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Hon’ble Mr Justice Tanios El Khoury,President, Supreme Court of Lebanon atthe Conferenceof exercising pressure on the governments to carry them to respect the interests of theman and of humankind. If this last is always received under the angle of positive right, aprostrates of the movement of the governed is likely to orientate international law to anideal of justice of solidarity and security organizations. Amnesty International, Greenpeacecan make states tremble. It is in the same order of ideas one can name judicial initiativeswhere non-state character in favour of rights of people so the court’s rustle on Vietnamcreated in 1966 having held two sessions in Stockholm and Copenhagen and each ofthem gave judgment with an international ringing. Other one court dedicated in LatinAmerica made three decisions concerning responsibility of government in place. We aretherefore at work what they call transnational phenomena. It recalls exchanges leavingprivate initiative across state border lines. International law is perceived exclusively underpressure of facts like a rapport between close entities that are states. There is more.The germs of super-national rights are growing. A part of the power is transferred to the super-national organisms.Undoubtedly this phenomenon is restricted but it is worth being underlined because it can serve for drawing the way offuture in advance. So international alliance on civil and political rights entered on 23rd March 1971 and ratified by 93 statescreated a Committee of Human Rights having almost judicial character. Undoubtedly these findings do not have an obligatoryforce but their authority shows broadly this narrow textual frame so determining infringements can draw appropriateconsequences because it enunciates the obligation of states which is equivalent to condemnation. The Inter-AmericanCourt Article 63 of Convention of American Human Rights can grant a monetary indemnification to the affected party as astopping of the European Court of the Rights of the Man they have one obligatory effect. Even if theoretically they are onlydeclarations the condemned state will have to draw consequences of stopping by taking all measures under the watch ofthe Committee of Ministers. For to be complete, it is necessary to signal that the Court of Strasbourg holds in its decisionsan eminently normative speech, it calls literary of conventions, nor this last is contradicted by different eternal rights. It oftencalls the notion very open of democratic society. Its decisions have a real impact on the evolution of one law that hastouched the entire mankind. The creation of the International Criminal Court by the Convention of Rome represents animportant breakthrough in the sense of the institution of a new international order where not having respect for rule havinguniversal and touching value for the humankind. To speak about super-national rights it is also to recall process ofdemocratization of international organizations, ideas which make this way slowly but surely. Certain international authoritiesare nowadays being elected directly by people such as the European Parliament, the Advisory Assembly of the Council ofEurope, and the Parliament of Latin America. Though these parliamentary institutions are devoid of the decision of enrollmentbut the fact that the community of governed can express itself across them constitutes without doubt a veritable revolutionin the history of international organizations.In conclusion, the international community’s actions in all its aspects appear positive but they remain subject to major preoccupationwith peace and security and of ecology. Since the creation of UNO there have been dozens of war which havecaused the death of seven to ten million people without counting the number of human beings subjected to torment, famineand violence. The arms race always exists and the arms budgets have been augmented inspite of modest prohibitionsthrough Nuclear Treaty 1963 and the Treaty on Proliferation of Nuclear Weapons 1965. Our eco-system is subjected tomore and more vile aggressions. It is therefore necessary to go to the front. Globalism, or Mondialism as we say in French,recommended by some, must necessarily pass across a constituted Confederation of all the States. This resolution if itsucceeds would serve in no way the interest of humankind or that of people because the confederation would be headedby the most powerful states. Resolution is elsewhere. It is in the evolution of the right kind of international public. It must besearched in all directions. It is first necessary to reinforce actions from this organization of governments which is the UNO.True, results from the resolutions of the General Assembly can only pass across state where the least provided and leastarmed have the majority. This can constitute important milestones in development of a right based exclusively on the ideasof equality and justice. This will lead to a growing power of universal human conscience thanks to transnational flexescoming from non governmental organs enjoying a moral prestige accepted universally. The creation of an internationalparliament formed of celebrated persons of the whole world specializing in all fields of knowledge can be envisaged. Itspresence plays an essential role in the promotion of universal human values. The respect of the rule of international law suchas envisioned in Article 51 of the Constitution of India transformed into a true internal right also contributes an importantstage in the sense an international norm will be acknowledged to be obligatory and therefore executable by the judicialauthority of every country. All this is going to converge and all that comes together always goes up. This moment will slowlybut surely accomplish the old prophesy, ‘No one will save the one who to cling to his own wealth has overturned the augustaltar of justice.’ Thank you.--34--
5 th International Conference of Chief Justices of the WorldAddress byHon’ble Madam Justice Anita Usacka (Latvia)Judge, International Criminal Court, The HagueI am pleased to be here today and to address such an honourable audience. As a Judgeof the International Criminal Court, the ICC, I will talk about the contribution that theICC can make to safeguarding children’s right to inherit a safe and healthy ecology. Itruly believe that the ICC’s jurisdiction, its unique structure and the support it receivesfrom a large number of states, allow it to function as an efficient tool for the protection ofthe environment during times of war.The ICC is the first ever permanent, treaty based, international criminal court establishedto promote the rule of law and ensure that the gravest international crimes, such as thecrime of genocide, crimes against humanity, war crimes and the crime of aggression donot go unpunished. The Rome Statute establishing the ICC was adopted in July 1998.Currently 139 States have singed the Statute, while 97 States have ratified it, becomingfull members of the ICC. The main aims of the ICC are a) to put an end to impunity for perpetrator of the previouslymentioned crimes; b) to deter future violations; c) to bring justice to victims; and d) to contribute in maintaining andestablishing peace, security and the well-being of the world.Before I talk about environmental crimes in International Humanitarian Law, I would like to share with you some considerationsregarding the special regime in place before the ICC, taking into consideration the protection of the rights and the interestsof children, who are often those who suffer the most as a consequence of the commission of the crimes within the Court’sjurisdiction.The ICC has no jurisdiction over crimes committed by children under the age of 18 at the time of the alleged commissionof the crime. However, the Rome Statute pays due regard to child specific issues. There are a number of crimes within thejurisdiction of the ICC, which specifically address the protection of children. For example, conscripting or enlisting childrenunder the age of fifteen years into armed forces or groups or using them to participate actively in hostilities constitutes a warcrime. In addition, the Rome Statute enumerates several crimes that, although of general character, are of particularimportance for child protection. These include, for example, the crime of sexual violence. Moreover, the Rome Statute, aswell as the Court’s Rules of Procedure and Evidence establish a system where children appearing before the Court eitheras witnesses or as mere victims receive special protection. This system is aimed at limiting the distress children can sufferduring legal procedures involving the crimes of which they are victims.As it is not realistically feasible to ban wars from this planet, International Humanitarian Law is aimed at preventing meansof total warfare by regulating the conduct of belligerent parties during war.Contemporary conflicts affect not only armed forces of belligerent parties, but also civilian lives, including the lives ofchildren, civilian infrastructure, and last, but not least, the natural environment. While insome instances the devastation of the environment is considered as so called “collateraldamage” of fighting activities, in some cases the natural environment it is the very targetof an attack.Hon’ble Madam Justice Anita Usacka (onleft), Judge, International Criminal Court,The Hague, being received at LucknowAirport upon arrivalHon’ble Madam Justice Anita Usacka(Latvia), Judge, International CriminalCourt, The Hague, addressing theConferenceInternational law prohibits any means of warfare which are planned to cause, or may beexpected (albeit without the intention) to cause serious damage to the natural environment.Thus it is a matter not only of protecting the natural environment against the use ofweapons or techniques deliberately directed against it, but also one of protecting thenatural environment itself.As I have mentioned previously, the ICC has jurisdiction over the crimes that are--35--
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