NCJ Number
177719
Date Published
1998
Length
174 pages
Annotation
This book analyzes the key issues before the International Criminal Court (ICC) Diplomatic Conference that will begin in Rome on June 15, 1998, when representatives of more than 180 states will gather to establish a permanent ICC.
Abstract
An ICC with jurisdiction over genocide, crimes against humanity, and war crimes has the potential to transform the human rights prospects throughout the world in the next century, providing critical redress to victims and deterring the commission of egregious crimes. Critical issues hang in the balance, however, which will determine whether the ICC will be an independent, fair, and effective institution capable of realizing this potential. In this book, Human Rights Watch presents benchmarks that must be met if the ICC is to be fair and effective. First, the jurisdictional regime must exclude any requirement of state consent. Second, the ICC must be independent of the UN Security Council or any other political body. Third, the Court must have an independent prosecutor. Fourth, the ICC should not operate as a supranational institution with the power to substitute itself for national legal systems, but have the power to investigate and prosecute when national systems fail to do so. Fifth, the ICC must be able to prosecute those responsible for serious war crimes, whether committed in international or internal armed conflicts. Sixth, the statute must establish the obligation on state parties to comply with requests from the Court and prohibit unilateral refusal to do so; and seventh, the ICC must respect the rights of the suspects and accused persons enshrined in international human rights instruments and take measures to protect witnesses that testify before the Court. 348 footnotes