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Establishment of the International Criminal Court: SADC's Participation in the Negotiations

NCJ Number
185895
Journal
African Security Review Volume: 9 Issue: 1 Dated: 2000 Pages: 42-53
Author(s)
Sivu Maqungo
Date Published
2000
Length
12 pages
Annotation
This article reviews establishment of the International Criminal Court.
Abstract
The Statute of the International Criminal Court (ICC) requires ratification by 60 States in order to come into force. More than a year after the statute was adopted, only four States -- Senegal, Trinidad and Tobago, San Marino, and Italy -- have ratified the statute. The Southern African Development Community (SADC) affirmed its commitment to the establishment of an independent and impartial ICC as early as 1997, when legal experts from SADC States adopted principles of consensus. These principles were the basis of a common statement which became the instructional manual for SADC's negotiations. The article contains the common statement, and discusses: (1) Principle of Complementarity; (2) Independence of the Court; (3) Financing the Court; (4) Election of Judges; (5) Proprio Muto Powers of the Prosecutor; (6) Relationship Between the Court and the United Nations; (7) Role of the U.N. Security Council; (8) The Jurisdiction of the Court; (9) The ICC and Human Rights; and (10) State Cooperation with the Court. The article also contains a model enabling act developed by SADC States for other States to follow as they consider ratification of the ICC Statute. Notes