|
|
 |
Home > News |
|
STATEMENT OF VAHIDA NAINAR
ON THE OCCASION OF THE 60TH RATIFICATION
OF THE ROME STATUTE
FOR THE INTERNATIONAL CRIMINAL COURT11 April 2002
Today will go down in history as the momentous day when 10 states deposited their instruments of ratification of the International Criminal Court treaty paving the way for its imminent entry into force. This rush - to end impunity - to usher in a culture of justice - a culture of accountability is indeed extraordinary and commendable. It's an indication that the world's endurance of war, violence and crimes has ended. It is an indication that the peoples of the world can expect to live in a significantly different and better world in the future than the one we have left behind.We have in the past seen the worst forms of crimes committed over unsuspecting and peaceful mass of people leaving countless of victims and survivors. Unfortunately, war is considered a means of achieving peace and security. Despite its gruesome and horrendous effects, war rages in many parts of the world today. While peace and security remains ever elusive, a trail of devastation, destruction, victimization of peoples and survivors, particularly women and children can be seen everywhere. There is hope now that the International Criminal Court on entry into force will step in and hold those responsible, accountable to their deeds. Not only will the International Criminal Court be a mechanism for justice, it will also be a mechanism for deterrence and reconciliation which are among the main elements to achieve lasting peace.
The statute of the International Criminal Court criminalizes acts that were already crimes in international law. Yet, it has several distinctions - its emphasis on individual criminal responsibility, provision for an independent Prosecutor, provision for victims to participate and voice their views and the unprecedented level of gender integration throughout the statute are some of them. In fact, with regard to gender justice, the statute sets new standards in prosecution of crimes of gender and sexual violence that national judicial systems can benefit from.
Speaking on behalf of a NGO Coalition that is very broad based, I can say that the International Criminal Court has support among wide and diverse constituencies of civil societies in corners of the world - and I might add even in those countries that have not signed or ratified the statute. The journey so far and the partnership of the co-travelers in this journey have been incredibly unique and something everyone must be proud of. (Particularly, if I compare it with other processes I have been involved in) There is hardly a page in the statute and the other ICC documents that has not been influenced by NGO's representing diverse sectors and issues - such as legal issues, human rights, children's rights, victims' rights and women's rights - NGOs with first-hand experience at the ground level of difficult issues that were being negotiated. Adding a touch of reality to this was the experience of diplomats and delegates who were sensitive to the concerns of states and made all efforts to make this a universal Court. The result is - a Court that has adequate teeth to do justice but not enough to infringe upon the sovereignty of states.
Rather, the International Criminal Court respects the sovereignty of states by acting only in the event of inability or unwillingness on the part of a state to proceed with prosecution. This complementarity principle is in fact key to the success of the International Criminal Court. To avoid being determined 'unable' or to show willingness, countries that have ratified - indeed all countries irrespective of whether they have signed, ratified or acceded to the Rome statute must enact legislations that would allow, at the very least, for investigation and prosecution of war crimes, crimes against humanity and genocide according to standards set in the Rome Statute. Of course, nothing prevents states from improving upon the limitations of the Rome statute and assist in the further development of international law.
With the imminent entry into force of the International Criminal Court set in by the incredible course of events of the day, the challenge has only begun. While the mundane task of establishing the Court needs to be done quickly, it is important not to loose sight of the purpose of the court - to keep in mind the people, the victims, the women who have waited long enough to have access to secure, safe and accessible mechanisms of justice. I will end with a quote from one of the many statements we have received on hearing of the news on the 60th ratification. The International Solidarity Network of Women Living under Muslim Laws (WLUML) had this to say, "For all the women of the world, especially those who have struggled so long and hard to ensure an end to impunity for all forms of gender violence, this is the beginning of being able to live our dream." The expectations are high and the International Criminal Court will have to rise and meet the challenge.
# # #