Australian Lawyers for Human Rights
Australian Lawyers for Human Rights

17 June 2002

Australian Lawyers for Human Rights - International Criminal Court

Honourable Members,
Federal Government Liberal/National Parties Coalition

On 1 July 2002, the Rome Statute of the International Criminal Court (ICC)will enter into force. The ICC will be the first permanent court capable of investigating and bringing to justice individuals who commit the most serious violations of international humanitarian law, namely war crimes, crimes against humanity, genocide, and once defined, crimes of aggression.

The Rome Statute was adopted by a vote of 120 to 7, with 21 abstentions. Australia voted for the Statute. Australia played a leading strategic role in the negotiations for the Statute, chairing the group of likeminded states. Australia is well placed to continue to play a leading role in the ICC's future. China, Libya and Iraq were among the 7 who voted against the Statute.

Some key points about the ICC:

  • The ICC will be complementary to the jurisdiction of the Australian courts. It will not and cannot undermine the sovereignty of the member states.
  • The ICC will act only when Australia is unable or unwilling to carry out investigations or prosecutions of such crimes. The proposed legislation to give effect to the ICC in Australian law will provide the Director of Public Prosecutions and Australian judges with all the means to prosecute Australians in Australia for crimes alleged to have been committed in Australia and overseas.
  • The ICC's jurisdiction is not retroactive; it will only apply to crimes committed after 1 July 2002.

If Australia does not ratify the ICC State, the ICC may still prosecute an Australian citizen if the country where the alleged crimes occurred is a State Party or the UN Security Council refers the case to the ICC, and where Australian has taken no action to prosecute the alleged perpetrator of international crimes.

Australia's interests are best served if Australia is involved in the development of the ICC by being able to determine who will serve as judges, Prosector, and Registrar, and to determine the rules of procedure for the Court. If Australia does not ratify by 1 July 2002, it will lose this important opportunity to participate in the development of the ICC. ALHR commends you to support the ratification of the ICC before 1 July 2002.

For further information see http://www.iccnow.org/ or contact Australian Lawyers for Human Rights Inc.

Yours sincerely,

 

Simon Rice
President
Australian Lawyers for Human Rights

back to top

This page last updated 4th May 2004