http://www.fidh.org/article.php3?id_article=1954

29th/09/2004

Morocco / ICC

Fight against impunity, Equity and Reconciliation
Commission and International Criminal Court

In the framework of its campaign for the ratification
of the Rome Statute of the International Criminal
Court (ICC), the International Federation for Human
Rights (FIDH), in partnership with the Moroccan
Association for human rights (AMDH), the Moroccan
Organisation for human rights (OMDH), the Moroccan
Forum for truth and justice (FVJ) and in collaboration
with the Coalition for the International Criminal
Court (CICC), is organizing a round table on � Fight
against impunity, Equity and Reconciliation Commission
and International Criminal Court � with the support of
the European Commission.

The round table will be held at the Farah Hotel of
Rabat from October 1st to 3rd and will gather
international experts, Moroccan legal experts and
human rights activists.

Morocco has started, with the creation of the Equity
and Reconciliation Commission (IER), a process of
transitional justice that is original in the region.
Created in January 2004, the IER is in charge of
bringing a global regulation to the question of the
grave violations of Human Rights committed in Morocco
since 1956 (enforced disappearances and arbitrary
detentions) and to � propose recommendations giving
propositions of measures aiming (...) at guaranteeing
the non repetition of the violations, remedying their
effects re-establishing confidence in law primacy�
(Dahir n� 1.04.42 of 19 safar 1425 (10 April 2004)
approving the Statutes of the Equity and
Reconciliation Commission).

In this framework, the ratification of the
International Criminal Court Statute appears as a
complementary tool for the fight against impunity
aiming at preventing and punishing the gravest crimes
which might be committed in the future.

Today, 97 States have ratified the Statute of the ICC.
Only one State in the region, Jordan, has ratified. In
October 2004, Morocco, which signed the Statute on
September 8th, 2000 but did not ratify yet, is the
target country of the campaign for the universal
ratification of the ICC Statute.

The round table will open on October 1st in the FARAH
hotel at 5:00pm with the representatives of the
organizing associations and in the presence of Mr.
Khalid NACIRI, President of the Human Rights of the
League of Arab States, Mr. Mohamed BOUZOUBAA, Minister
of justice of the Kingdom of Morocco, Mr. Omar
AZZIMAN, President of the CCDH and Mr. Sjoerd
LEENSTRA, Ambassador of the Kingdom of Netherlands in
Morocco (in the name of the Presidency of the European
Union). Then a documentary on the story of the
creation and the installation of the international
criminal Courts, � Le combat des juges �, will be
broadcast. A discussion will follow on the link
between the diverse tools of the fight against
impunity with Mohamed AYAT, Legal adviser in Office of
the ICC Prosecutor for Rwanda, Professor at the
Faculty of Law in Rabat, Driss BENZEKRI, President of
the Equity and Reconciliation Commission and Patrick
BAUDOUIN, Honorary President of the FIDH.

The journalists are invited to attend the opening
session.

Outline of the round table programme

On October 2, the day will be dedicated to the study
of ICC law including crimes, the ICC fundamental
principles, and victims rights. An inventory of the
ratification process and implementation for the ICC
Statute will be presented at an international and
regional scale but also with the exemple of Jordan�
ratification. The need to implement the Statute of
Rome in domestic law and the analysis of the measures
to be adopted by the States Parties to the Statute.
Finally a statement of the campaign anti-ICC lead by
the United States will be presented.

On October 3 the day will be dedicated to the ICC in
the Moroccan context and its link with the Equity and
Reconciliation Commission. Some Moroccan experts will
tackle the challenges for ratification of the ICC
Statute by Morocco. Two Egyptian experts will present
the new book of Professor Cheriff Bassiouni on the
ICC. A panel will deal with the harmonization of the
Moroccan law regarding the ICC Statute. The Sunday
will finish with two workshops to elaborate strategies
respectively on the ratification and the
implementation of the ICC Statute in Morocco.

Concerning the International Criminal Court (ICC) and
the campaign for the universal ratification :

The ICC is the first standing international criminal
jurisdiction which has jurisdiction to judge
individuals charged with genocide, crimes against
humanity and war crimes committed on the territory or
by nationals from States who ratified the Statute of
the Court. The ICC was implemented on July 1st, 2002,
its jurisdiction is not retroactive and is
complementary with the domestic courts. It has
jurisdiction when domestic courts do not want or
cannot act.

The FIDH launched a campaign for the ratification and
the implementation of the International Criminal Court
statute in North Africa and Middle East countries.
Above all, this programme is willing to support and
reinforce the civil society in their efforts for
promoting the ICC in regions where very few States
ratified the Statute. The round table in Rabat is the
third to be organized, after those in Sana�a (Yemen)
and Manama (Bahrain). See the FIDH website
http://www.fidh.org/rubrique.php3?id_rubrique=292.

This campaign is also part of the campaign for the
universal ratification of the ICC coordinated by
Amnesty International and the NGO Coalition for the
ICC (CICC) gathering more than 2000 NGOs worldwide.
For more information on the actions led for the
ratification of the ICC by Morocco see the website of
the CICC
http://iccnow.org/gettinginvolved/actioncalendar.html
and of Amnesty International 
http://web.amnesty.org/web/web.nsf/pages/icc-011004-action-fra.

1- See the report on the regional seminary organised
in partnership with the AMDH, the OMDH and the FVJ,
with the scientific support of the International
Center for Transitional Justice (ICTJ) from March 25
and 27 2004 in Rabat : � Les Commissions de v�rit� et
de r�conciliation : l�exp�rience marocaine �,


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