1. INTRODUCTION
"The establishment of the Court is still a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law."
Kofi Annan, the seventh Secretary-General of the United Nations, 18 July 1998 at the signing of the Rome Statute of the International Criminal Court in Rome.
A few months before Timor-Leste's accession to the Rome Statute of the International Criminal Court (thereafter called the Rome Statute) on 6 September 2002, Peace Laureate José Ramos-Horta, today's Timor-Leste President, praised the role of the International Criminal Court (ICC), qualifying the new institution of "the sharpest expression of developments in international humanitarian and human rights laws". He further added:
"It is crucial not only for East Timor to ratify this treaty at this time in history but for countries in Asia and elsewhere in the world that have witnessed and experienced first hand the atrocities committed by those in power and those who hold guns and use them against innocent civilians, most of whom are women and children... There is a need to prevent violence and allow the rule of law to take its due course in trying to bring to justice those responsible for such horrendous crimes... The ICC can be a rallying point for those who seek peace through the use of the rule of law."
Timor-Leste's accession to the Rome Statute constituted a significant step towards reaffirming the need to uphold the rule of law and condemning the most heinous crimes under international law, which occurred on a large scale in Timor-Leste during Indonesia's occupation. It stands in sharp contrast with the recent attitude of the Timorese government towards justice for past crimes against humanity and other serious human rights violations which occurred under Indonesian occupation between 1975 and 1999 and the prevailing culture of impunity.
As stated in the Preamble of the Rome Statute, the States Parties to this Statute, recognize "that such grave crimes [genocide, crimes against humanity and war crimes] threaten the peace, security and well-being of the world", affirm "that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation", are determined "to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes", and recall "that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes."