Hej
Här är lite om dom möjligheter Thailand har att få ICC att ta upp anmälan hos ICC mot Abhisit, enligt Robert Amsterdam finns det några alternativ http://robertamsterdam.com/Thailand/2012/11/01/understanding-the-icc-application-faq/.
Nr 1. Att man kan driva ärendet enligt Article 12. 2(
(of the Rome Statute) eftersom han är en Brittisk medborgare och Storbritannien är anslutna till ICC.
Nr 2. Att en stat kan ge ICC tillstånd att utreda ett specifikt fall enligt Article 12.3, och Thailands regering överväger just nu att ge ICC tillstånd att utreda brott mot mänskligheten under 2010.
Understanding the ICC Application: FAQ
Thailand’s Minister of Foreign Affairs, Surapong Tovichakchaikul is to meet with the chief prosecutor of the International Criminal Court (ICC), Fatou Bensouda, today to discuss the possibility of opening an investigation into the protests of April-May 2010.
Below are answers to frequently asked questions about the possibility of Thailand extending jurisdiction to the ICC.
Frequently Asked Questions:
Question: What is the ICC and why is the prosecutor in Thailand?
Answer: The ICC is located in The Hague. The ICC is established by a treaty known as the Rome Statute of the ICC. One hundred twenty-one countries have joined the treaty. Thailand has signed, but not ratified the Rome Statute. Thailand is therefore not a party to the treaty.
UDD lawyer Robert Amsterdam filed an application with the Prosecutor of the ICC on January 30 2011, requesting a preliminary investigation into the protests that occurred in Thailand between April-May 2010, where 98 civilians were killed and thousands injured.
The application alleges that crimes against humanity were committed against civilian protesters. Although the ICC has jurisdiction over genocide, war crimes and crimes against humanity, only crimes against humanity are alleged in the application relating to Thailand. There is no basis to allege genocide or war crimes.
Question: Since Thailand is not a party to the ICC treaty, how could the ICC investigate alleged crimes against humanity in Thailand?
Answer:
In this case, the ICC’s jurisdiction can be established in two ways:
First, the ICC can exercise its jurisdiction ratione personae over Prime Minister Abhisit Vejjajiva, under Article 12. 2(
of the Rome Statute, as he is a citizen of the United Kingdom, which is a state party to the ICC.
Second, Article 12.3 allows a State not party to the treaty, such as Thailand, to accept ICC jurisdiction over a particular situation on an ad hoc basis, by depositing a Declaration with the ICC. The Thai Government is currently considering whether to make a Declaration accepting ICC jurisdiction over the crimes against humanity allegedly committed in 2010.
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