[psych-hr] The Rome Statute enters into force - A major step towards ending impunity for the worst crimes

* News Release Issued by the International Secretariat of Amnesty
International *

30 June 2002
IOR 51/006/2002


Amnesty International welcomes the historic occasion today of the
entry into force of the Rome Statute of the International Criminal
Court (Rome Statute) and calls on all governments to become parties
to the Rome Statute and actively support the International Criminal
Court (ICC).

"From today, those who commit the worst crimes under international
law can be brought to justice by the Court," said Amnesty
International.

The entry into force means that the ICC will be able to investigate
and prosecute people accused of genocide, crimes against humanity and
war crimes committed from this date onwards. The ICC is expected to
begin investigating its first cases in early 2003.

"Currently 73 countries have ratified the Rome Statute at a pace that
has surprised many and appears to be continuing," added Amnesty
International. "It is another step towards a strengthened system of
international justice, where the ICC will complement national
jurisdictions in the struggle against impunity."

"With the entry into force of the Rome Statute today, new standards
for international criminal law become operational. As more states
join the Statute and the Court itself starts functioning, the chances
increase of bringing to justice perpetrators of the worst crimes
under international law."

Background

The Rome Statute was adopted by the international community on 17
July 1998 at a diplomatic conference in Rome. The Rome Statute
provides for the establishment of a permanent ICC with jurisdiction
over genocide, crimes against humanity and war crimes. The crime of
"aggression" will also be within the ICC jurisdiction, when a
definition and a procedure for consideration have been agreed.

The Statute provides that it will enter into force and the Court can
be established following the 60th ratification - this took place on
11 April 2002 at a special ceremony at the UN Headquarters. As of
today 73 states have ratified the Rome Statute and a total of 139
states have signed the Statute.

The ICC will not take the place of national courts but will be
complementary to them only acting when national courts are unwilling
or unable to do so. The Court will have an independent prosecutor who
can commence an investigation and based on information from any
source. The UN Security Council can defer a case for 12 months at a
time; however, all permanent members of the Council must agree to the
deferral.

The ICC can only investigate and prosecute crimes committed after 1
July 2002.

The ability of the ICC to act is also limited to some degree by
whether a state has ratified the Statute - this is the reason that
Amnesty International is calling on all states to ratify. The Court
will only be able to carry out investigations and prosecutions if the
crime was committed on the territory of a state which has ratified;
or, the state makes a declaration that it accepts the Court's
jurisdiction over the crime; or; the accused person is the national
of a state that has ratified. In addition, an important provision
gives the Security Council the authority to refer any situation to
the ICC - regardless of whether a state has ratified - if it
considers it a threat to international peace and security.

The Rome Statute makes clear that sate officials, no matter what
their rank or position, have no immunity for these crimes.

The crime of genocide is defined in the same terms as the Genocide
Convention of 1948, that is killings and other acts "committed with
the intent to destroy, in whole or in part, a national, ethnical,
racial or religious group."

According to the ICC Statute, the court will have jurisdiction over
war crimes "in particular when committed as part of a plan or policy
or as part of a large-scale commission of such crimes". The list of
war crimes in the Statute considerably expands on the "grave
breaches" of the 1949 Geneva Conventions, and covers both
international and non- international armed conflicts.

Crimes against humanity consists of certain acts "when committed as
part of a widespread or systematic attack directed against any
civilian population", in pursuit to a state or organizational policy
to commit such attack. The acts in question include murder,
extermination, enslavement, deportation abroad and forcible transfers
within a state, arbitrary detention, torture, rape and other crimes
of sexual violence, "disappearances", persecution the crime of
apartheid and other inhumane acts. Such crimes may be committed in
war or peacetime, by state agents or members of armed political
groups.

>From 1 to 12 July, the Preparatory Commission of the International
Criminal Court is meeting at the UN Headquarters in New York to
complete its preparation of supplementary documents to the Rome
Statute, including the draft First Year Budget of the Court and the
procedure for electing the Judges and the Prosecutor.

In September 2002, the Assembly of States Parties will meet to
approve the work of the Preparatory Commission. In January 2003 it is
expected that it will meet again to elect the Judges and the
Prosecutor. An inauguration event for the judges is planned to take
place in The Hague.

For further information on the International Criminal Court 
visit:http://web.amnesty.org/web/web.nsf/pages/ICChome


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