Torsten Otto on 28 Dec 2000 01:07:02 -0000 |
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[Nettime-bold] Treaty for the new International Criminal Court |
Christian Hansson schrieb: > Hi everyone! > > Apologies to my Norwegian friends for sending this in English. I don't > usually send "junkmail" to my friends, but I will make an exeption. First of > all, I really do consider this issue important, and second this is the main > issue my organization is working on these days, and I thought you might be > interested. :) > > If you care about global justice and Human Rights then this email is very > important and very urgent. The organization I work for, the World Federalist > Association and Amnesty International are waging a campaign to get Bill > Clinton to sign the Treaty for the new International Criminal Court. He has > to sign before the December 31st. deadline. > > Anything you can do would be great - including emailing Bill Clinton at > president@whitehouse.gov and passing this on all your friends in the next > week! We only have until December 31st to make this happen!!! There's a Q&A > about it below, but call me at 1-800-WFA-0123 or send me an email at > chansson@wfa.org if you have any questions! > > Enjoy, and thanks for your help! > > :) Christian W. Hansson > > ------------ > Copy and pass on: > > CAN YOU BELIEVE THIS????!!!!! > > The U.S. is once again a world deadbeat on human rights, not practicing what > it preaches! Our government is still opposing the creation of a global court > to put the world's worst war criminals in jail!! The President has STILL NOT > signed the Rome Statute for the International Criminal Court (ICC), and if > he doesn't by DECEMBER 31, the game is all over, folks! > > If Bill's signature is not on the dotted line by the end of the year, the > U.S. will have to sign and ratify at the SAME TIME (virtually impossible!) > and our country's credibility on human rights is SHOT! > WE NEED YOUR HELP! We're launching an all-out, full-court press for the > Signature on the Treaty by the end of the year!! > WE NEED EVERYONE TO PUSH ON THIS!! > > · The American Bar Association strongly supports signature of the ICC > Statute > > · Amnesty International and the World Federalists are pushing Clinton to > sign the ICC Statute as part of his Presidential Legacy > > · The Washington Working Group on the ICC has defeated anti-ICC legislation > in the both the Senate and House and is organizing a massive press > conference on December 19, 2000 outside the Holocaust Museum in Washington, > DC > > ACT NOW!!! YOU CAN MAKE A DIFFERENCE!! PASS THIS EMAIL ON TO EVERYONE > > YOU KNOW!!! > > HERE ARE THREE EASY THINGS YOU CAN DO: > 1. Contact President Clinton! The most effective is to write a letter and > send it by snail mail. Use the sample letter below or make one up yourself. > Send it to the President at > > William Jefferson Clinton > President of the United States > The White House > 1600 Pennsylvania Avenue > Washington, DC 20500 > > Or why not call President Clinton at 202-456-1414 and tell him that you want > him to sign the Rome Statute for the International Criminal Court before the > December 31 deadline. You can also email Clinton at > president@whitehouse.gov. > > 2. Sign a petition! Go to > http://www.123petitions.com/sign.cgi?id=tfleming@wfa.org$5 and sign it! > > 3. Organize a petition drive! Download information and a petition of your > own from www.wfa.org! Get every group (human rights, business, church, etc, > etc) to come out in support of defending America's leadership on human > rights and justice! Download YOUR petition from www.wfa.org/iccpetition.pdf > !! > > -------------------- > Sample letter: > > Dear President Clinton, > > Fifty years ago, the U.S. led the world in the prosecution of Nazi war > criminals at Nuremberg. And just two years ago, you promised the > genocide survivors of Rwanda that the U.S. would work to see that > an International Criminal Court (ICC) would be created to "make it > clear to all those who would commit such acts in the future that they > too must answer for their acts." Today, our position on the ICC and > refusal to sign the statute threatens to betray that legacy. > > I strongly support the establishment of the ICC and request that you > sign the Statute as it stands now, with all the protections included for > American soldiers. Unless you sign the Statute before December > 31, 2000, America will stand alone, outside the community of > nations standing for justice and human rights. Let us not allow the > world's worst criminals to escape punishment for the most heinous > crimes. > > You have a choice to leave a legacy of justice and fighting genocide > - or a legacy of broken promises. Demonstrate American leadership > for global justice today, defend America's credibility and sign the > Statute of the International Criminal Court! > > Sincerely, > Your Name > Address > City, State, Zip Code > > (Be sure to put your name and address on the letter!) > > ---------------------- > QUESTIONS AND ANSWERS ABOUT THE INTERNATIONAL CRIMINAL COURT > > Q. What is the International Criminal Court (ICC)? > The ICC will be a permanent court that will investigate and bring to justice > individuals who commit the most serious violations of international > humanitarian law, namely war crimes, crimes against humanity, and genocide. > Unlike the International Court of Justice in The Hague (a.k.a., the World > Court), in which only states can bring suits against one another, the ICC > will have the capacity to try individuals. The ICC will be created on the > basis of the Rome Statute, a treaty adopted in Rome on July 17, 1998 at the > United Nations diplomatic conference. > > Q. When will the ICC be created? > The ICC will enter into force once sixty states have ratified the Rome > Statute. As of December 7, 2000 24 have ratified and 118 States have signed > the Rome Statute. Seventeen out of nineteen NATO states have signed the > treaty and five have already ratified, including Security Council member > France. Most observers expect the court to come into existence within the > next two or three years. > > Q. How will the ICC function? > The Court will be composed of 18 Judges, an independent Office of the > Prosecutor, and the Office of the Registrar. Judges and the Prosecutor will > be elected by the representatives of the member-states to the ICC in the > Assembly of State Parties, who will be able to remove Judges and Prosecutors > who do not meet the high standards of performance demanded by the Statute. > The ICC's jurisdiction can be triggered by member States, the United Nations > Security Council or by the Prosecutor on his/her own initiative. The ICC, > however, will not supplant national jurisdiction. It will only be able take > action in situations where national courts are either unwilling or unable to > investigate or prosecute alleged war criminals. > > Q. Why do we need an ICC for such criminals? Why can't domestic courts do > it? > Unfortunately in some countries, as a result of conflict and social and > political collapse, courts are not capable of dealing with these types of > crimes or of providing a fair trial. Moreover, the ease of international > movement means states need to cooperate to capture and punish criminals. > Finally, some countries capable of trying war criminals and perpetrators of > mass crimes have political problems in doing so or in handing them over to > another nation. The ICC would give these nations another option. > > Q. Why can't we just have more ad-hoc tribunals, like in Yugoslavia and > Rwanda? > The ICC is being created in part because the ad-hoc tribunals demonstrated > the need for a permanent court of this kind. It takes enormous amounts of > time and money to set up ad-hoc tribunals, and the delay in their creation > means that evidence gets destroyed and those responsible remain at large. > Moreover, the creation of a permanent court will have a deterrent effect on > future war criminals. Finally, once the ICC exists, it is extremely unlikely > that the Security Council will authorize the creation of any more ad-hoc > tribunals. > > Q. Will the ICC threaten the sovereignty of democratic countries like the > United States? > The ICC will not supplant U.S. courts. U.S. authorities still have the first > opportunity to carry out investigations and prosecutions, and the ICC cannot > intervene when genuine proceedings have been undertaken. The ICC remains as > a vigilant observer ready to take action wherever national courts are unable > or unwilling to investigate or prosecute transgressors. At the same time, > the ICC Statute contains numerous checks and balances applicable at every > stage of proceedings to ensure that the ICC operates in a credible and > responsible manner. In addition, the jurisdiction of the ICC is carefully > limited to the most serious crimes against international law recognized by > the international community. > > Q. Will the ICC initiate frivolous prosecutions? > The ICC Statute contains many checks and balances to screen out frivolous > proceedings. For example, allegations must be assessed by the Prosecutor to > determine whether there is a reasonable basis to proceed. The Prosecutor > cannot initiate an investigation without review and approval from a > pre-trial chamber of three judges. The suspect and interested states have > the right to challenge investigation and to challenge the jurisdiction of > the ICC over the matter. > > Q. Can the Court try Americans? > Americans arrested abroad for committing a crime are already subject to > prosecution by other countries. Thus, being tried in foreign courts is not a > new development. In the highly unlikely event of an American being arrested > abroad for war crimes, in many cases a trial in the ICC would be fairer, > because US negotiators fought hard and won strong protections for the > accused in the Court's procedures. In addition, under the principle of > complementarity, the ICC would only intervene when the U.S. does not > undertake a good faith effort to investigate or prosecute. In practical > terms, it is highly unlikely that the American judicial system would be > unwilling or unable to try a case. > > Q. How do we know that the ICC will conduct fair trials and that its judges > will be qualified? > The ICC Statute contains numerous provisions to ensure that its procedures > are carried out in accordance with recognized international standards of > justice and guarantees of due process and fair trial. These rights are > protected not only in trial and appeal procedures but also during > investigations. Judges must meet criteria of professional competence, > integrity and experience in relevant areas of law, and must be elected by a > two-thirds majority of States Parties to the ICC Statute. The Statute also > has provisions allowing for disqualification of judges in > conflict-of-interest situations, and procedures for removal from office in > exceptional cases of serious misconduct. > > Q. Will the Court's trials be fair by American standards? > Yes. The U.S. Government has taken great pains to require that the accused > receive a fair trial and be accorded the due process of law. The Rome > statute defines the rights of the accused in accordance with the rights > guaranteed in the International Covenant on Civil and Political Rights and > the Universal Declaration of Human Rights, to which the US is a party. They > include the presumption of innocence, the right to counsel, the right to > confront one's accusers, and the right to a speedy trial. Of course, there > are other concepts of due process than the U.S. version and, in some areas > of the statute, concepts from other legal systems may be used. > > Q. How will the U.S. benefit by participating in the Court? > By enforcing international law in a fair and consistent manner, the ICC > would serve to deter future war crimes and crimes against humanity, and > therefore lessen the necessity for U.S. intervention in such cases as Kosovo > and the Sierra Leone. Moreover, the US will benefit from remaining engaged > even as a non-State Party, as we can continue to participate in negotiations > setting up the court. Even after the court comes into existence, as a > non-State Party we would benefit from cooperating with the court to > prosecute individuals who commit war crimes against Americans. > > For more information on the International Criminal Court, please visit the > following web-sites: > > http://www.iccnow.org > The International Coalition for the International Criminal Court: A > comprehensive source of information on the ICC, with documents from > governments, NGOs, and the UN. > > http://www.wfa.org/icc.htm > World Federalist Association's ICC site: Contains the latest updates > on the US position and activities on the ICC, along with background > material and action alerts. > > http://www.un.org/law/icc/index.html > The official United Nations web-site for the International Criminal Court > > http://www.hrw.org/campaigns/icc/icc-main.htm > Human Rights Watch's page on their ICC campaign. > > http://www.lchr.org/feature/50th/main.htm > Lawyers' Committee for Human Rights ICC campaign page. _______________________________________________ Nettime-bold mailing list Nettime-bold@nettime.org http://www.nettime.org/cgi-bin/mailman/listinfo/nettime-bold