Coalition for the International Criminal Court
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International Criminal Court Must Remain in Final UN Reform Document

(New York, 9 September 2005) ? The Coalition for the International Criminal Court (CICC) ? a global network of more than 2,000 non-governmental and civil society organizations that support a fair, effective and independent International Criminal Court (ICC) ? calls on UN Member States currently in the final round of negotiations on the General Assembly President?s Draft Negotiating Document on UN Reform to ensure that key language relating to the ICC remain in the final UN Reform document.

Currently, the text under the ?Impunity? section [Paragraph126] of the Negotiating Document states:

?Recognizing that justice is a vital component of the rule of law, we commit ourselves to ending impunity for the most serious crimes of concern to the international community, such as crimes of genocide, crimes against humanity and war crimes, by cooperating with the International Criminal Court, the existing ad hoc and mixed criminal tribunals and other mechanisms for international justice, in accordance with international obligations undertaken by States? effective bilateral judicial cooperation, and the strengthening of national legal systems.?

This version of Paragraph 126 seems to have almost unanimous support amongst General Assembly member states ? including the European Union, CARICOM, and other major US allies such as Canada, New Zealand and Australia. However, two alternative versions have been put forward. One proposal, while reducing the emphasis on international judicial institutions, does acknowledge the important responsibilities of national judicial systems and maintains language on the ICC. However, the proposal submitted by the US deletes all mention of the ICC and international justice mechanisms, disregarding major advancements in international law over the past five decades.

Speaking on behalf of the global coalition, CICC Program Director Tanya Karanasios said, ?The Coalition for the International Criminal Court believes that the new language proposed by the United States is not acceptable and represents a retreat on the broad global support for international law and justice. We hope that the Assembly will stay strong and stick with the original text of Paragraph 126, which recognizes the all-important role that the International Criminal Court, the ad hoc tribunals and national judicial systems play in combating impunity for the world?s worst atrocities.?

Since the UN?s Millennium Declaration ? which includes specific mention of the International Criminal Court ? over 140 nations have now either ratified or signed the ICC treaty, which entered into force in 2002. The Court is now fully operational and is investigating three current cases, including the situation in Darfur on the basis of a referral from the UN Security Council. In addition, the UN Secretary-General?s report ?In Larger Freedom? [March 2005] as well as the Report of the High-Level Panel on Threats, Challenges, and Change [December 2004] make particular mention of the important role of the International Criminal Court in securing a more peaceful and just world.

Expressing concerns on what appears to be the current US refusal to compromise, Yvonne Terlingen, Amnesty International?s Representative at the UN, said, ?In the same way that the US did not obstruct the historic Security Council referral of the situation in war-torn Darfur to the ICC in March, so too should they accept the fact that the majority of the world supports the ICC. The US should stand with its allies and support what most of the world sees as one of the most vital tools for justice in the 21st century.?