Statement on the International Criminal Court

INTER-AGENCY STANDING COMMITTEE


Food and Agriculture Organization
Office for the Coordination of Humanitarian Affairs
United Nations Children’s Fund
United Nations Development Programme
United Nations High Commissioner for Refugees
World Food Programme
World Health Organization

Standing Invitees:

International Committee of the Red Cross
International Federation of Red Cross and Red Crescent Societies
International Organization for Migration
Interaction
International Council on Voluntary Agencies
Office of the High Commissioner for Human Rights
Representative of the Secretary-General on Internally Displaced Persons
Steering Committee for Humanitarian Response
World Bank


Statement on the International Criminal Court

31 May 1999

The IASC welcomes the signing of the Rome Statute of the International Criminal Court (ICC) by a total of 82 States thus far, and particularly commends those States that have already ratified the Statute. It notes, however, that the ICC will only become operational upon entry into force of the Rome Statute, which requires ratification by 60 States.

The IASC encourages all States to sign and ratify the Statute as soon as possible. Recent atrocities committed in a number of places have again illustrated the urgent need for an effective and independent international court, in order to bring to justice and hold accountable those responsible for serious violations of international humanitarian and human rights law.

The IASC recalls that the ICC is intended to complement national criminal justice systems. The IASC thus reminds all States of their primary responsibility to bring to justice those responsible for serious violations of international humanitarian and human rights law.

The IASC welcomes the fact that the ICC will also have jurisdiction over serious crimes committed in the context of armed conflicts not of an international character, which is the prevailing nature of conflicts today. Since the Statute requires that the State on the territory of which the conduct in question occurred or the State of nationality of the accused be a party to the Statute, the IASC urges all States to ratify the ICC Statute, in order to ensure the future effectiveness and authority of the Court. This includes the Court's jurisdiction over war crimes.

The IASC calls on all States taking part in the ICC Preparatory Commission process, to safeguard the integrity of the Statute in its present form and to build upon the results achieved in Rome. In particular, any attempt to further narrow the Court's jurisdictional regime could upset the fine balance of legal and political considerations reflected in the ICC Statute. Such amendments would irreparably damage the ICC's goal of establishing an equal regime of jurisdiction throughout the world.

The IASC is following closely the negotiations on the ICC's Rules of Procedure and Evidence and on the elaboration of elements of crime for the three core crimes of genocide, crimes against humanity and war crimes. States are urged to ensure the conformity of these elements with established international humanitarian and human rights law. In addition, States should ensure that the provisions resulting from these negotiations do not unduly limit the Court's discretion in interpreting the provisions of the Rome Statute.

The IASC emphasizes the need to ensure the interest of victims in criminal proceedings before the ICC and the existence of a viable and comprehensive witness protection regime, and hence urges the adoption of appropriate and vigorous procedures for the protection of victims and witnesses.

The IASC recalls that the effectiveness and independence of the Court will depend upon its financial stability and logistical support. States are thus urged to ensure that the ICC is provided with sufficient personnel and financial and material resources to make it effective from the outset.

The IASC welcomes the recognition by the ICC Statute that attacks on humanitarian personnel constitute war crimes and urges all States to uphold this tenet.

The IASC calls on all States to live up to their responsibility to protect civilian populations, which have increasingly become targets in present day conflicts, and to ensure the full implementation of the Rome Statute of the ICC.