A "Conference on International Criminal Court Ratification and
Implementation in the SADC Region" was held in Windhoek, Namibia, from
28-30 May 2001. The Conference was organised by the Ministry
of Justice of Namibia, the Parliament of Namibia, Parlimentarians for
Global action and the ICC Technical Programme Assistance (ICCTAP-Canada),
with the support of the Government of
Canada and the European Commission.
The Conference was attended by representatives of the legislatures,
governments, civil society and media from most SADC States.
At the end of the Conference a Plan of Action was adopted for ICC
ratification and implementation in the SADC region. The Plan of Action
contains specific steps to be taken at the regional level to enhance
ratification and ensure effective implementation of the ICC Statute.
Certain countries expressed at the Conference a new and favorable position
towards ICC ratification.
In addition, a very interesting common position on the crime of aggression,
proposed by the Portuguese-speaking member States of the SADC, found
consensus at the Conference and this will be submitted to the SADC Justice
Ministerial meeting in Gaborone, Botswana, at the end of the next month.
The civil society sector also drafted a Civil Society Plan of Action. The
Plan commits this sector to advocacy work and lobbying governments in the
SADC region to promptly ratify and implement the ICC Statute. It also
offers technical support to SADC governments for the drafting of
implementing legislation and seeks to empower citizens with knowledge about
the ICC.
At the closing plenary session of the Conference Adv. Anil Naidoo, Convenor
of the South African Coalition for an ICC, spoke on behalf of the civil
society sector and said that NGOs in the region are working hard to make
sure that a strong, fair and effective ICC is established by
'constructively engaging' government for the mutual benefit of both
parties. Later at the media conference, Adv. Naidoo stated that the ICC
will be established whether the USA ratifies the ICC Statute or not, and
despite efforts by the US to dilute the effectiveness of the Court. Milimo
Moyo a member of the civil society component talked about the effect
ratification by the DRC would have on the war there. She said that as the
ICC will not apply retrospectively, crimes which have been committed and
crimes which are currently being committed will not come before the Court.
She said however, that the message that will be sent by such a ratification
would have a profound effect on the war.
So far 32 countries have ratified the ICC Statute. Of these, three SADC
states, Botswana, Lesotho and South Africa have ratified. The ICC will into
being after sixty ratifications.
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