No official capacity or provision of national law shall provide immunity from prosecution or arrest and be in defiance of the obligation to bring to justice Heads of States and other most senior officials for genocide, crimes against humanity, war crimes and the crime of aggression before the ICC.Ms. Petra Bayr, MP (Austria), PGA Treasurer and Board Member
This Tuesday, July 17th PGA co-sponsored a high-level ministerial event at the United Nations to celebrate the 20th anniversary of the Rome Statute, International Justice Day, and the entry into force of the Court’s jurisdiction over the crime of aggression. The interactive panel discussion offered a platform for more than 30 States Parties, and various international partners, to publicly express their support for the Rome Statute system in today’s world. This commemoration was organized by the Permanent Mission of Liechtenstein to the UN, in collaboration with the Permanent Missions of Argentina, Austria, Belgium, Costa Rica, Cyprus, The Gambia, the Netherlands, the Republic of Korea, Senegal, Slovakia, Slovenia, the State of Palestine, Switzerland, Uruguay, and the Coalition for the ICC. PGA Board Member Ms. Petra Bayr, MP (Austria) participated in the event.
The discussion was opened by H.E. Mr. Miroslav Lajčàk, President of the UN General Assembly, who spoke of the important role of the court and the rule of law in supporting multilateralism and bringing justice for the men, women and children that have suffered at the hands of war criminals, adding that the Rome Statute was agreed upon by states, but created for people. He also highlighted that conflict prevention is not an option but a necessity if human rights and sustainable development are to be advanced, urging those present to prevent conflict in order to prevent future atrocities.
Mr. Lajčàk was followed by H.E. Ms. Aurelia Frick, Minister of Foreign Affairs of Liechtenstein, who hailed the Rome Statute as a unique triumph of multilateral diplomacy and belief in international law. She warned that the fight for the ICC is a fight for the rule of law in a broader sense, especially given the current state of multilateral diplomacy and the lack of cooperation with the court from some countries. She finished by praising the role of inspiring personalities in strengthening institutions, making special reference to Benjamin Ferencz, former Nuremberg War Crimes Prosecutor and member of the panel.
H.E. Ms. Yoka Brandt, Vice-Minister of Foreign Affairs of the Netherlands, underlined her country’s commitment to upholding its obligations as a State Party to the Rome Statute and called upon states that have not yet joined to do so. This call was echoed by Mr. William Pace, Convenor of the Coalition for the International Criminal Court, who stated that the ICC cannot work effectively without proper funding, the support of states and organizations, and continued progress in implementing complementarity.
Mr. James Stewart, Deputy Prosecutor of the ICC, explained that the Court is significantly involved in a number of different situations, citing its recent work on transitional justice in Colombia. He used the example to underline the importance of justice in the creation of peace. Mr. Stewart called on States Parties to provide substantial support to the Court to allow it to continue to deliver justice independently and to fight attempts to undermine its work around the world. Mr. Bruno Stagno Ugarte, Deputy Executive Director of Human Rights Watch, concurred on the need to protect the Court’s independence and lamented the lack of resources at the Court’s disposal. He also echoed Ms. Frick by stressing the necessity of the International Criminal Court in the current international political climate.
Once the panel had spoken, the floor was opened up to delegates. Notable interventions came from the delegates from Andorra, who underlined the crucial protective role an International Court with jurisdiction to prosecute crimes of aggression plays for small countries with no military; Germany, who reminded those gathered of the continuing impunity surrounding the downing of the Malaysian Airlines flight MH17; Spain, who gave an update on their ratification of the Amendment to article 124 of the Rome Statute, which is due by the end of 2018; and New Zealand and Denmark, who shared news of their countries’ pledges to the ICC’s Trust Fund for Victims. Many other delegates welcomed the activation of the Court’s jurisdiction over the crime of aggression and reiterated the need to strengthen justice, combat impunity and uphold the rule of law.
Ms. Petra Bayr, praised the entry into force of jurisdiction over the crime of aggression as a historical landmark that restores “unity and coherence” to the list of the most serious crimes of concern to the ICC. She reaffirmed the principle of equality of all before the law while urging states to cooperate with the ICC by enforcing arrest warrants. She closed by calling on the States that have not ratified the Rome Statute to do so, and on those that have ratified the treaty to achieve full implementation of the Rome Statute in their domestic legal orders and to ratify all amendments to the Rome Statute, including the Kampala Amendments and the Belgian Amendment. She closed by noting:
The world is facing many challenges: political, economic, societal, but it is time to say enough! It is time for States to take their responsibilities. We cannot continue to speak about justice, accountability, human rights, peace without actively taking steps to achieve them.
The event was closed by Mr. Benjamin Ferencz, who at age 99 joined the event to share that the ICC was here to stay precisely because those most likely to commit aggression will not accept it. He made the case for more common sense and better communication with the public from the Court, stating that a new conception of humanity cannot be built until the world has been convinced that money should be spent on eliminating the causes of discontent rather than making weapons. Finally, he acknowledged the difficulties the ICC has faced up until now before praising the tremendous progress that has also been made.
