[11/January/2004] Guide to the ICC
SANA'A, Jan. 11 (Saba)The priority of the Regional Intergovernmental Conference
on Democracy, Human Rights and the Role of the International Criminal
Court, will be the release of an announcement which will oblige new states
to join the signatories of Rome Declaration for Establishing the ICC.
The membership of new states will prevent the so-called punishment evasion
by international war criminals.
Lawyer Ashraf Mahmoud stated that the Court, to be established, would
consist of 18-judge three panels as the legal structure of the tribunal.
The judges and attorney generals would be elected from the
countries that approved the ICC constitution. The ICC role will be integral
but not intrusive into the role of the national courts.
By this, the International Justice Court differs from the International
Criminal Court, as the IJC is one of the UN's six
organs and authorized to judge disputes between states, while the ICC
authority is limited to judge crimes committed by individuals.
As for the crimes that would be under ICC competence, first Article of
the Court constitution stipulates that ICC competence would include the
most dangerous crimes, such as war crimes, provided that definitions of
such crimes accord with those applied by the Security Council.
Suits would be brought to the ICC either by a member-state, by the Security
Council, or by a decision made by the Court attorney general. ICC importance
lies in the fact that it would continuously prevent people from committing
such war crimes, particularly for the 50 past years which saw no new international
invention to litigate individuals, accused of committing such crimes,
but after they committed them.
ICC constitution defines war crimes as those being committed on account
of domestic conflicts, such as deliberate assaults of civilians or non-fighters
during a war, deliberate attacks on
buildings and medical equipment or units and transport means, plunder
of a country or place, sexual violation, coercion or enslavement.
The International Law Professor of the Quads University Dr. Nafe'e Al-Hassan
thinks that the Court establishment would come to effect by the emerging
of the first judicial staff whose competence would cover serious crimes
stipulated in the Geneva four treaties along with their attached protocols.
For the absence of such an organ formed a big breach that weakened those
treaties. Why Israel defies Court foundation
Israel is considered to be the most severe defying the establishment of
ICC, as it voted against ICC establishment treaty. The reason for Israel
was that war crimes were adjusted to include the acts taken by the occupying
country to move some of its civil residents into lands it occupies or
to depart some or all of the people residing occupied lands.
In this regard, it is necessary to point out that any unjustified delay
in returning war prisoners or civilians to their homes is considered to
be a war crime, referred to by ICC constitution.
In his comments on Rome Treaty, consultant of the Israeli Foreign Ministry
Alan Beaker declared that the Treaty is no longer an immunity for any
one, including settlers, prime minister and ministers. He added that if
this Court was established 50 years ago, we would approve that, for it
would provide protection for Jews from being unfairly treated, but today
they are subject to litigation.
The General Prosecutor of Israel Rachael stated that the Israeli opposition
to the Treaty would give no immunity for its citizens.
Israel, however, had approved Geneva Treaty of 1951 since it found that
Palestinians were going not to benefit from advantages of the International
Law in terms of protecting refugees.
The more maximized benefit for Palestinian People of this Organization,
therefore, the more aggression and opposition by Israel.