Feminists Challenge National Sovereignty in International Criminal Court Negotiations

By Austin Ruse

     (NEW YORK – C-FAM) The final preparatory committee (PrepCom) meeting to establish a permanent International Criminal Court (ICC) ends today at UN headquarters in New York City. Culminating many months of work by over 185 national delegations, the PrepCom will send its recommendations to the final treaty negotiations that will convene June 15-July 17 in Rome. If a final treaty is agreed upon there and enough countries subsequently ratify it, a permanent Nuremberg-style tribunal will have been born. 

     The ICC will differ from the existing International Court of Justice, which only adjudicates disputes between countries over issues like border disputes and fishing rights. The ICC will have authority to reach into countries and try individuals in up to four areas: war crimes, crimes against humanity, genocide, and possibly aggression. 

     Most of the final PrepCom's debate has focused not on particular criminal statutes, but on the ICC's independence and make-up. The Women's Caucus for Gender Justice has argued for a completely independent court, rather than one that would report to another body such as the UN Security Council, where all five permanent members–the US, Russia, China, Britain and France–hold vetoes and could halt ideologically-driven prosecutions. 

     The feminists also hope to uncouple the ICC from all existing national courts, creating an entirely independent ICC with latitude to prosecute for "crimes" such as "enforced pregnancy" that are not recognized by national law. Jesse Helms, chairman of the US Senate Foreign Relations Committee, has responded that an ICC lacking a US veto "will be dead on arrival" at his committee. 

     The feminists are equally vociferous regarding the court's make-up. They want "gender balance" in the selection of judges and prosecutors, and the creation of ideologically-staffed court positions like "gender counselor" and "gender legal advisor." 

     The criminal statutes have not been debated at this final preparatory committee meeting because many delegations fear the kinds of proposals that might have been pushed into the draft ICC treaty document by the large contingent of NGOs lobbying in New York. For this reason, an existing clause defining "enforced pregnancy" as a war crime will proceed to the Rome conference. (Sources from within key national delegations confirm that feminists intend to utilize the clause to criminalize any denial of access to abortion.) 

     Several delegates, however, report a groundswell against the "enforced pregnancy" concept, even among the more liberal members of the European Union. They predict the language will be deleted in Rome, where feminist lobbying will be strictly limited. 

     Another critical issue to be decided in Rome is the threshold of ratifying countries needed to bring the ICC into existence. It could be as few as 20 nations, as the feminists wish, or as many at 60. It took 12 years to get the relatively uncontroversial Law of Sea Treaty past its 60-country threshold. A radical ICC might never approach that number.

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