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June 5, 2007 Tehran, Iran The president of International Criminal Court Honorable Judge Philippe Kirsch CC: The Secretary of the International Law Commission CC: His Excellency Ban Ki-moon Secretary General of the United Nations
Subject: Proposal to Amend Rome Statute of the International Criminal Court
Gentlemen, One of the most significant steps the international community has taken toward a civilized world community was the Rome Statute, entered into force in 2002, and the creation of the International Criminal Court. The statute deals with organized brutality of man against man and crimes of aggression which have been so rampant over the span of human history. The Statute was a giant step by the human society toward legal enforcement against violations of human rights where the life and physical being of human beings are concerned. Enforcements against criminals who ruled Yugoslavia, Rwanda and even Iraq showed that insanity stemmed from dictatorial powers is no longer tolerated by the international community and that no ruthless dictator ruling by force and fear will ever be safe again even at home. We are now ready to take another step forward toward cleaning up the world from the rule of ruthless rootless radicals who not only destroy people who oppose their illusive ideological human society, but engage in systematic destruction of civilized man's cultural heritage which gives him identity and self-esteem and those that represent milestones in human civilization. Thus, I propose the following amendments be made to PART 2 of the Rome Statute in order to enable the Court to prosecute those who willfully destroy world historical and cultural heritage. Examples of such crimes are the destruction of the statue of Buda and numerous historical artifacts by the Taliban in Afghanistan; and the ongoing destruction of Pasargad historical site in Iran and the tomb of Cyrus the Great, a world cultural heritage. PROPOSAL: Article 5. Crimes within jurisdiction of the Court Add: (e) Destruction of cultural heritage Article 7. Crimes against humanity Add: (L) Willful destruction of world cultural heritage Add: (j) The purpose of paragraph L: "Willful destruction of world cultural heritage" means planned and willful destruction of historical structures, artifacts, sites or artwork considered cultural heritage and registered with UNSESCO as world heritage and/or a course of conduct involving systematic or multiple commission of acts leading to destruction of national historical and cultural heritage. I hope that this proposal is given due attention, since I believe that while breath and blood provide physical life and must be protected, cultural heritage provides human society with identity, spirit and the feeling of achievement without which society loses its soul.
Respectfully submitted,
Kourosh Zaïm An Iranian Political Activist Cell: +98-912-113 8108
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