In a bid to give impetus to Taiwan's efforts to become a member of the International Criminal Court, local non-governmental organizations have formed an alliance and elicited the support of newly appointed Minister of Foreign Affairs Mark Chen (
The Taiwan Coalition for an International Criminal Court (TCICC) hopes that the combined hard work of the government and the public will enable the country to become a member during President Chen Shui-bian's (
"The International Criminal Court was established on July 17, 2002, in accordance with the Rome Statute, and it currently has 94 member countries, but China and the United States have not joined," said Dan Tsai (
"It means that we would have a better chance of joining the top international non-governmental organization if we use the name `Republic of China' or even simply `Taiwan,' and directly apply for membership," Tsai said. "Beijing can bring no pressure to bear."
He explained that the US has not yet joined because it fears that its diplomatic and judiciary officials could be asked to get involved in all cases dealt with by the International Criminal Court, a concern which Tsai said does not sit comfortably with its military strategy in the new world order.
Nonetheless, Tsai pointed out, the Bill Clinton administration had signed the Rome Statute on Dec. 21, 2000.
"At the same time, South Korea, to strengthen its guard against the possibility of a North Korean nuclear strike, is already a member of the International Criminal Court, and the US did not oppose this," Tsai said.
He said that if Taiwan were to join the International Criminal Court, it would not only enhance the country's global visibility and give it more room to maneuver in the international arena, but would also grant it the protection of international law and help to contain "foreign threats to use military force or preparations to use military force to invade Taiwan's territory either to annex it completely or otherwise violate our independence and sovereignty."
"Also, for example, say an international criminal or a witness in an important case were to come to Taiwan -- we currently have no laws establishing norms about how this should be handled, how protection would be provided and how to cooperate with other countries in the matter. If we join the International Criminal Court, however, we will become part of an international network against international crime," Tsai said.
Toward the end of the 1990s over a thousand international non-governmental organizations put pressure on all countries to raise proposals at the UN for the establishment of an international criminal court.
On July 17, 1998, the UN approved the Rome Statute for the International Criminal Court, and on July 1, 2002, that statute came into effect when the International Criminal Court was formally inaugurated in the Hague in the Netherlands.
"The International Criminal Court is an independent judicial organization founded under the legal auspices of the UN, but not operating under the jurisdiction of the UN. For that reason, obstacles to Taiwan's entry, unlike those in the case of the World Health Organization or the UN itself, are relatively few," said the TCICC's chairman, Lee Shen-hsiung (李勝雄).
Lee, a human rights lawyer and former secretary general of the Taiwan Independence Party, said that the International Criminal Court's authority over the judicial organizations of member countries was only of a supplementary nature, meaning that "only when the member country's judicial system is unable or unwilling to act in a serious criminal case will the International Criminal Court intervene."
"For example, if there were an ethnic massacre in a country, an incident of political oppression, such as Taiwan's 2-28 or Kaohsiung Incidents, or a crime committed by an occupying force, such as the Nanking Massacre and other crimes committed during World War II, the International Criminal Court could conduct a trial and, even if it were unable to punish the culprits, it could, by the force of its influence and the due process involved in its trials, ensure that the truth is placed on the record for posterity, so that the subsequent distribution of power takes account of it," Lee said.
Currently the International Criminal Court hears, tries and punishes individual perpetrators in four categories of serious crimes -- genocide, crimes against humanity, war crimes and international aggression.
The TCICC has existed for more than a year and has vigorously advocated its position within the president's human rights task force.
Foreign minister Mark Chen has expressed great interest in the group's ideas since his appointment. Last Monday he convened a high-level meeting to listen to a report by representatives of the TCICC.
After learning more about the coalition's campaign, National Security Council Senior Advisor Lai Hsin-yuan (
"The two principal steps to Taiwan's membership of the International Criminal Court are, first, that we amend our crime code and related laws to bring them in line with the Rome Statute and, second, that the Executive Yuan approves and signs the Rome Statute and that the president then formally promulgates it. This will mean that Taiwan has met the legal requirements to apply for membership," Lai said.
Lai was the crucial leader behind Taiwan's successful bid to enter the WTO and has been the primary coordinator of Taiwan's affairs in relation to APEC. He believes that the government should organize a special task force capable of bringing influence to bear on the Ministry of Foreign Affairs, civil groups, the National Security Council, the Ministry of Justice and other relevant departments, in order to open channels between Taiwan's non-governmental organizations and the International Criminal Court.
"Although China is not yet a member of the International Criminal Court, it has recently been sending people to attend and monitor international forums and meetings concerning the International Criminal Court. This is a global trend. The International Criminal Court is one of Taiwan's best routes on which to seek international assistance to resist military incursion by China. We must succeed in joining it before Beijing does," Tsai said.
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