‘ Establishment of the International Criminal Court (ICC) ‘

#AceHistoryNews – Sept.12: The establishment of the International Criminal Court (ICC) spans over more than a century. The “road to Rome was a long and often contentious one. While efforts to create a global criminal court can be traced back to the early 19th century, the story began in earnest in 1872 with Gustav Moynier – one of the founders of the International Committee of the Red Cross – who proposed a permanent court in response to the crimes of the Franco-Prussian War. The next serious call for an internationalized system of justice came from the draftees of the 1919 Treaty of Versailles, who envisaged an ad hoc international court to try the Kaiser and German war criminals of World War I.

Following World War II, the Allies set up the Nuremberg and Tokyo tribunals to try Axis war criminals.

The UN General Assembly Resolution n. 260 on 9 December 1948, provided for the Convention on the Prevention and Punishment of the Crime of Genocide, and was the first step towards the establishment of an international permanent criminal tribunal with jurisdiction on crimes yet to be defined in international treaties. In the resolution there was a hope for an effort from the Legal UN commission in that direction. The General Assembly, after the considerations expressed from the commission, established a committee to draft a statute and study the related legal issues.

In 1951 a first draft was presented; a second followed during the same year but there were a number of delays, officially due to the difficulties in the definition of the crime of aggression, that were only solved with diplomatic assemblies in the years following the statute’s coming into force. The geopolitical tensions of the Cold War also contributed to the delays.

In June 1989, motivated in part by an effort to combat drug trafficking, Trinidad and Tobago resurrected a pre-existing proposal for the establishment of an ICC and the UN GA asked that the ILC resume its work on drafting a statute. The conflicts in Bosnia-Herzegovina and Croatia as well as in Rwanda in the early 1990s and the mass commission of crimes against humanity, war crimes, and genocide led the UN Security Council to establish two separate temporary ad hoc tribunals to hold individuals accountable for these atrocities, further highlighting the need for a permanant international criminal court.

In 1994, the ILC presented its final draft statute for an ICC to the UN GA and recommended that a conference of plenipotentiaries be convened to negotiate a treaty and enact the Statute. To consider major substantive issues in the draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995.

After considering the Committee’s report, the UN GA created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. From 1996 to 1998, six sessions of the UN Preparatory Committee were held at the United Nations headquarters in New York, in which NGOs provided input into the discussions and attended meetings under the umbrella of the NGO Coalition for an ICC (CICC). In January 1998, the Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional meeting in Zutphen, the Netherlands to technically consolidate and restructure the draft articles into a draft.

Established by the Rome Statute of 1998, the ICC can try cases involving individuals charged with war crimes committed since July 2002. The Security Council, the ICC Prosecutor or a State Party to the court can initiate any proceedings, and the ICC only acts when countries themselves are unwilling or unable to investigate or prosecute.

Despite collective efforts, much remains to be done towards universal ratification of the Rome Statute, the treaty that established the International Criminal Court (ICC), United Nations Secretary-General Ban Ki-moon said recently encouraging Member States to ratify or accede to it.

“I am convinced that the solution of broadening the reach of the Court is not disengagement, but universality,” Mr. Ban told the 12th session of the Assembly of States Parties of the ICC in a <“http://www.un.org/sg/statements/index.asp?nid=7295“>message delivered by Miguel de Serpa Soares, UN Legal Counsel and Under-Secretary-General.

Of the 139 States that signed the ICC’s founding treaty, 31 have yet to ratify it and 43 States have neither signed nor acceded to it.

“Only once the Rome Statute has been universally accepted can the Court be as effective as we would wish it to be, with a truly global reach,” he said in the message.

Beyond the lack of universality, the ICC also faces other challenges, including a struggle for necessary resources and staffing shortages.

The Court also has difficulties bringing the accused to judgement and delivering justice to the victims without undue delay, the UN chief noted in his message.

“It faces the fundamental challenge of upholding the core principles of justice, equality and the rule of law: that the law applies equally to all,” Mr. Ban’s said, adding that the law must also be delivered independently, impartially and in conformity with international human rights law and standards.

Just as importantly, the law must be seen as being so delivered, Mr. Ban highlighted.

He also noted the importance of building effective national justice institutions and dispute mechanisms.

“Our commitment to international criminal justice is not only a commitment to strengthened international cooperation and dialogue, but also to strengthened domestic human rights and rule of law systems,” he added.

“At this difficult moment, we must remain steadfast and ensure that we are on the right side of history,” the Secretary-General said, stressing that as uncomfortable as it might be, “we must address our challenges head on” by encouraging dialogue and remaining true to the principles of the statute.

“This Assembly is the best forum for this dialogue.”

New York, Nov 20 2013  5:00PM

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‘ Money defined as a Currency as Payment for Good derived from the word Fiat originating from Yuan Dynasty ‘ ‘

#AceHistoryNews – Sept.12: Money is any object or verifiable record that is generally accepted as payment for goods and services and repayment of debts in a particular country or socio-economic context.
English: Yuan dynasty banknote with its printing wood plate 1287. An upper line reads: 「至元通行寳鈔」 zhì yuán tōng háng bǎo chāo (Pinyin). A left line ('Phagspa script) reads: jˇi ’ŭen baw č‘aw : to say 「至元寳鈔」. The smaller Chinese characters in the bottom half of the note say "(this note) can be circulated in various provinces without expiration dates. Counterfeiters would be put to death.

English: Yuan dynasty banknote with its printing wood plate 1287. An upper line reads: 「至元通行寳鈔」 zhì yuán tōng háng bǎo chāo (Pinyin). A left line (‘Phagspa script) reads: jˇi ’ŭen baw č‘aw : to say 「至元寳鈔」. The smaller Chinese characters in the bottom half of the note say “(this note) can be circulated in various provinces without end dates. Counterfeiters would be put to death.

The main functions of money are distinguished as: a medium of exchange; a unit of account; a store of value; and, occasionally in the past, a standard of deferred payment.

Any kind of object or verifiable record that fulfils these functions can be considered money.

Money is historically an emergent market phenomenon establishing a commodity money, but nearly all contemporary money systems are based on fiat money.

Fiat money, like any check or note of debt, is without intrinsic use value as a physical commodity. It derives its value by being declared by a government to be legal tender; that is, it must be accepted as a form of payment within the boundaries of the country, for “all debts, public and private”. Such laws in practice cause fiat money to acquire the value of any of the goods and services that it may be traded for within the nation that issues it.
Fiat money is currency which derives its value from government regulation or law. The term derives from the Latin fiat (“let it be done”, “it shall be”). It differs from commodity money and representative money. Commodity money is created from a good, often a precious metal such as gold or silver, which has uses other than as a medium of exchange (such a good is called a commodity), while representative money simply represents a claim on such a good.

The first use of fiat money was recorded in China around 1000 AD. Since then, it has been used continuously by various countries, concurrently with commodity currencies.

The text reads: 除四川外許於諸路州縣公私從便主管並同見錢七百七十陌流轉行使, which essentially means that except in w:Sichuan, the bill may be used in the stead of 77,000 wen of metal coinage.

The text reads: 除四川外許於諸路州縣公私從便主管並同見錢七百七十陌流轉行使, which essentially means that except in w:Sichuan, the bill may be used in the stead of 77,000 wen of metal coinage.

The Song Dynasty in China was the first to issue paper money, jiaozi, around the 10th century AD. Although the notes were valued at a certain exchange rate for gold, silver, or silk, conversion was never allowed in practice. The notes were initially to be redeemed after three years’ service, to be replaced by new notes for a 3% service charge, but, as more of them were printed without notes being retired, inflation became evident. The government made several attempts to support the paper by demanding taxes partly in currency and making other laws, but the damage had been done, and the notes fell out of favour 

The successive Yuan Dynasty was the first dynasty in China to use paper currency as the main circulating medium. The founder of the Yuan Dynasty, Kublai Khan, issued paper money known as Chao in his reign. The original notes during the Yuan Dynasty were restricted in area and duration as in the Song Dynasty.

During the 13th century, Marco Polo described the fiat money of the Yuan Dynasty in his book The Travels of Marco Polo.

The money supply of a country consists of currency (banknotes and coins) and usually includes bank money (the balance held in checking accounts and savings accounts). Bank money, which consists only of records (mostly computerized in modern banking), forms by far the largest part of broad money in developed countries.

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