Below is the full text of a message from the International Secretariat of the Coalition for the ICC in observation of this anniversary. The message outlines some of the Court's successes through the years and takes a look at its ongoing challenges. One sentence struck me in particular: "[W]e must not overlook the fact that even with 105 states parties and one hundred and thirty-nine signatories to the Rome Statute, some of the world's most influential nations remain outside observers instead of inside actors in this fight against impunity."
The U.S. is one of those outside observers. In fact, the Bush administration has gone to great lengths to undermine the ICC (and thereby undermine the prospect of accountability for crimes against humanity).
What is Bush afraid of? Who is he protecting? And why? If Bush and his minions are breaking no laws, surely they would have nothing to fear.
Anyway, here is the full text of today's message from the Coalition for the ICC:
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Dear Members and Friends of the CICC,-----
The Coalition for the ICC observes the 17th of July as the World Day for International Justice, in honor of the adoption of the Court's founding treaty, the Rome Statute, on 17 July 1998. The Rome Statute establishes a new system of international criminal justice -- now encompassing more than have of the world's nations -- that ends impunity for the worst crimes in international law.
Unfortunately, war crimes and other major crimes against humanity committed in the last decade have only underscored the need for the ICC. Several times a week I am reminded that had the CICC and governments not won adoption of the treaty on July 17, 1998 it would not have been completed in the turbulent years since.
Each year, the CICC uses this day to evaluate our progress and look forward to our challenges in the global struggle to end impunity for the gravest of crimes.
As we celebrate the fifth anniversary this year of the entry into force of the Rome Statute, we can confidently say that the ICC is now fully functional, growing and well poised to become a permanent fixture on the world stage.
Although both the Court and its states parties have still to overcome major deficiencies and daunting challenges, no one could have predicted the many positive developments of the past few years.
Here are just a few of the major achievements for the ICC since 1 July 2002:
* The referral of situations from three states parties to the Court: the Democratic Republic of Congo, Uganda, and the Central African Republic;
* The historic referral of the situation in Darfur, Sudan to the Court by the UN Security Council;
* The recognition of the jurisdiction of the ICC by Côte d'Ivoire even though it is not a state party to the Rome Statute;
* The intensive analysis by the Office of the Prosecutor of potential situations on four continents;
* The opening of an investigation in the CAR that would prosecute the widespread crimes against women as crimes against humanity;
* The issuance of five arrest warrants for members of the Lord's Resistance Army (LRA);
* The issuance of two arrest warrants for suspects in the situation in Darfur, Sudan; and
* The confirmation of charges and move to trial against DRC's Thomas Lubanga Dyilo for war crimes relating to the recruitment and enlistment of child soldiers.
In addition to the Court's progress in its investigations, the growing list of member states further highlights the impact of this new system of international criminal justice. Today, Japan formally deposited its instrument of ratification to the Rome Statute, making it the 105th state party to the Court. This is a momentous step forward in the campaign to ensure universal ratification of the Statute and a clear sign that the Court's legitimacy is growing in major capitals around the world.
In 1998, the most optimistic expert predictions were that it would take ten to twenty years to achieve sixty ratifications. The fact that more than two-thirds of the world's nations have signed or ratified the ICC treaty shows the determination of states not to yield to political pressure from a few powerful nations that continue to oppose the ICC.
Furthermore, just within the past year, there have been a number of important decisions made by the Court on a range of legal issues, including affirming victims' rights to participate in the judicial process, requesting that assets of accused persons be traced and frozen and clarifying certain concepts in the Rome Statute, such as the difference between the Court's definition of a case and a situation. Additionally, with the decision of the CAR Cour de Cassation (Supreme Court) that the CAR justice system was unable to carry out effective investigations and prosecutions, we finally witnessed a state examining the complementarity principle contained in the Rome Statute and recognizing its importance to the dispensation of justice on both the national and international levels.
In spite of these achievements, many serious challenges remain for the ICC and its state parties. One of the most pressing challenges for the Court will be to continue implementing a dramatically improved communications strategy. The ICC has failed to reach out effectively to victims, media, civil society, and parliamentarians in situation countries, and to provide essential information to governments and international organizations. Effective communication with states must occur, for state cooperation will become increasingly vital to the success of the ICC. Perhaps the most important need for state cooperation, given the Court's limited ability, is to arrest accused persons.
The Assembly of States Parties (ASP), the UN Security Council and other UN agencies, including peacekeeping operations and rapid deployment forces, must step up to the challenge. Multiple investigations and warrants without arrests and trials could be disastrous for the ICC. Many other vital state and international organization cooperation issues will require much more effort by the ASP in coming years.
In the next year, the CICC not only looks forward to the start of the first trial at the ICC, but also the continued collaboration among CICC members that ultimately impacts the various aspects of the Court's work.
On this World Day for International Justice, we celebrate the enormous strides that have been made in upholding and advancing the principles of international justice through the ICC. We remain convinced that international justice will have a deterrent effect on the perpetration of widespread and systematic atrocities. We believe that the ICC is a 'root cause' institution, one that will contribute to the prevention, and reconciliation of conflicts involving the worst international crimes.
Statements from states supporting the ICC during recent Security Council debates and General Assembly meetings show that the United Nations will continue to be a vital partner in strengthening the ICC. Members of the CICC will follow the activities of the Human Rights Council, the Office of the Special Advisor on the Prevention of Genocide and Mass Atrocities, the application of the new "Responsibility to Protect" norm, and the Peacebuilding Commission, as they relate to the ICC.
However, we must not overlook the fact that even with 105 states parties and one hundred and thirty-nine signatories to the Rome Statute, some of the world's most influential nations remain outside observers instead of inside actors in this fight against impunity. Thus, we as civil society, with the cooperation of governments and international institutions, are charged with the responsibility to speak on behalf of the victims of the world's conflicts and lead this ever-growing global movement for peace and justice.
In peace and justice,
William Pace
Convenor, Coalition for the International Criminal Court (CICC)
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