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WOMEN'S CAUCUS ADVOCACY
IN
ICC NEGOTIATIONS

ACTION ALERT !!!

MAY  2000

Dear friends,

We urgently need your help immediately to ensure that the efforts of some states to weaken the International Criminal Court, including the Court's ability to prosecute violence against women, is not successful.

The final session of the ICC Preparatory Commission will take place June 12 to 30. This is the last session and it will determine for a long time whether the crimes are defined and the rules drafted in a way that will ensure the effective prosecution of gender crimes. Please help now!

We expect that provisions of fundamental concern to the Women’s Caucus will be sharply contested at this final negotiation. The Vatican and a number of Arab League countries have made clear their effort to limit the Court’s jurisdiction over gender crimes. The United States is seeking adoption of a rule which would lay the foundation for Security Council control over the Court’s exercise of its jurisdiction. Similar efforts were rejected in Rome but only after a very tough battle. Some countries are currently starting to weaken in the face of pressure from the U.S. Once again, it is critical that governments realize that they are being closely watched.

Below is a draft letter which we urge you to send to Foreign, Justice and/or Women’s Ministers and others of influence urging support for the main recommendations of the Women's Caucus. Attached to this e-mail is a list of addresses of some Foreign Ministries. We are asking you to send the letter, with a cc. to the Women's Caucus, as soon as possible.

Note to our European members: the EU is currently formulating a common position for the next PrepCom regarding the US Proposal (see letter below) and regarding crimes against humanity. There is a summit between the US and EU leaders in Lisbon on May 31st where the US Proposal is on the agenda. It is more important than ever to write to your Foreign Ministers as soon as possible.

For those of you who responded to our previous action alert regarding the US proposal, this action alert includes that issue, but also includes the larger range of problems. Please modify the letter as you see fit.

_____________________

Dear ,

RE: International Criminal Court Negotiations at the Preparatory Commission, June 2000.

We are writing to you about the upcoming session of the International Criminal Court Preparatory Commission. This session will finalize the Rules of Procedure and Evidence and the Elements of Crimes for the ICC. We urge you to take a strong stand to defend the integrity of the Court and to support non-discriminatory and effective jurisdiction regarding gender crimes.

It is imperative that the Elements of Crimes and the Rules of Procedure and Evidence do not weaken the gender provisions in the Rome statute of the ICC and that Rules are adopted to establish the necessary protection and incentives for victims and witnesses of gender violence. It is equally important that the Rules and the Elements do not alter the jurisdictional regime and the independence of the court that was so delicately negotiated at the Rome Diplomatic Conference.

The integrity, independence and universality of the Court must not be compromised in the face of illegitimate, short-term and exaggerated threats by some countries against the Court.
Further, we urge you to support the following recommendations of the Women's Caucus for Gender Justice, who represents our concerns in the PrepCom negotiations:

1. The proposal by the United States regarding Article 98 of the Statute and a Supplementary Agreement with the Court would unjustifiably grant Security Council control over the Court. Despite U.S. assertions to the contrary, not only would the current U.S. proposal result in an amendment of the statute, it would undercut the ability of the ICC to do justice. We urge you to reject this and any other proposals that would compromise the independence of the Court.

2. A general statement of gender integration should be included in any general introduction to the Elements of Crimes. The statement should state that sexual violence, like other acts, could be charged as other crimes within the jurisdiction of the Court, such as torture, mutilation, and inhuman treatment, where the acts of sexual violence meet the elements of those crimes.

3. Gender crimes must not be held hostage to the compromise on the chapeau to crimes against humanity. The proposal by 11 Arab countries to exclude crimes committed by husbands against wives, parents against children, and other crimes relating to family matters is a blatant violation of international law and of the Rome statute. It discriminates against women contrary to article 21(3) of the statute by trying to exclude from the jurisdiction of the Court crimes which affect women exclusively and disproportionately. This proposal would also exclude racial crimes, such as violence or persecution of persons in interracial or inter-ethnic marriage. These acts cannot be excluded from the ICC's jurisdiction simply because they relate to family matters.

4. The chapeau to the Crimes against humanity Elements should not include any requirement that a state or organization "actively promote or encourage" the criminal conduct in question. The language is not only a deceptive way of attempting to limit jurisdiction over crimes against women; it is wholly inconsistent with international law. This language would greatly limit the statutory jurisdiction of the Court and threatens to improperly limit its effectiveness. Under international law, failure to punish or prevent certain conduct can constitute a state policy to commit crimes against humanity. The "actively promote or encourage" language should be eliminated and the Court should be given the flexibility to decide which types of conduct satisfy the statutory threshold requirement for crimes against humanity.

5. The elements of enslavement and sexual slavery in the rolling text which emphasize "purchasing, selling, lending or bartering" and similar deprivations of liberty threaten to lead the ICC to interpret the statute in a way which would exclude many situations of slavery recognized under international law. Neither sexual slavery nor enslavement commonly involve a commercial transaction. For example, in the conflicts in the former Yugoslavia and Rwanda, women were kidnapped, held captive, and repeatedly raped. The proposed elements may exclude some of these forms of slavery. To rectify this, the elements of sexual slavery in the rolling text must therefore be modified to de-emphasize the commercial exchange element.

6. The term "genuine" consent in the elements of enforced sterilization should be replaced by "voluntary and informed" Consent with reference to the absence of incapacitating conditions. The term "genuine" creates the danger that enforced sterilization involving deception and even coercion will not be a crime under the statute.

7. The crime of sexual violence should be comparable to all the offences under the statute or at least all offenses in article 7(1). The proposed limitation to making the crime comparable to the offences only in paragraph. 7(1)(g) would mean that sexual violence comparable in gravity to grave breaches or serious violations-which do constitute war crimes-- would not also constitute a crime against humanity.

8. The Rules of Procedure and Evidence should include strong provisions to allow victims to participate in the proceedings and have effective legal representation. The participation of victims will make the ICC more efficient, effective, transparent and legitimate. The Rules should also adopt a definition of victims that recognizes a range of significant relationships which are not always legally recognized as family.

9. Special procedures must be adopted which address the barriers that prevent women, particularly in cases of sexual violence, from seeking justice or that harm them in the process. The Rules must prevent the admissibility of inflammatory and irrelevant evidence as well as the drawing of discriminatory inferences in cases of sexual violence crimes. Such rules are necessary to encourage women victims of sexual and gender violence to participate in the work of the ICC and to prevent needless retraumatisation of those who do participate.

We would appreciate your serious consideration of the above recommendations.

Signed,
____________________________

U.N. e-mail addresses, Permanent Missions:
Please address your letter to the 'Representative of the 6th Committee' at
your permanent mission.

Afghanistan - afgun@undp.org
Albania - albun@undp.org
Algeria - dzaun@undp.org
Andorra - andun@undp.org
Angola - agoun@undp.org
Antigua and Barbuda - atgun@undp.org
Argentina - argun@undp.org
Armenia -armun@undp.org
Australia - ausun@undp.org
Austria - autun@undp.org
Azerbaijan - azeun@undp.org
Bahamas - bhsun@undp.org
Bahrain -bhrun@undp.org
Bangladesh - bgdun@undp.org
Barbados - brbun@undp.org
Belarus - blrun@undp.org
Belgium - belun@undp.org
Belize - blzun@undp.org
Benin - benun@undp.org
Bhutan - btnun@undp.org
Bolivia - bolun@undp.org
Bosnia and Herzegovina - bihun@undp.org
Botswana - bwaun@undp.org
Brazil - braun@undp.org
Brunei Darussalam - brnun@undp.org
Bulgaria - bgrun@undp.org
Burkina Faso - bfaun@undp.org
Burundi - bdiun@undp.org
Cambodia -khmun@undp.org
Cameroon - cmrun@undp.org
Canada - canun@undp.org
Cape Verde- cpvun@undp.org
Central African Republic - cafun@undp.org
Chad -tcdun@undp.org
Chile - chiun@undp.org
China - chnun@undp.org
Colombia -colun@undp.org
Comoros - comun@undp.org
Congo - cogun@undp.org
Costa Rica -cosun@undp.org
Cote d'Ivoire - civun@undp.org
Croatia - hrvun@undp.org
Cuba- cubun@undp.org
Cyprus - cypun@undp.org
Czech Republic - czeun@undp.org
Denmark - dnkun@undp.org
Djibouti - djiun@undp.org
Dominica -dmaun@undp.org
Dominican Republic - domun@undp.org
Ecuador - ecuun@undp.org
Egypt - egyun@undp.org
El Salvador - salun@undp.org
Equatorial Guinea -gnqun@undp.org
Eritrea - eriun@undp.org
Estonia - estun@undp.org
Ethiopia -ethun@undp.org
Fiji - fjiun@undp.org
Finland - finun@undp.org
France -fraun@undp.org
Gabon - gabun@undp.org
Gambia - gmbun@undp.org
Georgia -geoun@undp.org
Germany - germany@un.int
Ghana - ghaun@undp.org
Great Britain - gbrun@undp.org
Greece - grcun@undp.org
Grenada - grdun@undp.org
Guatemala - gtmun@undp.org
Guinea - ginun@undp.org
Guinea-Bissau -gnbun@undp.org
Guyana - guyun@undp.org
Haiti - htiun@undp.org
Honduras -hndun@undp.org
Hungary - hunun@undp.org
Iceland - islun@undp.org
India -indun@undp.org
Indonesia - idnun@undp.org
Iran - irnun@undp.org
Iraq -irqun@undp.org
Ireland - irlun@undp.org
Israel - isrun@undp.org
Italy -itaun@undp.org
Jamaica - jamun@undp.org
Japan - jpnun@undp.org
Jordan -jorun@undp.org
Kazakstan - kazun@undp.org
Kenya - kenun@undp.org
Korea(Dem. People's Republic of) - prkun@undp.org
Korea (Republic of) -korun@undp.org
Kuwait - kwtun@undp.org
Kyrgyzstan - kgzun@undp.org
Lao P.Dem. Republic - laoun@undp.org
Latvia - lvaun@undp.org
Lebanon -lbnun@undp.org
Lesotho - lsoun@undp.org
Liberia - lbrun@undp.org
Libya -lbyun@undp.org
Liechtenstein - lieun@undp.org
Lithuania - ltuun@undp.org
Luxembourg - luxun@undp.org
Macedonia - mkdun@undp.org
Madagascar - mdgun@undp.org
Malawi - mwiun@undp.org
Malaysia - mysun@undp.org
Maldives -mdvun@undp.org
Mali - mliun@undp.org
Malta - mltun@undp.org
Marshall Islands - mhlun@undp.org
Mauritania - mrtun@undp.org
Mauritius - musun@undp.org
Mexico - mexun@undp.org
Micronesia - fsmun@undp.org
Moldova - mdaun@undp.org
Monaco - mcoun@undp.org
Mongolia - mngun@undp.org
Morocco - marun@undp.org
Mozambique - mozun@undp.org
Myanmar - mmrun@undp.org
Namibia - namun@undp.org
Nepal - nplun@undp.org
Netherlands - nldun@undp.org
New Zealand - nzlun@undp.org
Nicaragua - nicun@undp.org
Niger - nerun@undp.org
Nigeria - ngaun@undp.org
Norway - norun@undp.org
Oman - omnun@undp.org
Pakistan - pakun@undp.org
Palau - plwun@undp.org
Palestinian National Authority - palun@undp.org
Panama - panun@undp.org
Papua New Guinea - pngun@undp.org
Paraguay - pryun@undp.org
Peru - perun@undp.org
Philippines - phlun@undp.org
Poland - polun@undp.org
Portugal - prtun@undp.org
Qatar - qatun@undp.org
Romania - romun@undp.org
Rwanda - rwaun@undp.org
Russian Federation - rusun@undp.org
Samoa - wsmun@undp.org
San Marino - smrun@undp.org
Sao Tome and Principe - stpun@undp.org
Saudi Arabia - sauun@undp.org
Senegal - senun@undp.org
Seychelles - sycun@undp.org
Sierra Leone - sleun@undp.org
Singapore - sgpun@undp.org
Slovakia - svkun@undp.org
Slovenia - svnun@undp.org
Solomon Islands - slbun@undp.org
Somalia - somun@undp.org
South Africa - zafun@undp.org
Spain - espun@undp.org
Sri Lanka - lkaun@undp.org
St. Kitts and Nevis - knaun@undp.org
St. Lucia - lcaun@undp.org
St. Vincent & the Grenadines - vctun@undp.org
Sudan - sdnun@undp.org
Suriname - surun@undp.org
Swaziland - swzun@undp.org
Sweden - sweun@undp.org
Switzerland - cheun@undp.org
Syrian Arab Republic - syrun@undp.org
Tajikistan - tjkun@undp.org
Tanzania (United Republic of) - tzaun@undp.org
Thailand - thaun@undp.org
Togo - tgoun@undp.org
Trinidad and Tobago - ttoun@undp.org
Tunisia - tunun@undp.org
Turkey - turun@undp.org
Turkmenistan - tkmun@undp.org
Uganda - ugaun@undp.org
Ukraine - ukrun@undp.org
United Arab Emirates - areun@undp.org
United States of America - usaun@undp.org
Uruguay - uruun@undp.org
Uzbekistan - uzbun@undp.org
Vanuatu - vutun@undp.org
Vatican (Holy See) - vatun@undp.org
Venezuela - venun@undp.org
Viet - Nam - vnmun@undp.org
Yemen - yemun@undp.org
Yugoslavia - yugun@undp.org
Zaire - zarun@undp.org
Zambia - zmbun@undp.org
Zimbabwe - zweun@undp.org