On Monday, 13th June 2011, the Ministry of Foreign Affairs, in collaboration with the Thai Red Cross Society, held the Fifth Princess Maha Chakri Sirindhorn Lecture on International Humanitarian Law at the Mandarin Oriental Hotel in Bangkok. Her Royal Highness Princess Maha Chakri Sirindhorn, as Executive Vice-President of the Thai Red Cross Society, presided over the Lecture. In this regard, approximately 300 persons attended the Lecture, namely Ministers, Heads of the diplomatic corps, Members of Parliament, high-ranking public officials, representatives of international organizations and non-governmental organizations, university professors and students from the Royal Thai Army schools, Royal Police Cadet Academy and the media. On this occasion, Mr. Richard Joseph Goldstone, Eminent Judge of the Supreme Court of South Africa, was invited to deliver a speech on the topic of “The International Criminal Court: an Indispensable Mechanism for Prosecution of Violations of International Humanitarian Law”.
Justice Richard Joseph Goldstone, who had been involved in the establishment of the International Criminal Court (ICC), spoke of the importance of the ICC as representing the culmination of the evolution of international criminal law since the foundation of the Military Tribunal at Nuremburg, which as a permanent court, has eventually replaced the ad hoc international criminal tribunals. The ICC has jurisdiction over crimes committed in violation of international humanitarian law (IHL) under the four universally-ratified Geneva Conventions of 1949. Major changes in the fundamental principles of international criminal law included the introduction of the concept of individual responsibility with regard to committed crimes to that of state responsibility and the idea of ‘command responsibility’ of persons who ordered or knew of the commission of such crimes. As the ICC is designed to complement jurisdiction of national courts, State Parties have obligations to prosecute perpetrators of the Geneva Conventions in their national courts. If a State is unable or unwilling to do so, the ICC will have jurisdiction to prosecute the perpetrators of those crimes. Therefore, the ICC has an important role in promoting deterrence of grave crimes and it is encouraged for countries, including Thailand, to consider the ratification of the Rome Statute in order to prevent impunity from justice.
In the afternoon of the same day, a roundtable discussion was organized for the purpose of exchanging views in this topic between the speaker and representatives from governmental organizations, scholars, civil society, media and representatives from international organizations. The discussion focused on the importance of transitional justice and prosecution of perpetrators of IHL, especially the connection between justice and peace. Justice Goldstone cited examples from his experience in bringing about an end to the Apartheid regime in his own country and as the first Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia and Rwanda. In addition, the advantages and disadvantages of Thailand’s consideration in ratifying the Rome Statute of the ICC were also discussed. One of the main concerns for Thailand is the sensitive question of immunity of Head of State under Article 27 of the Rome Statute and the possible
incompatibility with Thai law. Thailand is of the view that it has to be carefully studied and considered further before ratification.
In sum, the Lecture has achieved success in promoting greater education and research of IHL. It is also a forum where qualified international experts could express views and share their expertise, including other considerations, in order to disseminate greater understanding of IHL among the general public.
For further information, please contact the Press Division, Department of Information, Ministry of Foreign Affairs, Tel.02-6435170, Fax.02-6435169, E-mail: div0704@mfa.go.th