OPENING ADDRESS
BY
RT. HON. P. J. PATTERSON, P.C., Q.C., M.P.
PRIME MINISTER
2ND WORKSHOP ON THE
MANUAL FOR THE RATIFICATION
AND IMPLEMENTATION OF THE
ROME STATUTE
(INTERNATIONAL CRIMINAL COURT)
TUESDAY, MAY 1, 2001
HILTON KINGSTON HOTEL
UWI LIBRARIES
On July 17, 1998 the nations of the world gathered in Rome,
Italy and adopted the Statute of the International Criminal
Court. The horrific events that characterized the Second
World War and those, which took place in the former
Yugoslavia and Rwanda had led many countries, including
Jamaica, to the view that the introduction of a permanent
international criminal tribunal would be a major step 1n
deterring and prosecuting serious crimes of that nature.
The adoption of the Statute was hailed as a landmark in
international law and a potential turning point in international
relations. Governments, politicians, media commentators,
non-governmental organizations and academics from around
the world welcomed the accomplishment.
We in the Caribbean can claim to share regional paternity for
the International Criminal Court.
In 1989, His Excellency Arthur N. R. Robinson, now
President of Trinidad and Tobago, and then its Prime Minister,
was instrumental in the resurgence of the International
Criminal Court as a major item on the Agenda of the General
Assembly of the United Nations.
UWI LIBRARIES
Many CARICOM countries participated in the historic United
Nations Diplomatic Conference for the establishment of a
permanent International Criminal Court in 1998, which led to
the adoption of the Rome Statute.
Jamaica and other CARI COM countries participated actively
and contributed greatly in the exercises that led to this
landmark decision.
The Statute balances the roles of national and international
institutions and is built upon the principle that the Court
should function primarily as an incentive and as a complement
to national jurisdictions.
The Court is formulated to encourage States to investigate
and prosecute genocide, war crimes and crimes against
humanity and will itself, in certain circumstances, investigate
and prosecute those crimes. It will thus advance its main
goal of deterring and reducing abuses and victimization,
which have made the twentieth century so bloody.
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The jurisdiction of the Court will initially be focused on three
crimes: genocide, war crimes and crimes against humanity.
This jurisdiction will exist only for conduct occurring after the
Statute's entry into force. In other words, the Statute will not
have retroactive effect in its application.
The admissibility procedures of the Statute carefully define
the relationship between the Court and national jurisdiction.
The legal systems of States will carry primary responsibility
for investigating and prosecuting the crimes. The Court will
only find cases admissible where States voluntarily cede
jurisdiction to it or are otherwise inactive, or where they are
unable or unwilling genuinely to proceed.
Under the regime of the Rome Statute, confronting impunity
for the most serious crimes will be achieved primarily through
the justice system of States, and only through the Court as a
secondary step, but with the indispensable assistance of
States.
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The Court's effectiveness therefore relies on the successful
incorporation of the Statute into national law with respect to
both the conduct of national proceedings and cooperation
with the Court.
As a multilateral treaty, the Statute will need broad support if
it is to deter and punish genocide, crimes against humanity
and war crimes. It is designed to attract this support without
sacrificing the fairness and effectiveness of the Court as an
institution.
In the case of Jamaica, and for most of its sister CARICOM
members, the Statute will only become law when it is ratified
and incorporated into our domestic legal system. This will
involve a process of comparing the relevant provisions of the
Statute with our national law, and where necessary either
introducing legislation or making changes to existing
legislation when obligations under the Statute are either
unforeseen by national law or are at variance with it.
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Jamaica signed the Statute of the International Criminal Court
on September 8, 2000. We are beginning the process that
will permit us to ratify the Statute.
Globalization and the advances of modern technology have
both contributed to the spread of crimes which transcend
national borders. It is imperative, as should be the case in
our domestic borders, that no crime should go undetected
and unpunished in the global village.
This move to ratify the Statute by Jamaica is Government's
policy of seeking to achieve practical outcomes, particularly
of an institutional nature, that will materially benefit people's
lives and protect the human rights, not only of wrong-doers,
but of innocent victims as well.
Despite the failure to subscribe to the Statute by some major
players, international support for the Statute is widespread
and crosses geographic and political divides.
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Jamaica's ratification of the Statute will contribute greatly to
maintaining our reputation as a State that observes and
promotes fundamental human rights and humanitarian
principles. We are opposed to allowing persons responsible
for committing grave crimes of international concern to
escape punishment. Ratification will also enable Jamaica to
play a significant role in the establishment of the Court.
It is interesting to note that we are now less than 2½ years out
of Rome and, to date, there are 29 ratifications, nearly half of
the ratifications required.
When one compares the Rome Statute with other important
international conventions, the ratifications are coming in at a
reasonable rate, especially given the complexity of domestic
implementation for some countries.
For example, the United Nations Convention on the Law of the
Sea also required 60 ratifications or accessions to enter into
force. It took nearly 12 years for these 60 ratifications to be
achieved.
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The speed with which the International Criminal Court is
being ratified is therefore quite noteworthy.
Jamaica is extremely grateful to the United Nations Latin
America Institute for the Prevention of Crime and Treatment
of Offenders (ILANUD) for deciding to hold this workshop
programme on "The International Criminal Court Ratification
and Implementation Workshop Caribbean Countries" in
Jamaica.
This workshop presents an opportunity for CARICOM nations
to work together on issues that have international impact.
It is indeed opportune that the workshop is being conducted
here at a time when Jamaica is in the process of ratifying the
Statute.
In looking through your programme for the next few days, I am
confident that the workshop will not only be of great
assistance to us and the other participants currently engaged
in the ratification process, but also to those countries that are
still considering signature and eventual ratification.
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The job with which you are faced when you leave here is one
of great importance to the entire region and indeed to the
international community. Your presence at this meeting is
therefore one step in helping our region fulfill our
responsibilities to the global community.
The Rome Statute of the International Court has the potential
to mark a significant turning point in the way the international
community views peace, transition and the enforcement of
international law.
The jurisprudence of the ICC - and of national courts that
investigate and prosecute crimes within the jurisdiction of the
Court, or that cooperate with it - will quickly bring
international criminal law to a level of development
commensurate with its importance.
On a practical level, the Court will fill many of the gaps that
characterize the current system of national enforcement, and
will encourage advancement in national law and practice even
outside the scope of the Statute.
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I would like to take this opportunity to welcome all the
participants who are visiting Jamaica for the first time, and
for those who have been here before, welcome back.
I wish you every success in your deliberations over the next
few days and in your continued work on these issues once
you return home.
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