National Coalition for the International Criminal Court (NCICC), Nepal through its Coordinator Informal Sector Service Centre (INSEC), will involve and engage all stakeholders of the ICC in Nepal leading up from the 10th birthday of the Rome Statute on 17 July 2008. The campaign believes that the Government of Nepal will take a concrete step towards acceding to the Rome Statute, political parties will work jointly for the implementation of their commitment, all stakeholders will be sensitized and the people at large will be made aware of the importance of the ICC.
In 1998, the United Nations General Assembly decided to convene the Rome Conference which adopted the Rome Statute of the ICC. This year the world is celebrating the tenth anniversary of the Rome Statute and will be reviewing the achievements and shortfalls of the court in the fight against internationally established crimes of human rights violations. The adoption of the Statute was a major step of the international community in upholding the rule of law and bringing to justice the perpetrators of most serious crimes identified in the international law, namely the genocide, war crimes, crimes against humanity and crimes of aggression.
Impunity is one of the most serious challenges to sustainable and just peace, and establishment of the rule of law. Nepal has already experienced multifaceted effects of culture of impunity and democratic institutions and practices have time and again been offended by the undemocratic forces. It is also a challenge that the future course of democracy does not recur past grievances of the autocracy and violence but sustains with democratic governance and enjoyment of all human rights. These can be attained by putting an end to impunity.
Interim Parliament of Nepal, on 25 July 2006, made a landmark decision by endorsing a unanimous directive proposal to accede to the Rome Statute. The resolution directs the government accede to the statute, allowing international prosecution of any person committing crime against humanity and other serious offences. Despite various commitments and developments at the parliament and political parties thereafter, the Government of Nepal has not acceded to the Statute. Due to the political condition, the ratification process has been stalled.
The overall strategy of the Campaign involves engagement with various actors, and with the people at large. The Campaign will call on
The Government of Nepal to:
- implement the unanimous resolution of the Interim Parliament by ratifying the Statute without further delay;
- conduct an early review of the laws and regulations and to undertake any necessary amendments or revision in order, as the case may be, to prepare for ratification or to conform with requirements for ratification of the Rome Statute.
The members of Constituent Assembly to:
- pledge to undertake any action and adopt any measure that may encourage government to implement its unanimous resolution by acceding to the Rome Statute of the International Criminal Court to do so as soon as possible.
The international community to:
- express concerns over the delaying response by the Government of Nepal in acceding to the Rome Statute of the ICC and request it to immediately implement the parliamentary motion of 25 July 2006;
- encourage Nepali Constituent Assembly members to have better engagement with the Government for an immediate implementation of the parliamentary motion;
- work together with the members of the Constituent Assembly to facilitate undertaking country-specific strategies that could contribute to the accession to the Statute; and
- establish and strengthen communication with the Government of Nepal regarding immediate accession to and implementation of the Rome Statute.
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