Charnchao urges caution in handing protest case to ICC

Charnchao urges caution in handing protest case to ICC

The red shirts' goal for the International Criminal Court (ICC) to take jurisdiction over the 2010 clashes between security forces and red-shirt protesters may not be easily achieved, deputy justice permanent secretary Charnchao Chaiyanukit said. Speaking to KING-OUA LAOHONG, he cautioned the government against rushing into a decision to invite the ICC's authority into the country.

Charnchao: Court provides peace of mind

Why was the meeting of 18 agencies in the committee considering the Rome Statute of the International Criminal Court held in such perceived haste on Thursday?

We need to explain this first. Thailand signed the ICC treaty on Oct 2, 2000, but has not yet ratified it. The committee considering the Rome Statute was established to weigh up the pros and cons, any necessity and the legality of becoming a signatory. The panel also looked at how the issue will affect any changes to be made to the country's laws. But now, 19 meetings later, the committee has still not yet come to any conclusions.

The ICC's jurisdiction has been discussed for a full 10 years. What's next?

The foreign minister has said the issue has been revived and the reason for this is mainly because the country has signed the treaty. The questions now have to do with what [legal] changes we need to make. But that remains debatable. The committee must now go back and mull over the various details carefully in a well-rounded manner.

Has the ICC jurisdiction issue been brought back for consideration because Weng Tojirakarn, a co-leader of the red-shirt United Front for Democracy against Dictatorship, has asked the court to investigate the deaths in the 2010 protests?

Mr Weng might see the ICC as another avenue to petition for justice. In principle, the petition is submitted by the political branch and the ICC will decide whether to admit the case. That is according to the Rome Statute. It is separate from the issue of Section 190 of the constitution which requires the government to seek parliament's approval for any treaty and agreement. Although the Rome Statute allows the political branch to unilaterally file the petition, the government must think carefully before acting.

What are some of the benefits of ratifying the ICC treaty?

The ICC is a mechanism that complements the criminal justice system of a country with regards to the adjudication of four felonies - crimes of genocide, crimes against humanity, war crimes and crimes of aggression. If the justice system of a country is flawed and cannot function effectively or functions below an internationally acceptable standard, the ICC will step in and work in parallel with the country's justice system.

The good thing about the ICC is that it guarantees respect for rights and the freedom of citizens. In grave situations, it can give the people peace of mind that apart from the country's own justice system, there is the ICC which assumes a complementary role in delivering justice. Having said that, it doesn't mean when criminal cases arise, the ICC can intervene immediately. The ICC's entry implies the country's justice system is faulty.

If justice can still run its proper course, the ICC will not get involved.

Are the 2010 clashes at Ratchaprasong admissible as a crime against humanity?

A crime against humanity means any action as part of a wider, systematic attack with the politically motivated aim to harm the citizens or intimidate or destroy particular groups of people. Whether the 2010 incident qualifies is up to the facts in the case.

What should the government be cautious about in ratifying the ICC treaty?

We should develop the criminal justice system and the agencies responsible for protecting the rights and freedom must remain steadfast about their duties.

The independence of the judiciary must be upheld while the prosecutors, the court and the police must do their job impartially and reject corruption. Today, our justice system is still effective and meets international standards.

The facts behind any event such as the 2010 clashes, as well as the pros and cons, must be studied before we accept the ICC jurisdiction. We must be most thorough with this.

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