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Crime of apartheid

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The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court as inhumane acts of a character similar to other crimes against humanity "committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime".

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110-692: On 30 November 1973, the United Nations General Assembly opened for signature and ratification The International Convention on the Suppression and Punishment of the Crime of Apartheid . It defined the crime of apartheid as "inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them". According to Human Rights Watch and legal scholar Miles Jackson, apartheid

220-492: A character similar to those referred to in paragraph 1, committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime. The International Court of Justice in its 2024 case on Israel's occupation of the Palestinian territories , gave an advisory opinion which found that Israel

330-580: A declaration to the ICC accepting the court's jurisdiction over crimes committed on Lebanese territory since 7 October 2023. However, the following month this decision was reversed, and the declaration was not submitted. Malaysia submitted an instrument of accession to the Rome Statute on 4 March 2019, which was to enter into force on 1 June. However, on 29 April 2019, Malaysia submitted a notice withdrawing its instrument of accession effective immediately to

440-640: A declaration was submitted in December 2013 by the Freedom and Justice Party of Egypt seeking to accept jurisdiction on behalf of Egypt. However, the Office of the Prosecutor found that as the party has lost power following the 2013 Egyptian coup d'état that July, it did not have the authority to make the declaration. Of the 139 states that had signed the Rome Statute, 29 have not ratified. According to

550-527: A further 40 countries have signed but not yet ratified the treaty. However, many of the world's most populous nations, including China, India, the United States, Indonesia, and Pakistan are not parties to the court and therefore are not subject to its jurisdiction, except by security council referral. Article II of the ICSPCA defines the crime of apartheid as: For the purpose of the present Convention,

660-456: A majority of United Nations member States or by a single member, as long as a majority concurs. Special sessions typically cover one single topic and end with the adoption of one or two outcome documents, such as a political declaration, action plan or strategy to combat said topic. They are also typically high-level events with participation from heads of state and government, as well as by government ministers. There have been 32 special sessions in

770-719: A modified version of the basic scale, for the costs of peacekeeping operations. The General Assembly is entrusted in the United Nations Charter with electing members to various organs within the United Nations system. The procedure for these elections can be found in Section 15 of the Rules of Procedure for the General Assembly. The most important elections for the General Assembly include those for

880-614: A motion to withdraw from the ICC in protest against the ICC prosecution of Kenyan Deputy President William Ruto and President Uhuru Kenyatta (both charged before coming into office). A mass withdrawal from the ICC by African member states in response to the trial of Kenyan authorities was discussed at a special summit of the African Union in October. The summit concluded that serving heads of state should not be put on trial, and that

990-588: A new bill was put before Parliament to withdraw from the Statute, though this was also withdrawn in March 2023. Following the issuance of ICC arrest warrants for Vladimir Putin and Maria Lvova-Belova of Russia in March 2023, due to the deportation of children from Ukraine to Russia during the Russian invasion of Ukraine , South African president Cyril Ramaphosa declared that his country had decided to withdraw from

1100-777: A number of nations, including Western democracies, have neither signed nor ratified the ICSPCA, including Canada, France, Germany, Israel, Italy, the Netherlands, the United Kingdom, Australia, New Zealand and the United States. In explanation of the US vote against the convention, Ambassador Clarence Clyde Ferguson Jr. said: "[W]e cannot... accept that apartheid can in this manner be made a crime against humanity. Crimes against humanity are so grave in nature that they must be meticulously elaborated and strictly construed under existing international law..." In 1977, Addition Protocol 1 to

1210-406: A party to the treaty," and that "the United States has no legal obligations arising from its signature on December 31, 2000." This letter is sometimes called the "unsigning" of the treaty, but legal opinions on its actual legal effects differ, with some scholars arguing that the president does not have the power to unilaterally "unsign" treaties. The United States "adopted a hostile stance towards

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1320-540: A political tool against weak targets such as the Philippines. The United Nations received the official notification of withdrawal on March 17, 2018; one year later (March 17, 2019), by rule, the Philippines' withdrawal became official. The legal validity of the withdrawal was challenged at the Supreme Court of the Philippines , was dismissed in a unanimous decision for being "moot and academic" two years after

1430-536: A regional group as would be required to bring the number of judges from that group to two. If, however, more than 16 states parties belong to the group, this target is increased to three. The following table lists how many states parties there are from each regional group as of August 2024. After the accession of the Maldives on 1 December 2011, the Asia–Pacific Group became the last regional group to reach

1540-589: A renewable twelve-month period. This was renewed for twelve months in 2003 but the Security Council refused to renew the exemption again in 2004, after pictures emerged of US troops abusing Iraqi prisoners in Abu Ghraib , and the US withdrew its demand. Under the Obama administration , the U.S. did not take moves to ratify the Rome Statute, but did adopt a "cautious, case-by-case approach to supporting

1650-542: A report, In Larger Freedom , that criticized the General Assembly for focusing so much on consensus that it was passing watered-down resolutions reflecting "the lowest common denominator of widely different opinions." He also criticized the Assembly for trying to address too broad an agenda, instead of focusing on "the major substantive issues of the day, such as international migration and the long-debated comprehensive convention on terrorism." Annan recommended streamlining

1760-763: A requirement, on Turkey to join the Court which is supported under the EU's Common Foreign and Security Policy . Turkish Prime Minister Recep Tayyip Erdoğan stated in October 2004 that Turkey would "soon" ratify the Rome Statute, and the Turkish constitution was amended in 2004 to explicitly allow nationals to be surrendered to the Court. However, in January 2008, the Erdoğan government reversed its position, deciding to shelve accession because of concerns it could undermine efforts against

1870-506: A state that is not a party to the Statute may, "by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question." Even if the state that does so is not a State Party to the Statute, the relevant provisions of the statute would still be applicable on the accepting state, but only on an ad hoc basis. To date, the Court has received six article 12(3) declarations. Additionally,

1980-440: Is also prohibited in customary international law although there is still debate as to whether it is criminalized as well. Legal scholars Gerhard Kemp and Windell Nortje noted that in 2021, two individuals (former members of apartheid South Africa's security police ) became the first persons ever to be prosecuted for the crime of apartheid under customary international law. The term apartheid , from Afrikaans for 'apartness',

2090-467: Is compulsory for the Executive. Following a resolution by Parliament requesting that the government ratify the Statute, Narahari Acharya , Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs of Nepal, said in March 2015 that it had "formed a taskforce to conduct a study about the process". However, he said that it was "possible only after promulgating the new constitution", which

2200-573: Is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its 79th session , its powers, composition, functions, and procedures are set out in Chapter IV of the United Nations Charter . The UNGA is responsible for the UN budget, appointing the non-permanent members to the Security Council , appointing

2310-509: Is split into two distinct periods, the main and resumed parts of the session. During the main part of the session, which runs from the opening of the session until Christmas break in December, most of the work of the Assembly is done. This period is the Assembly's most intense period of work and includes the general debate and the bulk of the work of the six Main Committees. The resumed part of the session, however, which runs from January until

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2420-757: The General Assembly Building , within the UN headquarters in New York City. The primary phase of these meetings generally runs from September through part of January until all issues are addressed, which is often before the next session starts. It can also reconvene for special and emergency special sessions. The first session was convened on 10 January 1946 in the Methodist Central Hall in London and included representatives of

2530-518: The Prosecutor , the approval of the Court's budget, and the adoption of amendments to the Rome Statute . There are 125 states parties to the Rome Statute. The Rome Statute 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

2640-406: The UN secretary-general , receiving reports from other parts of the UN system, and making recommendations through resolutions . It also establishes numerous subsidiary organs to advance or assist in its broad mandate. The UNGA is the only UN organ where all member states have equal representation. The General Assembly meets under its President or the UN secretary-general in annual sessions at

2750-720: The Vienna Convention on 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 has "made its intention clear not to become a party to the treaty". Four signatory states (Israel, Russia, Sudan, and the United States) have informed the UN Secretary General that they no longer intend to become parties to

2860-557: The largest suppliers of UN peacekeepers) has, like the United States, expressed reservations about the potential use of politically motivated charges against peacekeepers. South Sudan 's President Salva Kiir Mayardit said in 2013 that the country would not join the ICC. Turkey is currently a candidate country to join the European Union , which has required progress on human rights issues in order to continue with accession talks. Part of this has included pressure, but not

2970-578: The trust territories attained independence and the decolonization movement progressed, the functions of the Special Political Committee were merged into the Fourth Committee during the 1990s. Each main committee consists of all the members of the General Assembly. Each elects a chairman, three vice chairmen, and a rapporteur at the outset of each regular General Assembly session. These are not numbered. According to

3080-545: The war in Darfur , a region of Sudan. Omar al-Bashir , the President of Sudan, was indicted in 2009. On 26 August 2008, Sudan notified the UN Secretary General that it no longer intended to ratify the treaty and therefore no longer bears any legal obligations arising from its signature. Following the 2019 Sudanese coup d'état , Sadiq al-Mahdi a former Prime Minister of Sudan who backs the opposition, called for Sudan to join

3190-604: The 1946-1951 period the General Assembly, the Security Council and the Economic Social Council also conducted proceedings at the United Nations interim headquarters at Lake Success, New York . During this time in 1949, the CBS Television network provided live coverage of these sessions on its United Nations in Action broadcast series which was produced by the journalist Edmund Chester . It moved to

3300-419: The 51 founding nations. Most questions are decided in the General Assembly by a simple majority . Each member country has one vote. Voting on certain important questions—namely recommendations on peace and security; budgetary concerns; and the election, admission, suspension, or expulsion of members—is by a two-thirds majority of those present and voting. Apart from the approval of budgetary matters, including

3410-559: The Asia–Pacific group. Because only a single candidate from that group was nominated in the 2020 election , no minimum voting requirement was applied for the group, and the one nominee was not elected. Article 127 of the Rome Statute allows for states to withdraw from the ICC. Withdrawal takes effect one year after notification of the depositary , and has no effect on prosecution that has already started. As of March 2018 four states have given formal notice of their intention to withdraw from

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3520-429: The Assembly may also take action if the Security Council fails to act, owing to the negative vote of a permanent member , in a case where there appears to be a threat to the peace, breach of the peace or act of aggression. The Assembly can consider the matter immediately with a view to making recommendations to Members for collective measures to maintain or restore international peace and security. The first session of

3630-456: The Court on Africa. Nine out of the ten situations which the ICC has investigated were in African countries. In June 2009, several African states, including Comoros, Djibouti, and Senegal, called on African states parties to withdraw en masse from the statute in protest against the indictment of Sudanese President Omar al-Bashir . In September 2013, Kenya 's National Assembly passed

3740-654: The Court throughout most of the Bush presidency." In 2002, Congress enacted the American Servicemembers' Protection Act (ASPA), which was signed into law on August 2, 2002; the "overriding purpose of the ASPA was to inhibit the U.S. government from supporting the ICC." Major provisions of the ASPA blocked U.S. funding of the ICC and required the U.S. "to enter into agreements with all ICC signatory states to shield American citizens abroad from ICC jurisdiction, under

3850-468: The Court would lead it to reinterpret international law or to "invent new crimes". It cites the inclusion of "the transfer of parts of the civilian population of an occupying power into occupied territory" as a war crime as an example of this, whilst at the same time disagrees with the exclusion of terrorism and drug trafficking. Israel sees the powers given to the prosecutor as excessive and the geographical appointment of judges as disadvantaging Israel which

3960-401: The Court, on the basis that it goes against the sovereignty of nation states, that the principle of complementarity gives the Court the ability to judge a nation's court system, that war crimes jurisdiction covers internal as well as international conflicts, that the Court's jurisdiction covers peacetime crimes against humanity, that the inclusion of the crime of aggression weakens the role of

4070-643: The Elimination of All Forms of Racial Discrimination (ICERD), the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. This definition does not make any difference between discrimination based on ethnicity and race , in part because

4180-566: The European Union (since 1974). Further, the United Nations General Assembly may grant observer status to an international organization or entity, which entitles the entity to participate in the work of the United Nations General Assembly, though with limitations. The agenda for each session is planned up to seven months in advance and begins with the release of a preliminary list of items to be included in

4290-508: The General Assembly and the other principal organs to ensure better coordination on topical issues that required coordinated action by the United Nations, in accordance with their respective mandates. A United Nations Parliamentary Assembly, or United Nations People's Assembly (UNPA), is a proposed addition to the United Nations System that eventually could allow for direct election of UN parliament members by citizens all over

4400-604: The General Assembly simply appointing the candidate that receives the Council's nomination. The United Nations Regional Groups were created in order to facilitate the equitable geographical distribution of seats among the Member States in different United Nations bodies. Resolution 33/138 of the General Assembly states that "the composition of the various organs of the United Nations should be so constituted as to ensure their representative character." Thus, member states of

4510-545: The General Assembly website, the most important are: Other committees of the General Assembly are enumerated . There are six commissions: Despite its name, the former United Nations Commission on Human Rights (UNCHR) was actually a subsidiary body of ECOSOC . There are seven boards which are categorized into two groups: a) Executive Boards and b) Boards The newest council is the United Nations Human Rights Council , which replaced

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4620-591: The General Assembly's agenda, committee structure, and procedures; strengthening the role and authority of its president ; enhancing the role of civil society ; and establishing a mechanism to review the decisions of its committees, in order to minimize unfunded mandates and micromanagement of the United Nations Secretariat . Annan reminded UN members of their responsibility to implement reforms, if they expect to realize improvements in UN effectiveness. The reform proposals were not taken up by

4730-522: The Geneva Conventions designated apartheid as a grave breach of the protocol and a war crime. There are 169 parties to the protocol. The International Criminal Court provides for individual criminal responsibility for crimes against humanity, including the crime of apartheid. The ICC came into being on 1 July 2002, and can only prosecute crimes committed on or after that date. The court can generally only exercise jurisdiction in cases where

4840-552: The ICC in Congress, adopted a new strategy of aggressively pursuing Bilateral Immunity Agreements (BIAs), "which guarantee immunity from ICC prosecution for all American citizens in the country with which the agreement is concluded" rather than just U.S. military forces. "Under the original ASPA, nations who refused to conclude BIAs with the United States were subject to sanctions, including the loss of military aid (though these provisions have since been repealed)." As of December 2006,

4950-454: The ICC" by supporting cases before the ICC. Secretary of State Hillary Clinton stated that the U.S. encouraged "effective ICC action in ways that promote U.S. interests by bringing war criminals to justice." U.S. steps in support of the ICC undertaken under the Obama administration included participating in the annual Assembly of States Parties as an observer; using the U.S.'s permanent seat on

5060-774: The ICC. On 4 August 2021, the Sudanese government approved unanimously a draft bill to join the Rome Statute of the International Criminal Court. Former Senator Kraisak Choonhavan called in November 2006 for Thailand to ratify the Rome Statute and to accept retrospective jurisdiction, so that former premier Thaksin Shinawatra could be investigated for crimes against humanity connected to 2,500 alleged extrajudicial killings carried out in 2003 against suspected drug dealers. The United States signed

5170-421: The ICC. Burundi was the subject of an ongoing preliminary investigation by the ICC at the time. South Africa's exit followed its refusal to execute an ICC warrant for Sudan's al-Bashir when he was in the country. Following The Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh , The Gambia rescinded its withdrawal notification. The constitutionality of South Africa's notice

5280-616: The International Convention on the Suppression and Punishment of the Crime of Apartheid (ICSPCA). The convention has 31 signatories and 107 parties. The convention came into force in 1976 after 20 countries had ratified it. They were: Benin, Bulgaria, Chad, Czechoslovakia , Ecuador, the German Democratic Republic (East Germany), Guinea, Hungary, Iraq, Mongolia, Poland, Qatar, Somalia, Syria, the USSR ,

5390-577: The Kenyan cases should be deferred. However, the summit did not endorse the proposal for a mass withdrawal due to lack of support for the idea. In November the ICC's Assembly of State Parties responded by agreeing to consider proposed amendments to the Rome Statute to address the AU's concerns. In October–November 2016, Burundi, South Africa, and The Gambia all notified the UNSG of their intention to withdraw from

5500-620: The Rome Statute in December 2000 (under President Bill Clinton ), but Clinton decided not to submit the treaty to the United States Senate for ratification, stating: "I will not, and do not recommend that my successor [ George W. Bush ] submit the treaty to the Senate for advice and consent until our fundamental concerns are satisfied." Opponents of the ICC in the U.S. Senate are "skeptical of new international institutions and still jealously protective of American sovereignty"; before

5610-566: The Rome Statute, and as such have no legal obligations arising from their signature. The government of Bahrain originally announced in May 2006 that it would ratify the Rome Statute in the session ending in July 2006. By December 2006, the ratification had not yet been completed, but the Coalition for the International Criminal Court said they expected ratification in 2007. Israel voted against

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5720-691: The Rome Statute, and that “universal participation should be the cornerstone of the International Criminal Court”. In 2004, the President of Indonesia adopted a National Plan of Action on Human Rights, which states that Indonesia intends to ratify the Rome Statute in 2008. This was confirmed in 2007 by Foreign Minister Hassan Wirajuda and the head of the Indonesian People's Representative Council 's Committee on Security and International Affairs, Theo L. Sambuaga. In May 2013, Defense Minister Purnomo Yusgiantoro stated that

5830-500: The Rome Statute, opposition to the ICC was largely headed by Republican Senator Jesse Helms . On May 6, 2002, the Bush administration stated that the U.S. did not intend to become a state party to the ICC; in a letter to Secretary-General of the United Nations Kofi Annan , Under Secretary of State for Arms Control and International Security John Bolton stated that "the United States does not intend to become

5940-522: The Rome Statute. He argued that while the Statute was ratified by the Senate of the Philippines in 2011, it was never published in the Official Gazette of the Philippines , a requirement for penal laws (of which the Rome Statute subscribes as such) to take effect. Hence, he claimed that the Philippines was never a State Party ab initio . Additionally, he stated that the ICC was being utilized as

6050-597: The Secretary General of the United Nations, preventing it from acceding. Prime Minister Mahathir Mohamad explained that the withdrawal was due to concerns over its constitutionality as well as possible infringement of the sovereignty of the Malay Rulers . On 25 July 2006, the Nepalese House of Representatives directed the government to ratify the Rome Statute. Under Nepalese law, this motion

6160-480: The Security Council for two-year terms, 18 members of the Economic and Social Council for three-year terms, and 14–18 members of the Human Rights Council for three-year terms. It also elects the leadership of the next General Assembly session, i.e. the next President of the General Assembly, the 21 vice presidents, and the bureaux of the six main committees. Elections to the International Court of Justice take place every three years in order to ensure continuity within

6270-635: The Security Council if supported by at least seven members, or by a majority of Member States of the United Nations. If enough votes are had, the Assembly must meet within 24 hours, with Members being notified at least twelve hours before the opening of the session. There have been 11 emergency special sessions in the history of the United Nations. The General Assembly subsidiary organs are divided into five categories: committees (30 total, six main), commissions (six), boards (seven), councils (four) and panels (one), working groups, and "other." The main committees are ordinally numbered , 1–6: The roles of many of

6380-450: The U.S. State Department reported that it had signed 102 BIAs. In 2002, the United States threatened to veto the renewal of all United Nations peacekeeping missions unless its troops were granted immunity from prosecution by the Court. In a compromise move, the Security Council passed Resolution 1422 on 12 July 2002, granting immunity to personnel from ICC non-states parties involved in United Nations established or authorized missions for

6490-450: The UN General Assembly was convened on 10 January 1946 in the Methodist Central Hall in London and included representatives of 51 nations. Until moving to its permanent home in Manhattan in 1951, the Assembly convened at the former New York City Pavilion of the 1939 New York World's Fair in Flushing, New York . On November 29, 1947, the Assembly voted to adopt the United Nations Partition Plan for Palestine at this venue. During

6600-611: The UN Security Council to support the referral of cases to the ICC (including Libya in 2011 ); "sharing intelligence on fugitives and providing other substantial in-kind support" to the ICC; and expanding the War Crimes Rewards Program." The first Trump administration strained relations with the ICC, stating it would revoke visas for any ICC staff seeking to investigate Americans for war crimes. Secretary of State Mike Pompeo stated that such revocations could be applied to any staff involved with investigating war crimes committed by Israel or other allied nations as well. On 24 March 2007,

6710-434: The UN Security Council, and that the Prosecutor's right to initiate prosecutions may open the Court to political influence. The government of India has consistently opposed the Court. It abstained in the vote adopting the statute in 1998, saying it objected to the broad definition adopted of crimes against humanity; the rights given to the UN Security Council to refer and delay investigations and bind non-states parties; and

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6820-408: The United Arab Emirates, Tanzania, and Yugoslavia . "As such, apartheid was declared to be a crime against humanity , with a scope that went far beyond South Africa. While the crime of apartheid is most often associated with the racist policies of South Africa after 1948, the term more generally refers to racially based policies in any state." Seventy-six other countries subsequently signed on, but

6930-408: The United Nations World Summit in September 2005. Instead, the Summit solely affirmed the central position of the General Assembly as the chief deliberative, policymaking and representative organ of the United Nations, as well as the advisory role of the Assembly in the process of standard-setting and the codification of international law. The Summit also called for strengthening the relationship between

7040-400: The United Nations are informally divided into five regions, with most bodies in the United Nations system having a specific number of seats allocated for each regional group. Additionally, the leadership of most bodies also rotates between the regional groups, such as the presidency of the General Assembly and the chairmanship of the six main committees. The regional groups work according to

7150-466: The United Nations has evolved over the years; major resolutions on the process include General Assembly resolutions: 41/213 of 19 December 1986, 42/211 of 21 December 1987, and 45/248 of 21 December 1990. The budget covers the costs of United Nations programmes in areas such as political affairs, international justice and law, international cooperation for development, public information, human rights, and humanitarian affairs. The main source of funds for

7260-477: The United Nations, observers in the United Nations General Assembly , or otherwise recognized by the Secretary-General of the United Nations as states with full treaty-making capacities, there are 41 which have neither signed nor acceded to the Statute: Additionally, in accordance with practice and declarations filed with the Secretary-General, the Rome Statute is not in force in the following dependent territories : The People's Republic of China has opposed

7370-422: The Yemeni parliament voted to ratify the Rome Statute. However, some MPs claim that this vote breached parliamentary rules, and demanded another vote. In that further vote, the ratification was retracted. The deadline for signing the Rome Statute expired following 31 December 2000. States that did not sign before that date have to accede to the Statute in a single step. Of all the states that are members of

7480-551: The accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the court by the United Nations Security Council . The ICC exercises complimentary jurisdiction. Many of the member states have provided their own national courts with universal jurisdiction over the same offenses and do not recognize any statute of limitations for crimes against humanity. As of July 2008, 106 countries are states parties (with Suriname and Cook Islands set to join in October 2008), and

7590-443: The adoption of a scale of assessment, Assembly resolutions are not binding on the members. The Assembly may make recommendations on any matters within the scope of the UN, except matters of peace and security under the Security Council 's consideration. During the 1980s, the Assembly became a forum for "North-South dialogue" between industrialized nations and developing countries on a range of international issues. These issues came to

7700-400: The adoption of the Rome Statute but later signed it for a short period. In 2002, Israel notified the UN Secretary General that it no longer intended to become a party to the Rome Statute, and as such, it has no legal obligations arising from their signature of the statute. Israel states that it has "deep sympathy" with the goals of the Court. However, it has concerns that political pressure on

7810-528: The aforementioned UNCHR in March 2006. There are a total of four councils and one panel. There is a varied group of working groups and other subsidiary bodies. Countries are seated alphabetically in the General Assembly according to English translations of the countries' names. The country which occupies the front-most left position is determined annually by the secretary-general via ballot draw. The remaining countries follow alphabetically after it. On 21 March 2005, Secretary-General Kofi Annan presented

7920-616: The auspices of Article 98 of the Rome Statute," which bars the ICC "from prosecuting individuals located on the territory of an ICC member state, where such action by the Court would cause the member state to violate the terms of any other bilateral or multilateral treaty to which it is a party." Traditionally, Article 98 was used in relation to traditional status of forces agreements (SOFAs) and status of mission agreements (SOMAs), in which nations hosting U.S. military personnel by invitation agreed to immunize them from prosecution in foreign courts. The Bush administration, supported by opponents of

8030-623: The authority to make final decisions in some areas such as the United Nations budget. The General Assembly can also refer an issue to the Security Council to put in place a binding resolution. From the First to the Thirtieth General Assembly sessions, all General Assembly resolutions were numbered consecutively, with the resolution number followed by the session number in Roman numbers (for example, Resolution 1514 (XV) , which

8140-438: The beginning of the following sessions. The General Assembly votes on many resolutions brought forth by sponsoring states. These are generally statements symbolizing the sense of the international community about an array of world issues. Most General Assembly resolutions are not enforceable as a legal or practical matter, because the General Assembly lacks enforcement powers with respect to most issues. The General Assembly has

8250-502: The beginning of the new session, includes more thematic debates, consultation processes and working group meetings. The general debate of each new session of the General Assembly is held the week following the official opening of the session, typically the following Tuesday, and is held without interruption for nine working days. The general debate is a high-level event, typically attended by Member States' heads of state or government , government ministers and United Nations delegates. At

8360-485: The consensus principle. Candidates who are endorsed by them are, as a rule, elected by the General Assembly in any subsequent elections. The General Assembly meets annually in a regular session that opens on the third Tuesday of September, and runs until the following September. Sessions are held at United Nations Headquarters in New York unless changed by the General Assembly by a majority vote. The regular session

8470-490: The context of armed hostilities in eastern Ukraine". In response, a presidential decree by Russian President Vladimir Putin approved "sending the Secretary General of the United Nations notice of the intention of the Russian Federation to no longer be a party to the Rome Statute". Formal notice was given on 30 November 2016. Sudan signed the Rome Statute in 2000. In 2005 the ICC opened an investigation into

8580-463: The country's official withdrawal from the tribunal. Bongbong Marcos , Duterte's successor as President, has stated that the country "has no intention of rejoining the ICC". However, the Philippines government has also confirmed that it would extradite Duterte to the ICC if the matter is transferred to Interpol. Pursuant to article 12(3) of the Rome Statute of the International Criminal Court ,

8690-697: The course of just three months; however, additional workloads have extended these sessions until just short of the next session. The routinely scheduled portions of the sessions normally commence on "the Tuesday of the third week in September, counting from the first week that contains at least one working day," per the UN Rules of Procedure. The last two of these Regular sessions were routinely scheduled to recess exactly three months afterward in early December but were resumed in January and extended until just before

8800-415: The court. In these elections, five judges are elected for nine-year terms. These elections are held jointly with the Security Council, with candidates needing to receive an absolute majority of the votes in both bodies. The Assembly also, in conjunction with the Security Council, selects the next secretary-general of the United Nations. The main part of these elections is held in the Security Council, with

8910-483: The distinction between the two remains debatable among anthropologists . Similarly, in British law the phrase racial group means "any group of people who are defined by reference to their race, colour, nationality (including citizenship) or ethnic or national origin". Article 7 of the Rome Statute of the International Criminal Court defines the crime of apartheid as: The 'crime of apartheid' means inhumane acts of

9020-453: The fore because of the phenomenal growth and changing makeup of the UN membership. In 1945, the UN had 51 members, which by the 21st century nearly quadrupled to 193, of which more than two-thirds are developing countries . Because of their numbers, developing countries are often able to determine the agenda of the Assembly (using coordinating groups like the G77 ), the character of its debates, and

9130-417: The forms of cooperation which are specified under this Part”. Under the Rome Statute's complementarity principle , the Court only has jurisdiction over cases where the relevant state is unwilling or unable to investigate and, if appropriate, prosecute the case itself. Therefore, many states parties have implemented national legislation to provide for the investigation and prosecution of crimes that fall under

9240-413: The general debate, Member States are given the opportunity to raise attention to topics or issues that they feel are important. In addition to the general debate, there are also many other high-level thematic meetings, summits and informal events held during general debate week. Special sessions, or UNGASS, may be convened in three different ways, at the request of the Security Council, at the request of

9350-601: The government had decided not to join for now. The Coalition for the International Criminal Court claimed this was due in part to " intense pressure " from the United States, who feared it could result in the prosecution of Israelis in a future conflict. Following the outbreak of the Israel–Hamas war which triggered clashes between Israel and the Lebanese armed group Hezbollah, in April 2024 Lebanon's cabinet decided to submit

9460-568: The government needed "more time to carefully and thoroughly review the pros and cons of the ratification". In February 2005, the Iraqi Transitional Government decided to ratify the Rome Statute. However, two weeks later they reversed this decision, a move that the Coalition for the International Criminal Court claimed was due to pressure from the United States . In March 2009, Lebanese Justice Minister said

9570-524: The history of the United Nations. If the Security Council is unable, usually due to disagreement among the permanent members, to come to a decision on a threat to international peace and security, then emergency special sessions can be convened in order to make appropriate recommendations to member states for collective measures. This power was given to the Assembly in Resolution 377(V) of 3 November 1950. Emergency special sessions can be called by

9680-451: The jurisdiction of the Court. As of April 2006, the following states had enacted or drafted implementing legislation: The number of states parties from the several United Nations regional groups has an influence on the regional minimum voting requirements during elections of judges. Paragraph 20(b) of the procedure for the nomination and election of judges of the Court states that each Party must vote for at least as many candidates from

9790-558: The main committees have changed over time. Until the late 1970s, the First Committee was the Political and Security Committee and there was also a sufficient number of additional "political" matters that an additional, unnumbered main committee, called the Special Political Committee, also sat. The Fourth Committee formerly handled Trusteeship and Decolonization matters. With the decreasing number of such matters to be addressed as

9900-412: The nature of its decisions. For many developing countries, the UN is the source of much of their diplomatic influence and the principal outlet for their foreign relations initiatives. Although the resolutions passed by the General Assembly do not have binding forces over the member nations (apart from budgetary measures), pursuant to its Uniting for Peace resolution of November 1950 (resolution 377 (V)),

10010-433: The organization. The Charter of the United Nations gives responsibility for approving the budget to the General Assembly (Chapter IV, Article 17) and for preparing the budget to the secretary-general, as "chief administrative officer" (Chapter XV, Article 97). The Charter also addresses the non-payment of assessed contributions (Chapter IV, Article 19). The planning, programming, budgeting, monitoring, and evaluation cycle of

10120-612: The permanent Headquarters of the United Nations in New York City at the start of its seventh regular annual session, on 14 October 1952. In December 1988, in order to hear Yasser Arafat , the General Assembly organized its 29th session in the Palace of Nations , in Geneva , Switzerland. All 193 members of the United Nations are members of the General Assembly, with the addition of the Holy See and Palestine as observer states as well as

10230-472: The provisional agenda. This is refined into a provisional agenda 60 days before the opening of the session. After the session begins, the final agenda is adopted in a plenary meeting which allocates the work to the various main committees, who later submit reports back to the Assembly for adoption by consensus or by vote. Items on the agenda are numbered. Regular plenary sessions of the General Assembly in recent years have initially been scheduled to be held over

10340-437: The regular budget is the contributions of member states. The scale of assessments is based on the capacity of countries to pay. This is determined by considering their relative shares of total gross national product, adjusted to take into account a number of factors, including their per capita incomes. In addition to the regular budget, member states are assessed for the costs of the international tribunals and, in accordance with

10450-424: The statute, although two rescinded the notification before it came into effect. Several states have argued that the ICC is a tool of Western imperialism , only punishing leaders from small, weak states while ignoring crimes committed by richer and more powerful states. This sentiment has been expressed particularly by African states, 34 of which are members of the ICC, due to a perceived disproportionate focus of

10560-508: The term 'the crime of apartheid', which shall include similar policies and practices of racial segregation and discrimination as practiced in southern Africa, shall apply to the following inhumane acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them: According to the United Nations Convention on

10670-437: The territory of Crimea and Sevastopol factually amounts to an on-going state of occupation" and that "information, such as reported shelling by both States of military positions of the other, and the detention of Russian military personnel by Ukraine, and vice-versa, points to direct military engagement between Russian armed forces and Ukrainian government forces that would suggest the existence of an international armed conflict in

10780-431: The territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and

10890-411: The threshold size of 17 members, just in time to increase the minimum voting requirement for this group in the 2011 election . Since then, the target for the regional minimum voting requirement has remained at three for all regional groups. This has resulted in at least three judges from each regional group sitting on the bench except during the term from 2020 to 2023, when there were only two judges from

11000-555: The treaty to allow Putin to visit their country without risk of arrest for the upcoming 2023 BRICS summit hosted in South Africa. However, it was subsequently clarified that such a decision had not been made. On March 14, 2018, Rodrigo Duterte , the Philippine President who was under preliminary examination by the ICC for his controversial war on drugs campaign , announced that the country would withdraw from

11110-774: The upcoming President of the General Assembly , the Security Council , the Economic and Social Council , the Human Rights Council , the International Court of Justice , judges of the United Nations Dispute Tribunal , and United Nations Appeals Tribunal . Most elections are held annually, with the exception of the election of judges to the ICJ, which happens triennially. The Assembly annually elects five non-permanent members of

11220-465: The use of nuclear weapons and other weapons of mass destruction not being explicitly criminalized. Other anxieties about the Court concern how the principle of complementarity would be applied to the Indian criminal justice system , the inclusion of war crimes for non-international conflicts, and the power of the Prosecutor to initiate prosecutions. Indonesia has stated that it supports the adoption of

11330-739: The world. States Parties to the Rome Statute of the International Criminal Court The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified , or have otherwise become party to, the Rome Statute . The Rome Statute is the treaty that established the International Criminal Court , an international court that has jurisdiction over certain international crimes, including genocide , crimes against humanity , and war crimes that are committed by nationals of states parties or within

11440-534: Was being debated by the 2nd Nepalese Constituent Assembly . Pakistan has supported the aims of the International Court and voted for the Rome Statute in 1998. However, Pakistan has not signed the agreement on the basis of several objections, including the fact that the Statute does not provide for reservations upon ratification or accession, the inclusion of provisional arrest, and the lack of immunity for heads of state. In addition, Pakistan (one of

11550-614: Was challenged by the Democratic Alliance opposition party, which argued that the approval of parliament was required and not sought. The High Court of South Africa ruled in February 2017 that the government's notification was not legal, and it was required to revoke the notice effective 7 March 2017. A parliamentary bill on ICC withdrawal was subsequently withdrawn by the government. The governing African National Congress party continued to support withdrawing, and in 2019

11660-598: Was condemned internationally as unjust and racist and many decided that a formal legal framework was needed in order to apply international pressure on the South African government. In 1971, the Soviet Union and Guinea together submitted early drafts of a convention to deal with the suppression and punishment of apartheid. In 1973, the General Assembly of the United Nations agreed on the text of

11770-470: Was in breach of Article 3 of International Convention on the Elimination of All Forms of Racial Discrimination , including "racial segregation and apartheid". HRW declared that "World Court Finds Israel Responsible for Apartheid". United Nations General Assembly For two articles dealing with the membership of and participation in the General Assembly, see: The United Nations General Assembly ( UNGA or GA ; French: Assemblée générale , AG )

11880-816: Was prevented from joining any of the UN Regional Groups . At a conference in 2007, the Kuwaiti Bar Association and the Secretary of the National Assembly of Kuwait , Hussein Al-Hereti, called for Kuwait to join the Court. Russia signed the Rome Statute in 2000. On 14 November 2016 the ICC published a report on its preliminary investigation of the Russo-Ukrainian War which found that "the situation within

11990-654: Was the 1514th numbered resolution adopted by the Assembly and was adopted at the Fifteenth Regular Session (1960)). Beginning in the Thirty-First Session, resolutions are numbered by individual session (for example Resolution 41/10 represents the 10th resolution adopted at the Forty-First Session). The General Assembly also approves the budget of the United Nations and decides how much money each member state must pay to run

12100-569: Was the official name of the South African system of racial segregation which existed after 1948. Complaints about the system were brought to the United Nations as early as 12 July 1948 when Padmanabha Pillai, the representative of India to the United Nations, circulated a letter to the secretary-general expressing his concerns over treatment of ethnic Indians within the Union of South Africa . As it became more widely known, South African apartheid

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