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International Criminal Court (ICC)

Renewal of Security Council Resolution 1422 which seeks to prevent the Court from exercising its jurisdiction over certains UN peacekeeping personnel must be rejected.

Montreal, June 11, 2003 - Rights & Democracy is deeply concerned with recent efforts by the Bush administration to pursue renewal, for one year, of Security Council Resolution 1422. The Resolution, which expires on June 30, 2003, seeks to prevent the International Criminal Court (ICC) from exercising its jurisdiction over UN peacekeeping personnel from countries that have not ratified the Rome Statute.

Rights & Democracy believes the stakes are higher this year than last. If Resolution 1422 is renewed, it will not only consolidate the exemption obtained last year but also codify the immunity as a permanent amendment to the Rome Statute. "This unlawful Resolution gravely undermines the effectiveness and integrity of the ICC and the entire treaty-making process of the UN, as well as the credibility and legitimacy of the Security Council," said Jean-Louis Roy, President of Rights & Democracy. "Resolution 1422 represents an affront to international law and is contrary to the spirit and letter of the Rome Statute." By legitimizing blanket immunity for the worst possible crimes under international law, "this Resolution is a regressive step in the efforts by the international community to combat impunity."

With the date for Resolution 1422's renewal fast approaching, Rights & Democracy calls upon all 14 other members of the UN Security Council not to renew the Resolution and settle this manner in ways that would respect international law and protect the integrity of the Rome Statute.

Rights & Democracy urges all States to work together to build opposition to renewing Resolution 1422 at all. We welcome the efforts of some ICC advocates, including Canada, Jordan, New Zealand and Switzerland, who are pressing the Security Council to hold a second public debate before any decision is taken on the Resolution. Such a debate would provide another opportunity for the vast majority of UN member States to reaffirm general opposition to the terms of the Resolution. At the same time, if outright rejection of Resolution 1422 proves to be impossible and renewal becomes unavoidable, Rights & Democracy believes that, at a minimum, States Parties and States Signatories to the Rome Statute have an important role to play in pressing the Security Council to respect the integrity of the Rome Statute and the UN Charter.

The future of the ICC as an independent and effective institution and the principle of universal justice are once again under attack from Washington. Opposing Resolution 1422's renewal will not be easy, but the issues raised by this Resolution are too important to be ignored. "The best way for the US to promote its interests and ensure all due protections for its citizens is by ensuring a relationship with the Court and constructively working to build a global democratic culture against impunity and advocate for peace and justice," Jean-Louis Roy said.

Rights & Democracy is a member of the Steering Committee of the International NGO Coalition for an International Criminal Court.