The ICC statute, despite some limitations, is a move toward a future of real justice. It is the responsibility of the international community and all its constituencies - the governments, the bureaucrats and the global civil society to ensure that the Court is established with a sense of urgency. The overwhelming support for the statute in Rome last year – a vote in favor of 120 to 7, and the fact that to date 92 countries have signed and six countries have ratified the treaty (See Annex for list of countries that have signed and ratified the ICC treaty) – is a positive indication that the international community is responding to the urgent need for an international mechanism to end impunity and ensure peace and justice.

The ICC statute requires ratification by 60 countries to come into effect. Based on its research and the ratification efforts by its member organizations, the Coalition of NGOs for an ICC (CICC) estimates that the year 2000 will bring about 20-25 ratifications, followed by another 25-30 ratifications in the year 2001. However, these estimates can be actualized only with the efforts of all concerned to generate the necessary impetus and momentum for the ratification campaign. Ratification campaigns must aim at getting countries to immediately sign the treaty and, for those states that have already signed, to expedite the process at the national levels to ratify the treaty.

NGO’s, and especially women’s groups, have a crucial role to play in these campaigns. They can form pressure and groups to monitor the progress of ratification. The ratification process is different from country to country but sometimes involve constitutional amendments, discussion of a bill in the parliament or senate as the case may be and passage of national legislation to give effect to the treaty. Some NGO’s in the Coalition have taken up the task of providing technical assistance to states that need help with the process of ratification. Some regional grouping like the Southern African Development Community (SADC) have had a series of meetings on the issue of ratification and have developed a ratification kit to assist member states in speedy ratification.

While speedy ratification and early coming into effect of the treaty is an overall objective, this goal should not be met at all costs. A major potential for the women’s community is not the establishment of the Court itself, but the possibility of replicating the laws codified in the ICC statute in the national legal systems. So while campaigns ought to be aimed at ratification, such ratification must be substantive.

Suggested action plan for Women’s groups:

• Include in your regional Beijing +5 conference resolutions and recommendations the call for governments to ratify the Rome Statute with the goal of the 60 ratifications needed to establish the Court by June 2001.

• In shadow reports, indicate your country’s stance in the ICC negotiations on gender and the ICC generally as well as signature or ratification status.

• Make support for the ICC and its signature and ratification a demand in all national, regional and international events on women’s human rights.

• Support and assist the mobilization of women around ratification of the ICC and in furtherance of the need for law reform, by:

  - identifying the discriminatory substance and/or application of laws in need of such reform.
  - Help identify the domestic ratification process to assist the efforts of women’s groups to mobilize.
  - Monitor the status of the ICC signature or ratification processes domestically and network with women’s groups focusing on the ICC, regionally.

• Help monitor nomination and hiring process at the ad hoc tribunals and accumulate a pool of candidates for the posts, as well as in anticipation for the creation of the ICC, in furtherance of the commitment by women’s organizations and NGO’s, to gather such information.

• Organize events for education on the ICC and its potential to address violations of women’s human rights as well as to propel law reform initiatives.
  
• Monitor the ongoing ICC process and keep the pressure on governments to take a positive gender stance in current negotiations (refer to key issues of concerns in Part 4)
  

Demand the following from your governments:

• Immediately sign and commence ratification process of the Rome Statute of the ICC in furtherance of the commitments made in the Platform for Action to ratify and fully implement international human rights instruments and instruments containing provisions relative to the protection of women and children in armed conflicts.
  
  Review and amend domestic criminal laws and procedures to eliminate discrimination against women and ensure protection against and prosecution of crimes directed at or disproportionately affecting women. Initiate reform processes in consultation with national and local women's organizations, specifically with respect to sexual and gender violence and apartheid, in furtherance of the commitments made in the Platform for Action and resulting from signature and/or ratification of the ICC.

• Ensure that domestic criminal procedures do not re-traumatize women in the process by enacting witness protection measures, providing psychological and/or medical support for witnesses, and providing sensitivity training on gender-based violence to all judicial and law enforcement officials.

• Ensure women's access to redress for gender-based human rights violations, including assistance/rehabilitation (in the form of medical, psycho/social assistance), restitution and compensation.

• Ensure the inclusion of women in all sectors and levels of decision-making and especially in the administration of justice domestically.

• Identify and nominate qualified women candidates for all posts and appointments to the ad hoc tribunals in the Former Yugoslavia and Rwanda and for the ICC, once established, in furtherance of the commitments in the Platform and provisions in the ICC Statute emphasizing the need for a fair representation of men and women judges and staff.