The director general in the International Affairs and Cooperation Ministry, Dr. Ayanda Ntsaluba, reiterated South Africa's commitment to the International Criminal Court and stated that South Africa would respect its obligation to cooperate with the ICC, including in carrying out arrest warrants for sitting Sudanese president Omar al-Bashir.
As the leading African democracy, South Africa remains well placed to play a positive role in encouraging fellow African Union states that are party to the Rome Statute of the ICC to maintain their support for effective international justice. African and international civil society also looks to South Africa to challenge those African states that continue to push the continent to cease cooperation with the ICC.
The notes following the Briefing of Department International Relations and Cooperation’s Director- General, Ayanda Ntsaluba, can be found here.
Source: Human Rights Watch
Showing posts with label Rome Statute. Show all posts
Showing posts with label Rome Statute. Show all posts
Friday, July 31, 2009
African Civil Society Urges African States Parties to the Rome Statute to Reaffirm Their Commitment to the ICC
On 3 July 2009 the African Union (AU) agreed that its members should withhold cooperation from the International Criminal Court (ICC) in the arrest and surrender of Sudanese President Omar al-Bashir. The court issued its arrest warrant for President al-Bashir on 4 March 2009 for alleged war crimes and crimes against humanity committed in Darfur.
The AU's decision threatens to block justice for victims of the worst crimes committed on the continent. It is inconsistent with article 4 of the AU's constitutive act that rejects impunity, as well as the treaty obligations of the 30 African governments that ratified the Rome Statute of the ICC. The decision also undermines the consensus reached by African ICC States Parties at a meeting in Addis Ababa in June 2009.
Recognizing our obligation to help protect human rights and uphold the rule of law, we, the undersigned civil society organizations, appeal to African ICC States Parties to reaffirm their support for the ICC and their commitment to abide by their obligations under the Rome Statute, particularly in relation to the arrest and transfer of the President of Sudan to the ICC.
The ICC was created to bring accountability for the most serious crimes of international concern: genocide, war crimes and crimes against humanity. African governments, together with civil society, played an active role in establishing the court and African governments were among the founding ratifiers of the Rome Statute.
A majority of African countries are now Parties to the ICC: Benin, Botswana, Burkina Faso, Burundi, Central African Republic, Chad, Comoros, Republic of Congo, Democratic Republic of Congo, Djibouti, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Namibia, Niger, Nigeria, Senegal, Sierra Leone, South Africa, Tanzania, Uganda, and Zambia. In ratifying the Rome Statute, these states signaled their dedication to cooperate with the ICC to defend the rights of victims and to ensure that the perpetrators of the most serious crimes known to humankind, whoever they might be, are brought to justice.
In Addis Ababa in June, those states underscored their continued support for the court. Proposals to consider making recommendations in relation to possible withdrawal from the ICC or withholding cooperation from the court failed to win a consensus.
The decision adopted at the AU summit just three weeks later is a backward step. The basis provided by the AU for withholding cooperation with the ICC is the UN Security Council's lack of response to the AU's request for a deferral of the ICC's case against President al-Bashir. Consistent with States Parties' obligations under the Rome Statute, this is a matter to direct to the Security Council and does not warrant withholding cooperation from the ICC.
Following the AU summit, the governments of Botswana and Uganda issued statements reiterating their commitment to cooperating with the ICC. These statements are important.
Civil society across the continent has expressed concern about the AU decision. Ensuring that the determined steps to end impunity on our continent are not undermined requires a collective effort by all Africans. Instead of retreating from important achievements to date, we look to our governments to remain steadfast in their support for justice for victims of the worst crimes, including by reaffirming their commitment to cooperate with the ICC.
Source: Human Rights Watch
The AU's decision threatens to block justice for victims of the worst crimes committed on the continent. It is inconsistent with article 4 of the AU's constitutive act that rejects impunity, as well as the treaty obligations of the 30 African governments that ratified the Rome Statute of the ICC. The decision also undermines the consensus reached by African ICC States Parties at a meeting in Addis Ababa in June 2009.
Recognizing our obligation to help protect human rights and uphold the rule of law, we, the undersigned civil society organizations, appeal to African ICC States Parties to reaffirm their support for the ICC and their commitment to abide by their obligations under the Rome Statute, particularly in relation to the arrest and transfer of the President of Sudan to the ICC.
The ICC was created to bring accountability for the most serious crimes of international concern: genocide, war crimes and crimes against humanity. African governments, together with civil society, played an active role in establishing the court and African governments were among the founding ratifiers of the Rome Statute.
A majority of African countries are now Parties to the ICC: Benin, Botswana, Burkina Faso, Burundi, Central African Republic, Chad, Comoros, Republic of Congo, Democratic Republic of Congo, Djibouti, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Namibia, Niger, Nigeria, Senegal, Sierra Leone, South Africa, Tanzania, Uganda, and Zambia. In ratifying the Rome Statute, these states signaled their dedication to cooperate with the ICC to defend the rights of victims and to ensure that the perpetrators of the most serious crimes known to humankind, whoever they might be, are brought to justice.
In Addis Ababa in June, those states underscored their continued support for the court. Proposals to consider making recommendations in relation to possible withdrawal from the ICC or withholding cooperation from the court failed to win a consensus.
The decision adopted at the AU summit just three weeks later is a backward step. The basis provided by the AU for withholding cooperation with the ICC is the UN Security Council's lack of response to the AU's request for a deferral of the ICC's case against President al-Bashir. Consistent with States Parties' obligations under the Rome Statute, this is a matter to direct to the Security Council and does not warrant withholding cooperation from the ICC.
Following the AU summit, the governments of Botswana and Uganda issued statements reiterating their commitment to cooperating with the ICC. These statements are important.
Civil society across the continent has expressed concern about the AU decision. Ensuring that the determined steps to end impunity on our continent are not undermined requires a collective effort by all Africans. Instead of retreating from important achievements to date, we look to our governments to remain steadfast in their support for justice for victims of the worst crimes, including by reaffirming their commitment to cooperate with the ICC.
Source: Human Rights Watch
Thursday, December 4, 2003
Interpol Puts Liberian Ex-Chief On World's Most-Wanted List
Interpol called Thursday for the arrest of the former Liberian president, Charles Taylor, for his suspected role in atrocities committed during Sierra Leone's 10-year civil war. Interpol put Mr. Taylor on its most wanted list by posting a "red notice" on its Web site, alerting police forces around the world to an arrest warrant issued by Sierra Leone in June.
Interpol's notice does little to change Mr. Taylor's status: he has been living in Nigeria since resigning his presidency in August as part of an American-brokered accord to end fighting in Liberia. But the Interpol action does raise the international profile of the Sierra Leone warrant, which Nigeria has so far ignored. "It reminds the world that Charles Taylor remains a fugitive from justice," said Allison Cooper, a spokeswoman for the United Nations court in Sierra Leone, speaking by telephone from Freetown. "It also demonstrates that there's no such thing as amnesty for war crimes and crimes against humanity."
The court, set up in 2000, has argued that because Nigeria is a signatory to the Geneva Conventions, the African Convention on Human Rights and the Rome Statute that created the International Criminal Court, it is obligated to turn Mr. Taylor over for prosecution as a war criminal or try him itself. But Nigeria's president, Olusegun Obasanjo, who granted Mr. Taylor asylum in hopes of neutralizing his influence in the region, has rejected Sierra Leone's extradition request. Mr. Obasanjo has said he might consider a similar request by Liberia, if that country seeks to prosecute its former president. Nigeria's asylum agreement with Mr. Taylor does not shield him from Liberian law.
Mr. Taylor, born to an American father and a Liberian mother, graduated from Bentley College in Massachusetts and worked in the Liberian civil service in the 1980's before he was accused of embezzling hundreds of thousands of dollars. He fled and returned in December 1989 to mount a rebellion from neighboring Ivory Coast. From the beginning, his forces were accused of appalling violence. He became Liberia's president in July 1997, though the fighting in the country continued.
Mr. Taylor is charged with training and arming Sierra Leone rebels, many of them children, for that country's long and bloody civil war. Hundreds of thousands of people died during the fighting, and thousands more were left maimed by the Liberian-trained rebels who punished civilians by hacking off limbs. Sierra Leone's war ended in 2001, and its court indicted Mr. Taylor in June. The court applied to become an Interpol member this April, and that process was completed last month, allowing the police organization to post its notice.
As with all Interpol red notices, a photograph of Mr. Taylor appeared on the organization's Web site, with the added warning: "Person May Be Dangerous."
Source: New York Times
Interpol's notice does little to change Mr. Taylor's status: he has been living in Nigeria since resigning his presidency in August as part of an American-brokered accord to end fighting in Liberia. But the Interpol action does raise the international profile of the Sierra Leone warrant, which Nigeria has so far ignored. "It reminds the world that Charles Taylor remains a fugitive from justice," said Allison Cooper, a spokeswoman for the United Nations court in Sierra Leone, speaking by telephone from Freetown. "It also demonstrates that there's no such thing as amnesty for war crimes and crimes against humanity."
The court, set up in 2000, has argued that because Nigeria is a signatory to the Geneva Conventions, the African Convention on Human Rights and the Rome Statute that created the International Criminal Court, it is obligated to turn Mr. Taylor over for prosecution as a war criminal or try him itself. But Nigeria's president, Olusegun Obasanjo, who granted Mr. Taylor asylum in hopes of neutralizing his influence in the region, has rejected Sierra Leone's extradition request. Mr. Obasanjo has said he might consider a similar request by Liberia, if that country seeks to prosecute its former president. Nigeria's asylum agreement with Mr. Taylor does not shield him from Liberian law.
Mr. Taylor, born to an American father and a Liberian mother, graduated from Bentley College in Massachusetts and worked in the Liberian civil service in the 1980's before he was accused of embezzling hundreds of thousands of dollars. He fled and returned in December 1989 to mount a rebellion from neighboring Ivory Coast. From the beginning, his forces were accused of appalling violence. He became Liberia's president in July 1997, though the fighting in the country continued.
Mr. Taylor is charged with training and arming Sierra Leone rebels, many of them children, for that country's long and bloody civil war. Hundreds of thousands of people died during the fighting, and thousands more were left maimed by the Liberian-trained rebels who punished civilians by hacking off limbs. Sierra Leone's war ended in 2001, and its court indicted Mr. Taylor in June. The court applied to become an Interpol member this April, and that process was completed last month, allowing the police organization to post its notice.
As with all Interpol red notices, a photograph of Mr. Taylor appeared on the organization's Web site, with the added warning: "Person May Be Dangerous."
Source: New York Times
Saturday, July 18, 1998
The Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of October 2009, 110 states are party to the statute,and a further 38 states have signed but not ratified the treaty. Among other things, the statute establishes the court's functions, jurisdiction and structure.
The treaty can be found here.
The jurisdiction of the Court shall be limited to the most serious crimes of concernto the international community as a whole. The Court has jurisdiction inaccordance with this Statute with respect to the following crimes:
(a)The crime of genocide;
(b)Crimes against humanity;
(c)War crimes;
(d)The crime of aggression.
The Court shall exercise jurisdiction over the crime of aggression once a provisionis adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of theCharter of the United Nations.
Source: Wikipedia; International Criminal Court (ICC)
The treaty can be found here.
The jurisdiction of the Court shall be limited to the most serious crimes of concernto the international community as a whole. The Court has jurisdiction inaccordance with this Statute with respect to the following crimes:
(a)The crime of genocide;
(b)Crimes against humanity;
(c)War crimes;
(d)The crime of aggression.
The Court shall exercise jurisdiction over the crime of aggression once a provisionis adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of theCharter of the United Nations.
Source: Wikipedia; International Criminal Court (ICC)
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