[USFK Forums] Associate Press Report on the International Criminal Court

[C. Y. Lee]

[Uploaded by C. Y. Lee on Sunday, October 23, 2005] The definition of "Enforced disappearance of persons" as prescribed in the Rome Statute of the International Criminal Court is repeated hereunder together with a news article of Associated Press carried by the Korean Herald in its edition of July 3, 2002. I was thrilled at the new with a disappointment reading: "The court can try only cases that involves acts that occur from Monday, July 1, 2002, onward." Notwithstanding, I have, however, continued to search the full text of ICC rules and arrived at a conclusion on July 8, 2002 that North Korea is prosecutable for reasons stated earlier. My position was supported by Prof. Tetsuzo Nakano as his contribution was carried by Japan's Asahi Shinbum in its edition of December 16, 2002.
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ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT (17July 1998),

in its Paragraph 2( i ), Article 7 (Crimes against humanity), defines

“Enforced disappearance of persons” means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with intention of removing them from the protection of the law for a prolonged period of time.
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International Criminal Court

The Korea Herald, Wednesday, July 3, 2002

Over 100 nations hail birth of war crimes tribunal,

vowing U.S. will not sabotage it

UNITED NATIONS (AP) More than 100 nations hailed the birth of the world’s first International Criminal Court on Monday (July 1, 2002) as a landmark for global justice, vowing that its mission to prosecute and deter future war criminals will not be sabotaged by U.S. opposition.

The new court’s main targets are the future Pol Pots and Adolph Hitlers of the world. It will prosecute those responsible for genocide, crimes against humanity and war criminals on and after July 1 – but the United States fears the court could go after Americans in frivolous political prosecutions.

At the start of the final two-week meeting of the commission that has been preparing for the court’s operation, speakers from around the world hailed the historic entry into force of the 1998 Rome treaty establishing the court, calling it the greatest advance in international law since the Nuremberg and Tokyo trials for World War II’s German and Japanese war criminals.

“The past century witnessed the worst crimes in the history of mankind,” said Denmark’s U.N. Ambassador Ellen Margrethe Loj, speaking on behalf of the European Union, whose 15 members have all ratified the treaty.

“Yet, few perpetrators have been brought to justice. Let us together establish a credible, fair and effective International Criminal Court which will serve as a deterrent – as a signal that impunity will no longer be tolerated.” she said.

The Rome treaty received its 75th ratification Monday (July 1, 2002) morning from Australia. It has 139 signatures – including the United States.

Former U.S. President Bill Clinton signed the treaty, but the Bush administration announced in May it wants nothing to do with the court, and the Monday’s meeting, the U.S. seat was empty.

Standing alone, and against it closest allies, the United States is demanding immunity from the court for American peacekeepers – and is threatening to end the 1,500-strong U.N. police training mission in Bosnia at midnight Wednesday if it doen't get it.

The United States has also warned that all U.N. peacekeeping is at state, which could have serious ramifications from the Middle East to Africa, Cyprus and Afghanistan. The mandates for four U.N. peacekeeping missions expires this month – Lebanon, Georgia, Western Sahara and the enclave of Prevlaka in Croatia.

To emphasize its demand, the United States dramatically vetoed a Security Council resolution Sunday night to extend the Bosnian police mission as well as authorization for the 18,000-strong NATO-led force in the country.

But two hours later Washington agreed to a 72-hour extension to give more time for talks – and for preparations to shut down the mission if necessary.

U.N. Secretary-General Kofi Annan, concerned at the threat to U.N. peacekeeping, urged all parties at the highest levels to try to find a solution before the Bosnian mandate expires.
“We are very concerned about what will happen in Bosnia if the mission has to be abruptly terminated,” U.N. spokesman Fred Eckhard said. “It is hard to imagine that the mission would not be substantially damaged if it had to be shut down at midnight Wednesday.”

NATO said its Bosnian force operates under the 1995 Dayton peace agreement that ended the country’s 3 1/2 year war and will not be affected.

Diplomats said contacts were taking place between capitals, but no movement was reported between the United States and the 14 other council members who overwhelmingly support the court and contend that immunity would undermine its operation as well as international law.

The Security Council was scheduled to meet Tuesday to discuss the Bosnia mandate and the U.S. demand.

What is the International Criminal Court,

And why does the United States oppose it?

Q & A

WASHINGTON (AP)

The United States is challenging the creation of an international war crimes court and threatening to pull out of U.N. peacekeeping forces in Bosnia and elsewhere unless Americans are given immunity from prosecution.

The conflict has been building for months as President George W. Bush’s desire to protect Americans from possible bogus claims clashed with an international drive to punish people responsible for crimes against humanity. Some questions and answers:

Q: What is this court?

A: As of now, it’s a four-member team with phone and fax machine at offices in the Netherlands. The court opened for business Monday (July 1, 2002) under a 1998 treaty ratified by 75 countries.

It is the first general international criminal court created to try individuals. Other courts have been created for specific conflicts, such as World War II and the ethnic warfare in the former Yugoslavia and Rwanda.

The countries invalid will elect the court’s 18 judges, as well as a lead prosecutor and deputy prosecutors. They should in place early next year.

Q: What crimes are prosecuted by the court, and

what penalties can give?

A: The court will try cases of alleged genocides, war crimes or crimes against humanity. Genocide is defined as organized attempts to wide out a specific ethnic, religious or national group.

War crimes and crimes against humanity include systematic attacks on civilians; most uses of chemical , biological or nuclear weapons; and violations of Geneva Conventions on the conduct of war, such as torturing prisoners.

The court can try only cases that involve acts

that occur from Monday (July 1, 2002) onward.

Those found guilty could be sentenced to up to 30 years in prison or in extreme cases, to life in prison.

Q: Who could be charged?

A: The court claims jurisdiction over any acts committed on the territory of ratifying nations.
Bosnia among them, or by citizens of those nations. Citizens of countries which have not ratified the treaty could be charged for acts that happened in a ratifying country.

(more but omitted)