The International Criminal Court

The Friday dinner speaker John L. Washburn, Convener of the American Non-Governmental Organizations Coalition on the International Criminal Court (ICC), began with the observation that the U.S. has chosen to separate itself from the international community when it comes to the ICC. This was in sharp contrast to the 2002 UNA-USA Florida Division convention theme of �Building Bridges to the World Community.�

Because of the 1999 ICC Resolution at the UNA-USA national convention--originally sponsored by the Florida Division--and the success of the International Coalition for the ICC, the UNA organized the American Non-Governmental Organizations Coalition for the Court and made U.S. ratification a top priority.

By April of 2002 sixty-six countries ratified the ICC, six more than necessary for it to go into effect. Crimes committed after July 1, 2002 will be eligible for ICC jurisdiction and it will first meet the following September. The Court will reside in The Hague and have its own staff, administration, judges and even its own prison building, ironically a former headquarters for the Gestapo. Each of the three chambers (pretrial, trial, and appellate) will have six judges serving nine-year terms. The Court is an independent international organization created by treaty and funded by the Assembly of State Parties that collectively determines the budget and each state�s share. Only the most serious cases involving genocide, war crimes and crimes against humanity will be brought to this forum and the process can be initiated by states or the UN Security Council; the Doctrine of Complementarity established the Court will have jurisdiction if the country where the crime happened cannot or will not prosecute the perpetrators.

President Clinton signed the statute on behalf of the U.S. but felt it was flawed and did not to submit it for Senate ratification, a formal requirement for a treaty to be binding. As a superpower the extensive U.S. troop deployment was said to unduly expose this country to a court that may not share American political values. President Bush has been more adamant about demanding U.S. troop exemption from court jurisdiction. The American people though seem far more willing to see the benefit of the ICC and polls from 1999 and 2000 show that two-thirds of Americans support it. Additionally the European Union and all NATO countries except the U.S. and Turkey have ratified the ICC. On January 1, 2003 the ICC, described by UN Secretary-General Kofi Annan as the most important international organization to be developed since the UN itself, will begin its regular operations without U.S. participation. In contrast to the formation of the UN, where the U.S. played a major role, an American presence will not be exercised at this crucial point.

Shahla Evans

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