International court signals a new era

Javier Solana
The International Herald Tribune

BRUSSELS We have just witnessed the required ratification by 60 countries of the 1998 Rome statute establishing the much-awaited International Criminal Court. The European Union firmly believes that the court will be an essential means of promoting respect for international humanitarian law and thereby contributing to freedom, justice and the rule of law.

The court will also contribute to the preservation of peace and the strengthening of international security, in accordance with the purposes and principles of the United Nations. The ratification or acceding to the Rome statute by 60 countries within four years of its adoption is remarkable. It is evidence of the deep determination all around the world to establish without delay a permanent and independent international court that can bring to justice, when states fail to do so, those who commit the worst crimes imaginable - and that can help guarantee justice for the victims of genocide, crimes against humanity and war crimes.

The EU and the rest of Europe has been a leader in the process of setting up the International Criminal Court because the principles of the Rome statute, as well as those governing the functioning of the court, are fully in line with the EU's principles and objectives. When the Rome statute enters into force on July 1, all EU member states will have ratified it.

Europe has experienced genocide, war crimes and crimes against humanity first-hand in two world wars and more recently in the Balkans. We need the means to counter such crimes. Only by holding those who commit such crimes accountable through the exercise of the rule of law will we demonstrate to international criminals that they may not avoid justice.

Although the EU has been of vital importance to the court's establishment, Europe is not the only region of the world to have suffered such terror; other regions have experienced serious violations of international humanitarian and human rights law.

The past century witnessed the worst violence in the history of mankind. Most of the victims have simply been forgotten and few perpetrators have been brought to justice. I hope that the very existence of the court will serve as a deterrent to future tyrants by sending a strong signal that never again will such acts be met by impunity.

The International Criminal Court will complement existing national judicial systems but can exercise its jurisdiction if national courts are unwilling or unable to investigate or prosecute such crimes. International criminal justice is not about revenge but about implementing justice where before there was only silence. It implies accountability for actions. The court is meant to be a universal institution. It will need the support and the active participation of as many states as possible. A global age demands that we make full use of those global institutions available to promote respect of international humanitarian law.

Commitment to genuine multilateralism is the surest way of convincing even the weakest and poorest that their voices will be heard and that their rights will be protected. The court will play its role in this continuing fight and the impending entry into force of the Rome statute is a true sign of the realization of these principles.

The Rome statute was signed by 139 countries. A global institution requires global partners, so I encourage those countries that have not yet ratified the statute to stand by the commitment they made in signing it. I also encourage all other countries to lend their support to this historical initiative and accede to the Rome statute as soon as possible. In a broader context, we are witnessing a crucial event: the emergence and consolidation of international criminal justice, exercised either by national courts - due to their international obligations - or, in the future, by the International Criminal Court.

There are many safeguards in the ICC Treaty that protect against political mischief. The treaty maintains the primary duty of all states to prosecute crimes against humanity. It does not threaten national criminal jurisdiction as it will not act when states investigate and prosecute these crimes. It can only act when states fail to do so or because they are incapable of doing so.

The International Criminal Court is one of the most important human rights initiatives since the adoption of the Universal Declaration of Human Rights. After more than 50 years during which new standards in international human rights protection have been set, the court offers the opportunity for an effective enforcement mechanism to combat the worst human rights violations.

The EU's common foreign and security policy is founded on respect for fundamental human rights and we are developing operational capabilities to defend those rights when they are under threat. Together with the International Criminal Court, the European Union will be an important partner in advancing such values. That is why I welcome this historic event and look forward to the early establishment of the court.

The writer, the EU's High Representative for foreign and security policy, contributed this comment to the International Herald Tribune.