UNITED NATIONS, June 30: Following is a list of the 73 countries that have so far ratified the new International Criminal Court, the first permanent world tribunal set up to prosecute individuals for war crimes, genocide and other gross human right violations.
The court officially comes into being on July 1, although it is not expected to have courtrooms, judges or a prosecutor in place at its headquarters in The Hague, Netherlands, until early in 2003.
The treaty creating the court took effect on April 11, when the number of ratifications surpassed the minimum of 60 set in the treaty.
Here are the countries:
Andorra, Antigua and Barbados, Argentina, Austria, Belgium, Belize, Benin, Bolivia, Bosnia, Botswana, Brazil, Britain, Bulgaria, Cambodia, Canada, Central African Republic, Costa Rica, Croatia, Cyprus, Denmark, Democratic Republic of the Congo, Dominica, Ecuador, Estonia, Fiji, Finland, France, Gabon, Gambia and Germany.
Also Ghana, Greece, Hungary, Iceland, Ireland, Italy, Jordan, Lesotho, Liechtenstein, Luxembourg, Macedonia, Mali, Marshall Islands, Mauritius, Mongolia, Namibia, Nauru, Netherlands, New Zealand, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Poland, Portugal, San Marino, Romania, Senegal, Sierra Leone, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tajikistan, Trinidad and Tobago, Uganda, Uruguay, Venezuela and Yugoslavia.
FAQ: Following are answers to frequently asked questions about the new International Criminal Court (ICC), which comes into force on Monday.
Q: Why is there a new court?
A: A permanent global criminal court has been called the missing link in the international legal system since the Nazi war crimes trials at the end of World War Two. The tribunal is to prosecute individuals for the world’s most heinous crimes.
Q: What crimes will the ICC handle?
A: The new court will deal with genocide, war crimes, crimes against humanity and — eventually — aggression, although agreement has not yet been reached on how aggression is defined. Crimes against humanity include systematic murder or torture, rape and sexual slavery. Crimes committed before July 1, 2002 cannot be prosecuted.
Q: When will it be established?
A: The 1998 Rome treaty setting up the court goes into force on July 1. Judges are to be elected in January 2003 and the court is expected to open its doors for operation in February 2003 in The Hague, Netherlands.
Q: Are there other courts?
A: Yes. The International Court of Justice, the UN’s principal judicial organ, known as the World Court, deals only with disputes between nations and not individuals. Temporary tribunals have been set up by the UN Security Council to try individuals for war crimes in the former Yugoslavia and the 1994 genocide in Rwanda. But the new court is a permanent global tribunal and would eliminate the need for future ad hoc courts.
Q: How are judges and prosecutors chosen?
A: The court will have 18 judges elected from nations who ratify the treaty for one nine-year term. No two judges can be represent the same country. Member nations of the ICC will elect an independent prosecutor for a nine-year term.
Q: What is the court’s jurisdiction?
A: The ICC will not supersede national legal systems and will intercede only when national courts are unable to investigate or prosecute serious crimes. The UN Security Council can refer cases as can the court’s prosecutor after approval from a three-judge panel. Nations that have ratified the treaty can turn their own citizens over to the court as well as people from other countries who have committed a crime on their soil.
Q: Who can be tried?
A: Anyone from heads of state who knew, ordered or condoned a crime, to average citizens, who cannot say they were acting under orders.
Q: Can the court try Americans?
A: Yes, in the unlikely case that the United States does not investigate or prosecute a serious crime, like mass murder.
Q: Why is Washington opposed to the court?
A: Democrats and Republicans want air-tight guarantees against prosecution of Americans. They fear that the United States’ superpower status and huge international presence would make it a prominent target, leaving officials and soldiers on duty abroad vulnerable to frivolous or ideologically motivated prosecutions. President Bill Clinton signed the treaty but the Bush administration later renounced it. Congress is weighing legislation banning all US cooperation with the court.
Q: Will the new court have any cases?
A: With retroactivity excluded, serious cases are expected to be rare at first. Defenders of the court believe that even if it has no cases, the very existence of the tribunal would serve as a deterrent. Analysts speculate the first cases could come from the Democratic Republic of Congo, Cambodia or Uganda, all of which have ratified the treaty.—Reuters