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Saturday, Dec 10, 2005

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International Criminal Court — a court of last resort

Staff Correspondent

NEW DELHI: President of the International Criminal Court (ICC) Judge Philippe Kirsch told a press conference organised by the ICC-India campaign here on Friday that the court was not a substitute for the jurisdiction of States, but a court of last resort.

He said the ICC was a court created to deal with the serious crimes of genocide and international war crimes.

Judge Kirsch said the ICC, set up under the Rome Statute in 2002, had received referrals from Uganda, the Republic of Congo, the Central African Republic and Sudan. The positive features included the ability of victims to appear in their own right before the court and not just as witnesses. The court provided comprehensive protection to victims and a system of reparation and compensation for their suffering.

To a question on the impact of the United States' refusal to submit to the jurisdiction of the ICC, Judge Kirsch said the absence of particulars States did not affect its functioning. However, in the long term it would be necessary to achieve broader acceptance.

Highlighting the positive features of the ICC statute, Usha Ramanathan of the ICC-India campaign said the court did not compromise on standards of fair trial. In India there was no concept of mass crimes or crimes against humanity.

Asked why India was reluctant to become a party to the ICC, Ms. Ramanathan said the Government wanted an opt-in clause as opposed to the inherent jurisdiction the court had. She said: "The Indian Government had also expressed reservations about the role of the Security Council in the ICC but in the final statute these powers have been watered down."

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