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The Conference Daily Newspaper |
| Statute Mired in Political
MinefieldsICC Part 2 Shaping Up?
ROME. When 159 governments gathered in Rome in mid-July to negotiate the details of an International Criminal Court (ICC), they all stated their commitments to create that body by the end of a five-week conference - a promise whose fulfillment seems dimmer with every passing day. Now, with no end in sight to many of the thorniest political disputes, some delegations and non-governmental organisations (NGOs) think yet another meeting might be required to get the Court set up right. At the end of the third week of the Rome conference, more than 1,000 bracketed items or options - indicating disagreements on the text - remain in the ICC draft statute. Some governments have blamed a bloc of Arab states for issuing a steady stream of amendments, while others have taken the United States and Britain to task as well for offering a large amount of time-consuming proposals. "Every day, there are 10 working groups," one Western delegate grumbled. "It's becoming difficult just to keep track of documents." Many diplomats from the developing world are even more worried that they simply cannot attend all the discussions on the legal minutiae of the Court. "All of the issues are either being filibustered, or becoming not simpler, but more complex," said Bill Pace, convenor of the NGO Coalition for an International Criminal Court. "It's that slowness, the bogging down, the opening up of issues that appeared to have been resolved, that is worrisome." The main problem, Pace argued, is that governments might be so eager to compromise to reach a conclusion by Jul. 17 that they settle for "the lowest common denominator". In that case, he said, it might be reasonable to seek a later ICC conference to complete work on the text: "If it takes another one or two years, it's not necessarily a failure." Pace said the emphasis should be on resolving as many issues as possible in the next two weeks. But he cautioned, "We've had no major treaty that has been adopted in one sitting" - and the ICC statute may be no exception. Some governments share that mood. One Western diplomat conceded that it is becoming less likely that all the disputes over the ICC's powers and jurisdiction will be settled in the next two weeks - particularly because the United States is ambivalent about the Court and nations have been wary of negotiating a treaty without US support. Others are unsure that any delay can be helpful. "There was a natural momentum going in (to Rome)," said Muhamed Sacirbey, Bosnia's UN ambassador. "It's very dangerous to have confidence that a second conference at this level is possible without more effort than was put in place to bring about this (current) conference." Still, Sacirbey acknowledged that the rush to produce a complete text within the next few days is having practical consequences: "The search for common ground seems to be less... because of our desire, our hurry to finish the project." One of the side effects, he argued, has been accusations of obstructionism against some groups: "The whole accusation against the Arab states is based on an assumption that we quickly have to find a solution because time is running out." In some respects, time actually is running out, as the Bosnian ambassador acknowledged. The Rome conference is the culmination of at least four years of intensive legal negotiations - work which could not easily be maintained if the current momentum is lost. Some activists contend that it is still premature to ask whether the myriad hurdles, from differing legal systems to wide political gaps about the ICC, can be bridged in the coming days. "It's simply too early," said Jelena Pejic, senior programme officer for the Lawyers Committee for Human Rights. Considering future conferences at this stage, she argued, might encourage some governments to dig in their heels rather than push for solutions now. Pace added that compared to many treaties, the ICC statute is progressing fairly well. "There are more positive than negative signs," he said. "Almost all the best options for a strong, fair and effective Court are still on the negotiating table... (The momentum) is building, not flagging." Yet all the major disputes remain unresolved. The US opposition to the powers of the ICC prosecutor has not died down, while rumours of a compromise on Security Council oversight - in which the Council could vote to take selected items off the ICC docket, but only for 12-month renewable terms - have not led to concrete results. Some sources talk of comprehensive packages to accommodate US demands, but Washington hasn't tipped its hand while NGOs fear that any such deal could be riddled with problems. Ultimately, as one diplomat argued, at least some matters will have to be decided by a vote. But Pace said that the best option is still to push for a consensus on as many issues as possible, but that "if comprehensive agreement packages cannot be agreed to, there will have to be some final voting". Farhan Haq/IPS Copyright © IPS-Inter
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