4. iii. Establishing an international (universal) criminal jurisdiction along the lines of the 1953 Jurisdiction to Implement the International Convention on the Suppression and Punishment iv. Establishing Regional International Criminal Tribunals as described below. The United Nations should adopt this Draft and submit it to the General Assembly. II. Background 1. Initiatives on the establishment of an International Criminal Tribunal12 have been developed since the failure to establish an International Tribunal pursuant to Articles 227-229, Treaty of Versailles (1919) to prosecute: Kaiser Wilhelm II for "Crimes Against Peace;" German Military Personnel for "War Crimes;" and Turkish Officials for "Crimes Against Humanity." 2. More particularly, there are two projects developed by the United Nations 1953 Draft Statute for the Creation of an International Criminal Court, which was tabled by the General Assembly in 1953,13 and the 1980 Draft Statute for the Establishment of an International Criminal Jurisdiction to Enforce the Apartheid Convention, which has been before the Commission on Human Rights without action since 1980.14 Non-governmental organizations have also produced noteworthy projects such as those of the International Law Association (see Appendix). 12 These initiatives are listed in the Appendix to this Draft. 13 Supra note 5. 14 Supra note 6. 2. 3. 4. 5. The existence of 22 categories of international crimes15 representing 314 international instruments between 1815-1988. The internationally perceived dangers of drug-trafficking and recycling of illicit proceeds of drugtrafficking, and their harmful effects on many societies of the world irrespective of whether they are producing or consuming countries, and the increased manifestations of organized criminality. The continued manifestation throughout the world of terror-violence which threatens inter-alia: civilian aviation; civilian maritime navigation; diplomats and other internationally protected persons; and innocent civilians. The inability of states and their national legal systems to act unilaterally to control and suppress these and other dangers arising from international and transnational criminality. 15 See, M.C. Bassiouni, International Crimes: Digest/Index of International Instruments 1815-1985 (Vols. I & II, 1986). 3. The Regional Model. The universal model may be adapted for regional use. See, C. Blakesley, 18 Supra note 7; C. Blakesley, DRAFT MODEL FOR PROPOSED INTERNATIONAL COMMISSION [OR BOARD] OF CRIMINAL INQUIRY, part of DRAFT MODEL INTERNATIONAL CRIMINAL TRIBUNAL, adapted, with analysis from earlier Draft Models by M.C. Bassiouni and that cited in note 8, supra, for the Instituto Superiore Internazionale de Scienze Criminali, Committee of Experts on International Criminal Policy for the Prevention and Control of Transnational and International Criminality for the Establishment of an International Criminal Court, Siracusa, Italy, 24-28 June 1990. A Model for A Proposed Tribunal GENERAL 1. Establishment of the Tribunal The Tribunal will be established pursuant to a multilateral convention [hereinafter referred to as "the Convention"] open to all States Parties. The States Parties to the Convention will agree on the establishment of the Tribunal whose location will be determined by agreement. The established Tribunal will have an international legal personality and will sign a hostcountry agreement with the host state. The Tribunal will thus have extra-territoriality for its location and immunity for its personnel. The Tribunal's costs and facilities, including detentional facilities will be paid on a prorata basis by the States Parties to the Convention. The Tribunal as an international organization will be granted jurisdiction by the States Parties to prosecute certain specified offenses embodied in the annex, as codified by the States Parties, and in international conventions and the authority to detain those accused, and those convicted of the charges. [The merits of such a detentional scheme is that it removes pressures on the affected states, particularly in "terrorism" cases, and in cases involving major drug offenders]. Jurisdiction of the Tribunal and Applicable Law |