Promoting peace and justice in the Orient: International Criminal Court President Sang Hyun Song addresses participants of a public lecture entitled, "Peace and Justice in Southeast Asia" on Wednesday at Paramadina University in Jakarta. (JP/R. Berto Wedhatama)

The President of the International Criminal Court (ICC) Song Sang-hyun has expressed disappointment that Indonesia failed to fulfill its pledge to ratify the Rome Statute by the end of 2008.

The Rome Statute is the treaty which established the ICC, a court that prosecutes individuals for genocide, crimes against humanity, war crimes and crimes of aggression.

The ICC currently has 108 member countries, including 14 in Asia.

“We were previously told that Indonesia would ratify the Rome Statute and complete other requirements by the end of last year. I don’t know why it hasn’t happened yet,” Song said at the Paramadina University in South Jakarta, during his first-ever visit to Indonesia.

“That is why I decided to visit Indonesia in addition to Thailand to find out necessary information relating to the delay of the ICC processes,” he added.

President Susilo Bambang Yudhoyono issued Presidential Decree No. 40/2004 on the Human Rights National Action Plan, which mandated that Indonesia would ratify the Rome Statue by the end of 2008.

Song dodged the question of what would happen if Indonesia does not ratify the Rome Statute, saying that he was still optimistic that Indonesia would soon show its commitment to joining the ICC.

“It’s a matter of time, I believe. They said that the Roman Statute might be submitted for ratification in the next batch of legislators. That’s okay. I understand the present Indonesia political situation,” he said.

Song said that because the ICC considers Indonesia to be one of the most influential countries in the world, it should be a part of the ICC.

Chairman of Commission I at the House of Representatives Theo Sambuaga said that the government had not yet sent the ratification bill. “We urge the government to send us the bill so we can ratify it as soon as possible,” he told The Jakarta Post.

Chairman of the National Commission on Human Rights (Komnas HAM), Ifdhal Kasim, said disputes have emerged over the various understandings of ICC.

“The most misleading perception about the ICC is the idea that the court will take over all human rights violation cases. That is absolutely incorrect,” he said, adding that this perception has led to the idea that the ICC would damage Indonesia’s image as an independent and respected state.

“Article 17 of the Roman Statute stipulates that the ICC will take human rights violation cases and suspects to an international court if the suspect’s home country does not implement any human rights trial mechanism,” he continued.

Indonesia has an ad-hoc trial mechanism for human right cases, Kasim explained.

However, a professor of international law from the University of Indonesia, Hikmahanto Juwana, had a different opinion, suggesting that Indonesia is not in a hurry to ratify the Rome Statute.

“The fact is that international crimes are also committed by developed countries. But why does ICC only make demands of developing countries?” (bbs)

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