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As resulting from the
conference titled: The International Criminal Court: Some Debates
and Suggestions, attended by a range of international a and Arab Legal and
Diplomatic figures, in a addition to a number of Human Rights activists,
the attendees put forth and endorsed the following recommendations
addressed to the Arab governments—in particular the Egyptian government—in
addition to a number of recommendations to the international community
concerning the ICC.
Recognizing the importance of
the International Criminal Court as a tool to combat impunity throughout
the world and acknowledging that an effective court require wide
ratification, proper financing, and independence in its
functioning.
1)
On Ratification and International Representation:
A) The Position of
Arab Countries towards the ICC:
i) This conference
recommends that all Arab states become parties to the Rome Statute in
order to contribute to the adequate representations of all principal legal
systems in the ICC and an equitable geographic representation in the
Assembly of States Parties. In this regard, we calls upon particularly the
Egyptian government to ratify the ICC statute as a leading country that
will affect the Arab countries attitude towards the ICC.
ii) This conference calls
upon all Arab governments to ratify the Rome Statute as soon as possible.
The conference recognizes that some Arab governments will not be able to
ratify the Rome Statute before it enters into force and before the ICC
Assembly of State Parties commences its work establishing the court.
The conference strongly affirms the principle of complementarily in the
Rome Statute and the need for national legal systems to remain primarily
responsible for prosecuting crimes against humanity. However, the
conference calls upon all Arab states to Express support for the
ICC.
iii) This conference
calls upon Arab nations to proceed to adopt national legislation that will
allow Arab nations to adjudicate and enforce international humanitarian
law at the national level and, where appropriate, to cooperate with the
ICC even before the completion of ratification. This will allow
nations also to complement and harmonize lacunae in and between the Rome
Statute and national legal principles and policies.
B) About the EU and the
ICC:
This conference calls upon the
countries of the European Union, given their valuable commitment in the
process of the formation of the ICC, to continue their efforts in
promoting the widest ratification and implementation of the Rome Statute
in all regions of the world.
C) About the USA and the ICC:
This Conference recognizes that
the USA’s position
towards the ICC is a negative, and incompatible with the advancement of
the International Justice. This position weakens the goal of universality
of the treaty. The USA renunciation of its signing the treaty threatens to
cause numerous other states to do the same.
2) On the ICC Budget and
the Financing of the ICC:
A) This conference calls
on state members to the ASP and other states to donate funds to the Trust
Fund for the Establishment of the ICC
B) This conference calls
on member states of the ASP to adopt a sufficient budget to finance the
establishment and all of the necessary functions of the Court.
C) This conference calls on
state members to the ASP to pay their assessed contributions
promptly.
D) This conference calls
on state members to the ASP, international organizations, NGO’s and
individuals to donate funds to the Trust Fund for Victims.
E) This conference calls
on the ASP to guarantee the independence of the Prosecutor in the
budgetary and administrative process.
3) On
the ICC Institutions and the Diversity of International Representation
Therein:
A) This conference calls on the
state members to the ASP to establish an independent secretariat of the
ASP as soon as possible
B) This conference calls on
judges of the Court to adopt a code of conduct.
C) This conference calls
upon member states to the ASP to guarantee diverse representation in their
selection of judges in accordance with Article 36, Paragraph 8(a), which
stipulates that selection of judges shall take into account the
following:
the representation of the
principal legal systems of the world;
equitable geographical
representations; and
a fair representation of female
and male judges.
D) This conference calls on the
Prosecutor and the Registrar to guarantee diverse international
representation in their selection of staff, taking into
account:
the representation of the
principal legal systems of the world;
equitable geographical
representations; and
a fair representation of female
and male personnel.
4) On
the International Criminal Bar and Defense before the
ICC:
A) This conference
recommends that the Independent Bars and non-governmental organizations of
Arab Nations be encouraged to attend the Montreal Conference on the
Creation of the International Criminal Bar for the ICC, 13-15 June 2002,
with a mandate to promote the creation of an International Criminal
Bar.
B) This conference recommends
that the Budget of the ICC include adequate funding for defense counsel
and defense investigatory services.
C) This conference supports the
creation of an Office of the Defense in the Registry, in order to promote
the independence of the Defense and the Legal Profession.
D) This conference
supports the independence of the legal profession in the ICC for
representatives both of the accused and of the victims.
5)
On the Crime of Aggression:
A) This conference is
convinced that aggression is the progenitor of all the other most serious
crimes of international concern.
B) This conference notes the
need to punish individuals who mastermind the planning and commission of
aggression as an effective deterrent against the continued commission of
the crime.
C) This conference
welcomes the fact that aggression was included among the crimes within the
jurisdiction of the ICC, even though it has not yet been
defined.
D) This conference urges
the States Parties to the ICC Statute to reach, at the earliest time
possible, a consensus on the definition of the crime of aggression and the
conditions for the Court’s exercise of jurisdiction over
it.
E) This conference
nevertheless cautions that such consensus must not undermine the integrity
of the Court as an independent, effective and credible judicial
body.
F) This conference
further cautions that although it recognized that the Security Council has
a role to play in the prosecution of the crime of aggression, the Council
must not be allowed to hold the Court hostage.
6) On
Ending Impunity :
A) This conference
recommends that the ICC ensure that victims’ rights are protected at the
Court and that they can participate in safety and dignity.
B) This conference notes the
need for the continued pressure for domestic measures to combat impunity,
such as investigation and prosecution of alleged perpetrators of serious
crimes.
C) This conference
recommends the development and strengthening of the capacity to use the
principal of universal jurisdiction to ensure that there are no safe
havens for criminals and that no perpetrators escape justice.
D) This conference urges
the States Parties to the ICC Statute to step up efforts to improve the
rate of ratification of the ICC Statute in all regions that are currently
underrepresented, particularly the Arab states, to ensure that the court
fully reflects the widest possible diversity of legal traditions and
cultures, and is truly international.
E) This conference
further urges that States Parties to the ICC Statute develop effective
laws to cooperate with the Court, which facilitate surrenders to the court
and enable the tracing, freezing and seizing of assets of those who are
destined for the Court.
7) On the
Role of Non-Governmental Organizations (NGO’s) in the
ICC:
A) This conference calls
upon the international community and international NGO’s to continue their
strong support for the Rome Statute.
B) This conference
reaffirms the important role of civil society NGO’s around the world and
endorses the continuation of the transnational NGO Coalition of the
International Criminal Court.
C) This conference calls
upon all states to support the consultative and, as appropriate, the
observer status of NGOs and the CICC in the Assembly of State Parties as
reflected in the Preparatory Commission report on Rules of Procedure for
the Association of States Parties (ASP).
D) This conference confirms the
important role NGO’s must assume for ensuring the effective establishment
of the ICC and in referring information on serious violations of
international humanitarian law to the ICC.
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