Pengadilan HAM Internasional | Muchamad Ali Safa'at

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Design by Deborah H. Cotton - Georgia, USA Email: [email protected]

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From Nuremberg to Rome

Aggressive War, War Crimes,

Crimes against Peace

Crimes against Humanity

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The Need for the International Criminal Court

Photo Courtesy of Mandy Jacobson Internews.org for Rwanda.

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The ICC: A History in Brief

• International Law Commission (ILC)

• Ad hoc Tribunals

• PrepCom

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The International Criminal Court

Benjamin B. Ferencz

Nuremberg Prosecutor

Meeting of 160 countries to adopt

the Rome Treaty, 17 July 1998.

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•

deter future war criminals

•

promote universal justice

•

end impunity

•

help end conflicts

•

remedy deficiencies of

ad hoc tribunals

•

complement national judicial

systems

Photos Courtesy of AP-Kosovo United Nations-public info.

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Current Recourse



Sanctions



embargoes



collective military force



ad hoc tribunals

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• _{Selective justice}

• Funding

• _{Slow pace of arrest and prosecutions}

• _{Management and administrative difficulties}

• _{Inmate population}

• _{Time/place restrictions}

• _{Surrender and/or arrest of suspects}

Problems of Ad hoc Tribunals

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Article 5

Crimes within the jurisdiction of the ICC



genocide



crimes against humanity



war crimes



the crime of aggression

_.

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Article 13

Exercise of jurisdiction

S e c u r i t y C o u n c i l P r o s e c u t o r S t a t e P a r t y

• State Party to the Statute

• UN Security Council under Chapter VII (UN Charter)

• Prosecutor with approval of Pre-Trial Chamber

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Jurisdiction Facts

Rome Statute-Article 17, 18, 19

• The ICC will complement national jurisdiction

• The ICC will not have independent enforcement

powers

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Judicial Appointment

Rome Statute-Article 36.

Selection Criteria:

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Misguided Fears of the ICC

Part I (Political)

(ICC-Setting the Record Straight).

• Sovereignty / international authority

• Humanitarian intervention would be

hampered

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Misguided Fears of the ICC

Part II (Constitutional / Legal)

• Due Process / absence of defendant’s

rights (principles of justice are universal)

• Malicious / false prosecution

• Ex-post facto prosecutions

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The Rome Statute entered into force on 1 July 2002.

http://www.un.org/law/icc/statute/romefra.htm

Article 11:

(1) The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

(2) If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes

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Acceptance of the ICC: Current Status



The necessary 60 ratifications have

been achieved with the simultaneous

ratification of ten countries that were

deposited at the UN on April 11, 2002.

This brings to date over 75+ ratifications.

Status and updates: http://www.ciccnow.org/

Kingdom of Cambodia April 2, 2002

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Current Ratifications Status

Statute had 76 States Parties and 139 Signatories, representing every region of the world and every legal system.

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Key Upcoming Issues

• Election of Judges

• Assembly of State Parties Meeting

• First Year Budget

• Practical Issues

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QUESTIONS

Will all of the Constitutional protections enjoyed by American citizens be protected by the ICC?

Will the ICC really have much purpose, since there have only been three international tribunals in 50 years?