Mission for Establishment of Human Rights in Iran
(MEHR IRAN)
OVERVIEW of ICC
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Coalition
for the International Criminal Courts
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WHAT IS THE INTERNATIONAL CRIMINAL COURT? Based
in The Hague, Netherlands, the International Criminal Court
(ICC) is the first permanent court capable of trying
individuals accused of the most serious violations of
international humanitarian and human rights law, namely
genocide, crimes against humanity and war crimes. The treaty
that established the ICC, the Rome Statute, entered into
force on July 1, 2002, and provisional headquarters for the
Court were opened shortly thereafter. Since that time all
senior ICC officials, including the first 18 judges (of
which 7 are women); ICC Prosecutor Luis Moreno Ocampo of
Argentina; and Registrar Bruno Cathala of France; have been
elected and taken office. The
ICC is expected to begin investigating cases by 2004. WHAT
IS THE NGO COALITION FOR THE INTERNATIONAL CRIMINAL COURT? The
NGO Coalition for the ICC (Coalition) is a diverse, dynamic
global network of over 2,000 civil society organizations
working to support the establishment of a fair, effective
and independent ICC. The
Coalition is organized around (1) national and regional
networks in every region around the world, and (2) sectoral
caucuses focusing on thematic issues, such as women,
children, faith, victims’ rights and universal jurisdiction.
The Coalition works closely with the ICC, governments, the
UN, academics, professional legal associations and the media
in pursuing its objectives. HOW
WAS THE INTERNATIONAL CRIMINAL COURT CREATED? On
July 17, 1998 the Rome Statute of the ICC was adopted.
Governments convened regularly on the subject of the ICC
through bi- or tri-annual meetings of the United Nations
Preparatory Commission for the ICC. Through
the efforts of the
Preparatory Commission, a large volume of work was produced,
including a complementary set of rules of procedure and
evidence for investigating and prosecuting genocide, crimes
against humanity and war crimes. Following
the Statute’s entry into force on July 1, 2002, countries
that have ratified and aceeded to the Statute have convened
in the Assembly of States Parties – the ICC’s governing body
responsible for the political, legislative, financial and
management oversight of the ICC. WHAT
IS THE HISTORY OF THE COALITION’S INVOLVEMENT IN THIS
PROCESS? Established
in 1995 by a Steering Committee that included Amnesty
International, Asociación Pro Derechos Humanos, the European
Law Students Association, Fédération Internationale des
Ligues des Droits de l’Homme, Human Rights Watch, the
International Commission of Jurists, Lawyers Committee for
Human Rights, No Peace Without Justice, Parliamentarians for
Global Action, Rights & Democracy and the World
Federalist Movement, the Coalition has since coordinated NGO
work in support of the ICC. In
addition to facilitating efforts leading up to and during
the 1998 conference, in which the Rome Statute was adopted,
the Coalition coordinated NGO involvement in the ten
meetings of the Preparatory Commission of the ICC, and
continues this role through the meetings of the Assembly of
States Parties and through direct contact with the Court. The
Coalition’s Convenor is Mr. William Pace, Executive Director
of the World Federalist Movement. WHAT
WORK REMAINS TO BE DONE TO ENSURE THE ICC’S EFFECTIVE
FUNCTIONING? At
the national level, much work remains in the campaign for
universal ratification and effective implementation of the
Rome Statute. While every region of the world is represented
amongst ratifying countries, further support is needed from
key regions, including Asia and the Middle East. Countries
that ratify or accede to the Rome Statute must also adopt
complementary national legislation to enable full
cooperation with the ICC and to allow for national-level
prosecutions of the same crimes. Furthermore,
like the UN and other independent international
institutions, the ICC relies on a separate agreement known
as the Agreement on Privileges and Immunities to protect the
Court and its personnel. Both
States Parties and non-States Parties must ratify this
agreement to ensure the safe access of ICC staff to their
territory and the unimpeded transfer of evidence, witnesses
and other information to and from the Court. WHAT
IS THE ROLE OF THE COALITION IN SUPPORTING THE ICC’S
EFFECTIVE FUNCTIONING? The
Coalition’s overarching outreach objectives include:
promoting education and awareness of the ICC and the Rome
Statute; facilitating the effective participation of civil
society in the sessions of the Assembly of States Parties;
encouraging the Assembly of States Parties to provide
effective political and financial support to the ICC;
providing technical expertise and serving in an advisory
role to governments, the ICC, and other institutions;
promoting universal acceptance and ratification of/accession
to the Rome Statute, and the full and effective
implementation of the treaty’s obligations into national
law; raising awareness among national, regional and
international law enforcement to encourage greater
cooperation with the Court; and maintaining a presence in
The Hague to facilitate civil society participation in and
cooperation with the Court’s work.
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MEHR IRAN
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