The FIDH and the International Criminal
Court (ICC)
Since 1998, following negotiations in
Rome on the Statute for the International Criminal Court, the International
Federation forHuman Rights (FIDH) has worked for the implementation of
an independent and impartial ICC to protect the rights of victims.Throughout
the process of implementation, FIDH has worked to defend these principles.
Today, FIDH focuses on transforming the ICC into an effective tool to be used in the struggle against impunity for the gravest crimes committed in violation of international law.
The FIDH ICC Program
The FIDH program devoted to the International Criminal Court - "The struggle against impunity and the promotion of international justice" - has one primary global objective: to train and reinforce the capacity of national human rights NGOs to act in defense of human rights. The realization of this objective would permit these organizations to promote and in fine to utilize the mechanisms currently available in the struggle against impunity of those who commit the most serious crimes against human rights---- one of the most important of such mechanisms being the ICC. This program benefits from the support of the European Commission (European Initiative for Democracy and Human Rights).
FIDH, in the context of the campaign for universal ratification of the Statute of the ICC, has chosen to focus its action on countries in Asia, North Africa, and the Middle East, regions in which very few states have ratified the Statute. Thus, in close collaboration with NGOs in the concerned countries, FIDH organizes international missions and other activities in the field including the organization of roundtables, in support of its objectives.
SOAT - Sudan Organisation Against Torture
SOAT is an independent non-governmental human rights organisation established in 1993 working in Sudan and UK and has members worldwide. SOAT's primary objective is preventing torture and challenging impunity. SOAT works to rehabilitate Sudanese survivors of torture; provides legal assistance to survivors and individuals threatened with inhumane and degrading punishments; provides human rights education; researches, documents and campaigns against human rights abuses in Sudan on a national and inter-national level.
FOREWORD
1. Historic overview
On 17 July 1998, 120 States overwhelmingly approved a Statute to establish a permanent and independent International Criminal Court (ICC). Four years later, on 11 April 2002, following the 60th ratification, the Rome Statute (RS) of the ICC entered into force. On 1 July 2002, the ICC became fully competent to try individuals for genocide, crimes against humanity and war crimes.
The "road to Rome" was a long and often contentious one. Efforts to create a global criminal court can be traced back to the early 19th century. The story began in 1872 with Gustav Moynier - one of the founders of the International Committee of the Red Cross - who proposed a permanent court in response to the crimes of the Franco-Prussian War.
Following World War II, the Allies set up the Nuremberg and Tokyo tribunals to try Axis war criminals.
Because of the Cold war, 50 years passed before the world's leaders decided to put the ICC on their agenda again. Nonetheless, efforts were made in the 90's to develop a system of international criminal justice with the establishment by the UN Security Council of the ad hoc tribunals, the International Criminal Tribunal for Former Yugoslavia (ICTY) in 1993 and the International Criminal Tribunal for Rwanda (ICTR) in 1994, and the creation of hybrid tribunals, like the Special Tribunal for Sierra Leone, the Khmer Rouge Tribunal in Cambodia and the Tribunal for East Timor, applying a combination of international and national law.
2. The ICC is permanent and complementary to national justice
Permanent jurisdiction
Unlike the ad hoc tribunals, which have jurisdiction over core crimes committed in Former Yugoslavia from 1991 to 1993 and in Rwanda in 1994, and the hybrid tribunals, the ICC has jurisdiction with respect to crimes committed after the entry into force of the Rome Statute, that is after 1st of July 2002. This means that the ICC cannot try individuals for crimes committed before this date and thus has a non-retroactive jurisdiction.
Complementary jurisdiction
The ICC is complementary to national criminal jurisdictions and does not replace national courts. The Court will only investigate and prosecute if a State is unwilling or unable to genuinely prosecute (i.e. here there are unjustified delays in proceedings, as well as proceedings which are intended merely to shield persons from criminal responsibility).
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