*
News Release Issued by the International Secretariat of Amnesty
International *
1 May 2001
EUR 12/002/2001
78/01
"Andorra's ratification of the Rome Statute is not only an important
national commitment to end impunity for the worst crimes known to humanity
but also marks a major milestone for the international community in
the establishment of the Court" Amnesty International said today.
On 30 April Andorra became the 30th country to ratify the Rome Statute
of the International Criminal Court, bringing the international community
to the important halfway mark of ratifications required to establish
the Court.
There is overwhelming support within the international community for
the Court. By the deadline for signatures on 31 December 2000, 139 states
had signed the Statute.
Amnesty International calls upon all those states that have signed the
Rome Statute to make ratification a national priority so that the 60th
ratification is reached and the Court can be established as soon as
possible.
The Court will prosecute individuals accused of crimes including genocide,
crimes against humanity and war crimes committed both in international
and non-international conflicts.
"In the past, perpetrators of these crimes have acted in the knowledge
that they are unlikely to be held accountable for their actions and
victims have been denied their right to see justice done. The Court
is an important opportunity for the world to halt this trend." Amnesty
International said.
Andorra should now enact implementing legislation consistent with Amnesty
International's Checklist for effective implementation (AI Index: IOR
40/11/00), to ensure that it can cooperate effectively with the Court.
In particular, Andorra should enact or amend its national laws to ensure
that its national courts can prosecute people accused of committing
these
crimes regardless of where the crime was committed, the nationality
of the accused or the victim.
"By ensuring that its territory is not a safe haven for perpetrators
of these crimes, Andorra would set an important example for the world
to follow." added the organization.
Background
The Rome Statute was adopted on 17 July 1998 at the conclusion of a
diplomatic conference in Rome. One hundred and twenty of the 148 countries
present voted in favour of the Statute. Only seven countries voted against
it and 21 abstained. Many of those states which abstained or voted against
adoption have since signed the Statute. Sixty states must ratify the
Rome Statute before it enters into force.
Once it has been established, the Court will not be a substitute for
national courts. Indeed, as the Preamble of the Rome Statute makes clear,
states have the primary responsibility to prosecute people accused of
these grave crimes in their national courts. The Court will act only
when the state with custody of an accused is unable or unwilling to
investigate and prosecute the case. The very existence of the Court
will act as a catalyst to inspire national legal systems to fulfil their
duties and will act as a deterrent to such crimes.
Unless a situation is referred to the Court by the United Nations Security
Council, the Court will only have jurisdiction to prosecute people who
are nationals of a country that has ratified the Rome Statute or people
who have committed crimes in a country that has ratified it. Therefore,
if the Court is to be effective it is essential that as many countries
as possible ratify the Rome Statute.
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