About the ICC
Canada and the ICC
On December 18, 1998, Canada became the fourteenth signatory of the Rome Statute. It was the first country to adopt comprehensive legislation implementing the Rome Statute into its domestic legal framework, through the Crimes Against Humanity and War Crimes Act on June 29, 2000.
Canada has been a crucial supporter of the International Criminal Court and played a key role in making it a reality.1 Prior to the Rome Conference, Canada chaired a coalition of states called the "like-minded group" to identify cornerstone positions and co-ordinate international support for the International Criminal Court. Foreign Minister Lloyd Axworthy spoke of a "court worth having" at the opening of the Rome Conference. Canadian delegates brokered issues of jurisdiction, the definition of crimes, and the procedures and principles central to the ICC.2 Canadian Philippe Kirsch chaired the Committee of the Whole, a pivotal negotiating body at the Rome Conference. He drafted the global proposal3 balancing the majority view and addressing minority concerns, bridging a previously intractable divide on issues such as jurisdiction and the extent of the Court's independence.4 Kirsch was later appointed as chair of the Preparatory Committee, where he was considered one of the major architects responsible for completing all of the difficult preparatory work to meet the Committee's deadlines.
Canada has committed to a leadership role in bringing to justice perpetrators of genocide and crimes against humanity, regardless of where the offences occur,5 and has set an example in this respect through its own domestic legislation. Canada's Crimes Against Humanity and War Crimes Act, the legislation that incorporated the Rome Statute into domestic law, created new offences in Canada of genocide, crimes against humanity, war crimes, and breach of responsibility by military commanders and civilian superiors. It also implemented Canada's obligations under the Rome Statute to surrender persons sought by the ICC for crimes falling under its jurisdiction, and denies the subject of such a request the right to claim immunity from arrest or surrender. Money obtained by the forfeiture of assets of prosecuted individuals, which can be ordered by the ICC, will be paid into a Crimes Against Humanity Fund, and may be distributed by the Attorney General of Canada to victims of offences under the Act or the Rome Statute.
The International Criminal Court is a major focus of Canada's Human Security Agenda. The support provided by this agenda includes the commitment to encourage other countries to ratify or accede and implement legislation, to ensure smooth entry into force of the Rome Statute, and to perform education and outreach on the ICC.6 Canada had contributed to the UN trust fund to help less developed countries implement legislation, and has been involved in bilateral and multilateral diplomatic contracts, has made public statements, lobbied, and supported workshops and conferences in West, East, Central and Southern Africa, the Middle East, Asia, the South Pacific, Latin America and the Caribbean.7 Two government-sponsored Canadian organizations produced technical manuals in six languages to assist other countries in implementing the Rome Statute.8
Canada is working to ensure that the Rome Statute will provide the tools for an independent and effective institution, and that due process is observed.9 Canadian Louise Arbour, the Chief Prosecutor for the ad hoc tribunals ICTY (International Criminal Tribunal for the former Yugoslavia) and ICTR (International Criminal Tribunal for Rwanda) was a strong supporter of the ICC, particularly the importance of an independent prosecutor, and influenced both public opinion and government policy. The Department of Foreign Affairs and International Trade has expressed concern over the threat to human security posed by that the fact that serious crimes are rarely tried and prosecuted.10 This concern, and Canada's support for the ICC, may have been inspired by Canada's own difficulty in prosecuting Nazi war criminals, despite numerous attempts at implementing legislation to facilitate that effort.11 Canada may also have been reacting to diplomatic ineffectiveness of addressing and preventing genocide in the Balkans and Rwanda. The cornerstone positions adopted by the like-minded group also express some of Canada's major considerations, including: that the Court have inherent jurisdiction over the core crimes of genocide, crimes against humanity and war crimes; that the Court develop a constructive relationship with the Security Council to ensure an independent and impartial institution; that the Court have an independent prosecutor, so as not to be influenced by politics; and the recognition of the experiences of women and children in armed conflict.12 Canada is known for its involvement in peacekeeping, and the creation of an International Criminal Court will ensure that international efforts support its own.
Sources
- http://www.dfait-maeci.gc.ca/foreign_policy/icc/canada_icc-en.asp, http://www.amnesty.ca/stoptorture/actICC.htm, http://canada.justice.gc.ca/en/news/nr/1999/doc_24328.html or http://www.geocities.com/mozuz/c19/prsrls2.html
- http://www.dfait-maeci.gc.ca/foreign_policy/icc/canada_icc-en.asp
- http://www.dfait-maeci.gc.ca/foreign_policy/icc/canada_icc-en.asp, http://209.217.98.79/english/00_index_e.htm
- http://209.217.98.79/english/00_index_e.htm
- http://canada.justice.gc.ca/en/news/nr/1999/doc_24328.html or http://www.geocities.com/mozuz/c19/prsrls2.html
- http://www.dfait-maeci.gc.ca/foreign_policy/icc/canada_icc-en.asp
- http://www.dfait-maeci.gc.ca/foreign_policy/icc/canada_icc-en.asp
- http://209.217.98.79/english/00_index_e.htm, http://www.dfait-maeci.gc.ca/foreign_policy/icc/canada_icc-en.asp
- http://canada.justice.gc.ca/en/news/nr/1999/doc_24328.html or http://www.geocities.com/mozuz/c19/prsrls2.html
- http://209.217.98.79/english/00_index_e.htm
- Cotler, Irwin. "National Prosecutions, International Lessons: Bringing Nazi War Criminals in Canada to Justice" in eds. C.C. Joyner and C.M. Bassiouni Reining in Impunity for International Crimes and Serious Violations of Human Rights: Proceedings of the Siracusa Conference 17-21 September 1998 Eres, 1998.
- http://209.217.98.79/english/00_index_e.htm
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