5. Other United Nations procedures 5.1 International Criminal Courts In 1948, the Convention on the Prevention and Punishment of the Crime of Genocide anticipated the existence of an international penal tribunal (Article VI) as well as jurisdiction for the International Court of Justice in disputes between states parties (Article IX). However, it was not until July 1998, in Rome, that the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court adopted a statute of a permanent International Criminal Court (ICC). The Rome statute entered into force on 1 July 2002 creating the ICC with jurisdiction over genocide, crimes against humanity and war crimes, taking place on or after that date. The statute envisages that the ICC will also have jurisdiction over the crime of aggression, once states parties have agreed a definition. The ICC is an independent international institution established by treaty, but has formed ties to the UN. Victims, or civil society organizations representing them, can bring evidence of crimes to the office of the Prosecutor at the ICC to encourage the start of proceedings. Victims can also participate in the proceedings, and have a right to reparation. National laws are expected to provide for extradition, prosecution and punishment when the international community has criminalized certain behaviour. When the national response to such crimes is totally inadequate, as in Rwanda and the former Yugoslavia, the UN Security Council (SC) has, in the past, established International Criminal Tribunals (ICTs – based in Arusha and The Hague, respectively). The SRs with mandates for Rwanda and for the former Yugoslavia have strongly supported the two ICTs and have collaborated in the collection of evidence, testimonies and other relevant information. The SC could create other ad hoc international tribunals (for example in respect of states which are not party to the ICC statute), or help in the establishment of mixed tribunals combining elements of national and international law (as in the recent case of Sierra Leone). Crimes against humanity (falling under the jurisdiction of all these tribunals) have often been targeted against specific ethnic or religious groups, and genocide and persecution in particular are crimes that relate to the physical protection of minorities as a group. As such, the establishment of the ICC should have a positive impact in the drive for increased respect for minority rights. 36 For more information on the ICC, see: http:// www.icc-cpi.int/php/index.php. For information relating to the ICT for Rwanda, see: http://www.ictr.org and for the ICT for the former Yugoslavia, see: http:// www.un.org/icty. 5.2 Good offices The UN Secretary-General, the UN High Commissioner for Human Rights and Directors-General of UN specialized agencies can undertake ‘good offices’ for the sake of minority groups in distress. Good office actions are undertaken confidentially, that is by way of quiet diplomacy, and the UN will not publish the results, although the parties may choose to do so. All it takes is a letter to one of the officials with a detailed and well-prepared factual account, identification of the human rights standards being violated, elaboration of the urgency involved, and an explanation of the unavailability or unsuitability of existing international monitoring procedures. Good offices are advantageous in terms of speed, with action following within days or weeks, and in terms of their effect, because many countries are likely to respond positively to quiet diplomacy rather than suffer the public embarrassment associated with other monitoring procedures. One UN contribution in this context is in bringing the parties together, that is the government and, for example, the minority group. This role may or may not involve active UN participation in the contacts between the parties. It may be assumed that good office actions related to minority rights take place from time to time. 5.3 Research Within the UN, various bodies in the field of human rights work prepare research reports which frequently contribute to policy-making activities. Foremost among these are the research rapporteurs and working groups established by the Sub-Commission (not to be confused with the SRs, and working groups of the Commission and their investigative functions). The research rapporteurs and the working groups are made up of experts drawn from the membership of the Sub-Commission. Similar think-tank services are provided by the UN secretariat, which may on its own initiative or at the request of other UN bodies present reports or surveys on a variety of human rights issues. MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS