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NGOs
Welcome Canada's Ratification of
International Criminal Court Treaty
July 7, 2000
Members of the Canadian Network for an International Criminal Court
(CNICC) welcomed the ratification by Canada of the Rome Statute for
an International Criminal Court. Foreign Affairs Minister Axworthy is
scheduled to deposit the instruments of ratification at the United Nations
later today.
Canada's leadership has been instrumental in the establishment of the
ICC treaty. To date, 97 states have signed the ICC treaty. Canada becomes
the 14th state to ratify.
With the passage last month by Canada's Parliament of Bill C-19, the
Crimes Against Humanity and War Crimes Act, Canada becomes the first
state to "implement" the treaty, meaning that Canada not only
agrees to be bound by the treaty's terms, through ratification, but
also incorporates the necessary changes in domestic law. Bill C-19 enables
future Canadian cooperation with the Court and incorporates into Canadian
law the definitions of crimes in the Rome Statute. At the same time,
the Bill overcomes some of the impediments (arising from a Supreme Court
of Canada judgment in the Finta case) which have prevented prosecution
of war criminals in Canadian courts.
Members of the Canadian NGO Network contribute to an international campaign
for establishment of the ICC, led by the Coalition for an International
Criminal Court (CICC, based in New York). A Canadian ICC Implementation
Manual was launched last week in New York at an NGO-sponsored reception
during the June 13 to 30 meeting of the Preparatory Commission for an
ICC. The manual sets forth requirements for compliance with the Rome
Statute and is designed to assist states, particularly developing countries,
in ratifying and implementing the ICC treaty. It was prepared jointly
by Rights and Democracy (formerly called the International Centre for
Human Rights and Democratic Development, based in Montreal) and the
Vancouver-based International Centre for Criminal Law Reform and Criminal
Justice Policy.
Last month's fifth session of the PrepCom was the scheduled end of a
two-year process developing draft texts refining the Court's Rules of
Procedure and Evidence and further defining the crimes within the Court's
jurisdiction. A worrisome development - agreement to a U.S.-sponsored
proposal for a rule for Article 98 of the Rome Statute - has opened
the door to a possible weakening of the court's effectiveness and jurisdiction.
The U.S. proposal has two parts. Following agreement on the Article
98 rule, the U.S. will be seeking language in the ICC relationship agreement
with the UN, scheduled to be negotiated at a Preparatory Commission
meeting this November 29 to December 8.
Compliance with the ICC treaty poses challenges for states seeking to
become a party to the Statute. These include changes to domestic laws
on arrest and detention of suspects, laws enabling international cooperation
with the Court and the harmonizing of definitions of crimes (war crimes,
crimes against humanity and genocide) with those in the Statute.
Some states work within a legal framework which permits them to ratify
a treaty before passing the necessary implementing legislation. However,
in Canada's case the legislation tabled today is a necessary step toward
ratification. CNICC members are hopeful that the Canadian legislation,
once passed, can be a model for other states, contributing further to
the speedy establishment of the Court.
The Canadian NGO Network is part of an international campaign, led by
the Coalition for an International Criminal Court (CICC, based in New
York). The CICC includes over 800 member NGOs from all parts of the
world in a global campaign to establish the International Criminal Court
as soon as possible. Sixty ratifications are required for the Rome Statute
to take effect. To date, six states have ratified the treaty.
FOR MORE INFORMATION:
• Fergus Watt, CNICC Convenor (613) 232-0647
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