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PRESS RELEASE
1 July 2002
! INTERNATIONAL CRIMINAL COURT IS HERE !
ROME STATUTE ENTERS INTO FORCE
WOMEN'S GROUPS WELCOME NEW ERA
OF ACCOUNTABILITY
United Nations, New York, 1 July - On Monday, the Rome
Statute of the International Criminal Court entered into force marking the
moment at which the future Court's jurisdiction over genocide, war crimes and
crimes against humanity took effect.
Women's groups have applauded this historic development
as the Rome Statute has dramatically raised the standard for recognizing
crimes of sexual and gender violence as among the gravest when historically
they had not been treated as such in humanitarian law.
"Women will not be forgotten as war victims
anymore," said Asma Khader, a lawyer and activist from Jordan which was
among 10 countries that ratified the Rome Statute in April.
"The coming of age of the ICC is a fundamental
change for women," remarked Ariane Brunet, coordinator of the Women's
Rights Division of Rights and Democracy, a Canada-based human rights
organization. "It is a commitment to ensure an end to impunity and for
the victims to gain back their sense of dignity, their hope for a future, a
way back to citizenry."
As the ICC comes into existence, there have already been
threats to its independence, impartiality and effectiveness. On May 6, the
Bush administration 'unsigned' the Rome treaty - something that has never been
done before. Currently, there are two laws in effect in the U.S. which
prohibit any support or assistance to the future Court as well as the ongoing
process toward its establishment. Another piece of legislation hostile to the
Court may soon become law in the U.S. and has received sharp criticism from
European allies because it authorizes the use of force to free nationals or
allies held by or on behalf of the ICC. Because the ICC will be officially
seated in The Hague, the Netherlands, critics of the bill have dubbed it
"the Hague Invasion Act."
Women groups monitoring the events have denounced the
U.S. efforts to garner special treatment in the new era of international
justice.
"It can be said that the international values of
human rights and the sovereignty of law at the international level are now
possible," Ms. Khader said. "We look forward to an effective and
independent international criminal court and hope that it will apply to all
countries, all individuals without any exception."
"The U.S. efforts to sabotage the ICC so that its
nationals will be treated differently from everyone else in the world go
against basic notions of fairness not to mention core democratic values,"
said Pam Spees, Program Director of the Women's Caucus for Gender Justice.
"History will reveal how absurd the U.S. actions
have been and what a shame it is that the government has turned its back on
this unprecedented effort to deter, and ensure accountability for, such
horrific crimes," she stated. "It is also a betrayal of the American
people, who by all rights, should feel part of the rising tide toward
international justice and accountability."
The day of the Statute's entry into force is also the
first day of the final session of the ICC Preparatory Commission where
governments will settle remaining issues necessary for the Court's
establishment. Among the issues to be dealt with are the procedures for
nomination and election of judges, prosecutor and deputy prosecutors. Women's
groups watching the negotiations have emphasized the importance of these
issues as critical to the Court's credibility and legitimacy in the eyes of
the world.
"Election of judges and staff for the Court will be
the first visible public act of the Assembly of States Parties and must help
build faith and confidence in the Court as a new institution," said
Lorena Fries, a lawyer and activist with La Morada, a women's rights
organization based in Chile. "As such, the process of selection must be
transparent and the configuration of judges on the Court should reflect the
Statute's mandates of fair gender and geographical representation."
The first meeting of the Assembly of States Parties will
convene in the first week of September at UN Headquarters in New York and a
second in January 2003 at which time the first election of judges will take
place. Experts and observers predict that the Court will be set up and
functioning sometime in late 2003.
Women's groups have organized since 1997 through the
Women's Caucus for Gender Justice to advocate for gender mainstreaming in the
negotiations toward the establishment of the International Criminal Court. As
a result, rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization and sexual violence were included in the Rome Statute
as war crimes and crimes against humanity. Prior codifications of humanitarian
law, e.g. the Geneva and Hague Conventions, had failed to fully address this
range of crimes and recognize them as among grave violations. In addition,
trafficking and gender-based persecution were included as crimes against
humanity. The statute also contains progressive provisions relating to the
participation and protection of victims and witnesses in the process and women
on the Court as judges, prosecutors and staff.
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For further information contact:
Reena Geevarghese, 718-626-2681
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