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Andorra : 30th country to ratify the Rome Statute- Halfway
towards the International Criminal Court
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1 May 2001
"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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Amnesty
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