HUMAN RIGHTS: Tough Debate over Powers of Int’l Criminal Court

By Tito Drago Reprint | | Print |

Tito Drago

MADRID, Jan 7 1998 (IPS) - An International Criminal Court (ICC), whose faculties have yet to be defined, is to emerge from an international conference in June, to be held in Rome under the auspices of the United Nations.

The New York-based International Coalition of Non-Governmental Organisations (NGOs) for the ICC and Spain’s Federation of Associations for the Defence and Promotion of Human Rights called Wednesday on civil society worldwide to take an active role in creating the court.

At a joint press conference in Madrid, the two NGOs stressed that only the active participation of civil society in the process of creating the ICC will make it an effective tool for defending human rights throughout the world.

The International Coalition’s Pascalle Norris underlined that although no UN member state was opposed to the creation of the ICC, problems arose when it came to deciding the powers and functions of the court.

Norris cited her home – the United States- as an example of a country that makes a positive contribution to the technical and legal aspects of the process in course, but is ambiguous with respect to the political aspects.

One of the most controversial questions is the ICC’s relationship with the UN Security Council.

Norris argued that putting the court under Security Council control “would make it possible for any member of the Council to block an investigation which had reached the ICC,” something she considered inadvisable.

A third position, midway between those pushing for a court subordinate to the Security Council and those who want a totally independent body, is headed by Singapore.

The Singapore current argues that the Council should have the authority to question trial verdicts, but within a certain time limit and not on a permanent basis.

The Scandinavian countries, Germany, Argentina, Costa Rica, the Philippines, the Netherlands and the United Kingdom (since the Labour government of Tony Blair entered office) are some of the most staunch advocates of an independent ICC, said Norris.

The court, which is to begin functioning by the year 2000, would not be able to address matters dating back to before its creation. Norris explained that no state would agree to an ICC empowered to investigate past genocidal crimes.

Another important aspect, said Jose Antonio Gimbernat, the president of the Federation of Associations for the Defence and Promotion of Human Rights, is that ICC prosecutors should be independent of the litigious states as well as the Security Council.

Both Norris and Gimbernat insisted that the quality of the ICC would depend on the pressure applied to governments by civil society in each country. They ended the press conference with a call to NGOs worldwide to join the International Coalition, and provided an e-mail address: cicc@igc.org.