Relevance of the ICC to Other Campaigns

by Jody Williams

International Criminal Court MONITOR, September 2002

The International Campaign to Ban Landmines (ICBL) and the NGO Coalition for the International Criminal Court (CICC) are examples of the increasing strength of global grassroots movements to promote peace, human rights protection and the rule of law by seeking effective cooperation at the international level. Both campaigns are structured around a diverse global network of non-governmental organizations (NGOs) whose collaboration with governments and the UN has resulted in strong international consensus on important human security issues.

Many interrelated problems contributed to the proliferation of landmines: the trafficking of light weapons and small arms, religious and ethnic conflicts, social and economic disparities, and, in particular, the dozens of internal conflicts carried out in the context of the Cold War, to name a few. As has been clearly demonstrated through the successes of the ICBL, the complexity and transnational effect of such problems necessitate strong domestic and international solutions. As the terrorist attacks of September 11th and their aftermath have reminded us, the security of the entire world is threatened when one troubled region of the world is ignored for too long.

In our experience with the ICBL, we have repeatedly had to deal with the links between the landmine problem and the conditions which have resulted in their use. How can the problem of landmines, or of any of the myriad threats that confront human security today, be effectively addressed without examining their root causes? While the issue of landmines is directly addressed in the Antipersonnel Mine Ban Treaty, issues of direct relevance to anti-landmine advocates are also incorporated in the ICC. For instance, intentionally directing an attack against a civilian population or nonmilitary target is a war crime under the Rome Statute, and the vast majority of land-mine victims are civilians (including children). Given the frequent link between the aggravation of conflicts and the escalation of land-mine use, attempts to prevent and resolve conflicts using the ICC could have positive implications in reducing the number of mines incidents.

Likewise the creation of the ICC is of tremendous relevance to those working on a wide variety of issues, and it is important for these groups to better acquaint themselves with the ICC and take advantage of the more than 1,000 member strong NGO Coalition for the ICC. If you or your organization is interested in any of the following issues, the ICC is also of importance to you.

Biological/Chemical Warfare and Attacks on the Environment and Public Health: Weapons of mass destruction are enormous threats to global peace and security. Under the Rome Statute, the use of poison, poisoned or asphyxiating gases is a war crime. The intentional targeting of civilian populations and the destruction of hospitals and places where the sick and wounded are collected (provided these are not military targets) are categorized as war crimes. Furthermore, intentionally launching such an attack causing widespread, long-term and excessive damage to the natural environment, with prior knowledge of the consequence, is anticipated as a war crime.

Children and Child Soldiers: Children are often the most vulnerable targets of violent crimes in times of conflict and so-called peace. The Rome Statute prohibits the conscription or enlistment of child soldiers under the age of 15, classifies the enslavement and trafficking of children as crimes against humanity, and includes other crimes often committed against children, such as rape, enforced prostitution and others as crimes against humanity and war crimes. In addition, there are procedural guarantees to protect children participating in a case as victims or witnesses, and some members of the Court's staff are required to have expertise in children's issues. Moreover, children under the age of 18, regardless of the gravity of the crimes they are accused of, are not subject to the ICC's jurisdiction.

Development - Economic and Social: Historically, the international community's response to grave human rights violations has been too slow, often after a nation's economic and social structures have collapsed. This collapse further delays a country's ability to reconstruct and re-enter global markets by offering an attractive and politically stable climate for foreign investors. The existence of the ICC will improve global security and potentially prevent further destruction in conflict situations.

Faith: Persecution of a religious group in connection with any crime under the jurisdiction of the Court, when committed as part of a widespread or systematic attack against a civilian population, with knowledge of the attack, is a crime against humanity under the Rome Statute. In addition, many faith-based groups support the concept of international justice and have recognized the centrality of the ICC in a strengthened global system of international justice.

Gender and Women: In conflict situations, women are often disproportionately the victims of rape, torture, enforced sexual slavery, forced pregnancies, enforced sterilizations and other forms of sexual violence. These acts are considered war crimes under the Rome Statute, and when committed as part of a widespread or systematic attack (directed against any civilian population, with knowledge of the attack), are considered crimes against humanity even in the absence of conflict. The Rome Statute furthermore incorporates unprecedented gender sensitivity as a prerequisite for ICC staff and within the trial process, and set out parameters to ensure gender balance among the Court's elected officials.

Hunger and Food Aid: Under the Rome Statute, any widespread or systematic attempt calculated to bring about the destruction of part of a civilian population by attacking access to food, the means of food production, or medicine, with knowledge of the attack, is a crime against humanity. Improper use of uniforms or flags of UN humanitarian workers, forced starvation or targeting attacks against humanitarian assistance installations are war crimes.

Minorities (Ethnic, Religious, Political and other): According to the Rome Statute, persecution against any identifiable group or collectivity on political, national, ethnic, cultural, religious, gender, racial or other grounds impermissible under international law, in connection with any crime within the jurisdiction of the Court, constitutes a crime against humanity. Likewise, acts of genocide, including attacks intended to destroy, in whole or in part, a national, ethnic, racial or religious group fall under the Court's jurisdiction; the practice of apartheid also counts as a crime against humanity, if conducted with knowledge and in a widespread or systematic manner.

Small Arms: The possibility of the ICC deterring long-term conflicts and thereby reducing the demand for small arms makes it of direct relevance to arms control advocates.

Torture, Victims and Survivors' Rights: Torture, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, is a crime against humanity under the Rome Statute. The ICC furthermore considers certain kinds of torture as war crimes. The Statute provides special procedural assurances to prevent re-traumatization of victims, and allows alternatives to protect the emotional welfare of victims The ICC also establishes a Victims' Trust Fund to be used to provide reparations to victims of crimes under the jurisdiction of the Court in their attempts to reconstruct their lives.

In the past, the architects of genocide campaigns have all too often escaped justice, while millions of victims have been relegated to the footnotes of the bloody history of human conflicts. The establishment of the ICC is a tremendous achievement and a victory for peace in an increasingly unpredictable, dangerous and conflict-ridden world. The close inter-relatedness of a wide range of domestic and international problems necessitate closer cooperation between civil society groups. As the ICBL and ICC campaigns have shown, despite enormous hurdles and opposition, cooperation between NGOs themselves, and between civil society and governments could result in effective global solutions to address these complex challenges to human security.

For more information on the ICC and links to other campaigns, please email Joydeep Sengupta at: cicc6@iccnow.org

Jody Williams was the founding coordinator of the International Campaign to Ban Landmines (ICBL), and now serves as Campaign Ambassador for the ICBL.

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