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! Action Alert !
1 December 1999:The Women’s Caucus for Gender Justice urgently needs your assistance with the International Criminal Court (ICC) negotiations currently under way at UN Headquarters in New York.
We are faced with major obstacles at this PrepCom as several countries are putting forth papers and positions which define many of the crimes against humanity in very limiting ways that do not take into account the realities of women in the situations likely to come before the Court.
The negotiations at this PrepCom which began on Monday, November 29, and will continue through December 17, will focus on the definitions of crimes against humanity. In the past PrepComs, the definitions of war crimes were negotiated and included crimes of sexual violence. The negotiations produced definitions of these crimes that were satisfactory in some respects and very unsatisfactory in others.
The U.S. presented their paper on elements of crimes against humanity (Art. 7 of the ICC statute) in the past PrepComs which still stands as a basis. Canada and Germany have submitted their proposals in the current PrepCom seek to be an alternative to the US paper, but do not measurably improve the situation. While this paper attempts to ensure consistency with the elements of war crimes as negotiated in the last PrepCom, we believe that the exercise of identifying elements of crimes against humanity has already been accomplished in the ICC statute and that there is no need to elaborate on these crimes in the elements.
** The Women’s Caucus therefore urges the delegations to respect the ICC statute by adhering to the letter and spirit of the definitions of most of the crimes against humanity as elaborated in Art.7(2). The elements as contained in the Canadian/German proposals define many of the crimes in restrictive ways which would prevent the Court from being able to fully address the range of violence and violations to which women are commonly subjected.
In addition, some countries in the Arab League will be submitting a proposal on the elements of crimes against humanity which in essence takes a position that certain crimes recognized as crimes against humanity in Art. 7(2) of the statute such as the general crimes of enslavement and confinement, and the crimes of sexual violence of rape, sexual slavery, forced pregnancy, enforced prostitution and other forms of sexual violence will not apply when these crimes are committed within the realm of family or if practiced as a matter of religious or cultural norms.
Such restrictions and limitations will clearly affect the ability of the Court to prosecute violations of women’s human rights, particularly crimes of gender and sexual violence as these often take place within the realm of family when committed in times of “peace.” The best example is that it will put the current Afghanistan situation out of the ICC’s jurisdiction.
** The Women’s Caucus strongly urges delegations to resist any such move for their success will result in loss of many gains that were made in the ICC statute to obtain redress for violence against women.
The Women’s Caucus is also concerned that the U.S may be attempting to have a provision in the elements that exempt ‘peace-keeping’ forces from being prosecuted for crimes against humanity.
There are also other key matters of procedure and structure: (1) The existing rule in the ad hoc Tribunals for Yugoslavia and Rwanda prohibiting prior sexual conduct should be adopted. (2) The rules should recognize harassment and discrimination as misconduct and provide for the positive measures to ensure that the personnel of the Court correctly represent geographical diversity, men and women and gender experts which are identified in the statute.
** We ask that you contact your foreign and justice ministers and urge them to support gender issues and to oppose the attempts by any country to limit the Court’s ability to fully respond redress the crimes committed against women, which rightfully belong before the Court.
A draft of a letter is attached below. Please fax or e-mail a copy of your letters to us at 212-949-7996 or iccwomen@igc.org. Please also email copies of your letters to the email address of your mission, which is pasted below.
Dear __________,We are writing this letter because of our concerns regarding some developments at the UN negotiations of the Preparatory Commission (PrepCom) regarding the International Criminal Court which is currently meeting at the UN in New York.
One major issue concerns the definitions or “elements” of crimes against humanity. Several countries are putting forth positions which define many of the crimes against humanity in very limiting ways and which are likely to prevent the Court from being able to fully address the range of violence and violations to which women are commonly subjected.
On the one hand, the U.S. and Canada/Germany have submitted papers which define many of the crimes against humanity in restrictive ways. These crimes are already defined in art. 7(2) of the Rome Statute and these definitions should be simply converted into elements of crimes rather than elaborated upon. These proposals improperly include limitations or potentially limiting language—such as for enslavement, extermination, sexual slavery, and other sexual violence--which do not appear in the Rome statute.
On the other hand, some Arab League countries have circulated a paper that would exclude crimes such as enslavement, confinement and the full range of sexual violence crimes when these crimes are committed within the realm of family or if the violence is practiced as a matter of religious or cultural norms. Any such attempt is wholly unacceptable as it would violate Rome and international law and must be met with firm rejection.
We urge you to do the following:
1. Oppose attempts by any country including some Arab League countries to prevent the Court from redressing violence against women and other violations of women’s human rights by restricting its jurisdiction from areas of family concern. Any such restrictions would be in violation of the Rome Statute which created the ICC and international human rights law, and are completely unacceptable.
2. Support articulation of the elements of crimes against humanity based on the definitions contained in art. 7(2) of the Rome Statute and without embellishment. For example,
- Enslavement and sexual slavery elements should be based on the definitions already contained in article 7(2) of the Rome Statute which states the essential element—that enslavement is the exercise of the power of ownership over another person. This has meaning in international law and would encompass the range of situations that amount to enslavement, reflect the true nature of the crime. The definitions of these crimes should not be limited to a few specific instances or types of enslavement/sexual slavery, such as purchasing or selling or forced labor.
- Extermination should also follow the Rome statute and not become a replica of genocide.
- “Other sexual violence” crimes need to encompass all sex crimes of comparable gravity to the other non-sex-specific crimes within the statute. Otherwise, the Elements Annex will discriminate against crimes of sexual violence by setting a higher threshold for these crimes. The current proposal suggests that |”other sexual violence” must be of comparable gravity to “rape, sexual slavery” etc. This is also inconsistent with the war crimes text.
3. Oppose any efforts to exempt peacekeeping forces from the Court’s jurisdiction by making exceptions for such personnel or forces in the definitions of crimes or under the guise of immunities. This runs contrary to the very important recent initiatives of the Secretary-General to make the peacekeepers subject to humanitarian law. We already know what happens when they are permitted impunity.
4. Support the rule prohibiting the sexual conduct of the victim from being admitted into evidence as it is irrelevant and discriminatory and has historically been used to shame the victim of sexual violence and call into question her credibility. The ICTY and ICTR Rules prohibited such evidence altogether; it’s essential to incorporate their rule and rid judicial inquiries of this severe, unfair and unwarranted invasion of women’s privacy.
5. Support recognition of harassment and discrimination, including sexual harassment as misconduct and of a specific mechanism to ensure equality which includes providing for the recruitment and advancement of people who satisfy the Rome Statute’s commitments to geographical diversity, gender expertise and a fair representation of men and women throughout the Court.
6. Work closely with the Women’s Caucus for Gender Justice who have been monitoring these negotiations from a gender perspective and have the requisite expertise in the pertinent international law as well as in the complexities of ensuring gender integration and the effectiveness of the landmark gender provisions of the Rome Statute.
Sincerely,
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
Compiled by CICC, the NGO Coalition for an International Criminal Court