Eyambe Elias Ebai*
10 October 2008
opinion
The Statute of the International Criminal Court (ICC) was drafted and adopted in Rome, Italy, on July 17, 1998. It entered into force on July 1, 2002 after having been ratified by sixty countries.
The Rome Statute is in six official languages: Arabic, Chinese, English, French, Russian and Spanish. Since its coming into force, the statute has the backing and support of nearly more than half of the world's nations. As of July, 2008, it had 139 signatories and 108 countries from across the globe have ratified the treaty.
It would enter into force for the Suriname and Cook Islands on October 1, 2008, until then there were 106 states parties.The Rome Statute is the treaty that established the International Criminal Court charged with trying persons involved in crimes of genocide, crimes against humanity, war crimes and crimes of aggression.
Article 126, paragraph B of the Rome Statute states: "For each state ratifying, accepting, approving or acceding to the statute after the deposit of the 60th instrument of ratification, acceptance, approval or accession, the statute shall enter into force on the first day of the month after the 60th day following the deposit by such state of its instrument of ratification, acceptance, approval or accession".
The ICC in the African region is needed in order to consolidate the region. Out of the totality of African states, 30 countries have ratified/acceded the Rome Statute: Benin, Botswana, Burkina Faso, Burundi, Central African Republic, Chad, Congo (Brazzaville) Comoros, Democratic Republic of Congo, Djibouti, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho Liberia, Madagascar, Malawi, Mali, Mauritius, Namibia, Niger, Nigeria, Senegal, Sierra Leone, South Africa, Tanzania, Uganda and Zambia.
According to the UN General Assembly, these are the 30 African countries that are considered as state parties to the Rome Statute of the ICC. Curiously, Cameroon has refused and/or neglected to ratify the Rome Statute. No doubt, Cameroon is a signatory, but has not ratified the statute.
Other countries that have also signed but not ratified the statute are: Algeria, Angola, Cape Verde, Cote d'Ivoire, Egypt, Eritrea, Guinea Bissau, Morocco, Mozambique, Sao Tome and Principe, Seychelles, Sudan and Zimbabwe.
It should be noted that, according to the law of treaties, a state that has signed but not ratified a treaty is obliged to refrain from "acts which would defeat the object and purpose" of the treaty.
However, these obligations do not continue if the state makes it clear that it does not intend to become a party to the treaty.Increased ratification by African countries of the Rome Statute will translate into a stronger voice for the African continent at the ICC and in making the court a truly effective international mechanism for justice and peace.
The ICC is no doubt a historic institution, which would ensure that genocide, crimes against humanity, war crimes and crimes of aggression will no longer remain unpunished.The ICC is complementary to national criminal jurisdictions and will only act when national courts are unwilling or unable to do so.
The court does not have retroactive jurisdiction and is only entitled to investigate acts, which occurred after its entry into force on July 1, 2002.The Rome Statute equally obliges states parties to cooperate with the court in the investigation and prosecution of crimes, including the arrest and surrender of suspects. Part 9 of the statute requires all states parties to "ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this part".
Under the Rome Statute's complementarity principle, states parties also have an obligation to implement national legislation to provide for the investigation and prosecution of crimes that fall under the jurisdiction of the court.
What then is preventing Cameroon from ratifying the Rome Statute? Ratification of the Rome Statute of the ICC is an objective to making the membership in the ICC truly global and universal.
In order for the ICC to succeed, an increasing majority of the world's nations must support the court. Last July, the world celebrated the historic tenth anniversary of the Statute's adoption. Cameroon's accession to the statute would, therefore, be highly symbolic, serving to demonstrate both to the international community and to its citizens that it is committed to protect human rights and strengthen the rule of law.
I am, therefore, respectfully urging the Government of Cameroon to decisively support the inclusion of ICC references in the agreement as well as to take concrete steps towards acceding to this important instrument.
*Barrister-at-Law
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