Kvinna till Kvinna Calls on Civil Society in Sweden to Action

Stockholm November 5, 2002

We at Kvinna till Kvinna are closely following the process of nominating judges and prosecutors to the International Criminal Court.  This is a unique opportunity to assure an even gender balance on the court from its very inception and thereby increase the possibility of establishing a court that ascertains a space for women's experiences.   Now, with a November 30th deadline for all nominations quickly approaching, we worry that not enough is being done to achieve a fair representation of both men and women on the court (according to paragraph 26(8)(a) of the Rome statute).

Without fair gender representation in international and regional courts and tribunals, women's knowledge and experience is easily marginalized.  We have seen this happen both in the International Tribunal for the Former-Yugoslavia and Rwanda.  The Rome Statute is the first international treaty to specifically address crimes committed only or disproportionately against women.  Crimes such as forced pregnancy and sexual assault including rape have been deemed as crimes against humanity and acts that can be used to commit genocide by the Stature and will therefore fall under the jurisdiction of the ICC.  To best implement the Rome Statute, it is necessary that Court has a staff that is both knowledgeable and experienced in working directly with the aforementioned crimes.

In September 2002, the Assembly of State Parties (ASP), the Court's governing body, met in New York to adopt instruments ensuring the Court's operation.  At this meeting, the ASP set the process for the nomination of candidates to become judges and prosecutors on the Court.  Considerations and standards  for what state parties nominating candidates should keep in mind was already set out in the Rome Statute, including a fair representation of 1) the principal legal systems of the world, 2) geographical regions, 3) female and male judges.

When the nomination process was officially declared open in September, ensuring an even gender representation on the Court became the responsibility of the member states who are to bring forth competent nominations.  More than one hundred countries have a right to participate in the nominations process and it is highly surprising that only five women have been nominated to date (November 12).  We are particularly disappointed that the Swedish Foreign Ministry has not taken a more active role in ensuring that there is a fair gender distribution on the Court by nominating a competent and experienced woman.

The Rome Statute is the first international treaty that seriously addresses the equal participation of men and women in international law.  As each country is allowed to nominate one candidate under the provision of the Statute, we urge the Swedish Foreign Ministry to take this opportunity and nominate a candidate, which demonstrates Sweden's commitment to ensuring the establishment of a Court with an even gender balance of both men and women.  There is no legitimate argument against nominating more candidates; rather, a larger pool of candidates ensures greater possibilities to identify competent candidates.  To ensure that this happens, we urge that without delay you:

1. Follow the developments of nominations to the Court; news are posted at both www.iccwomen.org and www. iccnow.org,

2. Lobby the Swedish government directly, specifically the State Department, and voice your concern that not enough women are being nominated to the post of judges and call on them to lift forth a competent female candidate, with strong knowledge and experience in the field of crimes against women,

3. If your organisation has an international network, contact your country offices and urge them to hold their governments responsible to the tenants of the Rome Statute that ensure an gender balance on the Court,

4. Voice the need for an equal gender balance and fair representation on the ICC by publishing information on your website, contacting the media, and informing your members of developments.

The Rome Statute is the first international agreement that demands that women should be able to play a role in developing international law.  The responsibility of enacting the Rome Statute is now in the hands of the countries that have ratified the Statute, and we must ensure that they are held responsible for ensuring that both men and women are nominated to the Court.