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ICC President Urges Greater Asia-Pacific Representation |
| Source: |
radioaustralia.net.au |
| Source Date: |
Wednesday, February 15, 2012 |
| Focus: |
Knowledge Management in Government
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| Created: |
Feb 21, 2012 |
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There's no shortage of human rights abuses in the Asia-Pacific, but the International Criminal Court is yet to hear a single case from the region.
In fact, all the cases before the court are African.
It's partly because few Asia-Pacific nations are signatories to the Rome Statute, which backs the ICC.
The head of the court, himself a Korean, has told a conference in Sydney, Australia had a role to play in encouraging its neighbours to sign up.
Presenter: Lexi Metherell
Speakers: Sang-Hyun Song, president of the International Criminal Court; Rafendi Djamin, Indonesia representative at the ASEAN Intergovernmental Commission on human rights; Andrew Byrnes, Professor of international law at the Australian Human Rights Centre at the University of New South Wales
LEXI METHERELL: The International Criminal Court was founded to prosecute crimes of concern globally but so far it's been an Africa-centric system, with the Asia Pacific particularly under represented.
The ICC's President, judge Sang-Hyun Song told a conference in Sydney today only 18 of the 120 ICC states are from the Asia Pacific.
SANG-HYUN SONG: Asia cannot afford the lagging behind like this. Our region is not immune to Rome Statute crimes. Only by becoming part of the evolving system of international justice can Asia influence its development.
LEXI METHERELL: Rafendi Djamin represents Indonesia at the ASEAN Intergovernmental Commission on human rights. He says Asia Pacific states have been wary of signing on to the Rome Treaty, which is the basis for the ICC, for fear that it could be retroactive.
RAFENDI DJAMIN: There has been serious crimes taking place in this region and there are a lot of misunderstandings that this court will then have kind of a retroactive function, retroactive role.
LEXI METHERELL: Professor of international law at the Australian Human Rights Centre at the University of New South Wales, Andrew Byrnes, says historically Asia Pacific states have been reluctant to sign on to binding international courts.
ANDREW BYRNES: And I think the other thing underlying that and probably reinforcing it is that there are many countries in Asia Pacific where there are conflicts going on or which have recently been completed, which might well fall within the jurisdiction of the International Criminal Court if they had ratified or if they ratify it as far as future conflicts go.
LEXI METHERELL: Why is it then that the African states are greater participants than Asia Pacific states? Is it because they're weaker and they've been able to be forced into it by the international community?
ANDREW BYRNES: Well look I think patterns of ratification in Africa of treaties like this are different. Africa, for example, has a regional human rights charter and so a strong regional commitment which most, if not all states in Africa are parties to.
And I think this was seen as a way of affirming those values, not all African states are parties of course. Remember, Sudan is the classic case which is not a party, which is currently before the court and Libya of course is not party but is currently before the court. Both those were referred by the Security Council.
So yes it's a different tradition. I think a stronger commitment to acceptance of international obligations of this sort that we haven't yet seen as widespread in the Asia Pacific region.
LEXI METHERELL: Today the President of the ICC, judge Sang-Hyun Song called for Australia to play a greater role in encouraging Asia Pacific nations to join the ICC; what can Australia do?
ANDREW BYRNES: Well I think Australia, and probably together with New Zealand, can be particularly influential in the Pacific region, particularly the South Pacific where only a small number of states have so ratified the statute.
And I think what they can do is offer their technical assistance and advice about what needs to be done in order to change national laws before you can ratify and explain the implications of ratification to those countries.
We can probably also be of assistance in Asia itself, particularly in those countries where we have strong political or development relationships.
I think there are some countries in Asia where we're probably not going to be terribly influential. They're the countries which have been reluctant to accept this sort of adjudication; China, India, those sorts of countries.
But this is a long process and it will take many years I think but ultimately it will become accepted by most states in the world I think.
LEXI METHERELL: The Department of Foreign Affairs says it's convening a round table this week, aimed at encouraging Pacific Island States to accede to the Rome Statute, and those already party to the statute, to implement their obligations.
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ICC President Urges Greater Asia-Pacific Representation There's no shortage of human rights abuses in the Asia-Pacific but the International Criminal Court is yet to hear a single case from the region
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