ICC: What is the International Criminal Court anyway, and why is it causing problems for peacekeepers? Angela Long gives a handy reference guide
What is the International Criminal Court?
Child of the Nuremberg trials, historically, and other world tribunals, its main task will be to prosecute perpetrators - including heads of state - of war crimes.
Such as?
Genocide, torture, serious infringements of non-combatants' security. Examples include the evils of Slobodan Milosevic, Idi Amin, Pol Pot.
So will we see a trial of Idi Amin next year (last said to be living on a diet of oranges in Saudi Arabia)?
No, because the court's prosecutions cannot be retrospective. It will deal with outrages that occur from yesterday, July 1st, 2002. One could say it reflects a pessimistic view of humanity . . . but that is a view borne out by history.
Where did this court come from?
A long-time project of the United Nations, supported by a formidable line-up of non-governmental organisations around the world, it emerged from a difficult international conference held in Rome in 1998. At that time more than 100 countries signed a treaty to set up the court. Then the process of ratification, country by country, began.
When did Ireland ratify?
Ireland was one of the last of the 60 countries required by the statute to endorse the court fully. This hapened in April this year. Seventy-four countries have now come aboard; all EU states have ratified.
What is the fly in the ointment?
Rather a large fly: the United States. Even under Bill Clinton, the treaty in Rome was signed with reluctance, and stated fears that America, because of its huge international role and responsibilities, could fall victim to frivolous or malicious claims against its soldiers. Now the Bush administration appears to be following the line of the hardline conservatives, such as the long-time chairman of the Foreign Relations Committee, Jesse Helms, who refuse to countenance any suggestion that the superpower should be fettered in its international operations.
Hence they have been holding up the continuation of the mandate for peacekeepers in Bosnia, saying they will withdraw unless their soldiers are guaranteed immunity from prosecution under the ICC.
Isn't that a blackmail tactic?
We couldn't possibly comment. ... And, to be fair, considerable world players China, Russia, India and Israel are also anti-ICC.
Where will the court operate?
From The Hague. The Dutch, now hosting the antics of Slobodan Milosevic in the middle of his two-year trial for war crimes, are building permanent accommodation for the court and its offices.
Couldn't the court trying Milosevic turn into the International Criminal Court?
No, that is the International Criminal Tribunal for Yugoslavia, one of two ad-hoc UN courts now in existence. The other one is trying the alleged perpetrators of the genocide in Rwanda. These tribunals are specific only to those situations, whereas the ICC would be a permanent court sitting, waiting, like a cat at a mousehole, for evil to raise its head.
Who will finance it?
The states who have ratified will meet in September to hammer out the budget. The EU intends to be a generous contributor, as are many of the 1,000 or so ngos, such as Amnesty International, which have thrown their weight behind the idea. The UN is not running it, but will contribute as much as possible, given its ongoing financial crisis, due in part again to the reluctance of the US to fork out its share of the bills.