute will act as apowerful deterrent to the crimes coveredunder the Statute, thereby bringing justice tomillions of children affected by war andother conflicts. It is essential that interestedgroups remain involved in the process toestablish the ICC and monitor the work ofthe functioning Court, to ensure that theparticular needs and interests of childrencontinue to be considered. For moreinformation on developments related to theChildren’s Caucus or to sign up to the listservdedicated to children and the ICC, pleasecontact Mr. Joydeep Sengupta at:cicc6@iccnow.org

The International Criminal Court MONITOR • June 2002 Page 7

The existence of caucuses and workinggroups within the Coalition for the ICC(CICC) provides an important opportunityfor its members to work together on issues ofcommon concern. These sectoral caucuseswere formed during the UN PreparatoryCommittee meetings from 1996-1998, inorder to ensure that the perspectives ofparticular constituencies were incorporatedinto all aspects of the negotiations of thedraft Statute for the ICC. The caucusesinclude: the Women’s Caucus for GenderJustice; the Children’s Caucus; the Victims’Rights Working Group; the Faith-BasedCaucus; and the Peace Caucus. TheCoalition, as a whole, does not takepositions on substantive issues, but works toprovide a forum for its members tocollaborate as much as possible.

Each of the caucuses provided criticalinput during the Rome Conference in 1998,resulting in a much stronger treaty than itwould otherwise have been. For example,the Women’s Caucus for Gender Justice islargely responsible for the inclusion of theRome Statute’s clear definitions of crimes ofsexual violence, such as the recognition ofrape and other sexual violence as both warcrimes and crimes against humanity for thefirst time in international law. The Faith-Based Caucus made important contributionsto the drafting of the Statute’s preamble,which will be a reference in interpreting thespirit of the law and thus in the resolution ofmany cases before the ICC. The Children’sCaucus worked to ensure that child-specificprovisions such as trafficking in childrenwere incorporated into the treaty, whileprocedural safeguards were included toprotect children involved in the proceedings.

The Victims' Rights Caucus (as it wasthen called) also achieved proceduralprotections for victims in general, inaddition to the ability of victims toparticipate in the process and claimreparations before the Court, and theestablishment of a Trust Fund for Victims.The Peace Caucus helped to ensure that thecentral principles of the Statute includedcivilian immunity and the principle ofproportionately, which can be used to arguethat the use of nuclear weapons is unlawfulbecause of the effect of such use. Many otherimportant advances in international lawresulted from the contributions of thecaucuses to the negotiations of the RomeStatute of the ICC, and will ultimately leadto a more effective, fair and independentCourt.

Since the Rome Conference, the caucuseshave reshaped their goals and continued tobring unique and important perspectives tothe work of the Preparatory Commission, inparticular to the negotiations of the draftElements of Crimes and the Rules ofProcedure and Evidence. They have alsomade substantial contributions to theinternational ratification campaign, theefforts to implement the treaty’s provisionsinto national law, the worldwide outreachand education campaign, and to the work ofestablishing the Court itself. The Women’sCaucus for Gender Justice has been anindependent NGO with worldwidemembership for several years, and is amember of the Coalition’s SteeringCommittee.

In addition, a new UniversalJurisdiction Caucus is now being formed.Universal jurisdiction, which allows

national courts to prosecute the worstinternational crimes no matter where theyhappen or who commits them, isconsidered one of the mechanisms ofinternational justice that will provide astrong complement to the work of the ICC.

The ICC itself will not be a universaljurisdiction Court, despite the efforts ofmany NGOs and some governments toinclude universal jurisdiction provisions inthe Rome Statute; its more l imitedjurisdiction will mean that it will not beavailable as a tool in all situations whereserious international crimes are alleged tohave occurred. The ICC will also be limitedby its financial base in its ability to handlemore than a handful of cases at one time.The inclusion of a Universal JurisdictionCaucus within the Coalit ion is inrecognition that rather than supersedingother international justice mechanisms, theICC must work with them in acomplementary manner. Members of thiscaucus will focus in particular onadvocating for the inclusion of universaljurisdiction provisions as countries developtheir implementing legislation.

As ICC advocates begin to focus on newpriorities while continuing to meet existingchallenges, these special interest groups arealso considering how best to channel theirefforts to strengthen the foundation of thefuture Court. To find out more about thework of the caucuses and to get involved inthe important work that needs to be doneas we enter a new phase of ICC advocacy,please contact Joydeep Sengupta, CICCOutreach/Communications Coordinator, atcicc6@iccnow.org, or by phone or fax at theCoalition Secretariat in New York.

Sectoral Caucuses Will Continue to Strengthen the ICC

ICC Will Address Children’s Issues

"What we need from you is yourhelp to keep our peace and unityso that all children…can get aneducation and live in [peace]. Nomore war."- Jose, an 18-year old delegate fromEast Timor to the UN SpecialSession on Children

Children playingduring recess inKabul,Afghanistan(UNICEF website,http://www.unicef.org/noteworthy/afghanistan/)

AFRICA

Conference on ratification andimplementation of the Rome Statute inBurkina Faso, jointly organized by HumanRights Watch and the Association of WomenLawyers of Burkina Faso, in collaborationwith the Ministry of Foreign Affairs ofBurkina Faso, held in Ouagadougou on 27-29 March 2002. This conference gatheredICC advocates from governments, NGOs, barassociations, and universities. Participantsheard presentations on the following topics:crimes under the jurisdiction of the ICC;procedures of the Court; the differencesbetween the mechanisms of the ICC and thead hoc tribunals for the Former Yugoslaviaand Rwanda; and the incorporation of crimesunder the Rome Statute into nationallegislation. For more information, emailPascal K. Kambale at: kambalp@hrw.org

Stakeholders’ Conference on theICC in Nigeria , organized by theInternational Human Rights Law Group, incollaboration with the Center for Democracyand Development and BAOBAB forWomen’s Human Rights, held in Abuja,Nigeria on 13-15 May 2002. Participants atthe meeting adopted a communiqué whichcalls on the Nigerian government to initiatean open process for the nomination of

credible judges for the ICC, and advocates forthe incorporation of the specific provisionsof the Rome Statute into domestic law.Participants also called on civil society towork closely with the Coalition in efforts toraise awareness of the ICC within Nigeria,and to develop a strong network of NGOs inthe region. For more information, contactDr. Jibrin Ibrahim at: lawgroup@skannet.com

Conference for ICC Ratificationand Implementation for FrancophoneStates, hosted by the Parliament andGovernment of Mauritius, organized byParliamentarians for Global Action and theAgence Intergouvernementale de laFrancophonie, with financial support fromthe European Commission and thegovernments of Canada and France, held inMauritius on 27-29 May 2002. This seminarbrought together governmentrepresentatives, parliamentarians andmembers of civil society from nineFrancophone African States. Participantsconcluded that ratification andimplementation of the Rome Statute wouldcontribute significantly to the consolidationof democracy and peace, and urged membersof la Francophonie to be well-represented inthe Assembly of States Parties. For moreinformation, contact Marie-Claire Leman at:marie.leman@pgaction.org

THE AMERICAS

Regional Conference on Ratification andDomestic Implementation of the Statute ofthe International Criminal Court ,organized by the Ministry of Foreign Affairsof Mexico and No Peace Without Justice,held in Mexico City, Mexico on 7-8 March2002. At the opening of this meeting, whichbrought together government officials andcivil society from the Latin American region,Mexican Foreign Minister Jorge Castañedaurged Mexico’s speedy ratification of theRome Statute. Participants reaffirmed theircommitment to raising awareness of theimportance of the ICC, and supportingefforts to promote the ratification process inthe region. For more information, contactMarco Perduca at: mperduca@yahoo.com orvisit the website: www.npwj.org

Regional NGO meeting oncampaigning for ratification of the RomeStatute in Guatemala, El Salvador,Nicaragua and Honduras, organized byHuman Rights Watch and CoalicionGuatemalteca por la Corte PenalInternacional, held in Guatemala City,Guatemala on 12-14 March 2002. More thanfifty NGO representatives from Guatemala, ElSalvador, Nicaragua and Hondurasparticipated in this conference, and renewedtheir commitment to a coordinated effort topromote the ratification and implementationof the Rome Statute in their respectivecountries. For more information, contactBrigitte Suhr at: suhrb@hrw.org

Public meeting in favor of USratification of the Rome Statute, organizedby the World Federalist Association ofGreater New York on 16 April 2002. Thisevent included guest speakers Professor LeilaSadat from Washington University in St.Louis Law School and William Pace,Executive Director of the World Federalist

Movement and Convenor of the NGOCoalition for the ICC. For more information,please email: wfany@rcn.com

International Justice, War Crimesand Terrorism: The U.S. Record, organizedby the Social Research Journal at New SchoolUniversity with support from the OpenSociety Institute, held in New York on 25-27April 2002. This conference brought togetheracademics, activists, jurists, governmentofficials and journalists, to consider how warcrimes and terrorism are and can beaddressed in the current international legalorder, from legal, political, military and otherperspectives. For more information, emailsocres@newschool.edu, or visit the website:http:www.socres.org/justice

Victor Carlos Garcia Moreno,international mock trial of the ICC ,organized by the Mexican Association ofInternational and Comparative HumanRights Studies and COLADIC-Mexico, held inMexico City, Mexico from 29 April to 3 May2002. This international mock trialcompetition, which was possibly the first ofits kind in the world, allowed students topresent both prosecution and defensearguments in a hypothetical case before thefuture ICC. For more information, contactPaulina Vega at: paulina@coladicmx.org orvisit the COLADIC website at:http://www.coladicmx.org

Ceremony of St Yves, the PatronSaint of Lawyers, organized by the BarAssociation of Port-au-Prince on 13-19 May2002. Lawyers, magistrates and judgesgathered to celebrate this annual event inHaiti, in honor of the Patron Saint ofLawyers, and to discuss important legalissues. Participants heard presentations on arange of topics including, "InternationalCriminal Jurisdictions and the ICC." Formore information, contact AlphonseNkunzimana at: cicc8@iccnow.org

Conference on the creation of theInternational Criminal Bar , jointlyorganized by the Paris Bar, the NetherlandsBar, the ICDAA, the Mexican Bar, theFederation of German Bars, the Quebec Barand the Montreal Bar, with support from theCouncil of Europe, held in Montreal, Canadaon 13-15 June 2002. Participants passed aresolution establishing the first InternationalCriminal Bar, and drafted a FrameworkConstitution and an Amending Outline. Formore information, please email:montreal_conference@yahoo.ca

The International Criminal Court MONITOR • June 2002Page 8

Conferences Worldwide Gear Up for Entry into Force

Panelists during the "Conference for ICCRatification and Implementation forFrancophone States," held in Mauritius on 27-29May 2002. (Left-right) Pasteur Nzinahora ofAgence intergouvernementale de laFrancophonie; Abdi Ismael Hersi, SecretaryGeneral of the Ministry of Justice of Djibouti;Hon. Jean de Dieu Mucyo, Minister of Justice ofRwanda; Hon. P. Ramnah, Speaker of theNational Assembly of Mauritius; Dr. IskandarGhattas, Deputy Secretary of State for Justice ofEgypt; Ibrahim Moussa, Director of Legal Affairsat the Ministry of Foreign Affairs andCooperation of Comoros; Brahim Rachidi,Deputy Speaker of the National Assembly inMorocco; S.B. Domah, Parliamentary Counsel ofthe Attorney-General's Office Mauritius; andHon. E.J. Ieung Shing, QC, Attorney-Generaland Minister of Justice of Mauritius.

Press Briefing during the Regional NGO meetingon campaigning for ratification of the RomeStatute in Guatemala, El Salvador, Nicaraguaand Honduras, organized by Human RightsWatch and Coalicion Guatemalteca por laCorte Penal Internacional, held in GuatemalaCity, Guatemala on 12-14 March 2002.

As we move from 60 ratifications toentry into force, governments, NGOrepresentatives, lawyers and members ofthe media organized conferences aroundthe world to develop strategies forratification and implementation of theRome Statute, as well as to discussissues related to the functioning of theCourt. Meetings were held in everyregion of the world, illustrating theimportance of universal acceptance ofthe ICC.

ASIA/PACIFIC

Forum on the ICC, organized by theNational Human Rights Commission ofThailand, in cooperation with FORUM-ASIA,held in Bangkok, Thailand on 13 May 2002.For more information, contact SomchaiHomlaor, secretary-general of FORUM-ASIA,info@forumasia.org

East and Southeast Asia Tour,organized by the Asian Forum for HumanRights and Development (FORUM Asia) on 12-19 May 2002. A five-member team ofinternational experts on the InternationalCriminal Court carried out a 5-nation tour,which included visits in the Philippines, Japan,Republic of Korea, Nepal and Bangladesh. Thegroup met with senior diplomats, governmentofficials and civil society organizations todiscuss progress toward ratification in Asiancountries, and to encourage governmentofficials to ratify the ICC Statute in time toparticipate in the Assembly of States Parties.For more information, contact Evelyn Serranoat: evelyn@forumasia.org

EUROPE/CIS

Fighting Impunity: Stakes and Perspectives,a conference jointly organized by AmnestyInternational-Belgium and the CICC, with thesupport of the Belgium Ministry of ForeignAffairs, held in Brussels, Belgium on 11-13March 2002. The event gathered experts, EUofficials, representatives from States,

international organizations and NGOs from allaround the world. The conference addressed,among other issues, the issues of universaljurisdiction, and obstacles to universaljurisdiction such as amnesties, the principle ofnon bis in idem and immunities. Issues ofinternational cooperation and alternativemeasures against impunity, such as truthcommissions and community-basedmechanisms, were also considered. For moreinformation, e-mail: cicceurope@iccnow.org

El derecho de defensa en elprocedimiento ante la Corte PenalInternacional (The right to defense in theICC), a seminar organized by the Madrid BarAssociation, the Iberoamerican Bar Association(Unión Iberoamericana de Abogados) andColegio de Madrid, with the support of theCounsel General of the Legal Profession ofSpain, held in Madrid, Spain on 22-23 May2002. The seminar was structured aroundseveral themes including general principles ofthe Rules of Procedures and Evidence in theICC; the system of guarantees for the accusedin the Rules of Procedures and Evidence; andultimately, the provisions for the right to acompetent lawyer before the ICC. For moreinformation, contact the Madrid BarAssociation at: uiba@icam.es

Regional conference on theimplementation of the Rome Statute of theICC, organized by the International

Committee of the Red Cross in Budapest,Hungary on 6-8 June 2002. About 50 expertsfrom the Ministries of Justice and ForeignAffairs as well as non-governmentorganizations participated in this conference todiscuss implementation strategies in EasternEurope and CIS countries. Participantsdiscussed legislative amendments required forthe cooperation with the Court, as reflected inthe Conclusions adopted at the end of theconference. For further information, contactTony Camen at: acamen.BUD@icrc.org

NORTH AFRICA/MIDDLE EAST

The International Criminal Court: SomeQuestions and Answers from the ArabRegion, a conference organized by The ArabCenter for the Independence of the Judiciaryand the Legal Profession (ACIJLP), held inCairo, Egypt on 10-12 May 2002. Thisconference brought together diplomats,human rights activists, academics andrepresentatives of civil society to discuss keyissues in the campaign for ratification of theRome Statute within the Arab region. Amongother issues, participants discussed the crime ofaggression, financing of the ICC, fairrepresentation within the Court, and itsrelationship to different countries ororganizations (such as the InternationalCriminal Bar, European Union, the UnitedStates, and Arab countries). For moreinformation, email: acijlp@thewayout.net

The International Criminal Court MONITOR • June 2002 Page 9

Panelists during the Asian Tour in Bangladeshin May 2002. (Left-right) Dr. Ahmed Ziauddin,David Matas, Dr.Lyal Sunga, Niza Concepcion,and Joanne Lee.

Participants during the conference, "FightingImpunity: Stakes and Perspectives," in Brussels,Belgium from 11-13 March 2002. Pictured here(left-right): Irune Aguirrezábal of the Coalitionfor the ICC; Pierre Sané, Assistant DirectorGeneral for Social and Human Sciences andHuman Rights at UNESCO; and Judge BaltasarGarzon Real of Spain.

Books• Ambos, Kai. Der Allgemeine Teil des Völkerstrafrechts. Ansätze einerDogmatisierung [General Principles in International Criminal Law].Berlin: Duncker & Humblot (2002), ISBN: 3428107624. • Bass, Gary Jonathan. Stay the Hand of Vengeance: The Politics of WarCrimes Tribunals. Princeton: Princeton University Press (2000), ISBN:069104922X. • Benchikh, Madjid. Les Organisations internationales et les conflitsarmés. Paris: L'Harmattan (2001).• Cassese, Antonio and Mireille Delmad-Marty (ed.), Juridictionsnationales et crimes internationaux; Crimes internationaux et juridictionsinternationales. Valeurs, politique et droit. Paris: PUF (2002).• Gaboriau, Simone and Hélène Pauliat (textes réunis par), La justicepénale internationale. Limoges: PULIM (2002). • Jurovics, Yann. Réflexions sur la spécificité du crime contre l'humanité.Paris: LGDJ (2002). • Sadat, Leila Nadya. The International Criminal Court and theTransformation of International Law: Justice for the New Millennium(Innovation in International Law), Transnational Publishers (May 2002),ISBN: 1571051333.• Saulnier, Francoise Bouchet. Droits de l'homme, droit humanitaire etjustice internationale. Paris: Actes Sud (2002).

Electronic resources• The report of the Australian Joint Standing Committee on Treaties(JSCOT), which recommended Australia’s ratification of the RomeStatute of the ICC, is available at:http://www.aph.gov.au/house/committee/jsct/Reports/report45/Report%2045.pdf• Italy’s implementing legislation on the Rome Statute, submitted tothe Parliament, is available in Italian at the website:http://www.senato.it/bd/menubanchedati_pubbliche.htm • Spain’s instrument of ratification of the Rome Statute, as publishedin the official journal of Spain, is available at:http://www.boe.es/boe/dias/2002-05-27/seccion1.html#00000 • An analysis of the denunciation of the Rome Statute by the USA,published on the website of the Crimes of War Project, is available at:http://www.crimesofwar.org/onnews/news-us-icc.html • A Call to Action by Ben Ferencz is available at:http://www.benferencz.org/

New Resources

Participants at the "The International CriminalCourt: Some Questions and Answers from theArab Region," held in Cairo in May 2002.

Please contact Shantha Rau at cicc4@iccnow.org to inform us ofupcoming publications on the ICC.

UPCOMING ICC EVENTS June - October 2002Tentatively Scheduled

Jun

e 17-20 June “International Criminal Law in Practice,” a training course for defense lawyers, prosecutors and other legalprofessionals, organized by the International Criminal Law Network. The Hague, Netherlands. For more information andregistration, contact Mrs. Helian Ophorst, via telephone: +31-70-358.80.60; or email: h.ophorst@science-alliance.nl

17-22 June “Workshop on implementation of the Rome Statute in Democratic Republic of Congo,” organized by theMinistry of Justice of the DRC. Kinshasa, Democratic Republic of Congo. For more information, contact Mr. l’AvocatGeneral de la Republique Katuala K. Kashala, via telephone: +243 880 24 18, fax: +243 880 38 12, or email:katualakab@yahoo.fr

19-21 June “Conference on International Justice and the International Criminal Court,” hosted at UniversidadInternacional Menéndez Pelayo. Santander, Spain. For more information, visit the website: http://www.uimp.es

25 June “Hearing on the International Criminal Court: Entry into Force of the Rome Statute and the ChallengesAhead,” a conference jointly organized by the CICC European office and the European Parliament. Brussels, Belgium.For more information, contact Rita Patricio at: cicceurope2@iccnow.org

26-27 June National Workshop on the ICC, hosted by the East Timor NGO Forum, Yayasan HAK and Forum Asia. Dili, EastTimor. For more information, contact Evelyn Serrano at: evelyn@forumasia.org

27-28 June “Conference on Ratification and Implementation of the Statute of the International Criminal Court,”organized by the Spanish Senate in collaboration with Parliamentarians for Global Action (PGA) and the Ministry ofForeign Affairs of Spain, co-sponsored by the European Commission. Madrid, Spain. For more information, contactJuan Kim at: juan.kim@pgaction.org

27-28 June National Workshop-Consultation on the ICC, organized by the Philippine Coalition for the ICC, with supportfrom Forum Asia. Manila, Philippines. For more information, contact Evelyn Serrano at: evelyn@forumasia.org

28 June Pre-birthday Bash for the International Criminal Court, organized by the World Federalist Association USA incollaboration with member groups.Washington, DC. For more information, contact Tony Fleming at:tfleming@wfa.org

July 1 July

1-12 July

Entry into force of the Rome Statute of the ICC. The Bureau of the Preparatory Commission and the CICC will host acelebratory event in New York, in addition to events being held worldwide, to mark the beginning of the Court's jurisdiction.

Tenth Preparatory Commission on the ICC at United Nations Headquarters. New York, United States. For moreinformation, e-mail cicc@iccnow.org or visit the website: www.iccnow.org

17 July Solemn Celebration of the 4th Anniversary of the Adoption of the Rome Statute establishing the InternationalCriminal Court and its Entry into Force, organized by No Peace Without Justice, in collaboration with the Ministryof Foreign Affairs of Italy. Rome, Italy. For more information, contact Marco Perduca at: mperduca@yahoo.com

17 July

17 July

Celebration of the World Day for International Justice, jointly organized by Amnesty International USA and theWorld Federalist Association - Chicago. Chicago, Illinois (Kent College of Law). For more information, please contactMs. Sita Baltazar of Amnesty International at: sbalthaz@aiusa.org

Press briefings and festivities hosted worldwide in celebration of World Day for International Justice. For moreinformation about media events, contact Adele Waugaman at: ciccmedia@iccnow.org. To discuss your plans andobtain materials and support, email Joydeep Sengupta at:cicc6@iccnow.org

20-26 July Irish Centre for Human Rights Summer School on theInternational Criminal Court. Galway, Ireland. For moreinformation, visit the website: http://www.nuigalway.ie/human_rights/

Au

gust 9-13 August “Prosecuting Transnational Terrorists: What are the Options?,” a

meeting organized by the American Bar Association, Section ofInternational Law and Practice. Willard Hotel, Washington, DC. Formore information, contact Jennifer Dabson, via email:jdabson@staff.abanet.org; or telephone: +1-202 662-1667

Sep

tem

ber 3-10 September

4-8 September

First Meeting of the Assembly of States Parties at UNHeadquarters. New York, NY. For more information, email:cicc@iccnow.org

Human Rights Lawyering and the ICC, a conference organized byBetter Law Forum International. Abuja, Nigeria. For moreinformation, contact Ken Achufuna, via email:betterlawforum.int@justice.com or blfi_rcs@hotmail.com; ortelephone: +234-80-230-96-397 or +234-90-406095

Oct

ob

er TBD “International Criminal Justice, Human Rights, and theFight against Terrorism,” a regional workshop for members ofParliament from the Commonwealth of Independent States(CIS), organized by Parliamentarians for Global Action (PGA) andhosted by members of PGA Russia. Moscow, Russia. For moreinformation, contact David Donat-Catt in at :donat@mail.pgaction.org

1-3 October First International Conference on Justice and Law, organizedby the Supreme Popular Tribunal of the Republic of Cuba.Havana, Cuba. For more information, contact Dr. Ortelio JuizPrieto at: dietsp@ceniai.inf.cu or Migdalia Luna Cisneros at:migdalia@palco.cu

The International Criminal Court MONITOR • June 2002Page 10

NGO and government panelists at the regionalconference on the implementation of the RomeStatute of the ICC, held in Budapest, Hungaryin June 2002.

Activists Jutta Bertram-Nothngael and Prof.Daniel Nsereko strategize at the 9th PrepCom.

Page 11The International Criminal Court MONITOR • June 2002

By the end of the year 2001, it had becomeclear to members of the Coalition for the ICC(CICC or Coalition) that the goal of achieving60 ratifications of the Rome Statute of the ICCcould be realized within the first half of the year2002. The Coalition Secretariat had beenengaging in informal discussions with Coalitionmembers even prior to that time about thecritical issues that would need to be consideredonce entry into force of the Rome Statute wasin sight.

In January 2002, the Coalition Secretariatorganized a two-day meeting of the Coalition’sinformal Steering Committee in New York asthe first step in providing a more structuredform of broad consultation with CICCmembers about the future of ICC-related work.The first issue discussed was the future of theCoalition itself, as the Secretariat wanted todetermine whether Steering Committeemembers intended to continue to work on theICC, to participate in the Coalition, and tosupport the Coalition Secretariat. All membersof the Steering Committee in attendanceindicated their organization’s commitment toremaining engaged in the ICC campaign,recognizing that the 60th ratification wouldbring a new set of challenges while manyexisting activities would need to continue.There was overwhelming consensus that theexistence of the Coalition for the ICC promotesthe collaboration of NGOs, provides importantservices for all of its members, and ensures thatNGOs from the global south are able toparticipate more fully in the process. There wasalso support for the continuation of the currentstructure, in which the World FederalistMovement acts as the legal and fiscal agent for

the Coalition, and for its Executive Director,William Pace, to continue his role as theCoalition’s Convenor.

The second item on the agenda was adiscussion of how ICC-related work will need toevolve in the next one to two years. A draft listof goals was produced, and many ideas weregenerated regarding the activities that will needto be undertaken to realize these goals. Criticalissues were highlighted throughout thediscussion. Notes taken during this session wereused to create a discussion paper with a draft listof goals for ICC-related work in the next phaseand develop some strategies and activities thatrelate to each of the goals. This document wascirculated to CICC members in attendance atthe April 2002 Preparatory Commission meetingin New York, and comments, additions anddeletions were invited. Two meetings were alsoheld during this session to discuss aspects of thegoals and strategies in an open meeting.Questions about the future of the Coalition werealso raised as a starting point, and the same

strong affirmations were made about the needfor the Coalition to continue.

It should be noted that this consultationprocess and any documents produced serve twopurposes: 1) to facilitate the efforts of membersof the Coalition for the ICC in developing theirICC programs for the next critical phase of thisprocess; and 2) to help focus the work of theCoalition Secretariat. They do not in any wayaffect the broad mandate of the Coalition or itsprinciples, nor do they bind members of theCoalition or the Coalition Secretariat to supportparticular approaches or take specific actions.

The Coalition Secretariat would like toinvite all CICC members to contribute to thisdialogue by reviewing and commenting on thediscussion paper. It has been emailed to allCICC members in our database, and can bemade available by sending an email tocicc@iccnow.org. This document is and willremain a work-in-progress, as strategies,activities and critical issues will continue toevolve.

too, is the accountability of the Prosecutorwhose decisions are subject to oversight bythe judges.

Third, the US government argues that theICC should not have jurisdiction overcitizens of states who have not yet ratifiedthe Rome Statute. However, the Court'sjurisdiction arises from both the nationalityand territory of States Parties. If a personallegedly commits a crime in anothercountry, which is a State Party to the treaty,that country has the sovereign right to trythe accused at whatever level it deemsappropriate. The United States is not onlyrefusing to support the Court, claiming thatthe ICC is a threat to US sovereignty, but isinstead attacking an institution set up byother sovereign states.

This stance by the US government isdisappointing, and in marked contrast to thelong history of US cooperation with othernations in promoting the rule of law. Fromthe Nuremberg trials in 1945 to the currentad hoc tribunals, the United States' leadershipin the development of international justice

has been exemplary. US support of ad hoctribunals and South Africa's Truth andReconciliation Commission is admirable. Inmy long experience with a wide variety ofinternational and domestic justicemechanisms, I whole-heartedly supportcreative solutions to attain lasting peace.However, the US must keep in mind that theICC is one of several important pillars in thegrowing global movement for internationaljustice.

As the sole superpower in a volatile anddangerous world, it is in the best interest ofthe United States to provide much neededmoral leadership in the world, by fosteringinternational cooperation and efforts tostrengthen global institutional mechanismsto combat terror, armed conflict and otherthreats to human security and peace. Bydistancing itself from the ICC, the UnitedStates is only further alienating itself from itskey allies, especially in Europe and theAmericas.

The ICC is not a threat to US sovereignty,but, in fact, represents the strengthening ofthe international justice system. It is my

earnest hope that the United States will re-consider its actions to weaken or oppose theICC, and will instead allow the Court toprove itself as a professional judicialinstitution. As the painstakingly meticulouswork of the prosecutors at the ad hoctribunals have shown, the highest judicialstandards of transparent and fair trials canand must be met.

Ultimately, the ICC is a tribute to themillions of innocent men, women andchildren who lost their lives as victims ofsome of the worst human rights violations inpast centuries. Given its legal safeguards, thebuilt-in principle of complementarity and thesupport from the United Nations,governments and civil society organizationsfrom every region in the world, the ICC iscertain to be an effective tool to endimpunity in the 21st century.

Justice Richard Goldstone has served as Justice ofthe Constitutional Court of South Africa since1994, and was recently appointed as thechairperson of the International Task Force onTerrorism by the International Bar Association.

The representative of the Host State and the head of the DutchNational Planning Unit, Eduard Wellenstein, told the delegates that inlight of recent calculations of the needs of the Court, the Host State hasbegun to look for a different site for the Court’s temporary premises andhopes to secure a new site soon. Regarding the permanent premises, Mr.Wellenstein noted that the parameters for an international architecturalcompetition were being put into place.

Delegates at the ninth Preparatory Commission made significantprogress on the remaining issues of discussion, suggesting that the

PrepCom will complete its mandate by the end of the final PreparatoryCommission. The Commission will continue to exist until the close ofthe first meeting of the Assembly of States Parties, tentatively scheduledto take place in the first week of September 2002. At that time, theCommission is expected to forward its work to the Assembly for finalapproval.

A full report of the ninth session of the Prepcom is available atwww.iccnow.org

Espen Nostrand served as the head of the European Law Students Associationdelegation to the 9th Preparatory Commission.

Progress at the Prepcom, continued from page 6

US Withdrawal, continued from page 3

New Goals Identified for Next Phase of ICC Advocacy

The list of goals for ICC-related work innext phase include the following:

1. Obtaining worldwide ratification of theRome Statute2. Ensuring the development of strongimplementing legislation in all ratifying countries3. Ensuring that the appropriate mechanismsare in place for the Court to begin functioningeffectively as early as possible4. Monitoring and supporting the work of thePreparatory Commission

5. Preparing for, monitoring and supporting thework of the Assembly of States Parties6. Generating international public support forthe Court7. Providing information to key stakeholders atthe national and international level about theCourt, the Rome Statute & supporting documents8. Building the Coalition and its networks

And once the Court is established in 2003:9. Monitoring and supporting the work of thefunctioning Court

For More Information Please return this form to: CICC c/o WFM, 777 UN Plaza, 12th Floor New York, NY 10017, USA fax: +1 212 599 1332

Name & Title Organization

Address City State Postal Code Country

Phone / Fax e-mail

o My organization would like to be a participating organization of the NGO Coalition for an ICC as described in “To Join the Coalition”.o Please keep me / my organization informed about progress on the ICC negotiations.

States Ratification DateParties

Andorra 30 April 2001Antigua &

Barbuda 18 June 2001Argentina 8 February 2001Austria 28 December 2000Belgium 28 June 2000Belize 5 April 2000Benin 22 January 2002Bosnia & H. 11 April 2002Botswana 8 September 2000Brazil 20 June 2002Bulgaria 11 April 2002Cambodia 11 April 2002Central Af. R. 3 October 2001Canada 7 July 2000Costa Rica 7 June 2001Croatia 21 May 2001Cyprus 7 March 2002 D.R.of Congo 11 April 2002Denmark 21 June 2001Dominica 12 February 2001Ecuador 5 February 2002 Estonia 30 January 2002Fiji 29 November 1999Finland 29 December 2000France 9 June 2000Gabon 20 September 2000Germany 11 December 2000Ghana 20 December 1999Greece 15 May 2002Hungary 30 November 2001 Iceland 25 May 2000Ireland 11 April 2002 Italy 26 July 1999Jordan 11 April 2002Lesotho 6 September 2000Liechtenstein 2 October 2001Luxembourg 8 September 2000Macedonia,

FYR 6 March 2002 Mali 16 August 2000Marshall

Islands 7 December 2000Mauritius 5 March 2002Mongolia 11 April 2002 Nauru 12 November 2001Netherlands 17 July 2001New Zealand 7 September 2000

Niger 11 April 2002Nigeria 27 September 2001Norway 16 February 2000Panama 21 March 2002 Paraguay 14 May 2001Peru 10 November 2001Poland 12 November 2001Portugal 5 February 2002Romania 11 April 2002San Marino 13 May 1999Senegal 2 February 1999 Sierra Leone 15 September 2000Slovakia 11 April 2002 Slovenia 31 December 2001South Africa 27 November 2000Spain 24 October 2000Sweden 28 June 2001Switzerland 12 October 2001Tajikistan 5 May 2000Trinidad &

Tobago 6 April 1999 Uganda 14 June 2002U. Kingdom 4 October 2001Venezuela 7 June 2000Yugoslavia 6 September 2001

Signatures Signature DateAlbania 18 July 1998 Algeria 28 December 2000 Angola 7 October 1998Armenia 1 October 1999Australia 9 December 1998 Bahamas 29 December 2000Bahrain 11 December 2000Bangladesh 16 September 1999Barbados 8 September 2000Bolivia 17 July 1998 Burkina Faso 30 November 1998 Burundi 13 January 1999 Cameroon 17 July 1998 Cape Verde 28 December 2000 Chad 20 October 1999Chile 11 September 1998 Colombia 10 December 1998 Comoros 22 September 2000Congo (Braz.) 17 July 1998 Cote d'Ivoire 30 November 1998 Czech R. 13 April 1999Djibouti 7 October 1998

Dominican R. 8 September 2000Egypt 26 December 2000Eritrea 7 October 1998 Gambia 7 December 1998 Georgia 18 July 1998 Guinea 8 September 2000 Guinea-Bissau 12 September 2000 Guyana 28 December 2000 Haiti 26 February 1999 Honduras 7 October 1998 Iran 31 December 2000Israel 31 December 2000Jamaica 8 September 2000Kenya 11 August 1999Kuwait 8 September 2000 Kyrgyzstan 8 December 1998 Latvia 22 April 1999Liberia 17 July 1998 Lithuania 10 December 1998 Madagascar 18 July 1998 Malawi 3 March 1999 Malta 17 July 1998 Mexico 7 September 2000Monaco 18 July 1998 Morocco 8 September 2000 Mozambique 28 December 2000 Namibia 27 October 1998 Oman 20 December 2000 Philippines 28 December 2000R.of Korea 8 March 2000R.of Moldova 8 September 2000 Russian Fed. 13 September 2000Samoa 17 July 1998 Sao Tome et

Principe 28 December 2000 Seychelles 28 December 2000 Solomon Is. 3 December 1998 St. Lucia 27 August 1999Sudan 8 September 2000 Syria 29 November 2000Tanzania 29 December 2000 Thailand 2 October 2000 Ukraine 20 January 2000U.Arab E. 27 November 2000Uruguay 19 December 2000USA 31 December 2000Uzbekistan 29 December 2000Yemen 28 December 2000 Zambia 17 July 1998 Zimbabwe 17 July 1998

States Parties and Signatories to the Rome TreatyAlphabetical as of 20 June 2002

The NGO Coalition for the International Criminal Court(CICC) welcomes the participation of non-governmentalorganizations from all sectors of civil society.

To be a participating organization of the Coalition,a non-governmental organization must (1) endorse inprinciple the creation of a fair, effective andindependent International Criminal Court, (2) wish tobe involved at some level in supporting theestablishment of the ICC, (3) make an activecommitment to the earliest possible world-wideratification and entry into force of the Rome Statute for

the ICC adopted on 17 July 1998, and (4) make anactive commitment to the adoption of comprehensivenational implementing legislation following ratification.

We encourage both organizations and individuals tosupport the Coalition as they are able. There is nomembership fee to join the Coalition. The Coalition doesnot have individual members. In general the Coalitiondoes not take positions, but serves to raise awareness ofthe positions of its members. To join the Coalition, or toreceive more information in the future, please fill out theform below and return it to the CICC Secretariat.

The main purpose of the NGO Coalition forthe International Criminal Court is toadvocate for the creation of an effective, justand independent International CriminalCourt. The Coalition brings together abroad-based network of over 1,000 NGOs,international law experts and other civilsociety groups. The multi-track approach ofthe Coalition involves: promotingeducation and awareness of the ICC and theRome Statute at the national, regional andglobal level; supporting the successfulcompletion of the mandate of thePreparatory Commission and facilitatingNGO involvement in the process;promoting the universal acceptance andratification of the Rome Statute, includingthe adoption of comprehensive nationalimplementing legislation followingratification; and expanding andstrengthening the Coalition’s globalnetwork. To achieve these goals, some ofour activities include:• Convening sectoral caucuses (Women’s,Children’s, Faith, Peace, UniversalJurisdiction, and Victims’), national andregional networks, and issue working groups.• Maintaining a World Wide Web site andemail lists to facilitate the exchange of NGOand expert documentation and informationconcerning the ICC negotiations and the adhoc Tribunals and to foster discussion anddebate about substantive issues.• Facilitating meetings between theCoalition and representatives ofgovernments, UN officials and othersinvolved in the ICC negotiations.• Promoting education and awareness ofthe ICC negotiations at relevant public andprofessional conferences - including UNconferences, committees, commissions andpreparatory meetings.• Producing newsletters, bulletins, mediaadvisories, reviews and papers on all aspectsof efforts to establish the ICC.

NGO Coalition for theInternationalCriminal Courtc/o WFM, 777 UN Plaza,12th FloorNew York, NY 10017 USAPhone: 1 212-687-2176 Fax: 1 212-599-1332Email: cicc@iccnow.orgWeb Address: http://www.iccnow.org

About the NGOCoalition for the ICC

To Subscribe to the Email List

To Join the Coalition

If you are interested in keeping abreast of day-to-daydevelopments pertaining to the ICC, you are invited tosubscribe to the ICC email list. To subscribe, please senda blank email to:

icc-info-subscribe@yahoogroups.com

To Contribute to the CoalitionIf you are interested in making a tax-deductiblecontribution to the Coalition, please make the checkpayable to the CICC and send it to: NGO Coalition for the ICC, c/o WFM, 777 UN Plaza,12th Floor, New York, NY 10017, USA