Japan to Join the ICC

Japan to Join the ICC

Important and exciting ICC news to report: Japan’s Cabinet has expressed its desire for Japan to join the ICC. Although the Diet has to pass the necessary legislation, no significant opposition is expected.

The following is an excerpt from the Japan Federation of Bar Associations in favor of the move:

The JFBA adopted the Resolution Calling for Japan’s Proactive Involvement in the ICC on June 21, 2002, urging the Japanese government to immediately accede to the Rome Statute and actively participate in the cooperation of the international community in creating the international criminal justice system including the establishment of the ICC. This was because it is expected that the ICC can, as a new international system, deal effectively with recurring serious human rights violations in armed conflicts and ethnic conflicts, as well as because serious crimes of international concern such as genocide should be strictly brought before an international tribunal under the rule of law.

The JFBA is engaging in the activities of the International Criminal Bar (ICB) as its main member. The ICB was established in 2002 in order to internationally ensure the establishment of status of and the independence of activities of counsels for defendants and victims before the ICC.

When Japan accedes to the Rome Statute, Japan will become the largest financial contributor to the ICC. Japan should consider this as an opportunity to contribute to overall matters of the ICC. As trials progress and tasks expand in the ICC, more and more personnel, including legal practitioners, are wanted. Japan should create an environment to enable Japanese legal practitioners and other specialists to participate in the ICC.

Measures undertaken by the ICC to protect human rights of suspects and defendants, such as attendance of the defense counsel at the questioning and visual/audio recordings of interrogations, are a high standard internationally. In order to cooperate on the ICC, Japan should realize and develop the domestic system by implementing international standards of the criminal justice system.

From the standpoint of the legal profession, the JFBA will provide all possible cooperation in active contribution to be offered by Japan after the accession to the Rome Statute.

As I said, excellent news. Japan’s accession will significantly enhance the overall prestige of the Court.

Up next — with luck: China and India.

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Gavin Whenman

No chance of the US ever joining you think?

Kevin Heller
Kevin Heller

Gavin,

Unlike most, I do think there is a chance. But it won’t be soon — and won’t be until all of the other major holdouts, India and China in particular, join. With luck, once the US is completely alone in its opposition, it will rethink its position.