Johnson By David Williams,
Freelance Writer
LOCAL DRUG lords, gunmen and policemen who engage in systematic and widespread torture and murder could find themselves brought before the International Criminal Court (ICC) when Jamaica accedes to that tribunal.
Brigitte Suhr, a representative of Human Rights Watch in New York, told a media workshop on the ratification and implementation of the Rome Statute, the multilateral treaty by which the ICC is to be established, that the proclamation has received 30 of the 60 ratifications required for its establishment, and is likely to enter into force by the end of 2002.
She told regional journalists participating in last Thursday's workshop at the Justice Training Institute in Kingston, that the Court would only be able to prosecute crimes committed after its establishment since its jurisdiction will be non-retroactive. It will initially focus on war crimes, genocide and crimes against humanity, and later on crimes of aggression.
Pointing to Article 7 of the Rome Statute, Mrs. Suhr noted that the definition of crimes against humanity includes murder and torture "when committed as part of a widespread or systematic attack".
She explained that "if there is a system of torture occurring in 'X' police headquarters in a country, and you can show that there is some kind of a plan, maybe the commanders know about it ... or there is a network of officers regularly engaged in this activity, that could rise to the level of crime against humanity."
Mrs. Suhr, however, stressed that the Court would not treat isolated cases of murder or torture, and that national courts would continue to have priority in investigating and prosecuting all crimes within their jurisdiction.
Opposition Senator, Anthony Johnson, who also addressed the workshop, applauded the fact that individuals would be able to bring cases before the ICC, unlike the International Court of Justice (ICJ) which only deals with cases between states.
"The ICC will allow any single individual to bring a case personally. He or she does not have to wait for the government, or an NGO to act," he said.
Senator Johnson, who is deputy chairman of the international law and human rights programme of Parliamentarians for Global Action (PGA), said the existence of the Court should also act as a deterrent to international criminals.
"At present, individuals may, and do, commit serious crimes when the political, military or social environment permits them, in the clear belief that they can never be brought to justice. If there is a change in the climate in the land of their crimes they can use money to buy themselves security in some other state," he observed.
"With an ICC, no one will have reason to believe that there is a safe place from which to hide."
Senator Johnson added that the Court's provisions for compensation of victims would be of tremendous benefit to those widowed, orphaned, crippled or made homeless by criminals.
He told The Gleaner following the workshop that relatives of victims, or survivors of crimes which will fall under the Court's jurisdiction could take their cases to the ICC, "if judicial proceedings at the local level have not been adequate, if they feel the state has failed to act, or there has been some attempt at cover-up".
Workshop facilitator, Hugh Cholmondely, noted that in some Caribbean countries there is a "criminalisation of economies" and the increasing use of violence as part of the management of societies, rather than open conflict and genocide as in other parts of the world. According to the veteran Guyanese broadcaster, this particular aspect of Caribbean societies contributes directly to the erosion of fundamental human rights.
Jamaica signed the Rome Statute last September and is in the process of ratification. A comprehensive review of local laws to bring them in line with ICC standards is currently under way.
