October 23, 2002
UPDATE on the International Criminal Court:

• Entry into force July 1.
• 81 ratifications to date.
• NGOs hail representative process for electing judges.
• Canada nominates Philippe Kirsch.
• U.S. steps up campaign to undermine court.

The treaty creating the International Criminal Court (ICC) entered into force July 1, 2002, a little more than two months following the 60th ratification of the Court’s Statute. Since then, international momentum in support of the ICC has continued. On September 19, Malawi became the 81st state to ratify the ICC Statute.

The ICC is the world's first permanent international court addressing crimes against humanity, war crimes and genocide. Earlier this month, the first senior official of the ICC, the Director of Common Services, Mr. Bruno Cathala, began work in The Hague.

In early September the UN convened the first meeting of the Assembly of States Parties for the ICC. The Assembly adopted reports from the previous four years work by the ICC Preparatory Commission. These include documents on rules of procedure and evidence, definitions of crimes, financing, the relationship between the Court and the UN, and a first-year budget.

The Assembly agreed on a procedure for electing the Court's 18 judges. NGOs welcomed the decision on voting requirements that will promote fair representation on the basis of gender, geography and the principal legal systems of the world. The agreed-upon formula also respects the Statute's requirements that candidates have expertise in criminal law, or international humanitarian or human rights law. Canada’s nominee for judge is Philippe Kirsch. Ambassador Kirsch chaired the 1998 UN conference in Rome where the ICC's treaty was negotiated, and for four years chaired the ICC Preparatory Commission meetings.

The nomination period for the eighteen judges and Prosecutor will close on November
30. Elections will be held during the first resumed session of the Assembly of States Parties, February 3 - 7, 2003.

U.S. Opposition

Meanwhile, the United States has stepped up its campaign to undermine the ICC. In May the U.S. revoked its signature of the ICC Statute. Then in June, the U.S. presented the UN Security Council with proposals designed to exempt its nationals from ICC jurisdiction when taking part in UN peace operations.

The U.S. proposals at the Security Council, if accepted, would have had the unprecedented effect of amending an independently negotiated treaty through use of the UN Charter’s Chapter Seven provisions. A compromise resolution provides for immunity from ICC prosecution for UN peacekeepers for a renewable one-year period.

In August the U.S. launched a worldwide campaign to persuade states to enter into bilateral agreements which seek to prevent U.S. nationals accused of genocide, crimes against humanity or war crimes from being surrendered to the International Criminal Court.

Many delegates at the September Assembly of States Parties meeting expressed the view that these so-called Article 98 agreements - dubbed "impunity agreements" by NGOs - are contrary to the objects and purposes of the ICC treaty and a distortion of the intent of article 98. Nevertheless, the U.S. has made a considerable political investment in securing these agreements from as many countries as possible.

On September 30, the Council of Foreign Ministers of the European Union adopted compromise language that leaves open the possibility of EU member states entering into modified versions of the Article 98 agreements. Foreign ministers of 13 states have so far signed Article 98 agreements with the USA: Afghanistan, the Dominican Republic, East Timor, Gambia, Honduras, Israel, the Marshall Islands, Mauritania, Micronesia, Palau, Romania, Tajikistan and Uzbekistan. None has ratified such an agreement.

Canada has stated that it views the agreements as unnecessary and that they are contrary to the objects of the ICC treaty. However, Canada has not stated whether it will or will not enter into such a bilateral agreement with the U.S.


FOR MORE INFORMATION:
- Coalition for the ICC: www.iccnow.org.
- Fergus Watt, World Federalists of Canada (613) 232-0647