European Newsletter # 34iccnow.org/documents/euroupdate34.200310.pdf · Latin American and...

European Newsletter

Coalition for the International Criminal Court The European monthly publication on the International Criminal Court 34th Edition October 2003

Director Irune Aguirrezabal Quijera Editor Rita Patriacutecio CICC European Office Rue Montoyer 6 - 1000 Brussels Belgium

Tel + 32 2 502 62 15 Fax + 32 2 502 62 38 E-mail cicceurope2iccnoworg Website wwwiccnoworg

In this Edition bull SEPTEMBER 2003 92 STATES PARTIES to the Rome Statute Georgia ratified the Rome Statute on the

5th of September 2003 APIC 42 Signatures and 2 Ratifications p 4 bull ASSEMBLY OF STATES PARTIES MET IN SEPTEMBER 2003 Election of the Deputy Prosecutor

Election of members of the Board of Directors of the Trust Fund for the benefit of victims of crimes within the jurisdiction of the Court and families of such victims ASP Resolution Recognising the Coordinating and Facilitating Role of the NGO Coalition for the ICC p 4

bull US ACTION AGAINST THE ICC Update on last developments p 7 bull BILATERAL IMMUNITY AGREEMENTS Macedonian (FYROM) Parliament to ratify Agreement

signed with USA Helsinki Committee for Human Rights of Macedonia issues appeal for Non-Ratification p 8

bull UN SUB COMMISSION ON HUMAN RIGHTS PASSES RESOLUTION SUPPORTING THE ICC p8 bull EUROPEAN PARLIAMENT Resolution on Human Rights in the World calls for Worldwide Support to the

ICC p9 bull COUNCIL OF EUROPE Strengthens Support to the ICC- Third Consultation Meeting on the implications

for Council of Europe Member States of the ratification of the Rome Statute p 9 bull CICC-EUROPE ORGANISES SIDE EVENT ON ICC during ODIHRs human dimension

implementation meeting p 10 bull THE COALITION REPORTS The European Office of the Coalition for the ICC brings to your attention

reports of relevant ICC meetings p11 bull UPDATES ON RATIFICATION AND IMPLEMENTATION IN EUROPE More developments in Croatia

Hungary Kyrgyzstan Portugal Spain p 12-20 bull CALENDAR OF ICC EVENTS p21 bull LATEST PUBLICATIONS p22 bull BECOME A MEMBER OF THE COALITION FOR THE ICC The CICC Membership Request Form p 24

CONTACT THE COALITION FOR THE ICC Asian Coordinator Evelyn Serrano ciccasiaiccnoworg

European Coordinator Irune Aguirrezabal Quijera cicceuropeiccnoworg Latin American and Caribbean Coordinator Joseacute Guevara cicc2iccnoworg

The Hague Office Legal Adviser Jennifer Schense cicclegaliccnoworg New York Office Program Director Tanya Karanasios cicc1iccnoworg

Convenor of the Coalition William R PACE Website wwwiccnoworg

NGO Coalition for the International Criminal Court

What is the Coalition for the International Criminal Court

The Coalition for the International Criminal Court (CICC) is a network of over two thousand civil society organisations in around 150 countries supported through regional coordinators and liaisons based all over the world The role of the Coalition is to represent facilitate and coordinate the work of its worldwide membership while serving as the primary information resource on the ICC and a liaison between governments International Criminal Court officials international organisations academics and civil society members The Coalition is working since 1995 towards a common goal the establishment of a permanent fair and independent International Criminal Court (ICC) Since the Rome Conference adopted in July 1998 by an overwhelming majority of states (120) the Rome Statute the NGO Coalition has been mandated to focus on five interconnected goals bull Promoting education and awareness of the ICC

and the Rome Statute at the national regional and global level

bull Facilitating the effective participation of civil society and NGOs as observers at the Assembly of States Parties in particular of representatives from the south

bull Expanding and strengthening the global network of organisations working on the ICC

bull Promoting universal acceptance and ratification of the Rome Statute as well as promoting and facilitating technical cooperation to ensure the adoption of strong domestic implementing legislation

bull Assuring the effective establishment of the ICC Since 1999 the EUROPEAN OFFICE of the Coalition is based in Brussels with a mandate to further the goals outlined above with a particular focus on this region

The Steering Committee of the Coalition for the ICC Amnesty International Asociacion Pro Derechos Humanos European Law Students Association Federation Internationale Des Ligues Des Droits De Lrsquohomme Human Rights Watch International Center For Human Rights And Democratic Development International Commission of Jurists Lawyers Committee For Human Rights No Peace Without Justice Parliamentarians For Global Action Union Interafricaine Pour Les Droits De Lrsquohomme Womenrsquos Caucus For Gender Justice The World Federalist Movement

Historical Overview

With 92 States Parties as of the 5th of September 2003 the ICCrsquos jurisdiction continues to broaden its scope and support all over the world Yet the universal nature of the Rome Statute calls for prompt and worldwide ratification and accession In June and July 1998 in an effort to strengthen mechanisms of international justice and bring an end to impunity the international community met at the Rome Diplomatic Conference of Plenipotentiaries The purpose of this gathering was to work on a treaty to establish the worldrsquos first permanent International Criminal Court At the time many thought it impossible that the five weeks of negotiations would result in the adoption of a treaty Yet on 17 July 1998 the Rome Statute of the ICC was adopted by a vote of 120 to 7 with 21 abstentions Even with this enormous achievement predictions were made that it would be decades before enough governments would make the political commitment and work through the complex legal issues to bring the treaty into

force Since the adoption of the Rome Statute one 139 countries signed the Courts treaty by the established deadline of December 31 2000 With the deposit of the 60th ratification instrument on the 11th April 2002 the Rome Statute entered into force on the 1st July 2002 pursuant to article 126 of the Rome Statute beginning the jurisdiction of the worlds first permanent tribunal capable of trying individuals accused of the most serious violations of International Humanitarian Law genocide war crimes crimes against humanity and once defined aggression Following the entry into force of the Rome Statute on July 1 2002 the ICC established its headquarters in The Hague the Netherlands and sworn in its top officials including eighteen judges the Prosecutor and Registrar The Court is expected to begin investigating and hearing cases once all its officials are installed

What is the International Criminal Court (ICC)

The International Criminal Court is a treaty-based organisation governed by the countries to have ratified or acceded to itsrsquo treaty the Rome Statute Unlike the Rwanda and Yugoslavian International Criminal Tribunals created by a Security Councilrsquos Resolution the jurisdiction of the ICC is not chronologically or geographically limited The ICC does not have jurisdiction over crimes committed before the 1st July 2002 the date the Rome Statute entered into force The ICCrsquos jurisdiction encompasses crimes of genocide war crimes and crimes

European Newsletter 34 October 2


against humanity A fourth crime the crime of aggression is also listed in the Rome Statute in article 5 (d) Nevertheless States need to agree in a definition of this crime before the ICC can have jurisdiction over it This could occur in 2009 at the first Review Conference of the Rome Statute Thus the ICC is unable to consider any charge of aggression Which are the triggering mechanisms to initiate a case before the ICC

States Parties can refer to the Prosecutor of the ICC situations in which crimes within the jurisdiction of the Court appear to have been committed and request the Prosecutor to investigate the situation (Art 14 RS) The Prosecutor may also initiate investigations proprio motu on the basis of information received for example from NGO communications In order to proceed with the investigation the Prosecutor must obtain authorisation from the Pre-Trial Chamber of the Court (Article 15 RS) In these cases one of the following preconditions shall apply Criteria of Territoriality The ICC has

jurisdiction over crimes committed in the territory of States Parties or in the territory of a Non State

party that accepted on an ad hoc basis the jurisdiction of the Court regardless of the nationality of the perpetrator Criteria of the Nationality of the accused The

ICC has jurisdiction over crimes committed by individuals who are nationals of States Parties or of Non States parties which have accepted the jurisdiction of the Court regardless of where the crime is committed The Security Council referral to the ICC The Security Council can acting under Chapter VII of the Charter of the United Nations refer a situation in which one or more crimes appears to have been committed No prerequisite of territoriality or nationality is necessary (Article 13 (c) RS)

The System of the Rome Statute

The Principle of Complementarity According to the Rome Statute national jurisdictions have primacy over the jurisdiction of the ICC The ICC does not replace national legal systems or the duty of each state to investigate and try individuals for such gross crimes It is complementary to national jurisdictions Thus the ICC will only intervene if the State is unwilling or unable to investigate prosecute and try an individual who allegedly committed the crimes foreseen in the Rome Statute The State is unwilling if for example a national decision has been made for the purpose of shielding the person concerned from criminal responsibility for the crimes foreseen in the Rome Statute- Article 17 2(a) The State would be unable if for example the State were incapable to carry out its proceedings eg if the national criminal legislation does not foresee the crimes in the Rome Statute Thus national criminal legislation must be adopted in order to ensure that the State can carry out the investigation prosecution and try the individual The General obligation of States Parties to Cooperate fully with the Court in its investigations and prosecution States are obliged to provide any necessary procedures under

national law for cooperation with the ICC The ICC depends on the support and cooperation by States to assist the Prosecutor and the Court with the investigations detaining and surrendering suspects protecting and delivering evidence protecting witnesses and victims etc Thus implementation of dispositions enabling full cooperation with the ICC is fundamental A most significant achievement of the ICC in the long term will result from it being used as a force in strengthening national criminal legislation by including in the penal codes the criminal types foreseen in the Rome Statute with the same or even broader definitions ensuring the application of the same principles of criminal law at the national level as well as including dispositions enabling full cooperation with the Court Often this implies amending the penal code the criminal procedural code and in some cases the Constitution The CICC is very concerned that as of today only few countries have incorporated the necessary implementing legislation

CICC Policy on Possible Situations and Communications to be referred to the Court

The NGO Coalition for the ICC is dedicated to the establishment of the International Criminal Court as a fair effective and independent international organisation The Coalition will continue to provide the most up to date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC The Coalition as a whole and its secretariat will not be directly involved in the promotion or development of situations before the ICC The Coalition will endeavour though to respond to basic queries and to raise awareness about the ICCs complaint system as it develops In addition many individual CICC members will provide legal and other support on investigations and will develop



partnerships with local and other organizations in the course of their efforts Communications to the ICC can be sent to ICC PO Box 19519 2500 CM The Hague The Netherlands What is Next in the ICC campaign

With the entry into force of the Rome Statute a new epoch in international justice has begun Much work remains to ensure that the Court will be as fair effective and independent as possible yet we are inspired by the overwhelming commitment of governments and NGOs from every region of the world Together we will work to ensure that the potential of this great institution is fully realised Members of the Coalition for the International Criminal Court are convinced that in addition to being a strong instrument for strengthening national justice systems democracy and Peace the ICC represents a profoundly ethical response to the horrendous crimes suffered by millions of victims throughout history Its creation is one of the best examples of what can be achieved through strong cooperation among governments

international organisations and civil society groups Meanwhile NGOs are mindful that in many ways their work on the ICC is only beginning The Coalition has identified critical goals for the next phase of its work which include 1 Obtaining worldwide ratification of the Rome Statute 2 Ensuring the development of strong implementing legislation in all countries that have signed ratified or acceded to the Rome Statute for the ICC 3 Ensuring that the appropriate mechanisms are in place for the Court to begin functioning effectively as early as possible 4 Monitoring and supporting the work of the Assembly of States Parties

SEPTEMBER 2003 92 STATES PARTIES TO ICC TREATY On the 5th of September 2003 Georgia deposited the instrument of ratification of the Rome Statute at the UN Headquarters in New York thereby becoming the 92nd State Party to the ICC Treaty 41 SIGNATURES and 2 RATIFICATIONS TO THE AGREEMENT ON PRIVILEGES AND IMMUNITIES (APIC) Croatia signed the APIC on the 23rd of September 2003 Greece and Slovenia on the 25 September and Belize and Sierra Leone on 26 September 2003 The Agreement was adopted on 9 September 2002 and opened for signatures on 10 September 2002 The Agreement enters into force after 10 ratifications So far only two states have ratified Norway and Trinidad amp Tobago For more information about the APIC please contact Cecilia Nilsson at cicclegal2iccnoworg and visit our website at wwwiccnoworgbuildingthecourtnewapichtml Assembly of States Parties met in September 2003

The ninety-two governments to have ratified or acceded to the Rome Statute of the International Criminal Court (ICC) convened from the 8th to the 12th of September 2003 at the second session of the Assembly of States Parties (ASP) of the ICC treaty After nine years of ICC meetings at the UN headquarters in New York the Assembly will hold its next meetings in The Hague The Netherlands where this new international organisation is based During its first year the Assembly elected eighteen judges a prosecutor and registrar and took major steps in building what will become one of the most important international organizations ever established said William R Pace convenor of the Coalition for the ICC Pace added This progress has been achieved despite the fierce opposition of the most powerful government in the world a testament to the growing support for democracy justice and the rule of law in international affairs

The ASP meeting chaired by the ASP President Jordanian Prince Zeid Raad Zeid Al-Hussein addressed a broad range of items and heard statements from ICC officials In introducing the progress report of the ICC Judge Philippe Kirsch said the Court was no longer an aspiration but a functioning institution and was preparing to meet the challenge before it to ensure the even-handed and effective delivery of justice and in so doing to conduct efficient transparent and fair proceedings

The Prosecutor Luis Moreno Ocampo outlining the activities of his Office to establish policy structure and regulations encouraged States to take ownership of the Court Turning to the alleged crimes committed in the Ituri district of the Democratic Republic of the Congo he said that those potentially constituted genocide crimes against humanity or war crimes - all of which fall within the Courts jurisdiction If necessary he stood ready to seek authorization from the pre-trial chamber to start an investigation



Italy addressed the Assembly on behalf of the European Union and associated States The EU Presidency reaffirmed the importance for States Parties to fulfil their financial obligations so that the Courts performance of its tasks is not impaired by lack of funds Responsible budgetary management would be key to ensuring widespread international support Accordingly States Parties should continue to enact the necessary national measures to enable its effective cooperation with the Court They should spare no effort in promoting universal participation in the Rome Statute and its full implementation in domestic legislation States should further become parties to the Agreement on Privileges and Immunities of the Court and ensure the enacting of national implementing legislation States must also comply fully with the obligations assumed under the Rome Statute and should refrain from declarations which amounted to reservations that were not permitted under it The Presidency encouraged the Court to launch the process of negotiating the Draft Relationship Agreement between the Court and the United Nations Finally recalling the valuable contribution that the Coalition for the ICC had been playing in the process of establishing the ICC it stressed that the European Union believed the Court could still benefit from non-governmental organisation support today Several important decisions marked the work of the Assembly Election of the Deputy Prosecutor Mr Serge

Brammertz from Belgium was elected Deputy Prosecutor of the ICC Prior to his election by an absolute majority in the first and only round of a secret ballot - 65 of 87 votes - the Assembly decided that the term of office for the Deputy would be six years starting on 3 November The term of the Prosecutor Luis Moreno-Ocampo of Argentina will be nine years in the absence of an Assembly decision on a shorter period The Deputy Prosecutor was selected from an initial group of three candidates submitted by the Prosecutor to the States Parties on 11 August Since then one nominee withdrew Hassan B Jallow (Gambia) The final candidates for the election were Mr Serge Brammertz of Belgium and Vladimir Tochilovsky of Ukraine In accordance with article 42 of the Rome Statute the Deputy Prosecutors will be of high moral character and have extensive practical experience in the prosecution or trial of criminal cases Prior to his election Mr Brammertz served as a Federal Prosecutor of Belgium and Deputy to the Prosecutor-General at the Liege Court of Appeal Election of the members of the Board of

Directors of the Victimrsquos Trust Fund Prominent figures were elected as members of the Board of Directors to the Victims Trust Fund They will be

charged with the disbursement of funds to victims of genocide crimes against humanity and war crimes The members of the Board are from Africa Archbishop Desmond Tutu former Chairman of the Truth and Reconciliation Commission of South Africa from Asia Her Majesty Queen Rania of Jordan from Eastern Europe His Excellency Mr Tadeusz Mazowiecki former Prime Minister of Poland from Latin America His Excellency Mr President Oscar Arias Saacutenchez former President of Costa Rica and from the Western European and Others Group Madame Simone Veil former Minister of Health of France and former President of the European Parliament The Board of Directors will serve a three-year term during which it will be responsible for setting up the structure and management criteria for the effective operation of the Trust Fund The ICC recognises the role of victims by enabling victims and their families to apply for compensation for the crimes defined in the Rome Statute Victims participation in the ICC is amplified by the historically unprecedented ability of victims groups and civil society actors to submit communications directly to the Office of the Prosecutor for review Committee on Budget and Finances The ASP

approved by consensus resolution I on the Programme Budget for 2004 It amounts to 53 071 846 euro intended to cover major programmes such as the Judiciary (Presidency and Chambers) the Office of the Prosecutor the Registry and the Secretariat of the ASP Following last Aprils nomination of the first members of the Committee on Budget and Finances the ASP elected the remaining members of the Committee from Eastern European States Ms Inna Steinbuka from Latvia and Ms Elena Sopkovaacute from Slovakia Omnibus resolution Strengthening the

International Criminal Court and the Assembly of States Parties The ASP welcomed the progress achieved so far by the ICC and its organs and addressed the need to further strengthen the ICC through universality and through national implementing legislation It urged States Parties to pay their financial contributions and expressed its confidence that the work of the Victims Trust Fund will now be able to initiate its functions It stressed that the integrity of the Rome Statute must be preserved and encouraged States Parties to exchange information and to support and assist each other to that end particularly in situations where its integrity is being challenged The ASP also stressed the need of examining ways and means to ensure the efficient structuring of itsrsquo meetings



Resolution recognising the coordinating and facilitating role of the NGO Coalition for the International

Criminal Court In Res 0349073 submitted by Sierra Leone the Assembly of States Parties recognised and acknowledged the important contribution of all participating nongovernmental organisations including the NGO Coalition to the establishment of the ICC throughout the meetings of the Preparatory Committee and of the ASP

8 September 2003 0349073 Recognition of the coordinating and facilitating role of the NGO Coalition for the International Criminal

Court Draft resolution submitted by Sierra Leone

rdquoThe Assembly of States Parties Recalling United Nations General Assembly resolutions 52160 of 15 December 1997 53105 of 8 December 1998 54105 of 9 December 1999 55155 of 12 December 2000 and 5685 of 12 December 2001 which provided for the participation of non-governmental organizations in the work of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court and the Preparatory Commission for the International Criminal Court Acknowledging the important contribution of all participating nongovernmental organizations including the NGO Coalition for the International Criminal Court to the establishment of the International Criminal Court throughout the meetings of the Preparatory Committee on the Establishment of an International Criminal Court the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court the Preparatory Commission for the International Criminal Court and the first session of the Assembly of States Parties to the Rome Statute of the International Criminal Court Welcoming the cooperative relationship between the NGO Coalition for the International Criminal Court and the host State including the commitment of the host State to enable the establishment and functioning of the NGO Coalition for the International Criminal Court in its territory Stressing the role of public awareness and the involvement of universal civil society in furthering the objects and purposes of the International Criminal Court 1 Notes with appreciation the coordinating and facilitating role that the NGO Coalition for the

International Criminal Court will perform between the community of non-governmental organizations and the Assembly and between that community and the International Criminal Court by encouraging and facilitating the participation of non-governmental organizations from all regions particularly from developing countries by assisting the Assembly of States Parties with accreditation and dissemination of information and official documents to accredited nongovernmental organizations by encouraging cooperation between Governments and non-governmental organizations including by organizing meetings by conveying the expertise of non-governmental organizations to Governments and by promoting worldwide awareness of and support for the Rome Statute of the International Criminal Court and the International Criminal Court

2 Also notes with appreciation the steps being taken by the host State to enable relevant non-governmental organizations including the NGO Coalition for the International Criminal Court to operate effectively in the host State

3 Recalls that rules 93 and 95 of the rules of procedure of the Assembly of States Parties provide for the participation of non-governmental organizations in the meetings of the Assembly and its subsidiary bodies

4 Notes that the present resolution is without prejudice to efforts undertaken by other non governmental organizations that operate outside the ambit of the NGO Coalition for the International Criminal Court

The Assembly of States Parties took other important decisions The Assembly adopted a Resolution on the Role of the United Nations in the establishment of the International Criminal Court and a Resolution on the establishment of the Permanent Secretariat of the Assembly of States Parties to the International Criminal Court On the Crime of Aggression the Assembly took note of the oral report of the Chairman of the Special Working Group on the Crime of

Aggression who stressed the need to allocate more coherent meeting time including an intersessional meeting to further negotiate this important issue On the recommendation of the Chairman of the Special Working Group the Assembly decided to annex the discussion paper on the definition and elements of the crime of aggression prepared by the Coordinator of the Working Group on the Crime of Aggression during the Preparatory Commission of the ICC



Regarding the International Criminal Bar more consultations will be necessary Brazil made a request to expand the scope of the resolution modifying the title of the resolution into Matters related to defence and legal representation of the victims which was followed by several other delegations while France United Kingdom and others stressed the need to have an organised group for counsel representing also the victims as soon as possible On the Agreement on the Privileges and Immunities of the International Criminal Court (APIC) The President of the ICC Judge Kirsch appealed to States that had not yet done so to consider becoming parties to the APIC so as to facilitate its early entry into force According to Judge Kirsch Having highlighted the importance of the Courts relationship with the United Nations I call as well on the cooperation of States Parties regarding the Agreement on Privileges and Immunities essential to the proper functioning and integrity of the Court Without privileges and immunities the personnel of the Court will have great difficulty

acting outside the Host State I therefore ask all States Parties to support the work of individuals and personnel of the ICC through the signature and ratification of the Agreement The President of the Assembly Prince Zeid Raad Zeid al Hussein of Jordan also appealed to States to become parties to the Agreement so as to facilitate its early entry into force The Assembly also adopted by consensus resolution ICC-ASP2Res6 establishing a trust fund for the participation of least developed countries in the activities of the ASP The next ordinary meeting of the Assembly of States Parties will be held in The Hague for the first time on September 6-10 2004 The Committee on Finance and Budget will meet in March (29-31) and August (2-6) For the text of the above-mentioned resolutions please visit wwwunorglawiccaspaspfrahtm For more information on the Assembly of States Parties please visit the ICC website at wwwicc-cpiorg or the CICC website at wwwiccnoworg

US Action Against the ICC Update on Last Developments

Since the last issue of the European Newsletter the US has pursued itsrsquo efforts in threatening the jurisdiction of the ICC with the following outcome UN Security Council Resolution 1497 (2003) of

1 August 2003 on the conflict in Liberia the Security Council decided that current or former officials or personnel from a contributing State which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that contributing State for all alleged acts or omissions arising out of or related to the multinational force or United Nations stabilization force in Liberia unless such exclusive jurisdiction has been expressly waived by that contributing State The text of the Resolution can be found at wwwunorgDocsscunsc_resolutions03html UN Security Council Resolution 1502 (2003) of

26 of August 2003 on the Protection of United Nations personnel associated personnel and humanitarian personnel in conflict zones The Resolution calls for increased protection of UN and other humanitarian personnel emphasising that attacks knowingly and intentionally directed against personnel involved in a humanitarian assistance or peacekeeping mission undertaken in accordance with the Charter of the United Nations constitute war crimes It further recalls the need for States to end impunity of such criminal acts The Rome Statute of the ICC provides the most concise and effective definition of war crimes

consisting of attacks against personnel involved in a humanitarian assistance or peacekeeping mission However due to US pressure no reference to the International Criminal Court was included in the text of the Resolution According to William Pace CICC Convenor ldquoironically in agreeing to the compromise insisted upon by the USA by deleting direct reference to the ICC the Council in recognising these attacks against humanitarian personnel as war crimes has indirectly reinforced the ICCrdquo The Coalition welcomes the Security Council resolution addressing the need for greater protection of humanitarian workers and UN personnel The tragic murderous and vicious attack on UN offices and staff last week underscores the need for the UN member states and Security Council to drastically increase their efforts to prevent these acts and to end impunity for those who commit these crimes Bilateral Impunity Agreements (BIAs) The

deadline for negotiations of BIASs has been delayed until September 30 2003 which marks the end of the fiscal year Meanwhile the US campaign has intensified with a sudden wave of BIA signatures (Colombia Malawi Soloman Islands and Kazakhstan etc) after weeks of little activity The US is putting pressure on States that signed BIAs to ratify them or else the waivers these countries enjoy will expire risking to loose US military assistance



The anti ICC campaign led by the United States has raised many Voices in Support to the International Criminal Court Following are some examples Macedonian (FYROM) Parliament to ratify the Agreement signed with USA

The Parliament of Macedonia was expected to vote on the ratification of its bilateral immunity agreement with the US on Tuesday September 23 Meanwhile this decision has been delayed International and National NGOs are calling upon the Members of Parliament of Macedonia (FYROM) to reject the Bilateral Agreement signed with the USA In this respect The Helsinki Committee for Human Rights of Macedonia issued on the 20th of September an appeal against the ratification of the Agreement

Appeal of the Helsinki Committee for Human Rights of Macedonia for Non-Ratification of the

Macedonian-USA Agreement which is Contrary to the Law and the International Criminal Court

The Helsinki Committee calls upon the members of the Parliament of the Republic of Macedonia not to vote in favor of the adoption of the Draft Law for Ratification of the Agreement between the Government of Macedonia and the Government of the United States of America Under this Agreement the Republic of Macedonia is obliged not to deliver to the International Criminal Court or to a third country nationals of the USA and even present or former members of US military personnel charged with genocide war crimes and crimes against the humanity The Helsinki Committee considers that this Agreement undermines the entire global human rights protection system and that it especially undermines the human rights protection and promotion in the Republic of Macedonia This statement is based on the following

- This Agreement devaluates the existence and work of the International Criminal Court as the first of this type at the global level The experiences of the Human Rights Court in Strasbourg are the best proof that supra-national court protection of human rights greatly contributes to the strengthening of the implementation of international treaties and conventions

- This Agreement denies several basic provisions of the human rights and freedoms protection concept set forth in the Universal Declaration for Human Rights as well as in the ratified International Covenant for Civil and Political Rights and the European Convention for Human Rights a) equality in enjoyment of rights and freedoms b) equality before the law and c) equality before courts

- Furthermore this Agreement negates equality of States in enjoying and fulfilling rights and obligations under international law guaranteed in the CSCE 1975 Final Document refuting at the same time the obligation for honoring commitments undertaken under international acts This automatically compromises the integrity of the Republic of Macedonia as an independent state ie as a signatory party to the Rome Statute of the International Criminal Court and as a member of the United Nations and the of the Council of Europe

- Finally this Agreement denies the basic postulate enshrined in the Constitution for division of power ie it negates the Macedonian judiciary placing it in a position of overt dependence on the executive power - executive power not even of the Republic of Macedonia but of the USA By this calculating disguise behind the formulation that the International Criminal Court is only an addition and not a replacement of the national legislation ie judiciary there is superiority established not even of US courts over Macedonian courts but superiority of the hellipUS Governmenthellip over Macedonian courts

- The Helsinki Committee would like to remind of its appeals published on 3 October 2002 and 20 May 2003 and calls upon the members of the Parliament of the Republic of Macedonia not to succumb to pressures and ultimatums by the United States of America and to consistently follow the commitments to respecting and protecting human rights and freedoms The Helsinki Committee appeals to the elected representatives at the Parliament of the Republic of Macedonia if nothing else at least to treat the citizens of their own state equally with the citizens of a foreign state (20092003) Helsinki Committee for Human Rights of Republic of Macedonia Telfax + 389 2 31-19-073 32-90-469 E-mail helkommhcorgmk

UN Sub Commission on the Promotion and Protection of Human Rights passes Resolution on ICC

The UN Sub-Commission on the Promotion and Protection of Human Rights approved on the 7th of August 2003 during its 55th session a Resolution on the ICC (draft ECN4Sub22003L24) deploring UN Security Council Resolution 1422 (2002) and its extension by Resolution 1487 (2003) allowing for immunity to nationals of States not parties to the Rome Statute who participated in operations established or authorised by the United Nations Security Council The resolution also disapproves that in Security



Council Resolution 1497 (2003) of 1 August 2003 on the conflict in Liberia the Security Council decided to limit the jurisdiction of the ICC The Sub-Commission further considered as intolerable the increasing pressure that was exerted both at the multilateral and bilateral levels to hinder the implementation of the International Criminal Court and recalled that States must observe the principles of the Rome Statute In addition the Sub- Commission urged States to ratify and implement the Rome StatuteEuropean Parliamentrsquos Resolution on Human Rights in the World calls for Worldwide Support to ICC

On the 4th of September 2003 the European Parliament adopted a resolution on human rights in the world in 2002 and European Unions human rights policy- Resolution P5_TA-PROV(2003)0375 The Resolution includes a relevant section on the International Criminal Court where the Parliament calls on the EU Presidency to adapt and update the Action Plan in accordance with the new mandate and goals stemming from the EU Common Position and urges the United States to abandon its anti ICC policy The relevant section follows ldquo177 Welcomes the entry into force of the Statute of the International Criminal Court on 1 July 2002 and the inauguration of the Court on 11 March 2003 invites all States which have not already done so to accede to the ICC Statute and calls on all signatory States to ensure its early ratification 178 Calls on all State Parties to proceed urgently with the harmonisation of their national legislation with the provisions of the Statute in order to cooperate with the ICC and to fully exercise the principle of complementarity between the ICC and the national courts 179 Welcomes the adoption of a new Council Common Position on the International Criminal Court strengthening the EU support to the Court and calls on the Italian Presidency to adapt and update the Action Plan in accordance with the new mandate and goals stemming from the Common Position

180 Calls on the United States to give up its policy of discouraging governments from ratifying the Rome Statute by pressurising States worldwide to enter into bilateral non-surrender agreements and obstructing multilateral cooperation in the framework of the UN on the grounds of the American Service-Members Protection Act 181 Invites the Council and the Commission as well as its own interparliamentary delegations to include ratification and implementation of the ICC Statute as an item on the agenda of political contacts with third countries in particular with the US 182 Calls on all governments not to conclude any bilateral non-surrender agreement with the United States as these are contrary to the Rome Statute and inconsistent with the EU Council Conclusions and Guiding Principles of 30 September 2002 and to refuse to engage in the scheme of transforming the fight against terrorism into a pretext for the conclusion of such agreements 183 Is convinced that a number of South-East Asian countries may take China and Japan as examples for their eventual ratification and implementation of the ICC Statute in particular in the context of the efforts of the United States to obtain bilateral immunity agreements from the countries of this region calls therefore on China and Japan to accede to the International Criminal Court Statute as soon as possiblerdquo The text of this Resolution is available at httpwww3europarleuintomkomnsapirsocalendarAPP=PDFampTYPE=PV2ampFILE=p0030904ENpdfampLANGUE=EN

Council of Europe Strengthens Support to the International Criminal Court

On the 27th of August 2003 the President of the Parliamentary Assembly of the Council of Europe Mr Peter Schieder welcomed the UN Security Council Resolution 1502 which strongly condemns violence against humanitarian workers and insisted on the essential role of the ICC Against the background of last weeks murderous attack on the UN headquarters in Baghdad we must welcome every decision which may effectively deter future attacks on staff involved in humanitarian assistance or peacekeeping missions It was important to recall that such attacks constitute a war crime The most pressing concern now is to make sure that the perpetrators of such attacks will no longer go unpunished This was exactly the purpose for which the International Criminal Court was set up The full and unconditional support of all international key actors would strengthen the ICCs role of deterrent and thus contribute to the preservation of stability and peace in the world Mr Schieder said Meeting on the implications for Council of Europe Member States of the ratification of the Rome Statute

Following the Consultation Meetings in May of 2000 and September 2001 which had been the joint initiative of the European Committee on Crime Problems (CDPC) and the Committee of Legal Advisers on Public International Law (CAHDI) the Council of Europe organised a Third Consultation Meeting on the implications for Council of Europe Member States of the ratification of the Rome Statute of the International Criminal Court (ICC) in Strasbourg on 17 September 2003 The meeting was attended by 36 member states 4 observer states and observers from NATO EU EUROPOL ICC INTERPOL and ICRC



The meeting comprised a presentation of developments in the ratification and implementation of the ICC Statute in the member and observer States of the Council of Europe including to references to developments elsewhere Written national reports from a number of countries formed the basis for preparation for the meeting and were made available to the participants via a website The participants discussed in detail Universal Jurisdiction and obligations under international law and the interaction between universal jurisdiction at national level and cooperation with the ICC Following the meeting the Secretary General of the Council Mr Walter Schwimmer pointed out that 38 of the 45 member states of the Council of Europe were already Parties to the Statute and said that the Council would continue to encourage and assist those countries that had not yet ratified the Statute to do so Following are extracts of the Conclusions adopted by the participants to the meeting

9Participants noted that in order to ensure compliance with the obligations derived from the Rome Statute various approaches are possible for the Statutersquos implementation taking into account different legal systems and traditions 10 Participants stressed the importance for the proper functioning of the ICC of the APIC and called upon States to become Parties to it and to adopt where necessary national implementing legislation at the earliest opportunity 13 Participants agreed that any bilateral agreement regarding a Statersquos co-operation with the ICC must be in conformity with the Rome Statute and other relevant provisions of international law In this context participants agreed that States Parties to the Statute could exchange information and support and assist each other in their efforts to meet their treaty obligations emanating from the Statute particularly where the integrity of the Statute is being challenged 14 Participants acknowledged that the ICC is complementary to national criminal jurisdictios (hellip) national legislation and practices should enable States to bring to justice the persons responsible for crimes under Articles 6-8 of the Statute Participants noted that national law already exists in several States while other States are in the process of introducing legislation to this effect 15 (hellip) participants further stressed that as regards immunities provided for by national and international law solutions ought to be found in

order to secure full compliance with the ICC Statute 16 (hellip) participants noted the importance of the development of universal jurisdiction in the fight against impunity for grave crimes of international concern 17 Participants addressed the issue of a reasonable division of labour between the national and international levels of jurisdiction Whereas the ICC will have to develop criteria for the types of cases it takes on or leaves to national jurisdictions national judicial authorities must consider that the ICC may ultimately have to give priority to dealing with cases of international importance It is to be hoped that from this perspective mutual cooperation and a division of labour between the ICC and national prosecutors and courts will develop This will help alleviate such problems as simultaneous investigations at both international and national levels and related evidentiary problems and delays 18 Participants noted the entry into force on 27 June 2003 of the European Convention on the Non-Applicability of Statutory Limitation to Crimes against Humanity and War Crimes (ETS 082) 20 Participants recalled the important role that the 45 member States of the Council of Europe can play in supporting the ICC and the efforts of the Council of Europe in facilitating the exchange of information and views among its member States and observers thereby providing assistance to its member States in the ratification and implementation process and supporting the universality and effective functioning of the ICC

CICC Organises side Event on ICC during ODIHRrsquos Human Dimension Implementation Meeting

The OSCE Office for Democratic Institutions and Human Rights (ODIHR) organises every year an important event - the Human Dimension Implementation Meeting - at the ODIHRs headquarters in Warsaw The meeting gathers government representatives human rights activists and international experts from the 55 participating States of the OSCE and the six Mediterranean Partners for Co-operation and the Partners for Co-operation from Asia The meeting aims at scrutinising human rights records of participating States and provides a unique forum for NGOs which can participate on an equal footing with governments At the end of the event recommendations are developed on what countries can do to improve the implementation of the commitments they have undertaken as participating States of the OSCE and on how OSCE its institutions and field missions can assist in that improvement This years Meeting is organised in cooperation with the Dutch Chairmanship of the OSCE and will take place in Warsaw from 6 to 17 October 2003 In this context and on the occasion of the working session on the rule of law the European office of the Coalition for the ICC will be organising a side-event on the International Criminal Court on Thursday 9 October 2003 from 1800-2000 at the conference venue The -event is addressed to NGOs and delegates and - besides introducing the new challenges that the ICC is facing - will aim at encouraging OSCE non-ratifying countries to become State Parties to the Court and calling for national implementing legislation among OSCE members The role of NGOs in this new phase will be also discussed together with the need to strengthen civil society presence and support in certain regions of the world If you or your organisation is planning to participate to the ODIHR meeting andor is



interested in attending the side-event on the ICC please contact the European Office of the Coalition The Coalition would very much appreciate your presence and input at the meeting For more information contact Luisa Mascia at cicceurope1iccnoworg The Coalition Reports

FIDH Regional Seminar Ankara ndash Turkey 18-22 September 2003 Campaign for the Ratification and Implementation of the International Criminal Court Statute in The South and East of the Mediterranean (22 September 2003)

The International Federation for Human Rights (FIDH) in partnership with the Human Rights Association of Turkey (IDH) and the Human Rights Foundation of Turkey (TIHV)held a seminar on the lsquoPost September 11 era and subsequent attempts to suspend human rights and international humanitarian law in the South and East of the Mediterraneanrsquo in Ankara Turkey on 18-21 September 2003 On the 22 September the Seminar was dedicated to the lsquoCampaign for the Ratification and Implementation of the International Criminal Court Statute in The South and East of the Mediterraneanrsquo Participants to the Regional Seminar included human rights defenders lawyers physicians and international law experts from Algeria Egypt Israel Jordan Lebanon Morocco Palestine Syria Tunisia and Turkey NGOs from other countries such as USA Sweden Yemen international organisations and NGOs as well as governmental representatives were in attendance at the conference The Coalition for the ICC was represented by Mr Joydeep Sengupta CICC Liaison for the Middle East and by Rita Patriacutecio from the European Office of the Coalition The ICC seminarrsquos tonic was put on the process of accession ratification and implementation of the Rome Statute in Turkey and in the South and East region of the Mediterranean which is the least represented in the Court with only Jordan as a State Party The following items were discussed General introduction on the ICC and the role of the NGOs in promoting the establishment of the ICC Challenges ahead for the ICC United States demarches against the ICC and their impact on the ICC campaign in the region Status of ratification and Implementation of the ICC Statute in the Region- the situation in specific countries Turkey Jordan and Israel The second part of the Seminar was dedicated to the Campaign for the Ratification and Implementation of the Rome Statute through Working Groups on Turkey North Africa and the Middle East The Working Group on Turkey counted with the participation of around 15 Turkish NGOs and others with great willingness to engage in the ICC Campaign in Turkey After

discussing the political and legal obstacles to accession to the Rome Statute and the implementation of the Treaty in the national legislation the participants recognised the need to screen national criminal and Constitutional Law in order to determine the required amendments and to propose them if necessary Despite the lack of public awareness on the ICC in Turkey and the lack of financial and personal resources Turkish NGOs engaged in a Campaign for Accession and Implementation of the Rome Statute through a national Coalition for the ICC of NGOs lawyers academics judges and Media The European Office of the Coalition and FIDH presented their resources to assist NGOs in their ICC activities FIDH launched a regional campaign for the ratification and implementation of the International Criminal Court in the Eastern and Southern Mediterranean countries EU-CICC meeting during the second ASP Meeting in New York

Under the leadership of the Italian Presidency EU Member States met with the NGO Coalition and its members on September 9th at the Council Secretariat office in New York Representatives from NGOs shared their concerns with Delegations on several matters a) the implementation of the Common Position on the ICC including suggestions for improving and updating the Action Plan and the idea to allocate budgetary provisions in order to create a permanent position for an ICC focal point at the Council or Commission and recommendations to be more firmly outspoken on the non-surrender agreements b) Recommendations for practical actions in Asia and Africa c) Recommendations on how to go about providing technical assistance for implementing legislation d) Re-calling the enormous challenges created by the US administration on the EU and urging MS to express and maintain a unified position at the Security Council and with respect to non-surrender agreements as new deadlines approach and finally on ASP matters including the political significance of creating the group Friends of the ICC at the ASP The Italian Presidency recalled that the ICC is a pillar to stability peace and security and that the EU will continue to work on its universality and well functioning


NGO Coalition for the International Criminal Court RATIFICATION AND IMPLEMENTATION IN EUROPE UPDATES We welcome updates on the ratification and implementation status of the Rome Statute in Europe As far as possible we try to indicate the sources of the information unless it comes from a confidential source The lack of information on some countries by no way implies that there have been no developments in those specific countries To send updated information on the status of ratification and implementation in Europe please contact Rita Patriacutecio for Western European Central Europe and South East European States at cicceurope2iccnoworg or Luisa Mascia for Newly Independent States and Central Asian Republics at cicceurope1iccnoworg Albania Signature 18 July 1998- Ratification 31 Jan 03 The Albanian Parliament ratified the Rome Statute for the ICC on the 23 of December 2002The Ministry of Foreign Affairs prepared the instrument of ratification and deposited it on the 31 January 2003 The Albanian Constitutional Court had concluded in a verdict from the 23rd of September 2002 that the Statute did not contradict the Constitution Therefore there were no constitutional obstacles to its ratification The issues that raised constitutional problems were-The transferability of the judicial powerrsquo competences to international bodies- Immunity from criminal prosecution provided by Albanian Law for several official capacities - The ICC not abiding the principle ne bis in idem in certain cases Source Elsa Ballauri Albanian Human Rights Group Last revised January 2003 Andorra Signature 18 July 1998ndashRatification 30 April 01 Armenia Signature 1 Oct 1999 Substantive Criminal Law A new criminal code has been drafted the special part includes a new section (ldquoCrimes against the world and safetyrdquo) defining genocide crimes against humanity and crimes against humanity The general part of the draft rules the non-applicability of statutory limitations to those crimes The new criminal code entered into force on 1 August 2003Last revised August 2003 Austria Signature 7 Oct 1998 ndash Ratification 28 Dec 2000 Implementing legislation is under discussion Cooperation On 10 July 2002 the Austrian Parliament unanimously approved the Law on Cooperation with the ICC It provides the legal basis for complying with requests of the ICC for the surrender of persons or for other forms of assistance as well as for accepting convicted persons for the purpose of enforcement of the sentence imposed by the Court After parliamentary approval the ratification bill was signed by the Federal President and entered into force on 1 October 2002 (Austrian Federal Law

Gazette I n1352) Substantive Criminal Law The Ministry of Justice is currently considering the amendment of the Austrian Penal Code in order to complement it with the crimes falling under the Court jurisdiction which are not already covered by the mentioned Code Last revised January 2003 Azerbaijan At the EU- Azerbaijan Parliamentary Cooperation Committee (PCC) held in Baku on 28-29 April 2003 Among other subjects the PCC underlined the importance of Azerbaijan signing and ratifying the Statute of the ICC Substantive Criminal Law A new Criminal Code entered into force on the 1st of September 2000 and a Criminal Procedural Code has been adopted The Criminal Code provides for criminal responsibility for crimes against humanity and war crimes reflecting the definitions of the Rome Statute Cooperation The Law on Extradition of Criminals of 15 May 2001 enables the surrender to the ICC The process of ratification is impeded by constitutional obstacles eg particularly by immunity of State officials and possibility of granting pardon Other issues may arise eg those connected with the requirement to trial by jury in the Criminal Procedural Code Source Progress Report by Azerbaijan Council of Europe Strasbourg 11 July 2001 and Mr Eldar Zeynalov from the Human Rights Center of Azerbaijan Last revised May 2003 Belarus Belarus has not signed the Rome Statute According to a delegate of the UN Mission present at the IX PrepCom Belarus is analysing its national legislation in order to bring it into compliance with the Rome Statute No recent news on the ratification process Last revised May 2002 Belgium Signature 10 Sept 1998-Ratification 28 June 00 Draft Law on Cooperation Adopted by the Council of Ministers on January 25th 2002 The advice of the Conseil drsquoEtat will be requested based on the emergency procedure and will be sent to Parliament It can be found at wwwiccnoworgresourcestoolsratimptoolkitnationalregionaltoolslegislationdebatesBelgiumProvisionalFrenpdf



Universal Jurisdiction Following a number of complaints lodged against American military and political leaders in respect of the war in Iraq Belgium had come under diplomatic pressure from the USA to change its legislation and abandon its adherence to a universal jurisdiction independent with any link with Belgium The new legislation provides for a limited form of extraterritorial jurisdiction ie only when the perpetrator or the victim is Belgian or resides in Belgium in addition it limits the direct access of victims to justice (through the lsquoconstitution de partie civilersquo) only to cases where the perpetrator is Belgian or resides in Belgium In all other cases the decision to prosecute is left to Prosecutorial discretion Last revised July 2003 Bosnia and Herzegovina Signature 17 July 2000-Ratification 11 April 02 Substantive Criminal Law The Office of the High Representative (OHR) of Bosnia and Herzegovina enacted a new Criminal Code and a new Criminal Procedural Code on the 24th January 2003 Both entered into force on the 1st of March 2003 These codes are part of the overall reform of the judiciary in Bosnia and Herzegovina that comprises a new State Ministry of Justice a State Court with a special war crimes department and a State Prosecutor with competence for war crimes genocide and crimes against humanity For the definitions of these crimes in the new Criminal Code see Chapter XVII on Crimes against Humanity and Values Protected by International Law- arts 171-203 For a copy of the Criminal Code and the Criminal Procedural Code in English contactcicceurope2iccnoworg Last revised April 2003 Bulgaria Signature 11 Feb1999-Ratification 11 April 2002 A new Criminal Procedural Code to regulate Cooperation with ICC and a Criminal Code are expected by the end of 2004 There is no legal disposition foreseeing cooperation with the ICC Substantive criminal law Regarding the implementation of the crimes in the Rome Statute the Criminal Code does not foresee crimes against humanity while its definition of ldquocrimes against the laws and customs of conducting warrdquo under Chapter XIV of the Bulgarian Criminal Code does not cover all situations of Article 8 of the RS The new Criminal Code will address discrepancies between the Criminal Code presently in force and the Rome Statute Source Conference ICC-Implementation in Central and Eastern Europe Bucharest 9-11 May 2003 APIC Signature on the 2 May 2003 Last revised May 2003

Croatia Signature 12 Oct1998-Ratification 21 May 2001 A special Chamber will be responsible for cooperation with the ICC The Government has drafted a proposal implementing the Rome Statute that was to be sent to the Parliament in late June early July In September 2003 at the second session of the Assembly of States Parties Ingrid Anticevic-Marinovic Minister of Justice Administration and Local Self-government of Croatia said her country was undertaking the necessary adjustments of its legislation in order to create conditions for the implementation of the Rome Statue and to reinforce legal mechanisms guaranteeing complementarity between the national jurisdiction and the ICC APIC Croatia signed the APIC on the 23rd of September 2003 Last revised September 2003 Cyprus Signature 15 Oct 1998-Ratification 7 March 02 There were no major obstacles to ratification and no need to amend the Constitution APIC Signed on 10 June 2003 Last revised June 2003 Czech Republic Signature 13 April 1999 Ratification After the rejection by the Czech Parliament of the amendments to the Constitution and Criminal Code necessary for ratification in September 2001 the Czech government decided to establish a working group to prepare another bill amending the Constitution and the Bill of Fundamental Rights and Freedoms The Government wishes to submit the request for ratification as soon as the parliament passes the constitutional amendment According to the Ministry of Foreign Affairs a new proposal for ratification is being prepared It will be first submitted to the Government and then to the Parliament The Ministry of Justice is preparing draft amendments to Czech Criminal Proceedings concerning cooperation with international criminal courts and ad hoc tribunals Substantive Criminal Law A draft criminal code is also being prepared Last revised February 2003 Denmark Signature 25 Sept 1998ndash Ratific 21 June 2001 On 3 May 2001 the Danish Parliament (ldquoFolketingetrdquo) adopted the Danish Act on The International Criminal Court APIC Signature on the 13 September 2002 Last revised September 2002 Estonia Signature 27 Dec 1999ndashRatification 30 Jan 2002 On 5 December 2001 the Parliament of Estonia adopted the Rome Statute Ratification Act Concurrently amendments to the Code of Criminal Procedure were approved in order to



implement the Statute and to ensure proper co-operation with the Court when the Rome Statute enters into force Two Acts (ldquothe Ratification Actrdquo and ldquothe ICC Procedure Actrdquo) contain minimal implementing provisions and were enacted in the end of 2001 Substantive Criminal Law A Penal Code of 6 June 2001 ndash to enter into force late 2002- replaces the Criminal Code and incorporates many ICC crimes Source Human Rights Watch APIC Signature on 27 June 2003Revised June 2003 Finland Signature 7 Oct 1998 ndash Ratification 29 Dec 2000 Two Implementing Acts were enacted on 28 December 2000 to enter into force on the 1st July 2002 Act No 12842000 ldquoThe Cooperation Actrdquo and Act No 12852000- lsquothe Act on Amendment of the Penal Code ICC Crimes Actrdquo These Acts and a National Progress Report and translation of the Rome Statute in Finnish are available at the Council of Europes websitehttplegalcoeinticcdocsConsult_ICC(2001)ConsultICC(2001)13Epdf APIC Signature on the 10 September 2002 Last revised June 2002 France Signature 18 July 1998 -Ratification 9 June 2000 The French Parliament adopted on February 19th the Bill on Cooperation with the ICC (Law n 2002-268) This Law an initiative of Senator Badinter addresses only procedural issues it allows France to cooperate with the ICC in matters concerning arrest transfer execution of prison sentences and reparation orders The full text can be found at httpwwwlegifrancegouvfrWAspadUnTexteDeJorfnumjo=JUSX0205311L Substantive criminal law the Ministry of Justice prepared a draft law on substantive adaptation of the Rome Statute The draft introduces in the French legislation the definition of war crimes and extends the definition of crimes against humanity moreover the crime of ldquoapartheidrdquo should be introduced under the notion of ldquosegregation of an ethnic grouprdquo the crimes of forced pregnancy and sterilisation will also be included The draft was submitted by the Ministry of Justice to the members of the Commission Nationale Consultative des droits de lrsquohomme (CNCDH) which released its opinion on 15 May 2003 The following shortcomings were identified 1) Art 27 of the Rome Statute - on the irrelevance of official capacities - still needs to be incorporated into French national legislation 2) War crimes are not subject to the same legal regime as genocide and crimes against humanity being therefore subject to status of limitations 3) The principle of victims equal access to justice is not fully retained whereby the Public Prosecutor would be the only person entitled to initiate a

proceeding when the crime is committed abroad and 4) The scope of universal jurisdiction has been limited with regard to non-States Parties The draft was expected to be debated within the Ministries of Foreign Affairs and Defence by the summer of 2003 and should be submitted to the Parliament for scrutiny at fall of this year France is the only European country that decided to exclude prosecution of French citizens for war crimes from the jurisdiction of the Court for seven years by making a reservation under article 124 of the Rome Statute Source Jeanne Sulzer FIDH (jsulzerfidhorg) Last revised June 2003 Germany Signature 10 Dec 1998ndashRatification 11 Dec00 Substantive Criminal Law The Bundestag (Parliament) approved last 25 April by unanimity the Act to introduce a Code of Crimes against International Law (CCAIL) (consolidating and completing the catalogue of criminal offences under German domestic law paralleling the offences under the Rome Statute) Also the Act on implementing legislation (The Code on Execution of the Rome Statute or the ldquoCooperation Coderdquo that regulates the details of co operation between German courts and authorities and the ICC) was approved Both are in force since the 1st July 2002 Now German public prosecutors are allowed to investigate war crimes genocide and crimes against humanity regardless of whom where when or against whom these crimes were committed The German law can be found in German French English Spanish Russian and Arabic at wwwiuscrimmpgdeforschonline_pubhtmllegaltext Still two amendments are foreseen in order to concentrate the first-instance jurisdiction for crimes against international law at the Higher Regional Courts (Oberlandsgericht) and to confer the competence of prosecution of those crimes to the federal attorney general The provisions concerned are art 96 of the German constitution and those of the Courts Constitution Act APIC On 14 July 2003 Germany became the 31st State to sign the Agreement on Privileges and Immunities of the ICC Source International Campaign Against Impunity Last revised July 2003 Georgia Signature 18 July 1998-Ratification 5 Septemb03 On 5 September 2003 Georgia deposited the instrument of ratification at the UN Headquarters in New York thus becoming the 92 State Party to the Rome Statute On July 16 on the instruction of the President the Georgian Parliament had ratified by unanimity the Rome Statute A Working Group (activated by the Ministry of Justice) finished a draft legislative package for ratification and implementation in early April which was fist adopted by the inter-ministerial



commission then submitted to the Parliament On 14 August the Assembly passed a legislative package including 1) bill on cooperation with the ICC 2) Amendments to the Code of Criminal Procedure 3) Amendments to the Criminal Code 4) Amendments to the law on custody 5) Amendments to the law on executive actions Last revised September 2003 Greece Signature 18 July 1998-Ratific 15 May 2002 Implementing legislation according to the Ministry of Foreign Affairs some efforts are being undertaken APIC Greece signed the APIC on the 25 September 2003 Last revised September 2003 Holy See A strong endorsement to the ICC by the Pope would be welcome including a call to the USA Catholic Church to support this newly created institution No recent news Hungary Signature 15 Dec 1998-Ratification 30 Nov 2001 The Ministry of Justice has put forward a bill which would modify amongst others Art 32 of the Constitution by adding an additional paragraph 4 saying that ldquothe immunity of the President of the Republic does not exclude his responsibility for crimes under the jurisdiction of and before a permanent international court established by an international treatyrdquo According to a news report this bill passed the Parliamentrsquos Defense Committee for a first reading on the 8th of September 2003Source Hungarian News Agency and Conference ICC-Implementation in Central and Eastern Europe Bucharest 9-11 May 2003 Last revised July 2003 Iceland Signature 26 August 1998-Ratific 25 May 2000 In autumn 2002 implementing legislation was submitted to Parliament for approval APIC Signature on 10 September 2002 Last revised September 2002 Ireland Signature 7 Oct 1998- Ratification 11 April 2002 On 11 August the Minister of Justice published a comprehensive piece of legislation allowing Irish courts to investigate prosecute and punish individuals who commit genocide war crimes and CaH The bill still needs to pass through both houses of the Oireachtas Last revised August 2003 Italy Signature 18 July 1998 ndash Ratific 26 July 1999 In May 2002 M Giovanni Kessler (from the main Italian leftwing party) and other members of the Italian Parliament submitted to the Parliament the proposal of law n 2724 on

ldquoRules for the implementation of the internal system to the Statute of the International Criminal Courtrdquo This proposal contemplates both substantial adaptation to the Rome Statute and law on cooperation with the ICC therefore creating a whole ldquointernational criminal coderdquo For the Italian text please visit the webpage httpwwwcamerait_datileg14lavoristampatisk3000articola2724htm An ad hoc interdepartmental commission was set up within the Ministries of Justice and Foreign Affairs in order to continue preparing the necessary draft implementing legislation both on cooperation and substantive issues The works of the Commission are slow and important substantive issues still need to be addressed Once the Commission finalises its preparatory works the Ministry of Justice will decide what to include in a draft law to be submitted to the government Concerning war crimes there is no news from the Ministry of Defence where an ad hoc Commission is working on the reform of the military code of war APIC Signature on 10 September 2002 Revised April 2003 Kazakhstan Kazakhstan has not signed the Rome Statute Kazakh MP Khamit Amerguzhin has recently stated that Kazakhstan has a positive approach towards the ICC He also stated that Kazakhstan needs to adapt its legal order to the Rome Statute and that they are working on legislation The amendment of the Constitution entails a very complicated process and should be avoided The government expressed an interest in technical assistance to complete ratification and implementation Last revised February 2003 Kyrgyzstan Signature 9 December 1998 Recently a member of the Kyrgyz Parliament Mr A Beknazarov made an appeal to President Akaev and to Prime Minsiter Tanaev to ratify the Rome Statute He reminded that Kyrgyzstan signed the RS already in 1998 and urged them to speed up the ratification process within the Government Obstacles to ratification According to officials from the Foreign Affairs Ministry the only obstacle towards ratification is of financial nature when an international treaty is sent to the Parliament for ratification the Parliament has to be informed about the financial consequences of becoming the state party Generally it is very reluctant to ratify any new international agreement costing money International treaties are directly applicable Implementing legislation will be prepared after ratification The government is in the process of analysing the legislation and will be cooperating closely with NGOs on the issue since the President of the Republic has issued an order that



state organs have to cooperate with NGOs on HR issues Red Crescent has played very important role in drafting some of legislation connected with incorporating the IHL norms into the domestic legislation They translated the Geneva Conventions into Kyrgyz and were initiators for the creation of commission for implementation of the IHL norms Source Dean Zagorac member of the Working Group on Impunity and Universal Jurisdiction 13 July 2002 Last revised September 2002 Latvia Signature 22 April1999-Ratific 28 June 2002 Liechtenstein Signature 18 July 1998 ndash Ratification 2 Oct 2001 Lithuania Signature 10 December 1998-Ratific12 May 03 Lithuania deposited its instrument of ratification of the Rome Statute of the ICC thereby becoming the 90th State Party to the treaty A new Criminal Code and Criminal Procedural Code have been endorsed and entered into force on 1 May 2003 Some amendments are necessary to make the codes fully compliant with the Rome Statute Last revised June 2003 Luxembourg Signature 13 Oct 1998-Ratification 8 Sept 2000 APIC Signature on 10 September 2002 Macedonia (FYR of) Signature 7 Oct 1998ndashRatification 6 March 2002 Cooperation and Substantive Criminal Law A Law on Cooperation with the ICC and amendments to the Criminal Code are being considered Source Conference ICC-Implementation in Central and Eastern Europe Bucharest 9-11 May 2003 Revised May 2003 Malta Signature 17 July 1998-Ratification 29 Nov 2002 In order to implement the Rome Statute an ICC Act passed in Parliament last November but it has not yet come into force The Minister for Justice in exercise of powers granted in the Act shall issue regulations to bring the Act into force This Act may be found at wwwjusticegovmtdir2-lawstoppageasp The ICC Act covers cooperation and substantive criminal law through amendments to the Criminal Code that introduce the crimes in the Rome Statute included are provisions on Malta receiving prisoners from the ICC the arrest and detention warrants for arresting suspects on Maltese territory are also covered Moreover crimes against the administration of justice are now foreseen in the Maltese law Source Neil Falzon Last revised January 2003

Moldova Signature 8 Sept 2000 The Chair of the Human Rights Committee of the Parliament of Moldova recently announced that his country would soon ratify the Rome Statute Last revised February 2003 Monaco Signature 18 July 1998 In order to ratify the Statute Monaco will need to amend the Constitution in relation to the executive powers of the Royal Family A study on the internal implications of ratification is taking place Last revised August 2002 The Netherlands Signature 18 July 1998-Ratification 17 July 01 Implementation The Upper House approved on the 20th June 2002 the bills implementing the Rome Statute in the Netherlands These bills are Cooperation the ICC Implementation Act that entered into force on the 1 July 2002 and the associated Amendment Act in force since the 8 August 2002 The Implementation Act gives the Dutch Government a statutory basis for transferring suspects to the ICC protecting and guarding them and transporting them to the Court it can also furnish the ICC with legal assistance Substantive Criminal Law The International Crimes Act On the 17th June the Dutch Senate passed the International Crimes Act Before the Act may enter into force the Prosecutors-General will first have to adopt a Directive for the prosecution This is expected to occur in the next few months The maximum sentence will be life or thirty years Genocide crimes against humanity war crimes and torture are now brought under one bill Crimes against humanity had not been punishable in The Netherlands before The other crimes were already punishable under Dutch law but were spread over various laws The proposed bill maintained the immunity from prosecution for head of state and diplomats This Bill had been introduced in Parliament on 19 April 2002 and was adopted unanimously by the Second Chamber of the Dutch Parliament on 18 December 2002 It was adopted with one amendment raising the maximum temporary punishment from 20 (the normal standard under NL law) to 30 years (the RS maximum) Life imprisonment will remain to be possible as previously in the Dutch law For the texts of the laws above please visit wwwminbuzanldefaultaspCMS_ITEM=141EF85F8B6A40D49F4592D4E40E6D4FX3X61608X9 Last revised June 2003 Norway Signature 28 August 1998-Ratification 16 Feb00 Substantive Criminal law A Permanent Commission for Penal Law submitted its reports



and a proposal to include the crimes in the Rome Statute in the Norwegian Penal Code The Government will give high priority to this proposal Cooperation Norway has a law of cooperation and enforcement of sentences since the 15 June 2001 (Act No 65 of 2001) APIC Ratified on the 10th of September 2002 Last revised May 2002 Poland Signature 9 April 1999ndashRatific 13 Nov 2001 Cooperation Poland has enacted a new Code of Criminal Procedure It was issued on 10th of January 2003 and will come into force on July the 1st Art 615 sect3 was amended and sect4-6 were added It regulates the co-operation with all the existing international criminal tribunals including the ICC The Code stipulates the respective application of the provisions concerning the co-operation with states in relations with international tribunals and their bodies A draft code on cooperation with the ICC has been prepared and is subject to consultations Substantive criminal law provisions are under analysis Source Conference ICC-Implementation in Central and Eastern Europe Bucharest 9-11 May 2003Last revised June 2003 Portugal Signature 7 Oct 1998-Ratific 5 February 2002 Substantive Criminal Law Three drafts - one from the Government one from PSD (Social Democrats) and one from PC (Communist Party) have been sent to a parliamentary committee for harmonization The Portuguese draft adapting the Portuguese criminal legislation to the Rome Statute was approved on September 19 in Parliament by unanimous vote of the political parties This Governmental proposal called Law proposal regarding violations of International Humanitarian Law was approved by the Council of Ministers on the 20th May 2003 and then went to the Parliament Amnesty International sent a letter to parliamentarians asking for specific amendments and reconsiderations The law proposal is available at wwwparlamentoptlegisinic_legis200305200910072205 Two other proposals have been presented to the Parliament with amendments to the Criminal Code These proposals have been submitted by the Party of the Social Democrats and by the Communist Party For the text of the Social Democrat proposal please visit wwwparlamentoptlegisinic_legis200302060910224109 For the Communist proposal please visit wwwparlamentoptlegisinic_legis200303180910262106 APIC Signature on the 10th December 2002 Last revised September 2003

Romania Signature 7 July 1999ndashRatification 11 April 2002 According to the Romanian Delegate present at the X PrepCom implementing legislation concerning cooperation with the Court had been adopted In the fall a working group was foreseen to work on the definition of crimes Last revised October 2002 Russian Federation Signature 13 Sept 2000 A comparative study of national legislation and provisions of the Rome Statute has been conducted The problems raised were i Constitutional issues ii Material criminal law iii Cooperation with the ICC For surrender and extradition a legal study concluded that no constitutional amendments are required The Criminal Code must be adapted to the Rome Statute and parts of the Criminal Procedural Code must be reviewed In February 2003 a conference on ratification and implementation of the Rome Statute took place in the Moscow Duma Many MPs took the floor in favour of the earliest ratification possible of the RS by Russia According to a recent declaration of an official at the MFA the priority is to bring Russian legislation into conformity with the provisions of the Rome Statute otherwise Russia will not be able to implement it Most of the necessary amendments concern the Russian criminal code Proposals for amendments should be sent soon to the Presidential Administration along with a formal proposal to launch the ratification of the Rome Statute Once the President has reviewed the proposals they will be sent to the Duma where they will be submitted to several committees (International Affairs Committee Legal Affairs Committee Security Committee) The timeframe is very uncertain also due to the upcoming elections in the Duma foreseen in December this year Last revised July 2003 San Marino Signature 18 July 1998 ndash Ratification 13 May 1999 Serbia and Montenegro Signature 19 Dec 2000ndashRatific6 Sept6 2001 On 5 February 2003 the State of Serbia and the State of Montenegro proclaimed the coming into force (with immediate effect) of the Constitutional Charter of the State Union of Serbia and Montenegro Following this changes jurisdiction in the area of the Criminal substantive and procedure law belongs to the Republics which are members of the state union of Serbia and Montenegro APIC Signature on the 18 July 2003 Serbia Cooperation Amendments to the Law on Criminal Procedure have been made eg on the



possibility of surrendering domestic citizens to a ldquorecognised international courtrdquo A legislative commission designed to draft a law on cooperation is about to be organised Substantive Criminal Law According to B92 News on July 2 the Serbian Parliament approved war crimes legislation enabling local prosecutions of war crimes suspects According to this media report the bill envisages the forming of a special war crimes prosecution office to cover the whole of Serbia and dedicated detention centres Montenegro Montenegro has started with the harmonisation process of legislation with the Rome Statute In the end of 2002 working groups were formed to draft substantive criminal law and procedure Criminal Law regarding also Cooperation with the ICC Source Conference ICC-Implementation in Central and Eastern Europe Bucharest 9-11 May 2003Revised July 2003 Kosovo UNMIK The United Nations Interim Administration for Kosovo has drafted a Criminal Code and a Criminal Procedural Code Substantive Criminal Law The Criminal Code defines war crimes and introduces new offences such as crimes against humanity On 28 March 2003the SRSG presented these draft Codes to Prime Minister Bajram Rexhepi for consideration by the Government and the Assembly of Kosovo These texts are still in draft form and under active consideration Both Codes incorporate the criminal offences defined in international conventions including the Rome Statute for the ICC UNMIK called the two codes temporary in order not to prejudice the Kosova status Source KosovaLive web site Pristina in English 1 Apr 03 Revised April 2003 Slovakia Signature 23 Dec 1998-Ratific 11 April 2002 Substantive criminal law On 19 June 2002 the Slovak Parliament passed the Law No 4212002 amending the Penal Code This amendment has become effective as of the 1st September 2002 The following provisions have been introduced to the Penal Code with the aim to implement the Rome Statute 1 Crimes Introduction of crimes against humanity 2 Acting under lawful ordersrdquo does not constitute a full defence in case of genocide and crimes against humanity (sect 15a) 3 Universal jurisdiction introduced also for the crimes against humanity (for war crimes and crime of genocide the universal jurisdiction already existed) (sect19) 4 The possibility of imposing the sentence of life imprisonment under certain conditions in case of crime against humanity has been introduced (sect 29 par3)

5 The responsibility of military commander (including should have known responsibility) and other superior responsibility for war crimes crimes against humanity and crime of genocide has been introduced to the Chapter X (Chapter X contains crimes under international law) (sect 265a) The definition of internal armed conflict has been specified in this context The Law No 2532001 Coll of Laws (effective as of 1st August 2001) also amended the Penal Code This law enables to extradite or surrender the citizen of the Slovak Republic if such an obligation exists stemming from the international treaty or the binding decision of the international organization Cooperation The following amendments to the Code of Criminal Procedure (Law No 4222002 Coll of Laws) has been passed on 20 June 2002 (effective as of 1st October 2002)The new provision (sect 374) of the CCP contains a specific reference to the ICC established under international treaty or established under the decision of the international organization which is binding for the Slovak Republic If there is a request for cooperation of the ICC the provisions of the respective Chapter on Cooperation with Foreign Authorities are applicable for such request taking into account that Rome Statute takes precedence over law There is an ongoing process of preparing a recodification of substantive and procedural penal law new drafts of the Penal Code and the Code of Criminal Procedure is under discussion Source Conference ICC-Implementation in Central and Eastern Europe Bucharest 9-11 May 2003Revised May 2003 Slovenia Signature 7 Oct 1998 ndash Ratification 31 Dec 2001 Law of Cooperation with the ICC Passed by the Parliament on the 25th of October 2002 It is published in the Official Gazette An unofficial translation to English is available at httpwebamnestyorgpagesint_jus-legislation_slovenia-eng Substantive Criminal Law The Criminal Code comprises some crimes of the Rome Statute but not all There is a Draft Project at the Government to amend the Criminal Code but it has not yet been sent to Parliament APIC The Slovenian government decided on the 17th of July to sign the APIC and authorised the Slovenian ambassador to the UN in NY to that effect The deposit of the instrument of ratification should occur soon after signature after the summer recess Source Dean Zagorac AI-Slovenia APIC Slovenia signed the agreement on the 25 September 2003Last revised September 2003 Spain Signature 18 July 1998ndashRatification 25Oct 2000 Cooperation On October 2 the parliament approved the Law on Cooperation with the



International Criminal Court The law is called ldquoProyecto de Ley 121000156 Orgaacutenica de Cooperacioacuten con la Corte Penal Internacionalrdquo Substantive criminal law The proposal to reform the criminal code is before the Parliament Various amendments have been introduced adding inter alia new definitions of war crimes and the principles of international criminal law introduced in the Rome Statute APIC Signature on the 21st April 2003 Last revised October 2003 Sweden Signature 7 Oct 1999- Ratification 28 June 2001 Cooperation On the 25th of April 2002 the Swedish Parliament adopted the new Act on Cooperation with the International Criminal Court It covers arrest and surrender to the Court other forms of Cooperation and enforcement of sentences and other decisions It entered into force on the 1st of July 2002 and can be found in draft form and in Swedish at httpjustitieregeringensepropositionermmpropositionerpdfp200102_88pdf Substantive Criminal Law The Commission in charge of revising the criminal code for the implementation of international crimes and jurisdiction over such crimes submitted its report on the 31st October 2002 Swedish Amnesty International lawyersrsquo group who has been very involved in this process points out the major considerations Sweden has not changed its immunity regulations which are not in accordance with the RS The Constitution must be amended but that will happen only in 2006 with the next elections When Sweden ratified the Statute the government stated that it might not be necessary to change the immunity regulations since it would be unlikely that Swedish members of government would commit crimes against the statute AI Sweden is urging for the necessary changes There is one inquiry about penalising crimes against the Courts jurisdiction a memorandum is expected There is a memorandum about the necessary changes in the Swedish Penal Code and Procedural Code (new crimes universal jurisdiction etc) When this work started last autumn NGOs were invited to a meeting at the Ministry of Justice to give their comments and in-put The inquiry published its report on 8 November and until April 2003 NGOs will have the opportunity to study and comment on it The report is published with a summary in English (page 21) athttpjustitieregeringensepropositionermmsoupdfsou2002_98apdf Source Swedish Amnestys lawyers group Last revised December 2002 Switzerland Signature 18July 1998 ndash 12 Oct 2001

Cooperation On the 21st June 2001 Switzerland adopted a Federal Law of Cooperation with the ICC A separate law implemented Art 70 of the Rome Statute In order to establish effective cooperation a central service has been created under the Federal Justice Office It is competent to deal with ICC demands eg on transfer of individuals proof and audition of suspects This office also decides when collaboration is admissible order the necessary measures and demand a federal authority or Canton to execute the request Substantive Criminal law the interdepartmental working group headed by the Federal Office of Justice is continuing its work The main focus is on revising provisions of the general part of the Swiss penal code and penal military code The public consultation procedure for these legislative measures is due to begin during the coming year (springsummer 2004) Source Swiss Federal Department of Justice and Police APIC Signature in the 10th September 2002 Last revised August 2003 Tajikistan Signature 30 Nov 1998-Ratification 5 May 2000 In occasion of a conference organised in the Russian Duma (Moscow) in February 2003 Tajik MP Faizullo Amiraliev representative from the Committee on Constitution Law and Human Rights welcomed the Governmentrsquos decision to establish a special Committee to draft ICC-related legislation Last revised February 2003 Turkey According to the Turkish Minister of Justice Mr Cemil Cicek in a statement at the Turkish Parliament on the 19th February 2003 the Turkish Criminal Code and the Military Criminal Code do not foresee the crimes in the Rome Statute According to the Minister a detailed amendment of the two codes is being planned and the signature of the Rome Statute should take place after it For the full statement in Turkish please visitwwwtbmmgovtrdevelopowatutanak_gbirlesim_baslangicP4=8605ampP5=Bamppage1=7amppage2=7 Source Amnesty International- Turkey Last revised February 2003 Turkmenistan Turkmenistan did not sign the RS No recent news Ukraine Signature 20 Jan 2000 The draft law on constitutional amendments is currently under scrutiny of the Constitutional Court of Ukraine It was prepared by the Ministry of Foreign Affairs and the Ministry of Justice and presented to the Supreme Court by the Presidential administration Once the Constitutional Court rules that the proposed amendments do not restrict the rights and freedoms of Ukrainian nationals the draft will



be submitted to the Parliament for approval This would be the only way for Ukraine to be able to ratify the Rome Statute according to the Constitutional Courts opinion on the constitutional compatibility (that followed a request by the President) Ratification is expected in 2003 Source Natalia Dulnyeva Ukrainian Association of Amnesty International Last revised January 2003 United Kingdom Signature 30 Nov 1998 ndash 4 Oct 2001 The ICC Act 2001 allowing ratification incorporates into domestic law the offences in the ICC Statute and makes provision for them to be dealt with domestically in the Crown Court The

Act makes provision for the arrest and surrender of persons in the UK wanted by the ICC and for the serving of custodial sentences in the UK of persons convicted by the Court APIC Signature in the 10th September 2002 Uzbekistan Signature 20 December 2000 ICC ratification has not been included in the political agenda for 2002 Source Nozima Kamalova Legal Aid Society Acronyms APIC Agreement on Privileges and Immunities ICC International Criminal Court RS Rome Statute

STATES PARTIES to the Rome Statute of the ICC BY REGION 92 Ratifications as of 5th of September 2003

Region Date of Ratification Accession AFRICA (22 STATES PARTIES) Benin 22January 2002 Botswana 8 September2000 Central African Rep 3 Octob2001 Dem Rep Congo 11April 2002 Djibouti 5 Nov2002 Gabon 20 September 2000 Gambia 28 June 2002 Ghana 20 December 1999 Guinea 14 July 2003 Lesotho 6 Septemb2000 Malawi 19 September 2002 Mali 16 August 2000 Mauritius 5 March 2002 Namibia 25June 2002 Niger 11 April 2002 Nigeria 27 September 2001 Senegal 2 February 1999 Sierra Leone 15 September 2000 South Africa 27 November 2000 Tanzania 20 August 2002 Uganda 14 June 2002 Zambia 13 November 2002 AMERICAS (19 STATES PARTIES) Antigua amp Barbuda 18 June 2001 Argentina 8 February 2001 Belize 5 April 2000 Barbados 10 December 2002 Bolivia 27 June 2002 Brazil 20 June 2002 Canada 7 July 2000 Colombia 5 August 2002 Costa Rica 7 June 2001 Dominica 12February 2001 Ecuador 5 February 2002 Honduras 1 July 2002 Panama 21 March 2002 Paraguay 14 May 2001 Peru 10 November 2001 Saint Vincent and the Grenadines 3 December 2002 Trinidad amp Tobago 6 April 1999 Uruguay 28 June 2002 Venezuela 7June 2000 ASIAPACIFIC ISLANDS (12 STATES PARTIES) Afghanistan 10 February 2003 Australia 1 July 2002 Cambodia 11April 2002 East Timor 6 September 2002

Fiji 29 November 1999 Marshall Islands 7 December 2000 Mongolia 11 April 2002 Nauru 12 November 2001 New Zealand 7 September 2000 Rep of Korea 13 November 2002 Samoa 16 September 2002 Tajikistan 5 May 2000 EUROPE (37 STATES PARTIES) Albania 31 January 2003 Andorra 30 April 2001 Austria 28 December 2000 Belgium 28 June 2000 Bosnia-Herzegovina 11April 2002 Bulgaria 11 April 2002 Croatia 21 May 2001 Cyprus 7 March 2002 Denmark 21 June 2001 Estonia 30 January 2002 Finland 29 December 2000 France 9 June 2000 Germany 11 December 2000 Georgia 5 September 2003 Greece 15 May 2002 Hungary 30 November 2001 Iceland 25 May 2000 Ireland 11 April 2002 Italy 26 July 1999 Latvia 28 June 2002 Liechtenstein 2 October 2001 Lithuania 12 May 2003 Luxembourg 8 September 2000 Macedonia FYR 6 March 2002 Malta 29 November 2002 Netherlands 17 July 2001 Norway 16 February 2000 Poland 12 November 2001 Portugal 5 February 2002 Romania 11 April 2002 San Marino 13 May 1999 Serbia sectMontenegro 6 Sept 2001 Slovakia 11 April 2002 Slovenia 31 December 2001 Spain 24 October 2000 Sweden 28 June 2001 Switzerland 12 October 2001 United Kingdom 4 October 2001 N AFRICA MIDDLE EAST (1 STATE PARTY) Jordan 11 April 2002

Note The regional groupings used in this document are based on the UN geographical regions (as published by the UN Statistics Division) and have been slightly modified by the CICC



CALENDAR OF EVENTS ON THE ICC

Conferences in 2003

SEPTEMBER The Impact of International Criminal Law on Military and Peacekeeping Operations ICLN Chamber of Commerce Koningskade 30 in The Hague 3 September from 500-700 pm Speakers Dr Willem van Eekelen former Secretary-General of the WEU and former Minister of Defence of the Netherlands Second Meeting of the Assembly of States Parties 8-12 September New York For more information on this meeting visit wwwunorglawiccaspaspfrahtm Post-conflict justice what lessons for the future West Sussex 15-17 September The conference focused on the lessons that can be learned from the International Criminal Tribunals for the former Yugoslavia and Rwanda and how does the establishment of the ICC affect the possible creation of future ad hoc tribunals The event was organised by Wilton Park wwwwiltonparkorguk The implications of the ratification of the Rome Statute in the domestic legal order or member states Strasbourg 17 September The ad hoc Committee of Legal advisers on the International Public Law (CADHI) of the Council of Europe held a third multilateral consultation meeting on the ICC To read more about CADHI please visit httpwwwcoeintTELegal_affairsLegal_cooperationPublic_international_law FIDH Regional Seminar The post September 11 2001 Era and Subsequent Attempts to Suspend Human Rights and International Humanitarian Law Ankara Turkey 19-22 September and ldquoCampaign for the Ratification and Implementation of the International Criminal Court Statute in The South and East of the Mediterraneanrdquo (22 September 2003) Event organised by the FIDH in partnership with its member organisations in Turkey the Human Rights Association of Turkey (IHD) and the Human Rights Foundation of Turkey (TIHV) For more information please email fidhfidhorg European Commissionrsquos Experts Seminar on ICC Naples Italy 26-27 September The European Commission- Europeaid organised in Naples an Experts Seminar on the ICC For more information please contact Franck-OlivierRouxceceuint OCTOBER Interparliamentary Union ndash 109th IPU Assembly Geneva Switzerland 29 September- 3 October

The event includes a panel on ldquoChallenges facing the International Criminal Courtrdquo to be held in October 2 from 930 to 1200 Please visit httpwwwipuorgconf-e109agndhtm Human Dimension Implementation Meeting Warsaw Poland 6-17 October The event is organised by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) The meeting includes a one-day Working session on International Humanitarian Law (10 October) on the occasion of which the ICC will be discussed For more information please visit wwwosceorgodihr httpwwwosceorgodihr The European Office of the Coalition organises a side event on the ICC on the 9th of October ldquoStrengthening the ICC Challenges for the OSCE Participating Statesrdquo For more information please contact Luisa Mascia at cicceurope1iccnoworg International Cooperation on Transnational Crime ndash effective national and International instruments for institutional cooperation and coordination ndash 9-10 October The Hague With the growing significance of transnational crime and the increasing burden on society at large new institutions and initiatives are being explored to combat these crimes Examples hereof are the founding of Eurojust and Europol the International Criminal Court the UN Convention against transnational organised crimes and other international initiatives The conference aims to bring together judicial policymakers representatives from law enforcement agencies prosecutors and investigators in international criminal justice and academic experts on transnational crime The event is organised by the International Criminal Law Network For further info please email hophorstscience-alliancenl Seminars Masters and Training Courses

2004 ETHICS ndash High level Training Course in International Criminal Law European University Institute (EUI) - Florence Italy 16-27 February 2004 A two week intensive training course in international criminal law addressed to prosecutors judges governments officials and attorneys at law in the Contracting Parties of the ICC Statute as well as to lawyers willing to join the ICC will take place at the EUI in Florence 16-27 February 2004 The course is open to 60 participants chiefly from States parties to the ICC Statute (20 to 30 scholarships will be granted to candidates from non-OECD countries) The teaching programme covers two main areas 1) Fundamental principles of international criminal law and international humanitarian law and 2) International criminal justice in practice lessons from the ad hoc Tribunals for the Former



Yugoslavia and Rwanda and issues facing the ICC The training takes the form of lectures providing a comprehensive framework of the legal issues (mornings) 2) Workshops offering a highly interactive forum for participants to raise solution-oriented questions (afternoons) Invited speakers include both leading scholars and practitioners such as ICC ICTY and ICTR judges and officials The fees for the full course are 3500 euros for nationals of OECD countries and 2000 euros for nationals of other countries Participants not eligible for a scholarship must cover travel and living expenses as well as pay enrolment fees covering tuition reading materials and lunch on working days Candidates must submit the Application form and a letter reference from a representative of the institution they are working which shall be received by 7 November 2003 Applications shall be sent by post as well as if possible via e-mail to the following addressProf Salvatore Zappalagrave European University Institute ndash RSCAS Via delle Fontanelle 20 50016 San Domenico di Fiesole (FI) Italy Tel ++39 0554685 807831 Fax ++39 0554685 804 e-mail ethicsiueit For further information and application forms please consult the ETHICS project web page at wwwiueitRSCASProfessionalDevelopmentETHICS The University of Nottingham - Human Rights Law Centre offers a three-month course on International Criminal Justice The course runs from the first week of January 2004 until mid-March 2004 The participants will take two compulsory courses (lsquoFoundations of International Criminal Justicersquo and lsquoPrinciples of International Criminal Justicersquo) and will choose three optional ones Both compulsory courses focus primarily on the law of The Hague and Rwanda tribunals and the ICC This course is intended for persons who are interested in gaining an in-depth understanding of international criminal justice regimes that have been put in place by the Yugoslav and Rwanda Tribunals and the ICC and how the machinery works in practice Applications should be made to Gail Evans Human Rights Law Centre School of Law University of Nottingham

Nottingham NG7 2RD UK Tel +44 115 84 66310 Fax +44 115 84 66 579 Email GailEvansnottinghamacuk For more details visitwwwnottinghamacuklawhrlchrlc_short_courseshtm Training Programme for Defence Lawyers of Central and Eastern Europe organised by ERA and CCBE with the financial support of the European Commission Academy of European Law Trier Germany 2003 ndash 2005 Places available We are looking for defence lawyers to attend training in relation to the newly established International Criminal Court Deadline 6 October 2003 Travel and accommodation expenses will be met Requirements Fully qualified lawyers with a demonstrable interest in pursuing an international criminal defence career and relevant experience in criminal defence work from the following countries Albania Bulgaria Croatia Czech Republic FYRO Macedonia Hungary Latvia Romania and Turkey Training courses The training courses are divided into 4 seminars of 5 days4-10 December 2003 Training Course 1 Introduction to international criminal law 1-7 April 2004 Training Course 2 Structure and jurisdiction of the International Criminal Court 7-13 October 2004 Training Course 3 Proceedings before the ICC (I) 10-16 February 2005 Training Course 4 Proceedings before the ICC (II) Please note that all candidates are expected to attend all four courses Languages English and French (Simultaneous interpretation frominto both languages will be provided) Therefore good language skills are essential in at least one of these two languages Place of training Academy of European Law Metzer Allee 4 54295 Trier Germany Costs All expenses paid Selection procedure Lawyers interested in attending the training courses should complete the application form and return it before 6 October 2003 to Ms Leyre Maiso CCBE Project Co-ordinator 45 rue de Tregraveves B-1040 Bruxelles Tel +32 (0)2 234 65 10 Fax +32 (0)2 234 65 11 or 12 e-mail maisoccbeorg The Application form and further information at the projects website wwwicc-era-ccbenet

PUBLICATIONS Articles and Books

New Approaches in International Criminal Justice Kosovo East Timor Sierra Leone amp Cambodia Freiburg im Breisgau Germany (Max Planck Institute for Foreign and International Criminal Law) 2003 Kai AmbosMohamed Othman (EDS)The book has 298 pp and costs 31 Euro Review copies can be ordered fromverlagiuscrimmpgde Table of Contents Kai AmbosMohamed OthmanIntroduction Part I Prosecution of International Crimes within the Framework of a UN Transitional Administration Kosovo East Timor Part II Prosecution of International Crimes on the Basis of an Agreement Between the UN and the Territorial State Sierra Leone Cambodia Report from the 2002-03 sessions of the Assembly of States Parties by ELSA International The report includes updates as of June 2003 and can be downloaded in its full 150-page version at httpwwwelsaorgarchiveExternal_RelationsELSA_report_ASP_2003zip A 20-page handout version can be downloaded from wwwelsaorgarchiveExternal_RelationsELSA_report_ASP_2003_Handoutzip



International Criminal Court- Guide launched for victims of abuses seeking redress The Damocles Network the legal arm of Reporters Without Borders launched a guide for victims of abuses who wish to seek redress before the ICC The guide explains how the Court works what its jurisdiction is and how to bring a case before it as well as describing the challenges and obstacles it faces It can be downloaded as a pdf file from wwwdamoclesorg in English French and Spanish The author Pierre Hazan has written a book about the history of prosecution of war crimes (La Justice face agrave la guerre de Nuremberg agrave La Haye published by Stock Paris 2000) He has also made a film about problems of universal jurisdiction in hunting down Chads former dictator-president Hissegravene Habreacute (for ArteTeacuteleacutevision Suisse Romande - TSR) and is completing a documentary for Arte TSR and the electronic media agency Article Z about the International Criminal Tribunal for Rwanda Download the Victims Guide to the ICC on wwwrsforg and wwwdamoclesorg Contact Laurence Deguitre damoclesrsforg + 33 1 44 83 84 64

International Crime and Punishment Selected Issues Volume one Edited by Sienho Yee The research papers in this collection address several important and less-treated questions of international criminal law International Committee of the Red Cross as a witness before international criminal tribunals the definition of aggression mistake of law as a defense and the doctrine of command responsibility List of Contributors Joshua McDowell Michael Roseberry Scott Vogeley and Brandy Womack The author Sienho Yee is Associate Professor University of Colorado School of Law University Press of America $3200 Paper 0-7618-2570-3 May 28 2003 182pp For more information please visitwwwunivpresscomCatalogTOCshtmlcommand=Searchampdb=^DBCATALOGdbampeqSKUdata=0761825703

Rule of Power or Rule of Law - An Assessment of US Policies and Actions Regarding Security-Related Treaties Apex Press 2003 272 pp This publication examines US undermining of multilateral treaty regimes on nuclear chemical and biological weapons landmines global warming and international justice Includes chapter on the ICC by Pam Spees Program Director Womens Caucus for Gender Justice Updates 2002 report released by Institute for Energy and Environmental Research and Lawyers Committee on Nuclear Policy This book provides a comprehensive overview of how at a time when Americans are keenly aware of international threats to peace and security the United States is systematically undermining the ICC and other mechanisms that would reduce those threats - Jayne Stoyles former Program Director NGO Coalition for the ICC For more information including on purchase wwwlcnporgpubsrpbflierhtm

Brussels Principles Against Impunity and for International Justice Adopted by the Brussels Group for International Justice following on from the colloquium The fight against impunity stakes and perspectives (Brussels March 11-13 2002)rdquo The principles have been translated into four languages French Flemish Spanish and English To purchase Publisher Bruylant 67 rue de la Reacutegence 1000 Brussels wwwbruylantbe infobruylantbe Contact Mrs Monserrat Carreras mcarrerasaibfbe Punto de Vista 13 El Nacimiento de la Corte Penal Internacional (The Birth of the ICC) By Antoni Pigrau Soleacute this publication is from Fundacioacuten Carles Pi I Sunyer De Estudios Autonoacutemicos I Locales It contains the following issues general aspects of the ICC the ICC set off real and potential threats to the functioning of the Court Available in Spanish Contact T+34-93-4527115 wwwpisunyerorg La Corte Penal Internacional- Ensayos para la Ratificacion e Implementacion de su Estatuto Edited by Joseacute A Guevara B and Mariana Valdes Riveroll and published by the Universidad Iberoamericana the Foreign Affairs Secretary of Mexico and the CICC (2002) For more information contact Joseacute Guevara at cicc2iccnoworg INFORMATI0N ON THE ICC VIA E-MAIL

European list English language To subscribe send an email to icc-info-europe-subscribeyahoogroupscom ICC World list English language To subscribe send an e-mail to icc-info-subscribeyahoogroupscom Reacuteseau CPI French language Pour souscrire envoyer un e-mail a reseau-cpi-subscribeyahoogroupscom TPI-Port list Portuguese language Para se subscrever envie um e-mail para tpi-port-subscribeyahoogroupscom CECPI-esp list Spanish language Para suscribirse envie un e-mail a cecpi-esp-subscribeyahoogroupscom Polish list Polish language To subscribe send an e-mail to icc-info-pl-subscribeegroupscom Asian List English Language To subscribe send an e-mail to icc-info-asia subscribeyahoogroupscom Middle East List English language To subscribe send an e-mail to Icc-mideast-subscribeyahoogroupscom



THE INTERNATIONAL CRIMINAL COURT ON THE INTERNET

Amnesty International wwwamnestyorgicc Asociacion Pro Derechos Humanos (Aprodeh) httpaprodehorgpe Benjamin Ferenczrsquos website httpmembersaolcombenferen Coalition for the ICC httpwwwiccnoworg Committee for an effective International Criminal Law (CoEICL) httpwwwcoeiclde Constitutional and Legal Policy Institute httpwwwosihucolpiindexiehtml Council of Europe web page on the ICC httpwwwlegalcoeintcriminaliccDefaultaspfd=docsampfn=Docshtm Council of the European Union httpueeuintpesciccenIndexhtm ELSA International httpwwwelsaorg European Commission EuropeAid Co-operation Office httpeuropaeuintcommeuropeaidprojectseidhrconferences_cpi_enhtm European Commission European Initiative for Democracy and Human Rights wwweuropaeuintcommeuropeaidprojectseidhrindex_enhtm Feacutedeacuteration Internationale des Ligues des Droits de lrsquoHomme wwwfidhorg Human Rights Watch httpwwwhrworg International Centre for Human Rights and democratic development httpwwwicjorg International Commission of Jurist wwwicjorg International Criminal Court wwwicc-cpiint Lawyers Committee for Human Rights httpwwwlchrorg No Peace Without Justice wwwnpwjorg The Netherlands Ministry of Foreign Affairsrsquo website on the ICC wwwminbuzanldefaultaspCMS_ITEM=MBZ453053 United Kingdom Foreign and Commonwealth Office on the ICC wwwfcogovuknewskeythemepageaspPageId=158 United Nations ICC website httpwwwunorglawiccstatutestatushtm Womenrsquos Caucus httpwwwiccwomenorg

THANK YOU FOR SUPPORTING THE CAMPAIGN ICC NOW We would very much appreciate any information you might want to share with our members either on the ratification process

your own activities seminars on the ICC andor on implementing national legislation etc We apologize for sending this newsletter only in English You may nevertheless contact this office in English French Spanish Portuguese Italian or

German To contribute to the Coalition if you are interested in making a tax-deductible contribution to the international secretariat of

the coalition please send a check payable to the CICC to WFM 777 UN Plaza 12th Floor New York NY 10017 USA

We Would Like to Offer Special Thanks to Our Current Funders The John D amp Catherine T MacArthur Foundation The European Union The Ford Foundation The Open Society Institute Third Millennium Foundation The Governments of Canada Denmark Finland Germany Liechtenstein Luxembourg The Netherlands New Zealand Norway Portugal

Sweden Switzerland the United Kingdom and individual donors and participating NGOs The views expressed herein are those of the CICC and can therefore in no way be taken to reflect the official opinion of the

funders

The total or partial reproduction of the European Newsletter is authorised when the source is mentioned

Become a Member of the Coalition for the International Criminal Court CICC Membership Request Form

____________________________________ wishes to join the NGO Coalition for the ICC and (Name of organisation) (1) wishes to be involved in maintaining the integrity of the Rome Statute of the ICC (2) wishes to be involved in ensuring the ICC will be as fair effective and independent as possible and (3) makes an active commitment to world-wide ratification and implementation of the Rome Statute of the ICC ____________________________________ (Name and title of representative of organisation) ____________________________________ (Address) ___________________________________ Telephone ___________________________________ Fax ___________________________________ Email Please return this form to The NGO Coalition for the International Criminal Court co WFM 777 UN Plaza New York NY 10017 USA Fax +1 212 599 1332 Or send an email to cicciccnoworg



Historical Overview



The Coalition for the International Criminal Court (CICC) is a network of over two thousand civil society organisations in around 150 countries supported through regional coordinators and liaisons based all over the world The role of the Coalition is to represent facilitate and coordinate the work of its worldwide membership while serving as the primary information resource on the ICC and a liaison between governments International Criminal Court officials international organisations academics and civil society members The Coalition is working since 1995 towards a common goal the establishment of a permanent fair and independent International Criminal Court (ICC) Since the Rome Conference adopted in July 1998 by an overwhelming majority of states (120) the Rome Statute the NGO Coalition has been mandated to focus on five interconnected goals bull Promoting education and awareness of the ICC

and the Rome Statute at the national regional and global level

bull Facilitating the effective participation of civil society and NGOs as observers at the Assembly of States Parties in particular of representatives from the south

bull Expanding and strengthening the global network of organisations working on the ICC

bull Promoting universal acceptance and ratification of the Rome Statute as well as promoting and facilitating technical cooperation to ensure the adoption of strong domestic implementing legislation

bull Assuring the effective establishment of the ICC Since 1999 the EUROPEAN OFFICE of the Coalition is based in Brussels with a mandate to further the goals outlined above with a particular focus on this region

The Steering Committee of the Coalition for the ICC Amnesty International Asociacion Pro Derechos Humanos European Law Students Association Federation Internationale Des Ligues Des Droits De Lrsquohomme Human Rights Watch International Center For Human Rights And Democratic Development International Commission of Jurists Lawyers Committee For Human Rights No Peace Without Justice Parliamentarians For Global Action Union Interafricaine Pour Les Droits De Lrsquohomme Womenrsquos Caucus For Gender Justice The World Federalist Movement

Historical Overview

With 92 States Parties as of the 5th of September 2003 the ICCrsquos jurisdiction continues to broaden its scope and support all over the world Yet the universal nature of the Rome Statute calls for prompt and worldwide ratification and accession In June and July 1998 in an effort to strengthen mechanisms of international justice and bring an end to impunity the international community met at the Rome Diplomatic Conference of Plenipotentiaries The purpose of this gathering was to work on a treaty to establish the worldrsquos first permanent International Criminal Court At the time many thought it impossible that the five weeks of negotiations would result in the adoption of a treaty Yet on 17 July 1998 the Rome Statute of the ICC was adopted by a vote of 120 to 7 with 21 abstentions Even with this enormous achievement predictions were made that it would be decades before enough governments would make the political commitment and work through the complex legal issues to bring the treaty into

force Since the adoption of the Rome Statute one 139 countries signed the Courts treaty by the established deadline of December 31 2000 With the deposit of the 60th ratification instrument on the 11th April 2002 the Rome Statute entered into force on the 1st July 2002 pursuant to article 126 of the Rome Statute beginning the jurisdiction of the worlds first permanent tribunal capable of trying individuals accused of the most serious violations of International Humanitarian Law genocide war crimes crimes against humanity and once defined aggression Following the entry into force of the Rome Statute on July 1 2002 the ICC established its headquarters in The Hague the Netherlands and sworn in its top officials including eighteen judges the Prosecutor and Registrar The Court is expected to begin investigating and hearing cases once all its officials are installed

What is the International Criminal Court (ICC)

The International Criminal Court is a treaty-based organisation governed by the countries to have ratified or acceded to itsrsquo treaty the Rome Statute Unlike the Rwanda and Yugoslavian International Criminal Tribunals created by a Security Councilrsquos Resolution the jurisdiction of the ICC is not chronologically or geographically limited The ICC does not have jurisdiction over crimes committed before the 1st July 2002 the date the Rome Statute entered into force The ICCrsquos jurisdiction encompasses crimes of genocide war crimes and crimes



































































































































Conferences in 2003



























funders






Historical Overview


































































































































Conferences in 2003



























funders






Historical Overview























funders






Historical Overview

European Newsletter # 34iccnow.org/documents/euroupdate34.200310.pdf · Latin American and...

Documents

Transcript of European Newsletter # 34iccnow.org/documents/euroupdate34.200310.pdf · Latin American and...