Relevance of the ICC to Other
Campaigns
by Jody Williams
International Criminal Court
MONITOR, September 2002
The International Campaign to Ban Landmines
(ICBL) and the NGO Coalition for the International Criminal Court
(CICC) are examples of the increasing strength of global grassroots
movements to promote peace, human rights protection and the rule
of law by seeking effective cooperation at the international level.
Both campaigns are structured around a diverse global network
of non-governmental organizations (NGOs) whose collaboration with
governments and the UN has resulted in strong international consensus
on important human security issues.
Many interrelated problems contributed
to the proliferation of landmines: the trafficking of light weapons
and small arms, religious and ethnic conflicts, social and economic
disparities, and, in particular, the dozens of internal conflicts
carried out in the context of the Cold War, to name a few. As
has been clearly demonstrated through the successes of the ICBL,
the complexity and transnational effect of such problems necessitate
strong domestic and international solutions. As the terrorist
attacks of September 11th and their aftermath have reminded us,
the security of the entire world is threatened when one troubled
region of the world is ignored for too long.
In our experience with the ICBL, we have
repeatedly had to deal with the links between the landmine problem
and the conditions which have resulted in their use. How can the
problem of landmines, or of any of the myriad threats that confront
human security today, be effectively addressed without examining
their root causes? While the issue of landmines is directly addressed
in the Antipersonnel Mine Ban Treaty, issues of direct relevance
to anti-landmine advocates are also incorporated in the ICC. For
instance, intentionally directing an attack against a civilian
population or nonmilitary target is a war crime under the Rome
Statute, and the vast majority of land-mine victims are civilians
(including children). Given the frequent link between the aggravation
of conflicts and the escalation of land-mine use, attempts to
prevent and resolve conflicts using the ICC could have positive
implications in reducing the number of mines incidents.
Likewise the creation of the ICC is of
tremendous relevance to those working on a wide variety of issues,
and it is important for these groups to better acquaint themselves
with the ICC and take advantage of the more than 1,000 member
strong NGO Coalition for the ICC. If you or your organization
is interested in any of the following issues, the ICC is also
of importance to you.
Biological/Chemical Warfare and Attacks
on the Environment and Public Health: Weapons of mass destruction
are enormous threats to global peace and security. Under the Rome
Statute, the use of poison, poisoned or asphyxiating gases is
a war crime. The intentional targeting of civilian populations
and the destruction of hospitals and places where the sick and
wounded are collected (provided these are not military targets)
are categorized as war crimes. Furthermore, intentionally launching
such an attack causing widespread, long-term and excessive damage
to the natural environment, with prior knowledge of the consequence,
is anticipated as a war crime.
Children and Child Soldiers: Children
are often the most vulnerable targets of violent crimes in times
of conflict and so-called peace. The Rome Statute prohibits the
conscription or enlistment of child soldiers under the age of
15, classifies the enslavement and trafficking of children as
crimes against humanity, and includes other crimes often committed
against children, such as rape, enforced prostitution and others
as crimes against humanity and war crimes. In addition, there
are procedural guarantees to protect children participating in
a case as victims or witnesses, and some members of the Court's
staff are required to have expertise in children's issues. Moreover,
children under the age of 18, regardless of the gravity of the
crimes they are accused of, are not subject to the ICC's jurisdiction.
Development - Economic and Social: Historically,
the international community's response to grave human rights violations
has been too slow, often after a nation's economic and social
structures have collapsed. This collapse further delays a country's
ability to reconstruct and re-enter global markets by offering
an attractive and politically stable climate for foreign investors.
The existence of the ICC will improve global security and potentially
prevent further destruction in conflict situations.
Faith: Persecution of a religious group
in connection with any crime under the jurisdiction of the Court,
when committed as part of a widespread or systematic attack against
a civilian population, with knowledge of the attack, is a crime
against humanity under the Rome Statute. In addition, many faith-based
groups support the concept of international justice and have recognized
the centrality of the ICC in a strengthened global system of international
justice.
Gender and Women: In conflict situations,
women are often disproportionately the victims of rape, torture,
enforced sexual slavery, forced pregnancies, enforced sterilizations
and other forms of sexual violence. These acts are considered
war crimes under the Rome Statute, and when committed as part
of a widespread or systematic attack (directed against any civilian
population, with knowledge of the attack), are considered crimes
against humanity even in the absence of conflict. The Rome Statute
furthermore incorporates unprecedented gender sensitivity as a
prerequisite for ICC staff and within the trial process, and set
out parameters to ensure gender balance among the Court's elected
officials.
Hunger and Food Aid: Under the Rome Statute,
any widespread or systematic attempt calculated to bring about
the destruction of part of a civilian population by attacking
access to food, the means of food production, or medicine, with
knowledge of the attack, is a crime against humanity. Improper
use of uniforms or flags of UN humanitarian workers, forced starvation
or targeting attacks against humanitarian assistance installations
are war crimes.
Minorities (Ethnic, Religious, Political
and other): According to the Rome Statute, persecution against
any identifiable group or collectivity on political, national,
ethnic, cultural, religious, gender, racial or other grounds impermissible
under international law, in connection with any crime within the
jurisdiction of the Court, constitutes a crime against humanity.
Likewise, acts of genocide, including attacks intended to destroy,
in whole or in part, a national, ethnic, racial or religious group
fall under the Court's jurisdiction; the practice of apartheid
also counts as a crime against humanity, if conducted with knowledge
and in a widespread or systematic manner.
Small Arms: The possibility of the ICC
deterring long-term conflicts and thereby reducing the demand
for small arms makes it of direct relevance to arms control advocates.
Torture, Victims and Survivors' Rights:
Torture, when committed as part of a widespread or systematic
attack directed against any civilian population, with knowledge
of the attack, is a crime against humanity under the Rome Statute.
The ICC furthermore considers certain kinds of torture as war
crimes. The Statute provides special procedural assurances to
prevent re-traumatization of victims, and allows alternatives
to protect the emotional welfare of victims The ICC also establishes
a Victims' Trust Fund to be used to provide reparations to victims
of crimes under the jurisdiction of the Court in their attempts
to reconstruct their lives.
In the past, the architects of genocide
campaigns have all too often escaped justice, while millions of
victims have been relegated to the footnotes of the bloody history
of human conflicts. The establishment of the ICC is a tremendous
achievement and a victory for peace in an increasingly unpredictable,
dangerous and conflict-ridden world. The close inter-relatedness
of a wide range of domestic and international problems necessitate
closer cooperation between civil society groups. As the ICBL and
ICC campaigns have shown, despite enormous hurdles and opposition,
cooperation between NGOs themselves, and between civil society
and governments could result in effective global solutions to
address these complex challenges to human security.
For more information on the ICC and links
to other campaigns, please email Joydeep Sengupta at: cicc6@iccnow.org
Jody Williams was the founding coordinator
of the International Campaign to Ban Landmines (ICBL), and now
serves as Campaign Ambassador for the ICBL.
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