Monitor - 43 English

8/3/2019 Monitor - 43 English

1/20

THIS YEAR HAS provided many compelling reasons to

be hopeul or the uture o international justice in 2012

and beyond. Te wheels o justice at the International

Criminal Court (ICC)an institution so groundbreaking

in its ambition that many believed it would never see the

light o dayare ully in motion.

Te ICC and the Rome Statute (RS) system have indisput-

ably become major actors in international peace and se-

curity aairs. Wherever widespread violence and crimes

against humanity are occurring, the ICC is being invoked

by governments, United Nations (UN) institutions and

civil society. Te Court is demonstrating its ability to be

a potent orce or both peace and justice around the world.

With the conclusion o its rst trial, simultaneous court-

room hearings, two new potential cases in Kenya, a sixth

in the Democratic Republic o Congo (DRC), the rst Dar-

ur trial on the horizon as well as new investigations in

Libya and Cte dIvoire, the ICC has never been so busy.

One hundred and nineteen states have now joined the

Court, reecting a growing global consensus towards

ending impunity through the RS system. Five new ICC

states parties in 2011the most in any given year since

2003make reaching the goal o two-thirds o UN mem-

ber states in the not too distant uture ever-more likely.

Yet, the RS system nds itsel at a critical juncture. Te

coming months will see a major changeover in those who

will lead the ICC and Assembly o States Parties (ASP)

over the next years, as well as crucial decisions to be made

regarding the budget o the Court. It is imperative thatthe advances achieved in the last years are built upon. It

is equally essential that those elected to lead the Court

are provided with the political support and nancial re-

sources needed to eectively carry out their duties. In con-

crete terms this means, or example, ensuring that aected

communities understand the Courts work or that victims

are aorded meaningul participation in court proceed-

ings that may impact upon their lives.

In a truly inspiring year when civil society and many states

have stood in solidarity with peoples across the Arab

world in their eorts to bring about democratic change,

the ASP in December 2011 represents a crucial opportu-

nity or states to urther demonstrate their commitment to

justice by opposing a blinkered vision o zero-growth or

the ICC and supporting the continued development o the

Court in its ght against impunity or the gravest crimes.

A Busy and Crucial Year

Te geographical spread o new ICC states parties in 2011

unisia, Grenada, the Philippines, Maldives and Cape

Verdeis a telling reminder o the universal nature o the

ASP 2011: COALITION CALLS ON STATES TO SECURE ICCS FUTUREBy William R. Pace, Convenor o the Coalition or the International Criminal Court

>CONTINUED ON P. 4

ISSUE NO. 43

NOVEMBER 201

TO APRIL 2012

The

MONITORJournal o the COALITION FOR THE INTERNATIONAL CRIMINAL COURT

An outreach session with aected communities in Bossemptele (Central Arican Re-

public) in September 2011 to raise awareness on the Bemba case, the Courts third

trial. With three ongoing trials, the rst Darur trial on the horizon, two new potential

cases in Kenya, a sixth in the Democratic Republic o Congo (DRC), as well as new

investigations in Libya and Cte dIvoire, the ICCs caseload is growing. Credit: ICC-CPI

The Rome Statute system nds itsel at a

critical juncture. The coming months will see

a major changeover in those who will lead the

ICC and Assembly o States Parties over the

next years, as well as crucial decisions to be

made regarding the budget o the Court.


2/20

NOTE FROM THE CONVENOR

THIS 43RD ISSUE ohe Monitor is published at a crucial time

or the International Criminal Court (ICC) and the Rome Statute (RS)

system. In December 2011, 119 states parties to the RS will meet at the

United Nations headquarters in New York to make major governance

decisions or this extraordinary system o justice: the elections o new

ICC leadership (including the Assembly o States Parties [ASP] Presi-

dent, a new chie prosecutor and six judges), the adoption o the Courtbudget, cooperation with the ICC, amongst many others. he Coali-

tion will again participate in the ASP with a large delegation o globa

civil society representatives and wil l contribute to discussions through

numerous side events and the submission o position papers. his is-

sue ohe Monitorcovers these important matters and others such as

current ICC cases, situations and preliminary examinations, as well as

the Coalitions worldwide campaign or the universality o the RS. As

the Coalition commences plans to celebrate the 10th anniversary o the

ICC in 2012, we also quietly pay tribute to the lives, the work and pass

ing o Coalition supporters who have made immeasurable contribu-

tions to peace and international justice, such as judge Antonio Cassese

and Nobel Peace Prize winner Wangari Maathai.

William R. Pace, Convenor o the CICC

The

MONITORJournal o the COALITION FOR THE INTERNATIONAL CRIMINAL COURT

Issue 43: November 2011April 2012Views expressed here are those o the authors and not necessarily those o the

CICC Secretariat, our members or our unders. Articles without a byline have been

written by CICC Secretariat sta.

CICC STAFF LIST

William R. Pace Convenor, New York and The HagueJelena Pia-Comella Program Director, New YorkDevon Allison Executive Program Ocer, New YorkAmielle Del Rosario Program Assistant, The HagueMeriam Manell Sassi Program Associate, New York

COMMUNICATIONS SECTIONOriane Maillet Head o Communications, The HagueAgustina Bidart Spanish Communications Ocer, Buenos Aires,

ArgentinaLinda Gueye Senior Communications Ocer

Francophone Arica, New YorkNiall Matthews Communications Assistant, The HaguePeony Trinh Design Manager, New YorkDan Verderosa Communications Fellow, New YorkFrdric Viennot Website Developer, The Hague

DEVELOPMENT SECTIONGabrielle Mertz Director o Development, New York

Laura Baber Development Ocer, New YorkKrista Hahn Development Associate, New YorkDaniel Rees Senior Development Ocer, New York

FINANCE AND ADMINISTRATION SECTIONRobert Giordano Finance DirectorAma Adjare-Nimako Finance Associate and Oce Coordinator, New YorkSpencer Lanning IT Consultant, TexasSamira Mohamed Accounting and Human Resources Associate, New YorkHugo Strikker Administration and Finance Ocer, The Hague

LEGAL SECTIONSunil Pal Head o Legal Section, The HagueMatthew Cannock Legal Fellow, The HagueTobias Hanson Legal Ocer, New YorkAlix Vuillemin Grendel Legal Ocer, The Hague

REGIONAL SECTIONBrigitte Suhr Director o Regional Programs, Los AngelesTania Deigni Regional Program Assistant, New York

Ata Hindi Outreach Liaison or MENA/Europe, New YorkStephen Lamony Arica Outreach Liaison/Situations Advisor, New YorkMichelle Reyes Milk Outreach Liaison or Latin America, Caribbean,

Asia and the Pacic, New York

FIELD-BASED REGIONAL SECTIONAFRICAFrancis Dako Arica Coordinator, Cotonou, Benin

Armel Luhiriri Byamungu Francophone Arica Situations Liaison, DRC

ASIA/PACIFICEvelyn Serrano Asia and Pacic Regional Coordinator, Manila,

PhilippinesMae Buenaventura Asia Program Ocer, Manila, Philippines

Marcelina Valderama Oce Assistant, Manila, Philippines

EUROPE

Virginie Amato Europe Programme Ocer, Brussels, Belgium

Kirsten Meersschaert Duchens Europe Coordinator, Brussels, Belgium

AMERICAS

Francesca Varda Regional Coordinator or the Americas, Lima, Peru

MIDDLE EAST/NORTH AFRICAAbeer Al-Khraisha MENA Regional Advisor, Cairo, EgyptAmal Nassar MENA Program Ocer, Amman, Jordan

CICC STEERING COMMITTEEAdaleh Center for Human Rights StudiesAmman, Jordan Amnesty International

Asian Forum or Human Rights and Development (FORUM-ASIA)Bangkok, Thailand

Asociacin Pro Derechos Humanos (APRODEH)Lima, Peru Civil Resource Development

and Documentation Centre (CIRDDOC)Enugu, Nigeria Comisin Andina de Juristas

(Andean Commission of Jurists)Lima, Peru Fdration Internationale des Ligues des

Droits de lHomme (FIDH) Georgian Young Lawyers AssociationTbilisi, Georgia Human

Rights Network-Uganda (HURINET-Uganda)Kampala, Uganda Human Rights Watch

Justice Without FrontiersBeirut, Lebanon No Peace Without Justice Parliamentarians

for Global Action The Redress TrustLondon, United Kingdom Womens Initiatives for

Gender Justice World Federalist MovementInstitute for Global Policy

ABOUT US

he Coalition or the International Criminal Court includes 2,500 civi

society organizations in 150 dierent countries working in partnershipto strengthen international cooperation with the ICC; ensure that the

Court is air, eective and independent; make justice both visible and

universal; and advance stronger national laws that deliver justice to vic-

tims o war crimes, crimes against humanity and genocide.

he Monitor is the Coalitions lagship publication. It is distributed

worldwide in English, French and Spanish and is available online a

www.coalitionortheicc.org/?mod=monitor

he Coalition encourages readers to submit letters on any o the ar

ticles or issues contained within the issue ohe Monitor. Please write

to the address below or email [email protected]

c/o WFM-IGP, 708 3rd Ave, 24

New York, NY 10017 USA

Phone: + 1 212-687-2863

Fax: +1 212-599-1332

Email: [email protected]

Web: http://www.coalitionortheicc.org

Bezuidenhoutseweg 99a, 2594 AC

Te Hague, Te Netherlands

Phone: +31-70-363-4484

Fax: +31-70-364-0259

Email: [email protected]

ogether or Justice: Civil society in 150 countries advocating or a air

eective and independent ICC.


3/20THE MONITOR NO. 43 / NOVEMBER 2011 - APRIL

This publication has been produced with the assistance o the European Union, as well as other donors. The contents o this

publication are the sole responsibility o the Coalition or the International Criminal Court and should in no way be taken to

refect the views o the European Union, Irish Aid or any other donor.

CoverAssembly o States Parties 2011: Coalition Calls on

States to Secure ICCs Future

4

ICC/ASP

Issues at stake in the run-up to the tenth ASP

and beyond

9Cases and SituationsUpdates on some of the ongoing ICC casesand situations

12UN-ICCAn overview of recent ICC-related developments atthe UN

13RegionalCoalition advocacy and developments in Arica,the Americas, Asia, Europe and MENA

20International Justice DayAn overview o Coalition celebrations andactivities around 17 July 2011

IN THIS ISSUE

GLOBAL PARTNERS

THE COALITION WORKSin partnership with many individuals and institutions

rom around the globe in its mission o advancing international justice. One o these

partners is Dr. Karl Fossum o New York, who has supported the work o the Coali-

tion and other civil society eorts around the world or many years. Dr. Fossum rstbecame involved with global issues at the age o 17, when he joined En Verden, a Norwe-

gian organization engaged with peace and international law. As a longtime supporter

o WFM-Institute or Global Policy, a ounding Steering Committee member o the

Coalition, his commitment to core international causes has continued. I have long

been impressed with the work o the Coalition and Bill Pace, said Dr. Fossum. Te

International Criminal Court is so important, it has become central to the peace and

justice movement and the Coalition is at the oreront o this movement and is tackling

the most pressing issues.

Te Coalition is deeply appreciative o the generous support provided by all o its many

partners and donors rom around the world. In addition to individual supporters like Dr. Fossum, major unding has been provided

by the European Union, the Ford Foundation, Humanity United, the John D. and Catherine . MacArthur Foundation, the Open So-ciety Institute and the Sigrid Rausing rust, as well as by the governments o Australia, Austria, Belgium, Denmark, Finland, Ireland,

Liechtenstein, Luxembourg, the Netherlands, New Zealand, Norway, Sweden and Switzerland. Support rom individuals, ounda-

tions, governments and other institutions is essential to the Coalitions eorts to end impunity. I you would like more inormation

about how you can support the Coalition, please visit www.coalitionortheicc.org or contact us at +1.646.465.8527 by phone or at

[email protected].

COALITION MEMBERSHIP DRIVE

IN AN EFFORT to include an ever-more diverse group o

civil society organizations, particularly in underrepresented

regions, the Coalition has launched a global membership

drive or 2011-2013. Begun in September 2011 with the Mid-

dle East and North Arica (MENA), where civil society has

played a crucial role in the ght or democracy, justice and

accountability, the drive will target each regionAsia andthe Pacic, Europe, Arica and the Americas and the Carib-

beanor one semester over the next two years.

As part o the drive, the Coalition has been contacting its

members to request them to identiy and recommend poten-

tial new Coalition members rom among their civil society

partners. In addition, the Coalition has reached out directly to

organizations whose work in human rights, rule o law, justice,

gender and democracy could make them interested in Coali-

tion membership.

Te Coalition looks orward to expanding its current mem-

bership base o over 2,500 NGOs and working with an in-

creasingly broad and diverse group o partners in the u-

ture. For more inormation on the drive or on becoming a

member, please contact [email protected].


4/20HE MONITOR NO. 43 / NOVEMBER 2011 - APRIL 2012

ASP 2011 (continued rom page 1)

ideals enshrined in the RS. Tat one o the rst

acts o the interim unisian government was to

ratiy the RS, along with a number o other hu-

man rights treaties, illustrates the ever-present

desire o all peoples to live in a world in which

they have unhampered access to justice andthe rule o law. Encouragingly, the implemen-

tation o ICC legislation at the national levela

crucial element o the RS systemhas also ad-

vanced in the past year.

In parallel, the Courts unique ability to ll

the gaps where impunity prevails means that

it continues to be asked to do more and more.

Te past year has witnessed the opening o two

new investigations and an increasing number

o courtroom hearings. A unanimous vote o

the UN Security Council reerring the situ-

ation in Libya to the Court in February 2011

resulted in the issuance o arrest warrants or

key gures in the ormer Libyan government.

In October 2011, ICC judges authorized the

opening o an investigation in Cte dIvoire, a

state that is not party to RS, but whose lead-

ers have acknowledged the Courts jurisdic-

tion through a special declaration oreseen in

the RS. In September 2011, key hearings took

place to decide whether to send to trial two

cases against six high prole suspects or their

alleged roles in crimes against humanity com-mitted during the 2007-2008 post-election

violence in Kenya. Similar hearings to decide

whether the case against Callixte Mbarushi-

manaa Rwandan rebel leader active in the

DRCshould move to trial oered a glimmer

o hope to the thousands o lives shattered by

years o unimaginable violence in the DRCs

Kivu provinces.

In August 2011, the closing statements in the

Courts rst trialthat o Tomas Lubanga

Dyilowere delivered. Judgment is expectedsoon, but with a possible appeal and/or the

opening o reparations proceedings, much

work remains to be done. Delays in the Luban-

ga proceedings rustrated all participants, not

least the victims involved, but much o the work

to iron out the diculties encountered during

the course o this trial will undoubtedly serve to

improve the expediency o those to ollow. Te

case has done much to highlight the barbar-

ity o the crime o using children as soldiers in

armed conict and the importance o victims

participation in an international criminal trial.

Turning Point in ICC Leadership

In this context, the December 2011 ICC

electionsor six new judges, a new chie

prosecutor, an ASP president and vice-pres-

ident, and six members o the ASPs Com-

mittee on Budget and Financerepresent

a valuable opportunity or states parties

to ensure that the Courts uture direction

is securely in the hands o highly qualied

individuals who will impartially contribute

to the ICCs standing as a permanent and

respected international judicial institution

over the next years.

Te Coalitions Campaign on ICC Elections,

launched in December 2010, has sought to

promote the nomination and election o

the most highly qualied ocials through

air, merit-based and transparent processes;

uphold the RS principles o a air, eective

and independent ICC representing all o

the worlds regions and major legal systems;

and maintain equitable gender representa-

tion. o these ends, nominees or the judi-

cial elections completed questionnaires on

their backgrounds and qualications, and

met with the Coalition to urther discusstheir suitability as ICC judges. Meanwhile,

in November 2011, eminent jurists sitting

on the Independent Panel on ICC Judicial

Electionsestablished by the Coalition to

provide independent and objective assess-

ments o judicial candidatespublished a

report on whether each candidate ullled

the qualications prescribed by Article 36

o the RS. Te views o the Panel and its

assessments o the judicial candidates are

its own and do not reect those o the Co-

alition. Te establishment o the Panel has

been widely praised by governments and

ICC leaders and it is nearly certain that the

ASP will adopt a resolution activating an ad-

visory committee on nominations.

Also as part o the campaign, the Coalition

has been actively monitoring the Search

Committee process or the next ICC prosecu-

tor. Te report o the Committee was issued

in late October 2011. All our individuals

commended to the ASP have extensive pros

ecutorial experience in international crimi

nal tribunals during the last 15 years. Te

Coalition successully advocated or greater

transparency and reporting by the Commit

teeincluding on gender and regional statistics as well as encouraging the identica

tion o potential candidates rom all regions

Te Coalition also hosted interviews with the

our candidates in New York. In addition to

the ASP and ICC, observers are already pre

dicting that both initiatives will have impacts

in other treaty organizations.

A Call for Renewed States Support

But as the ICC and its caseload continue to

grow, and as an increasing number o states

join its array, the strong and unwavering support o the international community is essen

tial to ensure that the Court is able to over

come uture challenges. As ever, cooperation

with the ICC is the solemn responsibility o al

states parties, as well as all regional and inter

national organizations. And more than ever

the Court needs states to arrest ICC suspects

to help trace and reeze their assets and to sign

witnesses and victims relocation agreements

as well as agreements on the enorcement o

sentences or interim release. States should

seize the opportunity at this ASP session toreiterate their engagement to cooperate in al

aspects o the Courts work and to establish

much-needed ASP mechanisms to respond to

non-cooperation with the Court.

One o the greatest dangers could be collat

eral damage rom the global nancial crisis

Te best way to achieve cost-savings is o

the ASP and ICC to undertake a major eor

to reorm procedures and regulations, and

achieve eciencies that would make ICC

processes shorter, airer and much more eective. It is, however, crucial that states gran

the Court the unding it requires or 2012

Te ICC requested states parties to increase

its budget by 14.12 million in 2012 in antici

pation o the heightened responsibilities de

scribed above. Te budget adopted by states

in December 2011 must allow the Court to

continue to deliver justice to victims as pre

scribed by the RS and to develop its ability

to respond to situations o impunity as they

> CONTINUED ON P. 5



arise. Tis is a key moment in the Courts

development. In the context o the billions

spent on military campaigns and the wind-

ing down o several ad-hoc tribunals, states

must have the resolve to take the long-view

o international justice and the ICC, a per-

manent institution o their own creation. In

vesting in justice today means savings tomor

rowboth in nances and in lives.

MR. PROSECUTOR BEFORE YOU LEAVE

> CONTINUED ON P.

On 2 November 2011, Prosecutor Luis Moreno-Ocampoheld a press conerence ollowing his brieng to the UN

Security Council on the Courts investigation in Libya.

His nine-year term as the rst ICC prosecutor will come

to an end in June 2012. Credit: UN Photo/JC McIlwaine

IN JUNE 2012, the nine-year term o oce o the rst prosecutor o the International

Criminal Court (ICC), Luis Moreno-Ocampo, will come to an end. His successor will

take on the tough task o overseeing investigations in seven situations, including Ugan-

da, the Democratic Republic o Congo (DRC), the Central Arican Republic (CAR),

Darur (Sudan), Kenya, Libya and Cte DIvoire. In addition, the new prosecutor will

also take over responsibility or preliminary examinations o eight situations on our

continents: Aghanistan, Colombia, Georgia, Guinea, Honduras, the Republic o Ko-

rea, Nigeria and Palestine. Te caseload o the Oce o the Prosecutor (OP) is also

expanding. Tere were three trials ongoing simultaneously in 2011, while the rst trial

in the Darur situation is expected to begin in 2012. wo cases in the Kenya situation

and one rom the DRC could also move to trial in the near uture. With much work still

to be done beore the end o his term, as well as the necessity or as smooth a transition

as possible to his successor, six members o the Coalition or the ICC make recommen-

dations to the prosecutor on what he should achieve beore leaving oce.

As the ICCs rst prosecutor, Luis Moreno-Ocampo has made important progress in kick-starting the Courts work. Te ICC has a signicant

workload, but key crimes and perpetrators have at times been bypassed in the ICCs rst investigations, leaving gaps in its delivery o justice. As his

term comes to an end, the prosecutor should take stock and put plans in place to ll these gaps, including through recommendations to his succes-

sor. In addition, the prosecutor should urther his policy o using the preliminary examination period as an opportunity to catalyze domestic tri-

als. Tis is an important policy, but the absence o regular reporting has weakened the ICCs hand with national authorities. Te prosecutor should

draw lessons learned to strengthen this policy and issue progress reports on all situations under preliminary examination beore leaving oce.

Elizabeth Evenson, senior counsel, international justice program, Human Rights Watch (HRW)

We have ollowed with particular interest OP policies and activities on situations under preliminary examination. It is our recommendation

that the prosecutor make public his conclusions on these preliminary examinations beore leaving oce. In 2006, the OP issued reports con-

cluding that the conditions to open investigations under Article 53 (1) o the Rome Statute (RS) had not been met in either Iraq or Venezuela.

However, the OP has not made public its analysis and conclusions on any other situations under preliminary examination. Tat some o

these have lasted or as long as six (Aghanistan) or eight years (Colombia) is o serious concern or victims o serious crimes who do not have

access to legal remedy in their home countries. We also believe that the judges o the ICC pre-trial division should be presented with reports on

the OPs preliminary examinations so that they can make judicial determinations on the situations in accordance with the RS, ever mindul

o the rights o victims to have justice delivered within a reasonable timerame. Such a course o action would also give victims the opportunity

to participate in impartial proceedings.

Mariana Pena, permanent representative to the ICC, International Federation for Human Rights (FIDH)

More than three years have passed since the opening o a preliminary examination by the OP into the armed conict between Georgia and

Russia in August 2008. Evidence rom a wide range o sources indicates that grave crimes occurred during the conict, including war crimes

and crimes against humanity. Te OP has stated that it is currently monitoring national investigations into these crimes in both Georgia

and Russia. However, these national investigations have now been ongoing or three years without conclusion. GYLA recommends that the

OP, beore the current prosecutor leaves oce, publish its ndings on the inormation received rom the Georgian and Russian authorities,

as we believe that they will lead to the opening o a ull investigation by the ICC into the alleged crimes committed during the conict in 2008.

Tamar Chugoshvili, chairwoman, Georgian Young Lawyers Association (GYLA)



MR. PROSECUTOR BEFORE YOU LEAVE (continued rom page 5)

In Colombia the right to justice or war crimes and crimes against humanity is not guaranteed eectively. Six years afer being enacted, the

so-called peace and justice law has not led to the prosecution o those most responsible or crimes under the jurisdiction o the ICC. In addi-

tion, the decision o the Colombian government to extradite 16 high-level paramilitaries to the United States on drug-tracking charges has

removed them rom the grasp o both the Colombian courts and the ICC. It is clear that the state is neither willing nor able to render justice or

ICC crimes at the national level. For this reason, many human rights organizations are asking the prosecutor to ensure the commencement o

a ormal ICC investigation in Colombia in his nal months.

Colombian Commission of Jurists (CCJ)

We would like to see the ICC prosecutor, beore the end o his term, open investigations into all those who orchestrated the commission o grave

crimes in the Central Arican Republic (CAR) over the past number o years. While the opening o the trial o Jean-Pierre Bemba Gombo in

November 2010 was a welcome development, it has not gone ar enough in addressing prevailing impunity in CAR. Human rights NGOs in

CAR have longed called or senior ocials in the Patass government, as well the leaders o the rebel groups Union o Democratic Forces or

Unity (UFDR) and Convention o Patriots or Justice and Peace (CPJP), to be brought to justice. Finally, it is dicult or victims to understand

the slow pace o proceedings in the Bemba trial. Some victims have already passed away without seeing justice done, while those remaining

urge the Court to bring this case to a conclusion as expeditiously as possible.

Lucille Mzangue and Bruno Gbiegba, Central African Republic Coalition for the ICC (CCPI-RCA)

What do NGOs want rom the ICC prosecutor beore leaving oce? An Apology.1 o: Girl Soldiers; Women in eastern DRC; Victims; rial

Chamber I; Women in Kenya (Kisumu, Kibera, Naivasha); Men o Luo ethnicity; Victims o the Uganda Peoples Deence Force; Victims o

the Haskanita attack; Te ICC judiciary; Sta o the OP (past and present); Feminists; States Parties; Journalists; Te cinema-going public;

Inormation providers under Article 54 (3)(e); Te concept o the presumption o innocence; Te global legal community; Academia; Te con-

cept o impartiality; Sta o the ICC; Drafers o the Rome Statute; Article 42(3); Te public; Te principle o saety in the workplace; Womens

human rights organisations; Te principle o good governance and accountability; the next Chie Prosecutor.

Womens Initiatives for Gender Justice

1 For information and analysis about the issues referred to above, please see the following publications for further details: Gender Report Card on the International Criminal Court 2005, 2006,

2007, 2008, 2009, 2010, 2011 (to be published December 2011), Womens Initiatives for Gender Justice; Legal Eye on the ICC, 2009-2011, Womens Initiatives for Gender Justice; Womens

Voices, 2009-2011, Womens Initiatives for Gender Justice; Making a Statement, Second Edition, February 2010, Womens Initiatives for Gender Justice; Legal Filings by the Womens Initia-

tives for Gender Justice to the International Criminal Court, 2010, Womens Initiatives for Gender Justice; Eye on the ICC, 2007-2008, Womens Initiatives for Gender Justice.

Note: opinions expressed in these articles are those o the authors and do not represent the views o the Coalition as a whole.

ICC JUDICIAL ELECTIONS: AN OVERVIEW OF NOMINATIONS

A TOTAL OF 19 nominees were put or-

ward by states parties to the Rome Statute

(RS) or the December 2011 elections o six

new judges to the International Criminal

Court (ICC). Tese judicial positions are

pivotal to the Courts uture direction and

standing as a respected and credible inter-

national judicial institution. Te Coalition,

as part o its global Campaign on ICC Elec-

tionswhich called on states to ensure a

air, transparent and merit-based election

processactively promoted the nomina-

tions o the most highly qualied candidates

to reect air gender and geographical rep-

resentation, as well as representation o the

worlds principal legal systems.

Te RSs unique system o Minimum Voting

Requirements (MVRs), established to pro-

mote diversity and representation among

ICC judges in order to ensure objectivity andbalance in the Courts decisions, impacted

the 2011 judicial elections nomination pro-

cess. Te nomination period had to be ex-

tended to allow the Latin American and Ca-

ribbean states to nominate our candidates

to ulll the MVR o two judicial positions

rom that region.

Upon the closing o the nomination period

eight judicial candidates had been nominated

rom the Arican Group, two rom the Asian

Group, two rom the Eastern European Group

ve rom Latin America and the Caribbean

Group (GRULAC) and two rom Western Eu

ropean Group and Others Group (WEOG)Sixteen o the candidates were nominated

under list A (competence in criminal law and

procedure) and three under list B (competence

in relevant areas o international law).

Meanwhile, there was an MVR or two male

candidates to ensure an equitable gender rep

resentation on the ICC bench. However, dis

> CONTINUED ON P. 7



THE COST OF TRYING TO DELIVER INTERNATIONAL JUSTICE ON

A SHOE-STRING By Jonathan ODonohue, legal adviser or Amnesty InternationalsInternational Justice Project and team leader o the Coalitions Budget and Finance Team

IN THE LAST decade, the new In-

ternational Criminal Court (ICC) has

weathered attacks rom its opponents

and emerged as an established part othe international system. However, a

new and more serious threat is emerging

that could permanently undermine the

Courts eectiveness. Disturbingly, the

ICCs strongest supporters are unwilling

to ully und its work.

ensions have been building or some

years as a group o the highest paying

states have sought to limit the Courts

budget to around the 100 million mark.

Teir demands do not take into account

the act that the Court has not yet reached

its ull case load and that ICC activities

have expanded to new situations such as

Cte dIvoire, Kenya and Libya.

Te ICCs request o an additional 14

million or 2012, primarily or the new

Libya situation and costs or legal aid

i.e. unding or deense and victims legal

representation beore the Courtarose

rom a projected increase in judicial ac-

tivities and caused a major backlash be-

hind the scenes in Te Hague that will

play out in the lead up to the Assembly o

States Parties (ASP) in December 2011.

Te risk o arbitrary cuts to the ICC bud-

get or, worse still, the prospect o resort-

ing to unding core unctions through

voluntary contributions threatens to set

back the work o the Court and rustrate

justice or victims.

Demands or zero-growth by these

governments dey logic and are ex-

tremely hypocritical, considering that a

number o them were also members o

the UN Security Council (UNSC) that

reerred the Libya situation to the ICC inFebruary 2011.

Indeed, 117 million to und a permanent

international criminal court currently

dealing with seven situations worldwide

appears rather reasonable when one con-

siders that in 2011 more than US$560

million was invested in the International

Criminal ribunals or the ormer Yu-

goslavia and Rwanda, the Special Court

or Sierra Leone and the Extraordinary

Chambers in the Courts o Cambodia.

Regrettably, the ICCs ar rom convinc-

ing role in the budgetary process con-

tributes to the erroneous perception that

it is ush with cash, and that its bud-

getary requests are inated. Ironically,

rather than being over-budgeted, the

ICC has been severely under-budgeted

in some areas in recent years. In hold-

ing back rom requesting the resources it

needs, the Court has repeatedly ailed to

deliver clearly justied budgetary pro-posals and has consequently underper-

ormed on some aspects o its work.

In particular, decisions by the ICCs

leadership to absorb new costs without

credible explanation have perpetuated

states theories o over-budgeting. For

example, in response to the opening o a

new situation in Kenya in 2010, the ICC

announced that it would absorb all the

Jonathan ODonahue delivers Amnesty Internationals

statement during the General Debate o the 2010 As-

sembly o States Parties. Credit: Peter de Groot/CICC

> CONTINUED ON P. 8

Te ailure o the Registry to obtain missing de-

tails to process over 1,500 victim applications or

the two Kenya cases, to process 470 victim appli-

cations in time or the Mbarushimana hearing or

those o 27 victims in time or the closing hearings

o the Lubanga trial is a clear illustration o the

impact o under-resourcing at the ICC. Victims are

nally coming orward to engage with the Court,

but the Court is not ready or capable to deal with

them. I not granted necessary resources, victim

participation may become an empty promise

Carla Ferstman, REDRESS

appointment was expressed at the low

number o emale candidates nomi-

nated or these elections, with only two

put orward by the Dominican Repub-

lic and the Philippines.

It is surprising only two women werenominated and it remains unclear why

so ew women were amongst the can-

didates, noted Brigid Inder, executive

director o the Womens Initiatives or

Gender Justice. It appears some states

did not want to mobilize or an elec-

tion this time around due to interests in

other United Nations posts even though

they had highly experienced women

judges interested in running in 2011.

On 26 October 2011, the Independent Panel on ICC Judicial Elections issued a

report on the 19 candidates or judicial elections. Te Panel was established by the

Coalition to help ulll the need in the elections process or a air, independent

assessment o whether each nominee ullls the qualications prescribed by the

RS. Te views o the Panel and its assessments o the judicial candidates are its

own and do not reect those o the Coalition.



costs o the situation (bar 500,000 or wit-

ness protection) within its existing resources.

Similarly, or the 2012 budget, the Oce o

the Prosecutor requested 7.2 million to in-

vestigate the Libya situation but then indi-

cated that i an investigation in Cte DIvoire

were to be approved, it was planning to ab-

sorb any additional costs that may arise.

Te ICCs approach, coupled with the readi-

ness o the ASP to cut the Courts budget re-

quest without any real basis, is already having

a negative impact. For example, earlier this

year at least 470 victims were denied the op-

portunity to participate in the conrmation

o charges hearing against Callixte Mbarushi-

mana because the ICC Victims Participation

and Reparation Section (VPRS) could not pro-

cess their applications in time. Despite having

to acilitate victims rights to participate in

multiple new situations in recent years, the

proposed ICC budget has made no allowance

or any VPRS sta increases since 2006. Tere

are genuine ears that the current underund-

ing will bring about even more damaging con-

sequences in some areas in 2012.

In September, the ASPs Committee on Bud-

get and Finance (CBF) aptly commented that

the Court is reaching the point where expec-tations on the type and level o activity and

on the level o resources may be diverging.

I this is true, then the vision o the ICC that

captured the imagination o the world during

and ollowing the Rome Conerence in 1998

will never be achieved.

A number o the solutions put orward by theCBF, including resorting to voluntary contri-

butions and relying on others to do the ICCs

core work, will only lead to urther problems.

Another option being explored, which insists

that the UN member states (including non-

states parties) share the costs o situations the

UNSC reers to the ICC, requires consider-

able scrutiny. One hundred and nineteen o

the 193 UN member states currently contrib-

ute to the ICC budget. Te direct or indirect

involvement o non-states parties in the ICC

budget process could have urther potential

negative consequences or its work in such

situations. Furthermore, such an outcome

could preclude the UNSC rom making u-

ture reerrals to the Court. It is imperative

that states parties address all aspects o pro-

spective UNSC unding, pitalls and benets,

beore taking any urther decisions.

An eective solution must be ound that re-

stores states parties condence and commit-ment in unding the ICC. A solution which

guarantees the institutions long-term e-

ciency rather than its low cost.

Te Court will undoubtedly grow urther in

coming years in response to the many situa-

tions where impunity still exists or genocide

crimes against humanity and war crimesand it needs to be able to eectively conduc

its cases. States pushing or zero-growth have

to realize that they will not get the ICC that

any o us want by arbitrarily limiting its re

sources or outsourcing its core unctions

Similarly, the ICC has to realize that it is

damaging its credibility and undermining

its mandate by ailing to present a convinc-

ing budget that both requests the resources i

requires and demonstrates its eciency.

International justice cannot be delivered on ashoe-string.

THE UN SECURITY COUNCIL AND THE ICC: AN AMBIGUOUS RELATIONSHIP

THE MOMENTOUS SOCIAL and political developments in many parts o the Arab world in 2011 have brought into sharp ocus the

ambiguity o the relationship between the UNSC and the ICC. Te two are, o course, distinctly separate bodies, but the selective use by

the UNSC o one o the trigger-mechanisms in the Rome Statuteallowing it to reer a situation to the ICCis testing perceptions o the

independence and legitimacy o the Court like never beore.

Te unanimous adoption o UNSC Resolution 1970 (2011) on Libya can be seen as a prime example o the international community under-

taking its responsibility to protect civilians in a situation o armed conict. Te resolution also reerred the Libyan situation to the ICC

only the second time the UNSC has reerred a situation (the reerral in 2005 o Darur, Sudan being the rst)thereby demonstrating acommitment to seeing perpetrators o grave crimes brought to justice.

However, the ailure o the UNSC to reer other situations o ongoing conict where many equally or worse violent crimes may be occur-

ringor example in Palestine, Sri Lanka, Burma, Syria, Yemen or Bahrainbrings to the ore the central contradictions o the UNSCs

role vis-a-vis the ICC: that its power to reer situations can be a potent tool in avor o justice, but that its political nature allows arguments

o selectivity to resonate widely. Te ICC, while not involved in the UNSC decisions to reer or not to reer, nonetheless bears the brunt o

the inconsistency.

States and the UNSC should clearly communicate to aected communities and the public at large the reasons why one situation is reerred

by the UNSC to the ICC and not another; not doing so puts the longer-term perceptions o the legitimacy o the Court at stake.

THE COST OF INTERNATIONAL JUSTICE (continued rom page 7)

Outreach is vital in addressing negative

perceptions and misconceptions o the

ICC and its work among victims and

aected communities. Any reduction in

outreach activities means reducing the

Courts ability to provide up-to-date

and impartial inormation to those who

need it most.

Joyce Apio, Uganda

Coalition for the ICC



UGANDA: REFLECTIONS ON THE FIRST ICC SITUATION SEVEN YEARS ON

IN 2004, the rst investigation o the

International Criminal Court (ICC)

was opened in Northern Uganda and its

rst arrest warrants were subsequently

issued or ve leaders o the Lords Re-

sistance Army (LRA) rebel group or the

alleged commission o crimes against

humanity and war crimes. Tree o the

veJoseph Kony, Okot Odhiambo

and Dominic Ongwenremain at large.

Meanwhile, proceedings against Raska

Lukwiya were terminated ollowing his

death and Vincent Otti is also believed

to be deceased. Te numbers speak or

themselves: zero arrests, trials or con-

victions seven years on.

In December 2003, the reerral o the sit-

uation in Northern Uganda to the Court

by its governmentunable to deal with

the LRA problem on its ownprompt-

ed great hopes or a concerted eort to

bring an end to the decades o violence

and impunity in the region. However,

the lack o arrests has led many to ques-

tion the Courts ability to deliver justice

to the victims o grave crimes in North-

ern Uganda. Te ICC prosecutors case

selection has also drawn criticism, with

no prosecutions initiated or the actions

o the Uganda Peoples Deence Forces.

Maintaining a dialogue with aected

communities on their expectations

thereore remains a key challenge or

the Court through its outreach teama

team which may even be downsized in

2012 due to ICC budgetary constraints.

With no police orce o its own, the

ICC relies on states to enorce its ar-

rest warrants. Te LRA moved its base

o operations to remote border areas o

neighboring countries such as the Cen-

tral Arican Republic, the Democratic

Republic o Congo and South Sudan,

enabling ICC suspects to evade capture

and the LRA to continue to commit

atrocities. Such has been the diculty

in combating the LRA that a regional

plan to improve military coordination

has been adopted among states aected

by its violence. In

2009, and more re-

cently in October

2011, the United

States government

provided logistical

and military sup-port to these re-

gional orces.

In parallel, the

Ugandan govern-

ment has attempt-

ed to deal with in-

ternational crimes

through prosecu-

tions at the na-

tional level. In this

respect, the Inter-

national Crimes Division (ICD) o the

Ugandan High Court was established

in June 2010. With jurisdiction over

crimes against humanity, war crimes

and genocide, it was envisaged that the

ICD would take the lead in comple-

menting the ICCs work in the countr y.

Te ICD is an important step orward

or thousands o victims in Northern

Uganda as the government is taking ac-

tion to try international crimes domes-tically, in line with the Rome Statute

principle o complementarity which

highlights the primary responsibility

o states to try perpetrators o crimes

contained in the Statute, said director

o LIRA NGO orum in Uganda, Dan

Okello, at the time o the opening o

the ICDs rst trial against LRA com-

mander Col. Tomas Kwoyelo or al-

leged crimes against humanity.

However, on 22 September 2011, thecountrys Constitutional Court halted

the Kwoyelo trial and held that the de-

endant was entitled to be considered

or amnesty or any crimes he may

have committed during the Uganda

conicta decision that brought the vi-

ability o the ICD and its ability to bring

about an end to impunity in the country

into question.

Te Ugandan government should re- voke any amnesty applicable to crimes

under international law and not impose

amnesties, immunities, statutes o limi-

tations and pardons or crimes under in-

ternational law, urged Amnesty Inter-

national in a statement released shortly

afer the decision. Te government

should ensure prompt and eective in-

vestigation and prosecution o all o

the crimes beore competent, impartial

and independent courts in air trials [...]

and establish eective reparation pro-

grammes designed in consultation with

victims and civil society.

Despite the Kwoyelo cases outcome,

some remain hopeul o Ugandas ability

to prosecute grave crimes at the national

level. Much work has gone into estab-

lishing a domestic ramework or end-

ing impunity or international crimes,

said Joyce Freda-Apio, coordinator o the

Ugandan Coalition or the ICC. Te de-

cision o the Constitutional Court to rule

in avor o the deendant in the Kwoyelo

case partly stemmed rom the ailure to

make usein advance o the ICD pro-

ceedingso the article in the Amnesty

Act stipulating that the minister o in-

ternal aairs can render certain persons

ineligible or amnesty. Future cases at the

ICD may be able to avoid this unortu-

nate situation arising again.

In ear o abduction by the LRA, tens o thousands o children fee their villages

to town centers to seek saety during the night in Northern Uganda. Credit:

Manoocher Deghati/IRIN



HISTORIC FIRST ICC TRIAL DRAWS TO A CLOSE: CHILD SOLDIER ISSUES

REMAIN A CHALLENGE By Bukeni Waruzi, program manager or Arica and the Middle Eastat WITNESS and ormer director and ounder o AJEDI-Ka/Projet Enants Soldats

IN THE DEMOCRATIC Republic o

Congo (DRC)its eastern region in par-

ticularmany children have been recruit-

ed and used as child soldiers by all parties

in the armed conicts that have ravaged

the country since 1996. Tese children

were rst seen as heroes or spilling their

blood in bringing Laurent Desire Kabila

to power in Kinshasa in 1997, and then

as criminals or having been orced to

commit crimes that or the most part lef

themas well as their communitiesse-

verely traumatized. oday, many o these

children are considered victims

under the Rome Statute o the

ICC and the law on the protec-

tion o children adopted by theDRC in January 2009.

Te gravity o the destruction

entailed in the recruitment

and use o child soldiers lies

not only in the loss o the joys

o childhood and education to

guns and violence, but also in

the permanent stigmatisation

and the reduction o the human

value o the child, which will

undoubtedly continue to aect

the ospring o these ormer

child soldiers. No reparation o

any kind can change this.

Reintegration o child soldiers in the

DRC, even with nancial support, can-

not be eective while inrastructural

and developmental problems persist in

host communities. Te issue o reinte-

gration should thereore encourage the

DRC government to include child sol-

diers in its longer-term national devel-

opment policies, rather than simply ad-

dressing the issue within the ramework

o aid projects or the most vulnerable

(as exemplied by the ailure o severa

projects carried out by large nancial in-

stitutions, such as the World Bank).

Child soldiers are present in many con

ict and post-conict countries. Both

girls and boys are constantly used by

the parties involved. Some o these same

countries are even states parties to the

International Criminal Court (ICC)

While the trial o Tomas Lubanga

Dyilo beore the ICC has highlighted

the gravity o the recruitment and use

o child soldiers and the importance o

holding the perpetrators o such crimes

to account, states must do their part in

ensuring that their national legislation

is suciently robust on issues o child

protection and that the issue o reinte-

gration is included in their national de-

velopment policies.

Te ICC, while pursuing its goal o pre

venting and punishing grave crime

should establish a new message in a

ected communities throughout the

DRC: child soldiers are neither heroes

nor criminals, nor are they just victims

Tey are survivors.

A group o unemployed, homeless ex-child soldiers, in a village

outside o Gbadolite, DRC. Many have wives and children and are

expected to provide or their amily with no regular means o in-

comeoten picking up odd jobs around town or walking to the

elds to help out local armers. Credit: Warchild UK/Flickr

THE CASE AGAINST THOMAS LUBANGA DYILO

THE HISTORIC FIRST ICC trial against Congolese warlord Tomas Lubanga Dyilo has entered its nal stages ollowing the hearing

o closing statements on 25 and 26 August 2011. Te ICCs rial Chamber I wil l deliberate on the applicable law and on evidence submit-

ted during the trial, and is expected to pronounce its decision by the end o 2011.

Tomas Lubanga Dyilo, a national o the DRC, is accused o having committed war crimes, including enlisting and conscripting children

under the age o 15 years into the Forces patriotiques pour la libration du Congo, and using them to participate actively in hostilitiesin Ituri, a district o the eastern province o the DRC, between September 2002 and August 2003. Lubanga was the rst person charged

in the DRC situation as well as the Courts rst detainee. He was surrendered and transerred to the Court on 17 March 2006; the trial

started on 26 January 2009.

Te trial has highlighted the gravity o using child soldiers and has helped to bring the issue into international ocus. During the proceed-

ings, 10 ormer child soldiers testied, as did a number o expert witnesses.

Te Lubanga trial is also noteworthy as the rst instance o victim participation in an international criminal trial, with a total o 123 vic-

tims authorized by judges to part icipate. I Lubanga is convicted o the charges, reparations to victims or harms suered may be ordered

by the ICC judges, which would be a groundbreaking rst in international criminal jurisdictions.



SEEKING JUSTICE IN CTE DIVOIRE By Drissa Traore, rst vice-president o the IvorianCoalition or the International Criminal Court (CI-CPI)

ON 3 OCTOBER 2011, Pre-rial

Chamber (PC) III o the International

Criminal Court (ICC) granted autho-

rization to open an investigation into

war crimes and crimes against human-

ity allegedly committed in Cte dIvoire

(CDI) ollowing the presidential elec-

tion o 28 November 2010. While this

has been a welcome and long-awaiteddevelopment in the ght against im-

punity in CDI, the decision by the ICC

prosecutor to restrict the investigations

time-rame to one that covers crimes

committed only on or afer 28 Novem-

ber 2010 has created a situation whereby

the Court could be perceived to be ap-

plying selective justice. Although not a

state party to the Rome Statute, the ICC

has jurisdiction over events in CDI rom

19 September 2002 onwards, owing to aspecial declaration made by its leaders

in 2003. For Ivorian civil society orga-

nizations (in particular those engaged in

ensuring that the ICC is credible, inde-

pendent and contributes to an eective

ght against impunity), it is crucial that

the ICC prosecutor investigate the entire

period o crisis in CDI.

It is well known that violent conict

has been ever-present in CDI rom Sep-

tember 2002 through May 2011. Grave

crimesdocumented by many indepen-

dent observersunder the jurisdiction

o the ICC have been committed by all

sides o the conict in CDI. Examples

include the mass grave o Monoko-Zohi

allegedly created by pro-Gbagbo orces

in December 2002 and the massacres oDukou allegedly committed by pro-

Ouattara orces in March 2011.

Prolonged conict has torn apart the

very abric o society in CDI, and the

ICC has in act come to be seen as a key

element in the reestablishment o the

rule o law in the country. Te crisis

was marked in particular by the weak-

ening o the national justice system.

Te impartiality and independence o

the judiciary was severely undermined,and with it, its ability to address crimes

committed during the civil war as well

as those connected to both sides o the

disputed elections. Meanwhile, most

police ocers and magistrates lef the

north, an area ormerly controlled by

the New Forces (ormer rebels), to seek

reuge in the southern region o the

country. Tere is consequently an urgent

need or a rapid redeployment o new o-

cials in aected areas o the country in

order to rebuild the justice system there.

Tere is also a ear that senior ocials

in the administrationarmy, police andgendarmerie considered big shcould

escape rom national justice or various

reasons, including by beneting rom

immunity or by the possible inuence

that they could have on the process o

restoring peace.

In their decision authorizing the open-

ing o an investigation in CDI rom 28

November 2010, the judges o PC III

also ordered that the prosecutor submit

any additional inormation available tohim on potentially relevant crimes com-

mitted between 2002 and 2010, creating

a window o opportunity that may al-

low the ICC to win over those who now

doubt its impartiality.

Ivorian civil society thereore urges the

ICC pre-trial chamber to use the inor-

mation provided by the prosecutor to

extend the timerame o the investiga-

tion. Should this transpire, civil societycalls on the prosecutor to investigate and

prosecute all those most those responsi-

ble or bringing death and destruction to

CDI rom 2002 onwards, and bring jus-

tice to the ar too many victims o this

conict. Te ruptures between the pro-

Ouattara supporters and pro-Gbagbo

supporters cannot heal i justice is seen

as serving one side or the other.

People at a bus station in Abidjans Adjam District, looking to fee the post-election

violence. Credit: Alexis Adl/IRIN

Prolonged confict has torn

apart the very abric o society

in Cte dIvoire, and the ICC has

in act come to be seen as a key

element in the reestablishment

o the rule o law in the country.



UNICC

SINCE THE UNITED Nations Secu-

rity Council (UNSC) reerral o Libya to

the International Criminal Court (ICC)

in February 2011, the Courts work has

continued to remain high on the agenda

o many at the UN headquarters in New

York. In addition to the yearly United

Nations General Assembly (UNGA)

resolution on the ICC, issues relating to

the Court have arisen in various ora, in-

cluding in the deliberations o the UNSC

on the cases o Syria and Palestine.

ICC Annual Report

On 26 October 2011, ICC President Judge

Sang-Hyun Song presented the Courts

seventh annual report

to the UNGA. Presi-

dent Song highlighted

key ICC activities and

other developments

o relevance to UN/

ICC relations. He also

stressed the impor-

tance o close ICC en-

gagement with states,

the UN and regional

and intergovernmen-

tal organizations to

enhance international

cooperation in the

ght against impunity,particularly in the ex-

ecution o the Courts 11 outstanding ar-

rest warrants.

66th UNGA

Te ICC and the ght against impunity

again eatured extensively in the 196 ad-

dresses made during the General Debate

o the 66th UNGA held rom 21-27 Sep-

tember 2011 on the role o mediation

in the settlement o disputes by peace-

ul means. Te UNGA, spearheadedby the Netherlands, adopted its yearly

resolution on the ICC. Te resolution

welcomed the report o ICC President

Song and called upon all states that have

not yet ratied the Rome Statute to con-

sider doing so. Te resolution also called

upon states to provide cooperation and

assistance to the Court in the arrest and

surrender o ICC suspects.

Libya

On 4 May and 2 November 2011, ICC

Prosecutor Luis Moreno-Ocampo re

ported to the UNSC on progress made in

his investigation regarding the situation

in Libya, which he opened on 3 March

2011 ollowing a preliminary examina-

tion o available inormation. Tis came

afer UNSC Resolution 1970 (2011), ad-

opted on 26 February 2011, reerred the

situation to his oce. As the situation

continued to develop on the ground, ICC

supporters within the UNSC worked be

hind the scenes to ensure that subsequen

resolutions passed on the situation con

tinued to recognise the importance o

the Court. In particular UNSC Resolu-

tion 2009 (2011), passed on 16 September

2011, contained language reiterating the

importance o cooperation with the ICC

in Libya. Since the killing o ormer Liby-

an leader Muammar Gadda on 20 October 2011 the attention o UNSC member

has shifed towards securing the arrest o

ICC suspects Sai Al-Islam Gadda and

Abdullah Al-Senussi.

DEVELOPMENTS AT THE UN

Nassir Abdulaziz Al-Nasser (second rom right), President o the 66th ses-

sion o the General Assembly, and Sang-Hyun Song (third rom let), Presi-

dent o the International Criminal Court (ICC), meet at UN Headquarters with

their delegations on 27 October 2011. Credit: UN Photo/JC McIlwaine

ICC IMPLICATIONS OF PALESTINE UN BID

PALESTINES APPLICATION to become a UN member at the 66th UNGA in September 2011 holds considerable implications or

its involvement with the ICC.

Upgrading the legal status o Palestine to that o a state that has the support o the international community will allow it to access inter-

national justice mechanismsthe ICC in particularin order to obtain justice or victims, explained Shawan Jabarin, general director

o Al-Haq, a Palestinian human rights organization and a Coalition member. Access to the ICC is essential to end impunity or gross

international law violations committed in the Occupied Palestinian erritory (OP) and as deterrent or urther violations. Jabarin

added, Te ICC would contribute to reducing the protection gap in which civilians in the OP currently live and to ensuring that local

authorities, both Israeli and Palestinian, conorm to international legal standards and rerain rom committing violations.

On 23 September 2011, Palestinian Authority President Mahmoud Abbas presented an application or Palestinian membership at the

UNSC. Full membership o the UN would aord Palestine greater authority than it currently enjoys with its observer status. Elevation

rom nonvoting observer entity status to that o either member state (through the UNSC) or nonvoting observer state (through a

UNGA resolution) could grant Palestine the statehood required to ratiy the Rome Statute and other international treaties.



UPDATEAFRICA

ALTHOUGH AFRICAN STATES were

instrumental in the creation o the Interna-

tional Criminal Court (ICC) and 32 o them

have ratied the Rome Statute (RS), the A-

rican Union (AU) has continued to assume

a negative stance toward the ICC since it is-

sued arrest warrants or Sudanese President

Omar Al-Bashir in 2009 and 2010. Arican

civil society is calling on states to support the

rights o victims and uphold the rule o law

by adhering to their obligations under the RS

and under their constitutions in order to en-

sure that Arican leaders and bodies respect

human rights and that those responsible or

violating these rights are held accountable.

Te AUs inuence over its member states has

recently been called into question by civil soci-

ety in Arica and by some o its members that

are also RS states parties. Several states, such

as Botswana and South Arica, have stood by

their obligations under international criminal

law and have not been particularly pleased

with the AUs decisions on ICC-related mat-

ters. But, in the interest o harmony and given

the realpolitik that still governs many rela-

tions, those opposing such decisions have had

to accept the AUs position.

Civil society in Arica has opposed the hi-

jacking o the AU leadership by certain

heads o state that exert immense inuence.

In a statement issued by 125 civil society

groups across Arica in advance o the June

2011 AU Summit, NGOs called on Arican

states to take clear positions in support o the

ICC. Arica was a major player in creating

the ICC, said Stephen umwesigye o Hu-man Rights Network Uganda. Arican states

should urge the AU to increasenot scale

downsupport or holding the worst rights

abusers to account.

Recent developments have served to chal-

lenge this incongruous situation within the

AU leadership. It has been known or some

time now that ormer Libyan leader Muam

mar Gadda held a huge amount o inu

ence over several Arican states and that

economic development and social programs

over the years severely compromised the in

dependence o many AU states in governing

meetings. Te all o certain leaders within

the AU augurs well or the ICC, stated the

Ivorian Coalition or the ICC. It is indeed ex-

pected that Gaddas overthrow will gradu-

ally lead to a positive change in the AUs poli

cies vis--vis the ICC.

Gaddas ouster rom power has created an

opening that should be exploited by civil so-

ciety in Arica. Given this context, the Coali-

tion will continue its work with civil society

groups across the continent and ocus on

initiating strategies that will help to advance

human rights and the Courts work in Arica

particularly through campaigns, outreach

and media actions.

OPPORTUNE TIME FOR CIVIL SOCIETY ADVOCACY AT THE AU

IN RWANDA AND BURUNDI, COMPETING VIEWS ON THE ICC

SINCE THE ICCS creation, Rwandans have generally had only vague ideas about its work. Even some human rights activists seem to

be conused regarding the Courts role in contrast with that o the International Criminal ribunal or Rwanda (ICR), and the govern-ment has not been in any hurry to become an ICC state party. However, since 2010, several conerences and workshops on international

justice in Kigali have helped increase awareness amongst human rights deenders.

According to a prominent Rwandan civil society member, the ICC is not well known in Rwanda while much o the population is well-

inormed about the ICR because o the important media coverage o ICR proceedings by Rwandan media . An ocial o the Rwandan

Oce o the General Prosecutor expressed doubt regarding the ICCs impartia l character as a body ghting impunity only in the third

world. He concluded that the Rwandan judiciary is able to investigate and prosecute all allegations o grave crimes like genocide, crimes

against humanity and war crimes that have occurred in Rwanda or involve its nationals abroad.

In Burundi, key civil society actors have expressed concerns over the systematic arrests and murders o members o the opposition party

the National Liberation Front, FNL-Agathon Rwassaand have called on the ICC prosecutor to launch an investigation into those murders.

An ocial at the Burundian Ministry o Justice noted that although Burundi has been involved in the international justice process since

it ratied the RS in 2004, and understands the Statutes role in the global ght against impunity, the social and political context in Bu-

rundi is in avor o a truth and reconciliation commission in order to reconcile all Burundian communities and to obtain the truth on

past violations.

Byamungu Armel Luhiriri, the Coa litions Arica situations lia ison, conducted an eight-day mission to Rwanda and Burundi in July

2011 to meet with civil society, government ocials and the media to discuss these countries attitudes and progress on justice and the

ICC. In Rwanda, he urged ocials and civil society to commit to working toward Rwandas ratication o the RS, as one important

layer o protection in the ght against impunity. In Burundi, he urged government ocials to move more quickly to ul ly implement

the RS and civi l society to strengthen their coordination to better advocate or these important advancements and to make the work

o the ICC more visible.



UPDATEAMERICAS

INTERNATIONAL COMMISSION AGAINST IMPUNITY IN GUATEMALA

Strengthening the National Judicial System

THE FOLLOWING IS an excerpt rom an

interview conducted with Tomas Pastor, reg-

istrar o the International Commission AgainstImpunity in Guatemala (Comision Internacio-

nal Contra la Impunidad en Guatemala), or

CICIG, published in the Coalitions Latin Ameri-

ca/Caribbean (LAC) Newsletter, LAC al Dia.

Te International Commission Against Im-

punity in Guatemala (CICIG), a joint cre-

ation o the Guatemalan government and the

United Nations, was established to support

the Guatemalan state in the ght against ille-

gal security groups and clandestine security

organizations known by their Spanish acro-nym CIACS.

Te CIACS were created during the inter-

nal armed conict in Guatemala and were

criminal illegal structures that included the

participation, or at least acquiescence, o

state actors. Despite a specic commitment

included in the peace agreement upon the

ending o the conict, these groups were not

dismantled. Tey were instead consolidated

into organized crime that operated with im-

punity in conjunction with state agents.

Te CICIG has delivered important contri-

butions to the strengthening o the judicial

system and the rule o law in Guatemala. Itplays a role in providing support or penal in-

vestigations, and is mandated to intervene as

a special prosecutor in cases against CIACS

memberscollaborating with, rather than

replacing, the Public Ministry (the police and

the judicial body responsible or investigations

and criminal prosecutions). Since its creation,

the CICIG has received more than 2,000 com-

plaints and opened 100 investigationso

which hal have been processed and approxi-

mately 20 have resulted in convictions.

Te CICIG has spearheaded the introduc-

tion o important legal and institutional

reorms aimed at promoting the adoption

o strategies to advance criminal policy in

Guatemala. As well as expediting investiga-

tions and prosecutions o CIACS members,

it has provided important technical support

to the Public Ministry and strengthened, in

particular, the specialized human rights and

organized crime prosecutor oces. With a

view to establishing a more independent ju-

dicial branch in Guatemala, the Commission

has produced important thematic reports on

issues related to criminality and other prob-lems that aect the exercise o judicial unc-

tions, among others.

Given the lessons learned rom the CICIG ex

perience, proposals have been orwarded to

establish a similar institution with jurisdic-

tion in El Salvador and Honduras, the aim

being the establishment o uniorm standards

across the region in the ght against impunity

However, beore proceeding with a project o

this nature, careul considerationas well as

a good understanding o these countriesis required. El Salvador and Honduras may

ace challenges akin to those in Guatemala

but they also have dierences. A thorough

analysis o their judicial systems is thereore

necessary in order to determine compatibil

ity with an international commission such as

the CICIG. Its establishment also needs to be

weighed against the likelihood o successu

implementation o legal and political reorms

at the national level in order to determine

whether such a project is easible.

NICARAGUA: CENIDH USES MEDIA ADVOCACY TO PRESS FOR RATIFICATION

USING THE MEDIA advocacy potential o the Coalitions Universal Ratication Campaign (URC), which eatured Nicaragua and El

Salvador as its September ocus countries, the Centro Nicaraguense de Derechos Humanos (CENIDH) organized a press conerence and

a series o bilateral meetings with Nicaraguan presidential candidates in an eort to ensure that Rome Statute (RS) ratication is raised

as part o the electoral campaign.

In meetings held with CENIDH president Vilma Nuez and Coalition Coordinator or the Americas Francesca Varda, presidential

candidates Arnoldo Aleman o the Partido Liberal Nacionalista (PLN) and Fabio Gadea o the Partido Liberal Independiente (PLI) rec-

ognized the importance o the RS in promoting accountability and ghting against impunity.

Nicaragua has maintained a tepid stance on the ICC. ogether with the United States, it is the only Organization o American States

member to include a reservation to the annual resolution on the promotion o the ICC. While the government adopted a new penal code

in 2008 that includes most ICC crimes and other key provisions, such as removing the statute o limitations or these crimes, the govern-

ments statements regarding support or the RS have been limited and concrete plans to ratiy remain unclear.

Given the recent media interest in international crimes resulting rom the release o a documentary on impunity related to the 1984 mas-

sacre oLa Penca, and questions on whether the government would consider providing asylum to ormer Libyan leader Muammar Gad-

da, CENIDH also produced a radio vignette calling on the government to ratiy the RS without urther delay. It was widely circulated

on two o the most important stations in the country.



UPDATEASIA

THIS YEAR THE Asia-Pacic region has

made signicant advances in ghting impu-

nity. Maldives and the Philippines acceded to

and ratied the Rome Statute (RS) on 21 Sep-tember 2011 and 30 August 2011 respectively.

Meanwhile, Vanuatu and Malaysia are nal-

izing their ocial accession instruments. A-

ter more than 11 years o collective advocacy

eorts rom civil society, governments, par-

liamentarians and the International Crimi-

nal Court (ICC), the region is increasingly

recognizing the RS as a crucial mechanism

or justice and accountability.

ICC President Sang Hyun Songs visit to Asia

rom 5-13 March 2011 eectively encouraged

the Philippines and Maldives to complete their

ratication processes and urther inspired

countries such as Malaysia, Vanuatu and Bru-

nei Darussalam to consider ratiying the RS.

Having experienced colonization, repressive

regimes and conict, the people o Asia hold

a strong desire to be part o an international

community that respects the rule o law and

human rights, which has motivated many

NGOs in the region to join in the call on gov-

ernments to be part o the ICC. Countries that

have experienced signicant conictCam-

bodia, imor-Leste, Aghanistan, Bangladesh

Korea, Japan, Mongolia, the Philippines and

Maldiveshave been the rst to recognize the

Courts role in ghting impunity or the grav-

est crimes, particularly as they can intimately

relate to the suerings o victims and the soci

etal eects o such crimes.

Obstacles to ratication in the region were

ofen maniold, leading to slower progress

in certain countries. In some areas interna

conicts and various other dynamics hin

REFLECTING ON ICC STATUTE ADVANCES IN ASIA

THE PHILIPPINES: LONG-AWAITED RATIFICATION BECOMES REALITY

> CONTINUED ON P. 18

AFTER MORE THAN 11 years o civil society campaigning,

the Philippines ratied the RS o the ICC on 30 August 2011, be-

coming the rst o the ve ounding member states o the Asso-

ciation or Southeast Asian Nations to join the Court.

Although the Philippines participated in the 1998 Rome Con-

erence and signed the RS on 28 December 2000, ratication re-

mained elusive or years. Over time, the dierent departments

within the Philippines executive branch approved the ratica-

tion. However, obtaining the endorsement o the Department o

National Deense (DND) proved to be a particular challenge. Inan eort to address concerns, civil society participated in a num-

ber o meetings and seminars with DND ocials over the years.

On 6 May 2011, afer nally receiving the DNDs support, Presi-

dent Benigno Aquino III submitted the instrument o ratication

to the Philippine senate, which voted 17-1 in avor on 23 August 2011.

Tis ratication is a high point or all those who have worked tirelessly to get to this stage o our long struggle to give justice to victims

and to end impunity in the Philippines, said Evelyn Balais-Serrano, a driving orce in the campaign or ICC ratication in the Philip-

pines and the Coalitions coordinator or the Asia-Pacic region. It is a rearmation o every Filipinos desire to hold perpetrators ac-

countable or human rights violations.

Te impact o civil society initiatives and partnerships with various sectors within the government, legislators, security sector, media,

international community, academia, womens and human rights advocates, parliamentarians and other groups was crucial in gaining

consensus towards support or the ICC and or international justice.

In particular, the Philippine Coalition or the ICC consistently pursued the campaign through lobbying, dialogues with the security

sector, education activities, special events and even the ling o a mandamus case to get the executive to send the ratication papers to

the Senate. A visit rom ICC President Judge Sang-Hyun Song in March 2011 also helped catalyze the nal ratication steps, prompting

President Aquino to transmit the RS to the senate or approval.

On 25 August 2011, the Philippines nominated Senator Miriam Deensor Santiago as its candidate or the 2011 ICC judicial elections,

taking ull advantage o its rights as a state party to the RS.

Civil society celebrates the Philippines joining the ICC as the 117th state

party to the Rome Statute. Credit: PCICC



UPDATEEUROPE

THE ARRESTS OF Ratko Mladic and

Goran Hadi in May and July 2011, respec-

tively, ended one o the longest manhunts

in modern international criminal justice.

Serbias handover o these individuals to the

International Criminal ribunal or the or-

mer Yugoslavia (ICY) was a culmination o

a decades-long eort to bring to justice those

responsible or the most serious crimes o

concern to the international community and

brought to a close one o the worst chapters in

Europes recent history.

Mladic, a ormer Bosnian Serb military lead-

er, is allegedly responsible or having com-

mitted genocide and war crimes during the1992-95 Bosnian war. Hadi, the ormer

leader o the breakaway Croatian Serb Re-

public, has been charged with 14 counts o

war crimes and crimes against humanity al-

legedly committed in Croatia in 199193.

Te arrests happened as ICY Prosecutor

Serge Brammertz was preparing to deliver his

report to the United Nations Security Coun-

cil on the Serbian governments lack o coop-

eration with the court, and at a time when a

number o European Union (EU) member

states had vowed that Serbian accession to the

EU would not advance without the arrests o

the two ugitives. Indeed, Brammertzs una-

vorable assessment would have had a signi-

cant impact on Serbias EU accession bid, as

ull cooperation with the tribunal was an es-sential condition or it advancing.

In addition, at the time o Mladics arrest, Euro-

pean Council President Herman van Rompuy

commended Serbian President Boris adi or

his work aimed at realizing Serbias European

perspective, calling it a turning point or Ser-

bia, the region and international justice.

Although Serbia may have handed Mladic

and Hadi over in the interest o EU acces-

sion rather than justice per se, this is no less

a victory or justice. Essentially, these arrests

send a clear message to perpetrators o the

most serious crimes: impunity will not pre

vail. As such, they were not just a victory or

the victims o the alleged crimes but also or

the concept o international justice at large.

Like the ICY, the International Crimina

Court (ICC) relies on states cooperation or

the execution o arrest warrants. Te success o

the EUs conditionality o cooperation with the

ICY speaks to the eectiveness o European

inuence, which can be extended to encourag

ratication and implementation o the Rome

Statute and robust cooperation with the ICC.

I the prospect o advancing relations with

the EUwhether via accession, developmen

aid or improved tradecan serve as an exter

nal incentive or internal reorms, it should

be held out at every opportunity. Similarly

i other states and regional and internationa

organizations were to apply consistent col

lective political and diplomatic pressure on

non-cooperative governments, outstanding

ICC warrants could be ully executed and

more perpetrators brought to justice. o

gether, the international community has sev

eral bargaining tools at its disposal to eec

changeit should not hesitate to use them in

the interest o justice.

THE BARGAINING TOOLS OF INTERNATIONAL JUSTICE

EU REVISES ICC INSTRUMENTS; NOW TIME FOR IMPLEMENTATION

IN 2011, THEEU progressed in ullling its pledges rom the 2010 Review Conerence. Having committed to updating the instruments

related to the ICC, the EU undertook a revision o the Common Position on the ICC and its accompanying Action Plan.

In March, the Council o the EU adopted a Decision on the International Criminal Court, replacing the 2003 Common Position which had

guided activities on the ICC over the past decade. Te decision aims to advance universal support or the RS, preserve the independence and

eective unctioning o the ICC and support cooperation and complementarity.

Finalized in July, the revised Action Plan to ollow up the Decision contains several new elements, including concrete measures on the is-

sues o cooperation and complementarity, such as avoiding non-essential contact with individuals subject to ICC arrest warrants, developinga complementarity toolkit and supporting training or judges and prosecutors.

More responsibility is put on member states to ensure that ICC-related actions at the national level are undertaken in a coherent and

coordinated manner, while the EUs External Action Service is tasked with mainstreaming the ICC and the ght against impunity in the

EUs oreign policy. Te service will also mobilize expertise, including that o NGOs, to provide inormation and assistance on ICC is-

sues. Tis will hopeully lead to more consistency throughout the EU regarding cooperation, complementarity and support or the Court.

Tese revisions represent a rearmation o the EUs commitment and support o international justice and the RS system. Te eective

implementation o these instruments will be crucial or the goal o ending impunity and providing recourse to justice or the victims o mass

human rights violations.

Alleged war criminals, Ratko Mladic and Goran

Hadzic. Credit: Wikimedia Commons



UPDATEMENA

THE PAST MONTHS have been

marked by unprecedented change in the

Arab world. Protests occurring through-

out the Middle East and North Arica

(MENA) have had immense political im-

pact and have resulted in the ousting o

the presidents o unisia and Egypt, and

the removal o Muammar Gadda rom

his seat o power in Libya. Demonstrations

suppressed by violence are continuing in

some areas, including Syria, Yemen and

Bahrain. Furthermore, calls or democ-

racy and reorm are sweeping the region.

Democracy, transparency, social justice,

the rule o law and respect or humanrights are the main demands o the people.

In some countries, the Arab Spring has re-

sulted in the adoption o international hu-

man rights standards and increased respect

or the rule o law. unisia ratied the Rome

Statute (RS) on 24 June 2011, becoming the

rst state party in North Arica and the

ourth rom within the Arab League states.

In Egypt, the oreign minister during

the transition period explicitly said thatEgypt would work on joining the Inter-

national Criminal Court (ICC) and other

agreements on human rights. Libya was

reerred to the ICC by UN Security Coun-

cil Resolution 1970 (2011), which was ad-

opted unanimously. On 16 May 2011, ICC

arrest warrants were issued or Muam-

mar Gadda, Sai Al-Islam Gadda and

Abdullah Al-Senussi.

Demonstrations are sweeping all parts o

Syria and violence in no small measure

has erupted as a result. On 23 August,

the UN Human Rights Council held an

emergency session on Syria. It was de-

cided with the approval o 33 member

states to orm an investigative committee

on allegations o crimes against human-

ity carried out by the Syrian government

against its citizens. Te Council also con-

demned the widespread violations carried

out against protestors by security orces in

the country.

Although Qatar was among the seven states

that voted against the adoption o the RS at

the 1998 Rome Conerence, it has recently

expressed some interest in the ICC. Qatar

hosted the Regional Conerence on the ICC

in the Middle East in Doha on 24-25 May

2011. It also signed an agreement with the

ICC on 19 June 2011, according to which

Doha will be the ICC regional seat o in-

ormation, training and qualiying o Arab

counsel to work or the ICCa move that

will not only benet the ICC, but arguably

strengthen national capacity. In addition,

on 26 May 2011, a new campaign, CallingArab Lawyers, was launched by the ICC

at the University o Qatar, which seeks to

increase the number o Arabic-speaking

lawyers on the ICCs list o counsel.

Te time has come or our countries to

join the international community in the

ght against impunity or the most serious

crimes, and to make the strongest com

Monitor - 43 English

Documents

Transcript of Monitor - 43 English