ACCEDING TO THE ROME STATUTE : CHALLENGES FOR THE INTERNATIONAL CRIMINAL COURT AND FOR
THE STATE PARTIES
Speech and discuss with
Iwan Febriand Vegan
Your Excellencies, Honorable Ministers,…
Chairperson of this session,..
Ladies and gentlemen,
It is a pleasure to join you and thank you very much for inviting me to join this parliamentarian for Global Action (PGA) Indonesia Chapter “ the International Criminal Court (ICC) towards Indonesians Accession to the Rome Statute.
I believe it is high time for parliamentarians to examines their roles and oversight in implement of the Rome Statute. Because there is no higher goal, no deeper commitment and no greater ambition than preventing armed conflict. The main short-and medium-term strategies for preventing non violent conflicts from escalating into war, and preventing earlier wars from erupting again, are preventive diplomacy, preventive deployment and preventive disarmament. “Post conflict peace building” is a broad policy approach that embraces all of these as well as other initiatives. Longer term prevention strategies address the root causes of armed conflict.
As the nineteenth century gave way to the twentieth, Peace Conference held at The Hague in 1899 and 1907 sought to humanize our world and to introduce rules to mitigate human suffering during armed conflict. Peace and security are fundamental to achieving the fulfillment of basic need, and sustainable and equitable development. All peace have a right to peace, which is the essential precondition for the enjoyment of human right.
Scope of Challenging
Today, declaration, convention, treaties, bodies of principles and codes of conduct cover almost every conceivable aspect of the relationship between the individual and the state. Legal instrument exist to protect the right of women to equality of treatment, to spell out of duties of Government in respect of observance of civil and political right and economic, social and cultural right, to proscribe racial discrimination, to prevent torture, to protect minorities and to promote and protect cultural diversity.
The agreement reached to establish the International Criminal Court is a watershed in the history of International Cooperation for the promotion of human welfare and for the universal realization of human right. Development in this area are of such great potential import for the international legal order that they warrant detailed attention.
The International Criminal Court (ICC)
160 states have now signed and 139 States has Ratified the Rome Statute of the International Criminal Court. Four have ratified the Statute, which will enter into force after ratification 139 states; genocide, crimes against humanity, war crime and aggression.
Main challenges for International Criminal Court today confront to the aggression and Occupation of Israeli Armed Forces to Palestine last month. It’s hard to task investigating crime committed in Palestine. Under Universal Jurisdiction, ICC and Security Assembly of the United Nation an do investigating on Genocidal action, crime against humanity and also war crime to natural person in Israeli Military. Second, Tribunal and sustainable war in Africa, mainly Sudan-state and also small conflict in other caption region in Africa.
Challenge for Indonesia
Indonesia is a country known as “ Ultimate in Diversity”, consisting
More than 17 thousands islands. The Archipelago lay astride two continents, mainland Asia and Australia, and connected two important oceans, the Pacific and Indian. The length of the country is about 5.400 km and the width 1.400 km. Superimposed the map of Indonesia on Europe, it is roughly about the distance between the British isle to Turkey and Germany to Spain. In term of population, Indonesia is the fourth largest country in the world after China, India and the United Stated of America with about 240 million people.
Indonesians Government consistent to promoting peace and security under democracy that we know ‘democracy peace’. Indonesia have strategic position to support effectively implement of International Criminal Court. In which Indonesians government have deepest commitment to ratified of Rome Statute soon. This situation give a lot of benefit for Indonesia. In one side jurisdiction of the Rome Statute coherence with Indonesian national law. Indonesia would like to involved in the organ of the ICC, for example as judge, prosecutor and so on. Accelerated of Indonesia Legal Reform, mainly to implement humanitarian law and human right law.
In the other side, Indonesia can be model for implementing human right Law in the Southeast Asia, to contribution for keep security and national stable and also to preventing international conflict.
Ladies and gentlemen,
Given it’s commitment and its progress to date, there is a good reason to believe that Parliamentarians for Global Action will continue to improve.
Key Parliamentary measures on Rome Statute :
1. Enhance our knowledge and understanding on International Criminal Court. These capacity building elements are such monitoring development and exchange expertise in oversight and sharing experience.
2. Establish a parliamentary committee on ICC on Genocidal action, Crime against human right, War crime and aggression.
I am confident that with steady effort, significant progress can be made in the years ahead. I wish all partners and state parties the best success in rising to the challenge.
Iwan F Vegan
Jakarta February 15th 2009.
This article is my own ideas and proposal one year ago in special metting in DPR-RI with seven member of Expert mutual review on implementing of law enforcement and also to prepare the ICC meeting in Rome.
My position as independent researcher and special staffers pak Suripto in DPRE-RI. This ideas it means to support acceding to the Rome Statute, particularly innovation toward implementing of global justice. It’s hard to comment of suffering million of innocent people from Palestine to Sudan, from Iraq to Afghanistan, from Indonesia to RDTL from Latin America to Mexico and so on.
Please comment as completely the ideas.
Thank and goodluck.