Introduction
to the members of the House of Representatives from the Pheu Thai Party gave a press release about the filing of the case with the International Criminal Court in the case of 91 bodies. 2009 has already made Thailand a member of the International Criminal Court. As the matter of prosecution in the International Criminal Court is important and directly related to the issue of international law, it should be explained both. “Facts” and “laws” to prevent the public misunderstand as follows
First.Thailand is not yet a member of the Statute of the International Criminal Court, also known as the Rome Statute of the International Criminal Court (ICC). But has not yet given “ratification” (ratification) or acceptance Or give approval in any way In accordance with Article 126 of the Rome Convention, it states that the entry into force of the Convention to that State States can declare their intention to enter into the obligations of the Convention by ratification. Or accept Therefore, the signature alone is not sufficient to make Thailand a member of the Convention in any way. The fact of the matter is the fact that Thailand is party to prove or not it can be verified by officials of the Ministry of Foreign Affairs or from the Internet 1.
In addition The ratification of the Rome Convention is so important that it is impossible for the public to be unaware and to the extent that Thailand is stuck in a sensitive issue. So it is not yet possible to see how to become an affiliate any time soon. Not resting must mention Section 190, paragraph two, stipulating that Entering into a treaty party is required to enact such a treaty submission act. The administration must present it to the Parliament for approval. But in the past, there has never been any news about this matter. In the past, foreign NGOs, The Coalition for the International Criminal Court, issued a letter dated 3 October 2011 to Prime Minister Yingluck Shinawatra calling on Thailand to Parties to the Rome Statute 2 , so it is not possible for Thailand to become a party to the Rome Statute on the international Criminal court, then
Second.On the basis of the fundamental law of the treaty on binding of States Parties in terms of that time, In general If there is no intention of any other State Party The binding of the treaty has no retroactive effect. (non-retroactivity of treaties) By Article 28 of the Vienna Convention on the Law of Treaties, The obligations of a treaty are not binding on a State Party provided that: Any actions or facts or circumstances have occurred and ended before the treaty is binding on the states that 3 other words, if an event occurs a whim and ended early.That Thailand will become a member of the Rome Convention Thailand could not claim its obligations under the convention. On the other hand Thailand will begin to fall under this Convention after it becomes binding on Thailand. In other words The longer the day The longer the date the Convention became binding on Thailand (or the day it was able to claim the Convention as a State Party).
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