Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation their official capacity, but will not have jurisdiction over legal persons such as States and corporations (arts. 25 and 27). Further, as with the monitoring organs set up under the general human rights treaties, the International Criminal Court is subsidiary in nature, since, according to article 17 of its Statute, it will prosecute crimes only in cases where the State concerned is unwilling or unable genuinely to carry out the investigation or prosecution provided for in article 17(1)(a) and (b). It is for the International Court itself to determine, on the basis of specific criteria, the “unwillingness” or “inability” of a State to investigate or prosecute in a particular case (art. 17(2) and (3)).The International Criminal Court, or, ICC as it is generally known, will come into existence after 60 States have ratified the Statute (art. 126). As of 11 April 2002, the Statute had been ratified by 66 States and it entered into force on 1 July 2002.53 The Convention on the Prevention and Punishment of the Crime of Genocide aims at the prevention and punishment of genocide, including conspiracy to commit, incitement and attempt to commit, or complicity in, the crime of genocide. The principles underlying the Convention are, however, binding on all States irrespective of any conventional obligation. The new International Criminal Court provides the first international, permanent and independent judicial body for the purpose of ending impunity for acts of genocide, crimes against humanity, war crimes and, on certain conditions, the crime of aggression. 2.5 The International Convention on the Elimination of All Forms of Racial Discrimination, 1965 The International Convention on the Elimination of All Forms of Racial Discrimination was adopted by the United Nations General Assembly on 21 December 1965 and entered into force on 4 January 1969. As of 8 April 2002 it had 161 States parties. The Convention established a Committee on the Elimination of Racial Discrimination which monitors the implementation of the Convention. The Committee adopts, when necessary, General Recommendations concerning specific articles or issues of special interest. These recommendations will be referred to whenever relevant. 2.5.1 The undertakings of the States parties For the purposes of the Convention, “the term ‘racial discrimination’ shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life” (art. 1(1); emphasis added). However, “special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or 53 See UN web site www.un.org/law/icc/index/html. 50 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers