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EDITORIAL

May 5, 2005

Original Article (Spanish)

The Mexican Congress has taken an important step in discouraging the commitment of crimes against humanity by Mexicans, both in our country and in all others.

Yesterday, the Congress' Permanent Commission of the Union unanimously approved the Declaration of the Statute of Rome, with which Mexico was integrated to the Treaty and by which, after the approval in the Senate, our country will agree to place Mexican citizens under the International Criminal Court, which has its seat in Holland.

The Court was founded under the auspices of the United Nations in 1948, when the idea arose of creating a permanent international court to judge cases of genocide, crimes against humanity, and crimes of the military and aggression.

It is in article I that the crime of genocide is established. Whether committed in time of war or peace, this is an international offense that the contracting parties are obligated to prevent and sanction, and it is article IV that dictates that the people accused of genocide or crimes related to genocide, will be judged by a court in the State on whose territory the act was committed, or before the International Criminal Court where it is competent to intervene in such jurisdiction.

Although it is the traditional policy of our country not to participate in foreign interventionist adventures, it is remotely possible that a Mexican citizen or citizens could comprise expeditionary bodies that commit military crimes in other countries.

But it is important that the government of Mexico has accepted the basic principle of observing international norms, and has renounced the foul privilege that certain arrogant nations adhere to, considering themselves above the law and international agreements.

This is the position that the United States has adopted in recent years, which has renounced being subject to the jurisdiction of the aforementioned Court {the International Criminal Court}, and has prohibited its soldiers from being judged by the court. Its rejection is of such a degree, that Washington has threatened to retaliate against nations that recognize the authority of the Court to judge United States citizens.

The decision of Mexico is to openly align itself with nations that have agreed to address crimes that involve acts of multilateral intervention or demands against third countries under the mandate of international law. Although the Court is not designed to hear normal grievances between nations, it could have jurisdiction over actions committed by governors or political leaders in our territory, if there exists a third-party claim, either national or foreign, when the facts of the case require the intervention of the Court.

Crimes of genocide or crimes against humanity committed in Mexico by individuals against Mexican nationals could be processed either in our country or (after a procedure to consider whether it is proper) could be sent to the International Criminal Court. Mexico can, in addition, cooperate with the Court, participate in its deliberations, and contribute properly enabled and authorized magistrates and public prosecutors.

In every way, the step taken by the Mexican Congress places our country squarely on the side of international justice and without a doubt, brings the world closer to rejecting the varied crimes that the International Criminal Court has been created to eradicate.