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| Kathmandu, Monday May 13, 2002 Baishakh 30, 2059. |
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Nepal
likely to have judge in ICC
By Rudra Sharma
KATHMANDU, May 12
If the Rome Statute for the establishment of the International Criminal Court (ICC)
is ratified right now, Nepal is very likely to bag a post of judge in the ICC. It is most
likely to happen so because the ICC to come into force by July 1 has to represent South
Asia where none of the countries have ratified the statute till date.
The opportunity is
probably to be cashed in since the leader of the main opposition party Communist Party of
Nepal United Marxist and Leninist Madhav Kumar Nepal Sunday said, "We have firm
support to the ICC since we have concerned to aggression."
Nepal was talking to
a team of Coalition for International Criminal Court of Justice ( CICC) which is currently
in Nepal to help strengthen the necessary preparatory works to ratify the Rome statute. On
the occasion Nepal said," We will have to see what kinds of mechanisms therein are
useful to safeguard our people."
Member of the team
from Nepalese side General Secretary of Informal Sector Service Center (INSEC) Subodh Raj
Pyakurel apprised about the Nepalese perspectives and significance of the ratification of
the court by Nepal.
A member of the team
an Australian Lawyer Joanne Lee said that the Rome Statute is already ratified by 66
countries and thereby comes into force by July 1. "It is a global organisation
outside the UN system. "Lee said. The Court is absolutely independent ,international
and permanent. Since no country from South Asia have ratified the Statute, Nepal has a
greater chance to put forth a judge in the court representing South Asia, he added.
Another member of
the team David Matas said that the court entertains the crimes of serious matter like
genocide, war crimes, crime against humanity and crime of aggression. The team asserted
that any person whatsoever he or she may be powerful can not go with impunity under the
ICC system.
Even if a crime is
committed on behalf of a state there would definitely be somebody to make an order for
such crime. Pointing out the incidence of Polpot, the team members said Polpot had
undergone into the trail for 13 times. In this way any ruler or individual who commit
crime during his/her tenure are also fall under the jurisdiction of the ICC.
There are a few
fundamental differences between International Court of Justice( ICJ) under the UN system
and the International Court of Justice. Only states can be subjects under the ICJ system
but any individual of any level become member under the ICC system. It exerts an tickle
down effects to the signatory states since the states also has a responsibility to punish
the crimes defined by the ICC. However, the ICC has no retrospective effect. There is no
scope of impunity, nor it imposes capital punishment to anyone.
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