WITH A MANDATE that can hold the leaders of nations to ac- count, the plight of victims can often be overlooked in discussions around the work of the International Criminal Court (ICC). As it begins its second decade, all stakeholders in the Rome Statute (RS) system must ensure a renewed emphasis on prioritizing and pro- moting the interests of victims—starting at the 2013 Assembly of States Parties (ASP).
When the RS was agreed upon in Rome 1998, civil society was at the forefront of ensuring that it acknowledged victims’ rights as an in- tegral element of international criminal justice. For the first time at the international level, victims would be able to actively and indepen- dently participate in criminal proceedings and claim reparations for harm inflicted on their person, family and community.
“International criminal law must be seen not only as a tool for pros- ecuting authors of heinous crimes, but also as a crucial mechanism that can provide victims of such crimes with an option and a possi- bility of enforcing their rights to truth, justice and reparations,” said Adriana Benjumea, director of Corporación HUMANAS Colombia.
“It is through this approach that one can truly speak of international criminal law as victim-centered.”
To ensure it does not exacerbate victims’ trauma, the ICC has strong measures in place to ensure respect for their dignity and protection.
The RS is also the first international treaty to incorporate the full range of sexual and gender-based violence as crimes against human- ity, war crimes and, in some instances, genocide. It even goes further than the ad hoc international tribunals by recognizing crimes such as forced sterilization and forced pregnancy.
Meanwhile, the Trust Fund for Victims (TFV) was given the unprec- edented role under the RS of providing general assistance to victims as well as implementing Court-ordered reparations.
The move towards international justice that is both restorative and
retributive demonstrated a groundbreaking and ambitious commit- ment by the international community. However, the ICC has a long way to go yet before it can be said to be fully realizing this task. The development of a novel international legal system that includes far reaching rights to victims is proving to be a long and difficult process.
“After more than 10 years of work, the international community must step up and truly ensure that the ICC delivers on its promises to victims and affected communities,” said Karim Lahidji, president of the Inter- national Federation for Human Rights (FIDH). “Despite significant ef- forts, the RS system is currently falling short of achieving the potential of delivering meaningful and restorative justice to the men, women and children who have been victims of unimaginable atrocities.”
The Court’s first trials have been marked by delays and seen victims lose hope in justice delivered expeditiously. The diverse views on the
DELIVERING ON THE PROMISE OF MEANINGFUL JUSTICE TO VICTIMS
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MONITOR TheJournal of the COALITION FOR THE INTERNATIONAL CRIMINAL COURT
“International criminal law must be seen not only as a tool for prosecuting authors of heinous crimes, but also as a crucial mechanism that can provide victims of such crimes with an option and a possibility of enforcing their rights to truth, justice and reparations. It is through this approach that one can truly speak of international criminal law as victim-centered.”
A child in an internally displaced persons camp in South Kivu, Demo- cratic Republic of Congo. Most of the inhabitants of the camp arrived due to rebel attacks in the region. Photo: Aubrey Graham/IRIN
EDITORIAL SECTION 2
NOTE FROM THE CONVENOR
AS THE MONITOR went to press, the Afri- can Union (AU), spear- headed by the Kenyan president and deputy president—both facing trial at the Interna- tional Criminal Court (ICC)—and other East African leaders, adopt- ed a resolution calling for immunity for sit- ting heads of state and government.
The provision of “no
immunity” was among the greatest achievements of the governments and NGOs that helped craft the Rome Statute. The Coalition hopes that governments will never surrender this fundamental pillar of the permanent ICC, which gives full meaning to the ultimate goal of achieving peace through replacing “rule by law” with “rule of law.”
In the last issue of the Monitor, I wrote that the ICC’s second decade would be even more challenging than the first, and this certainly
The MONITOR
Journal of the COALITION FOR THE INTERNATIONAL CRIMINAL COURT Issue 45: 2013–2014
Views expressed here are those of the authors and not necessarily those of the Coalition Secretariat, our members or our funders. Ar- ticles without a byline have been written by Coalition Secretariat staff.
COALITION STAFF LIST
William R. Pace Convenor, New York and The Hague Jelena Pia-Comella Program Director, New York Amielle Del Rosario Program Associate, The Hague Lesley Hsu Program Associate, New York COMMUNICATIONS SECTION
Linda Gueye Head of Communications, New York
Agustina Bidart Spanish Communications Officer, Buenos Aires, Argentina Claire Giraudet Communications Consultant, The Hague Spencer Lanning IT Manager, New York
Niall Matthews Communications Officer, The Hague Peony Trinh Design Manager, New York
Dan Verderosa Communications Consultant, New York DEVELOPMENT SECTION
Daniel Rees Director of Development, New York Matthew Ehrlich Development Fellow, New York Liam Harte Grant Writer, New York FINANCE AND ADMINISTRATION SECTION Robert Giordano Director of Finance, New York
Radha Darji Finance and Administration Associate, New York Samira Mohamed Finance and Administration Officer, New York Fartuna Said Accounting Consultant, New York
Hugo Strikker Finance and Administration Officer, The Hague LEGAL SECTION
Sunil Pal Head of Legal Section, The Hague Matthew Cannock Legal Officer, The Hague Laura Cools Legal Fellow, New York Alix Vuillemin Grendel Legal Officer, The Hague REGIONAL SECTION
Brigitte Suhr Director of Regional Programs, New York Alexandra Sajben Regional Program Assistant, New York Virginie Amato Senior Advocacy and Program Officer for
Europe, Brussels, Belgium María Belén Gallardo Rivas Americas Fellow, Lima, Peru Francis Dako Africa Coordinator, Cotonou, Benin Leila Hanafi MENA Coordinator, Rabat, Morocco Mina Ibrahim MENA Fellow, New York
Stephen Lamony Senior Adviser - AU, UN and Africa Situations Kirsten Meersschaert-Duchens Europe Coordinator, The Hague
Amal Nassar MENA Program Officer, Amman, Jordan Michelle Reyes-Milk Americas Coordinator, Lima, Peru
CICC STEERING COMMITTEE
Adaleh Center for Human Rights Studies – Amman, Jordan • Amnesty International • Asian Forum for Human Rights and Development (FORUM-ASIA)—Bangkok, Thailand Asociación Pro Derechos Humanos (APRODEH -Perú)—Lima, Peru • Civil Resource
Development and Documentation Centre (CIRDDOC)—Enugu, Nigeria • Comisión Andina de Juristas (CAJ) —Lima, Peru • International Federation for Human Rights (FIDH)—Paris, France • Georgian Young Lawyers’ Association (GYLA)—Tbilisi, Georgia
Human Rights Network-Uganda (HURINET-Uganda)—Kampala, Uganda • Human Rights Watch (HRW) • Justice Without Frontiers (JWF) – Beirut, Lebanon • No Peace Without Justice (NPWJ) • Parliamentarians for Global Action (PGA) • The Redress Trust
(REDRESS)—London, United Kingdom • Women’s Initiatives for Gender Justice World Federalist Movement–Institute for Global Policy (WFM-IGP)
ABOUT US
The Coalition for the International Criminal Court includes more than 2,500 civil society organizations spread across 150 countries working in partnership to strengthen international cooperation with the ICC; en- sure that the Court is fair, effective, and independent; make justice both visible and universal; and advance stronger national laws that deliver jus- tice to victims of war crimes against humanity and genocide.
The Monitor is the Coalition’s flagship publication. It is distributed worldwide in English, French and Spanish and is available online at www.coalitionfortheicc.org/?mod=monitor
The Coalition encourages readers to submit letters on any of the arti- cles or issues contained within the issue of The Monitor. Please write to the address below or email communications@coalitionfortheicc.org c/o WFM-IGP, 708 3rd Ave, 24 fl
New York, NY 10017 USA Phone: + 1 212-687-2863 Fax: +1 212-599-1332
Email: cicc@coalitionfortheicc.org Web: www.coalitionfortheicc.org
Bezuidenhoutseweg 99a, 2594 AC The Hague, The Netherlands Phone: +31-70-363-4484 Fax: +31-70-364-0259
Email: cicc-hague@coalitionfortheicc.org
Together for Justice: Civil society in 150 countries advocating for a fair, effective and independent ICC.
Ö
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EDITORIAL SECTION
This publication has been produced with the financial assistance of the European Union. The contents of this publication are the sole responsibility of the Coalition for the International Criminal Court and should in no way be taken to reflect the views of the European Union, Irish Aid or any other donor.
Cover
Delivering on the Promise of Meaningful Justice for Victims
4 ICC/ASP Changes and developments at the Court and issues at stake for the 12th ASP
9 Cases and Situations
Updates on some of the ongoing cases and situations before the ICC
13 Regional Coalition advocacy and developments in Africa, the Americas, Asia, Europe and MENA
20 UN/ICC Successes and challenges ahead for mainstreaming justice into the UN peace and security agenda
IN THIS ISSUE
GLOBAL PARTNERS: SPOTLIGHT ON THE PAUL D. SHURGOT FOUNDATION
THE COALITION FOR the International Criminal Court is deeply appreciative of the gener- ous support provided by all of our many partners and donors from around the globe. The Paul D. Shurgot Foundation has been a longtime partner of the Coalition’s efforts around the world.
This vital partnership has enabled the Coalition to further international justice and cooperation with the ICC in more than 150 countries. According to William J. Butler, president of the Foun- dation, the work of the Coalition’s “staff and volunteers is an inspiration and has a real impact on addressing some of the most pressing international issues of concern and I am proud to support these efforts.” Thanks to the Paul D. Shurgot Foundation, the Coalition is a crucial player in the fight to end genocide, war crimes and crimes against humanity through a commitment to the core values of human rights and justice.
Additional major support has been provided by the European Union, Humanity United, the John D. & Catherine T. MacArthur Foundation, the Open Society Foundations, the Samuel Rubin Foundation, the Sigrid Rausing Trust and the governments of Australia, Austria, Bel-
gium, Denmark, Finland, Ireland, Liechtenstein, Luxembourg, New Zealand, Norway, the Netherlands, Sweden and Switzerland. The Coalition is also grateful for the support it receives from many committed individuals around the world, which is essential to its effort to secure a future in which justice is accessible to all. If you would like more information of how you can support our work, please visit our website at www.coalitionfortheicc.org or contact us by phone at +16464658527 or via email at development@coalitionforicc.org. appears to be the case. We knew that bringing sitting heads of
government into an international criminal court with no im- munity would be immensely difficult, as are the challenges of executing international arrests, of investigating crimes in sit- uations of ongoing conflict, of fostering a better relationship between the United Nations Security Council and the ICC, of protecting witnesses and placing victims at the forefront of proceedings. Yet achieving these goals is crucial to realizing the potential for peace that the ICC represents.
We note very sadly the recent death of Christopher Keith Hall, one of the founders of the Coalition and one of the finest cam- paigners for human rights, justice and the rule of law in our time. At this time, Christopher would be reminding us that in Rome it was the African governments that fought hard for no immunity, for the end of impunity, for an ICC to address the terrible conflicts raging on their continent. He would remind us all—NGOs, Court officials and especially the Assembly of States Parties—of how much better we all have to do to.
William R. Pace, Convenor of the CICC
William J. Butler, president of the Paul D. Schurgot Foundation. Credit: Paul D.
Schurgot Foundation
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C O VER
JUSTICE TO VICTIMS
(continued from page 1) implementation of victims’ rights withinthe Court’s judiciary—as evidenced by the differing approaches taken on participa- tion in different cases—has often left vic- tims not knowing what to expect or how to fully exercise their rights under the RS.
Processing a backlog of thousands of victims applications to participate in the proceedings, protecting those at risk and conducting outreach to affected commu- nities are just a few examples of the chal- lenging tasks the ICC is facing in execut-
ing a victim-centered approach without adequate financial resources.
Efforts are underway within the Court to breathe more life into that approach.
Prosecutor Fatou Bensouda is focusing on victims with the development of gen- der-justice and children’s issues policies.
Newly appointed Registrar Herman von Hebel is prioritizing enhancing the ef- ficiency and effectiveness of the Court’s administration, starting with the Vic- tims and Witnesses Unit, which plays the leading role in protec- tion issues.
States parties can play an essential role in provid- ing administrative over- sight to the Court and in establishing principles for reviews of areas of the Court’s work. Following the 2010 Review Confer- ence in Kampala, the ASP requested the Court to re- vise its strategy in relation to victims. The updated strategy is currently being implemented. It contains outcomes from stocktak- ing exercises on victims and affected communities at the Review Conference, best practices from the field and substantial in- put from NGOs and other stakeholders.
The ASP has also given diplomatic support by recognizing in its resolu- tions victims’ rights to equal and effective access to justice, protection and support, adequate and prompt reparation for harm suffered, and access to relevant information concerning violations and redress mechanisms. The ASP annually emphasizes the importance of effec-
tive communication through outreach to victims and affected communities.
Nevertheless, the time has come for states parties to go beyond administrative over- sight and diplomatic support for victims’
issues. For instance, only a small number of states parties have entered into agree- ments or established sufficient arrange- ments with the Court providing for pro- tective measures for those at risk, such as the expeditious relocation of victims and witnesses. Tangible measures to enhance support to ensure the Court’s success in providing justice to victims are now ur- gently needed.
The TFV also remains grossly under- funded, with only 15 states parties hav- ing made crucial voluntary contributions in 2012. This constitutes a sorry state of affairs, especially given the recent ac- knowledgements of the importance of the TFV, including through the adoption of a G8 ministerial declaration and the UN Security Council’s Resolution 2106 on Women, Peace and Security.
The Coalition has consistently urged states parties and the ASP leadership to use the opportunity presented by the an- nual meeting of the Assembly to debate and truly advance core issues relating to the RS system, including on victims’
rights. Encouragingly, victims’ issues will, for the first time, feature prominent-
> CONTINUED ON P. 5
Efforts are underway within the Court to breathe more life into the victim-centered ap- proach. Prosecutor Fa- tou Bensouda is focus- ing on victims with the development of gender- justice and children’s is- sues policies.
IN MEMORIAM OF CHRISTOPHER KEITH HALL, 1946-2013
THE COALITION was saddened to announce the death on 27 May 2013 of Christopher Keith Hall after battling a long illness.
He was aged 66. In the last two decades, Christopher—a senior legal advisor on international justice for Amnesty International and a much admired and respected founding member of the Co- alition—made remarkable contributions to the establishment of the ICC and to international justice. In the early 1990s, Chris- topher became one of a small number of civil society represen- tatives to follow the International Law Commission’s process to draft a treaty for the world’s first permanent international criminal court. This eventually led to Chris’s support for the formation of the Coalition in 1995, of which he became a Steer- ing Committee member through Amnesty International. A bril- liant lawyer, he was widely recognized for his role in drafting the Rome Statute and his subsequent work on its ratification and implementation. Chris Hall was an ardent supporter of strength- ening human rights and international justice, and also a sincere, kind man, who was continually hopeful, even in the face of for- midable adversity. He will be greatly missed. This will be the first ASP gathering without Christopher. His legacy and spirit will loom large in the world’s capital of international law.
Credit: Francesca Pizzutelli
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COVER
ly during a dedicated plenary session at this year’s 12th ASP.
The plenary session will enable stake- holders from across the world, govern- ment representatives, civil society and the ICC to have focused and substantive discussions on the effective implementa- tion of victims’ rights in ICC processes. It is also an opportunity to ensure that this unique aspect of the RS system is given the political attention and financial sup- port it deserves.
States at ASP 12 are also set to adopt a standalone resolution giving diplomatic support to the involvement and rights of victims at the ICC. It will also set out concerns and recommendations in areas such as processing victims’ applications.
In the coming months and years, states parties must build on victim-related de- velopments at ASP 12 by committing to goal-oriented discussions—based upon proactive inter-sessional plan- ning in the ASP working group in The Hague—aimed at producing decisions which strengthen their commitment in this critical area. Concrete measures and follow-up from states parties are crucial
to ensure that victims will see the difference in approach.
Justice is not worthy of the name if victims re- main at the periphery of processes claiming to uphold their interests.
Consultations with vic- tims and their families—
along with civil society organizations and legal representatives that work with them—are vital to understanding their conceptions of justice.
“Obtaining a real understanding of the concerns of victims is a complex process because they are frequently marginalized and difficult to access,” said Coalition Le- gal Officer Alix Vuillemin-Grendel. “Any review process simply cannot be effective without canvassing their very often di- vergent views and perspectives.”
The creation of a system of a retributive and restorative justice that recognizes victims as its ultimate beneficiaries is largely due to the tireless efforts of civil
society organizations in Rome 1998.
However, recent years have seen this emphasis undermined by financial con- straints and difficulties in the Court’s investigations and the expeditiousness of its cases.
Civil society is now putting down a new marker for all stakeholders in the RS sys- tem to recommit to a victim-centered ap- proach. By so doing, we can ensure that ICC judgments are not limited to mere pronouncements of law, but have a tan- gible impact in the betterment of the lives of those who have already lost so much.
2013 ELECTIONS AT A GLANCE
STATES PARTIES ARE set to elect a number of key adminis- trative and judicial positions at ASP 12.
Following the election of Judge Anthony Carmona as President of Trinidad and Tobago in March 2013, the group of Latin Ameri- can and Caribbean states have put forward two candidates to fill the seat on the ICC bench he vacated shortly after being sworn in.
Geoffrey Henderson has been nominated by Trinidad and Tobago and Leslie Van Rompaey by Uruguay.
In keeping with its emphasis on transparent and informed elec- tions processes, the Coalition has circulated questionnaires to nominees for the newly available position, requesting informa- tion on their expertise and motivation in seeking judicial office and with a view to informing the electorate. Meanwhile, the ASP’s newly established Advisory Committee on Nominations—which builds on the work of the Coalition’s Independent Panel on Judicial Elections—met in October 2013 to consider whether the nominees
met the requirements for judicial office set out in the Rome Statute.
States parties will also elect six members of the Committee on Budget and Finance, crucial positions for decisions relating to the allocation of financial resources to the ICC. However, as states have nominated seven persons for six vacant seats, the need for voting for most of the geographic seats has been negated. The only excep- tion is the seat allocated to the group of African states, with both Burundi and Burkina Faso fielding candidates. Mexico, France, Estonia, Germany and the United Kingdom have put forward can- didates for the other regional seats.
Finally, the planned election of new ASP president has been de- ferred to the next ASP, in order to enable further consultations on a consensus candidate.
Further information can be found on the Coalition’s Elections webpage.
ICC Prosecutor Fatou Bensouda during the confirmation of charges hearing in the case against Laurent Gbagbo. Credit: ICC-CPI
6
ICC/ASP
ICC Prosecutor Fatou Bensouda argues that her office requires substantial investment… to imple- ment a new strategy that will en- sure that investigations can guar- antee more in-depth evidence collection and enable prosecu- tions to be ready for trial at an earlier stage.
TOUGH CHOICES AHEAD IF BUDGET INCREASE NOT GRANTED SAYS OFFICE OF THE PROSECUTOR
THE OFFICE OF the Prosecutor (OTP) of the International Criminal Court (ICC) has indicated in its proposed budget for 2014 that its ability to independently and proactively undertake investigations risks being undermined if a requested budget increase is not granted by states at this year’s Assembly of State Parties (ASP).
The ICC has proposed that its overall bud- get be increased by €10.95 million for 2014, bringing it to a total of €126.07 million.
This includes an extra €7.5 million for the OTP and €3.6 million for the Registry.
However, the ASP’s expert budgetary body—the Committee on Budget and Finance (CBF)—is recommending that the budget proposal be reduced by €4.5 million, leaving an increase of approxi- mately €6.4 million.
ICC Prosecutor Fatou Bensouda argues that her office requires substantial invest- ment to meet new challenges, particularly in the areas of investigations, prosecutions and preliminary analysis. She wants to im- plement a new strategy that will ensure that investigations can guarantee more in-depth evidence collection and enable prosecu- tions to be ready for trial at an earlier stage.
However, the OTP says that it will be forced to make tough choices on which
investigations to undertake should finan- cial constraints continue to be imposed.
“States parties must look very closely at the CBF recommendations and consider their impact on the work of the ICC before they adopt them,” said Jonathan O’Donohue, leader of the Coalition’s budget and fi- nance team and Amnesty International’s legal adviser on international justice.
As the Court’s service provider, the Reg- istry has requested more funds primar- ily so that it can provide appropriate administrative support to the OTP’s new approach to its investigations and prose- cutions. In particular, new Registrar Her- man von Hebel has asked for €2.06 mil- lion for the unit which undertakes crucial work in supporting and protecting wit- nesses and victims participating in Court proceedings. However, the Coalition has raised concern that other aspects of the Registry’s budget are underfunded.
“This year, the ICC has requested a signif- icant investment in the work of the OTP but fails to request additional resources that are clearly required to support the defense at all stages of the proceedings, to ensure that legal representatives for vic- tims can consult effectively with their cli- ents and to conduct outreach to victims and affected communities in all situa- tions,” O’Donohue continued.
The Coalition continues to call on the Court to request the resources it requires to perform all of its interrelated func- tions effectively. The Court must use its resources as efficiently as possible, en- suring transparency and predictability in its budgeting, based on sound strate- gic planning and a continuing process of reviews and lessons-learned exercises.
“The Assembly must also play its role,” said Coalition Convenor William R. Pace. “All states parties must ensure that the Court is given the budget it needs to fully and inde- pendently implement its mandate.”
CONSTRUCTION OF ICC PERMANENT PREMISES BEGINS
IN APRIL 2013, the ICC held a groundbreaking ceremony to mark the beginning of con- struction on the Court’s permanent premises in The Hague. Construction is expected to be completed towards the end of 2015. As the host state, the Netherlands has made the site avail- able free of charge. The project is funded by the 122 states parties that have ratified the Rome Statute. Credit: ICC-CPI
7
DELIVERING JUSTICE, FASTER
CRITICISMS OF drawn out court- room proceedings have long dogged international criminal tribunals, and the International Criminal Court (ICC) is no exception. While a measure of feet-finding was to be expected for the Court’s first trials, it is now vital that trial duration is significantly reduced to bolster confidence in the Rome Statute (RS) system of justice.
Coalition Convenor William R. Pace, in cooperation with many key Coalition members, has for many years been call- ing for a more comprehensive, institution- wide review of the Court’s judicial pro- cesses in order to increase efficiencies and effectiveness. Such a review must be car- ried out by a range of actors and experts, drawing on the experiences of other inter- national tribunals and national courts.
With the first trial procedures nearing completion, both states parties and the Court now agree sufficient practice has developed for a substantive review to take place and efforts are already under- way at the level of the Assembly of States Parties (ASP) to address this.
In early 2012, the Court’s judiciary un- dertook a lessons-learned exercise that identified areas in the Court’s Rules of Procedure and Evidence (RPE) that might be amended in order to improve ef- ficiency. These included the relationship between the pre-trial and trial phases, victims’ participation and reparations.
The ASP’s Study Group on Governance subsequently developed a road map to set out how this review process would be un- dertaken. This led in 2012 to the amend- ment of Rule 132 RPE to allow for a single judge to exercise the functions of the trial chamber, in consultation with the full three judge bench, in the preparation of a trial.
Meanwhile, two amendment propos- als are known to be under consideration for adoption at the ASP’s 12th session in November 2013. An amendment to Rule 100 RPE would give the relevant chamber
in a case, instead of the plenary of judges, the authority to make rec- ommendations on desig- nating an alternate seat of the Court (i.e. outside The Hague) to the Presi- dency, who would make the ultimate decision on the matter. This would leave the decision to the judges best versed on the particular issues of the case at hand and expe- dite the decision mak- ing process. Rule 100 RPE was most recently
tested in the case against William Ruto and Joshua Sang, where the plenary of judges went against the recommendation of the pre-trial chamber to hold parts of the trial outside of The Hague.
The second amendment is to Rule 68 RPE, and is intended to streamline evidence presentation by introducing three additional instances in which pre- recorded testimony may be used in the absence of the witness in the courtroom.
While this would mirror practice of other international criminal tribunals, it is not without contention as there are is- sues of fair trial to be safeguarded.
Other actors have also taken a keen inter- est in improving the ICC’s procedures for the sake of efficiency. A panel of experts, sponsored by Switzerland, is to prepare a white paper identifying concrete and practical ways to improve efficiency by mid-2014. It is composed of ICC staff and external experts from various legal tradi- tions and institutional backgrounds.
In October 2012, the United Kingdom Foreign and Commonwealth Office held a seminar on ICC procedures chaired by former ICC Judge Sir Adrian Fulford.
Participants discussed pre-trial, trial and appellate procedures, as well as victims’
participation, on the basis of three expert papers. The International Bar Associa-
tion and the Washington College of Law War Crimes Research Office have also is- sued expert reports on ICC efficiency.
The Coalition believes civil society to be uniquely placed to build on and comple- ment these initiatives by promoting an ex- tensive review of the ICC as a whole. Coali- tion Convenor Pace has been coordinating a strategy-development and mapping pro- cess. Members of the Coalition’s Advisory Board are supporting the initiative.
“The Kenya cases again clearly demon- strate that the length of time international justice procedures are taking is under- mining the effectiveness and legitimacy of the ICC,” said Pace. “We are dedicated to working with the ASP and the Court to find the modalities, the resources, the ju- dicial and political will to achieve compre- hensive reforms and improvements.”
DRC rebel leader Thomas Lubanga was convicted of conscripting, en- listing and using child soldiers by the ICC in 2012, six years after he first appeared before the Court. Credit: ICC-CPI
ICC/ASP
Coalition Convenor William R. Pace, in
cooperation with many key Coalition
members, has for many years been
calling for a more comprehensive,
institution-wide review of the Court’s
judicial processes in order to increase
efficiencies and effectiveness.
8
COURTROOM DECISIONS CUE FOR NEW OTP APPROACH
WITH SEVERAL lessons-learned ex- ercises underway following the first cas- es at the International Criminal Court (ICC), the Office of the Prosecutor (OTP) is planning to implement several institutional changes, particularly to its divisions dealing with situation analy- sis, investigations and prosecutions.
However, a number of recent courtroom decisions against the OTP—mainly due to a lack of convincing evidence—have prompted ICC Prosecutor Fatou Bensou- da and her new deputy, James Stewart, to take steps to urgently improve the quality and efficiency of their investigations.
The acquittal of Congolese militia leader Mathieu Ngudjolo Chui in November 2012 and the postpone- ment of a deci- sion on whether to move the case against former Côte d’Ivoire President Lau- rent Gbagbo to trial are but two examples of an increasing de- mand from judg- es for better and larger amounts of evidence from the prosecution at earlier stages of the ju- dicial process.
The prosecutor will now try to ensure cases are as “trial ready” as possible pri- or to the confirmation of charges stage.
Along with improving the chances of success of the cases themselves, these measures are intended to reduce delays and costs for the Court in the long run.
The OTP has made clear that this new approach will not be possible without additional funding, and has asked for a substantial increase in its budget for 2014. Having attempted to do more and more with the same resources for the past several years, the prosecutor argues that her office has reached full capacity. The practice of redistributing resources with- in the office and from one investigation to another—adopted under the tenure of the previous prosecutor—has been high- lighted as unsustainable.
Meanwhile, the OTP has made it clear that in order for investigations to gather better evidence, it requires more inves- tigators and investment in specialized units, expertise and technologies. For these reasons, the OTP must be prop- erly funded so that it can ensure that its
prosecutions and activities are as effec- tive as possible.
While welcoming this new approach, civil society has stressed that these les- sons-learned must be fully integrated into other ongoing OTP review process- es with the aim of ensuring the long- term effectiveness, efficiency and stabil- ity of the Court.
The OTP is currently developing a stra- tegic plan for 2013–15 which has quality and efficiency as its principal goals. These are to be achieved through better inves- tigations and prosecutions, a positive approach to complementarity, prioritiz- ing the interests of victims, maximiz- ing preventative impact, and ensuring predictability and transparency in poli- cies and standards. However, NGOs are urging the OTP to set more high-level objectives—such as building trust with all stakeholders and emphasising the de- terrence element of its work—and to be clearer on how it aims to achieve its goals and as a means of generating trust and confidence in its new approaches.
The best practices and the experience acquired through the lessons-learned exercises will also be incorporated into the OTP operations manual, which codifies all aspects of its working meth- ods and procedures.
It is hoped that this continuing internal reflection, coupled with an increase in resources, will allow the OTP to be more effective and efficient in its work. With civil society eager to build on its suc- cessful consultative role, the OTP must ensure that any significant changes to its work or structure are considered and implemented transparently. It is also crucial that the office seeks to increase support for its work through greater public advocacy and dialogue with af- fected communities, in coordination with outreach activities conducted by the Registry.
Closing statements during the Katanga and Ngudjolo Chui trial 15 May 2012.
After separating the cases against the two, judges acquitted Ngudjolo Chui of charges of war crimes and crimes against humanity in the DRC. A verdict on Katanga is pending. Credit: ICC-CPI
IC C/ A SP
A number of recent courtroom
decisions against the OTP—main-
ly due to a lack of convincing
evidence—have prompted ICC
Prosecutor Fatou Bensouda and
her new deputy, James Stewart,
to take steps to urgently improve
the quality and efficiency of their
investigations.
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CA SES/ SITU A TIONS
KENYA TRIALS TEST STRENGTH OF COMMITMENT TO ROME STATUTE SYSTEM
AS THE FIRST international criminal proceedings in history against a sitting president and deputy, the trials of Kenya’s leaders are presenting the International Criminal Court (ICC) with some of the toughest challenges of its short existence, both inside and outside the courtroom.
Taking place in a highly politicized con- text, the proceedings against Kenyan President Uhuru Kenyatta and Deputy President William Ruto—alongside for- mer broadcaster Joshua Sang—are forc- ing a range of actors to reveal the strength of their commitment to ending impunity through the Rome Statute (RS) system.
While civil society has firmly nailed its colors to the mast in favor of justice for victims of Kenya’s 2007-08 post-elec- tion violence, some Kenyan politicians, states and others, such as the African Union (AU), appear to be sending a dif- ferent message.
Cooperation with the cases
With state cooperation key to the smooth running of the trials—for exam- ple in granting access to Court staff to its territory, facilitating the prosecutor’s in- vestigation and protecting witnesses and victims—the ICC is encountering for the first time a situation whereby those responsible for ensuring such coopera- tion are themselves facing trial.
“The three accused must respect the vic- tims’ quest for justice and meaningfully cooperate with the ICC, in deed and in word,” said Esther Waweru, program officer with the Kenya Human Rights Commission. “This is not an admission of guilt, but an acknowledgment of the suffering of victims and adherence to Ke- nya’s obligations under the RS and other international treaties to which it is party.”
In the courtroom, judges, the prosecution, defense and victims are required to keep pace with fast moving and often complex judicial developments. Previously untest- ed RS provisions are coming into play in
both cases, breaking new ground on issues such as the location of trial hearings and the need for the continuous presence of the accused during the proceedings.
The trials have also been plagued by al- legations of witness intimidation and insufficient prosecution evidence. Cases have been dropped against Kenyatta’s co-accused and, for the first time in ICC history, there has been an investigation into alleged interference with prosecu- tion witnesses, which has to date led to an arrest warrant against one individual.
Politicizing the ICC process
Events of note have not been limited to courtroom proceedings. It is widely held that Kenyatta and Ruto used the pros- pect of trial in The Hague to run suc- cessfully on a joint ticket for the presi- dency, claiming to be protectors of their respective ethnic groups, accusing the ICC of political bias and of trampling on Kenya’s sovereignty by unjustly interfer- ing in its domestic affairs.
Meanwhile, as Kenya exhausted the legal means to challenge the Court’s jurisdic- tion of over the cases—with ICC judges finding no evidence of national proceed- ings against the suspects—it has tried to rally support, at home and abroad, with a refrain similar to that which brought Kenyatta and Ruto to the presidency.
Kenya’s lawmakers vote against victims On the eve of the opening of the Ruto/
Sang trial in September 2013, Kenyan lawmakers supporting termination of the cases against Kenyatta and Ruto voted to withdraw from the RS, to repeal domestic legislation dealing with inter- national crimes and to end cooperation with the Court.
Although the opposition refused to even cast their votes, and several additional procedural steps—including President Kenyatta’s signature—would be needed for any withdrawal to take effect, the vote was a clear signal of the lengths that ele- ments of the Kenyan political elite would go to undermine the justice process.
There has been widespread condemna- tion—including by civil society and par- liamentarians across Africa—of Kenya’s
The opening of the Ruto/Sang trial took place on Tuesday, 10 September 2013. Credit: ICC-CPI
> CONTINUED ON P. 10
While civil society has firmly
nailed its colors to the mast in
favor of justice for victims of Ke-
nya’s 2007-08 post-election vio-
lence, some Kenyan politicians,
states and others, such as the Af-
rican Union, appear to be send-
ing a different message.
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CONTINUED ON P. 11
KENYA TRIALS
(continued from page 9)move towards RS withdrawal, underlin- ing that it would have no impact on the current ICC cases and only serve to re- duce access to justice for victims.
“Kenya’s lawmakers have a duty, in par- ticular to the victims of the post-elec- tion violence, to determine responsibil- ity and deliver justice, both retributive and restorative,” said Stephen Lamony, the Coalition’s senior advisor for AU, United Nations (UN) and Africa situa- tions. “They failed to establish a national tribunal to determine responsibility for the post-election violence, and should therefore cease impeding the ICC in its efforts to fill the impunity gap and pro- vide justice to victims.”
African Union “extraordinary” sum- mit on the ICC
On 11-12 October, an “extraordinary”
AU summit was convened at the behest of the Kenyan government to discuss the re- gional body’s relationship with the ICC.
Some states had sought support for pro- posals to withdraw en-masse from the RS system and end cooperation with the Court. This was averted thanks to the mass mobilization of civil society orga- nizations across Africa, who called on their governments to reaffirm their sup- port for the Court and victims of grave
crimes. Kofi Annan and Archbishop Desmond Tutu also issued powerful statements in sup- port of the ICC’s work in Africa.
In the end, the summit was poor- ly attended, with less than a third of the 54 AU heads of state present or represented by ministers and am- bassadors. There were nevertheless a number of troubling outcomes—not least the failure to make a single refer- ence to the plight of victims—which represent a backwards step in the conti- nent’s fight against impunity.
The final resolution called on the UN Se- curity Council and ICC to defer the Ke- nyatta and Ruto trials under Article 16 of the RS on the basis that they are ham- pering their ability to rule effectively and could impact negatively on regional peace and security. In 2011 the Council had previously rejected a deferral re- quest by Kenya, as well as an attempt to terminate the cases in May 2013.
The summit also “decided” that Kenyatta should not appear before the Court until these concerns are addressed, and that sit- ting heads of state and other senior state officials should be granted immunity from prosecution for international crimes. The resolution further called upon the ICC’s governing body, the Assembly of State Parties (ASP), to hold a formal discussion at its November 2013 session on the in- dictment of African sitting heads of state and government by the ICC and its conse- quences for peace, stability and reconcili- ation in AU member states. It also called for the ASP to amend the RS to recognize African regional judicial mechanisms as
acceptable courts to exercise the principle of complementarity in the ICC treaty.
With many of their societies decimated by years of conflict and unaccountable lead- ers, the majority of African states, along with civil society across the continent, were instrumental in pushing for an in- ternational treaty and criminal court that would give immunity to no one, whatever their social or political status, for grave international crimes. This was one of the paramount achievements of the RS. We are seeing for the first time how much those that gave the ICC this powerful mandate are willing to support it in prac- tice. Decisions made at the UN Security Council and ASP in the coming weeks and months will make this even clearer.
“The AU and African states must remain cognizant of the fact that there are mil- lions of African people who are victims of international crimes and mass atroc- ity,” said the International Refugee Rights Initiative, Kituo Cha Katiba and the Pan- African Lawyers Union in a statement.
“Their need for justice must be the prima- ry concern for African states in all conver- sations about international justice.”
Kenyan civil society in the firing line Kenyan civil society has been at the fore- front of calling for justice for victims of Kenya’s post-election violence, support- ing the ICC process and actively oppos- ing the political attempts to stop to the cases. These are testing times for organi- zations who have invested so much faith into the RS system. Their support has come at the price of intimidation and a diminishing space in which to operate.
“Support for accountability for post-elec- tion violence victims is often viewed as a pro-opposition and anti-establishment message,” said James Gondi, program advisor with the Africa Centre for Open Governance. “This puts civil society in a challenging position to comment publicly on the ICC cases.”
CA SES/ SITU A TIONS
A sign in Kibera, Kenya, that reads “Tear Gas Zone. One Love, 1 People, 1 Na- tion,” serving as a reminder of the 2010-11 post-election violence and the need for continued unity. Photo Credit: Kristina Rosinsky, Undugu Society of Kenya
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CA SES/ SITU A TIONS
UNEXPECTED SURRENDER OF DRC MILITIA LEADER
“Civil society across Africa stands in solidarity with our colleagues in Kenya in their efforts to ensure accountability for grave crimes,” said Oby Nwankwo, treasurer of the Nigerian Coalition for the ICC and member of the UN Com- mittee on the Elimination of All Forms of Violence against Women. “They are fully within their rights to hold the Kenyan government to its international commit- ments under the RS.”
The PR battle
Even with one of the largest and most active media sectors in Africa, along with a population increasingly connect- ed online, the ICC has struggled to make itself heard in Kenya. As most opinions on the ICC cases are formed through the media, Kenya has demonstrated how crucial accurate, ethical and unbiased reporting is to the RS system.
“Media ownership in Kenya is also tied to political elites, which makes accu- rate reporting about the ICC difficult to sustain.” Gondi said. “The Jubilee alliance has also leveraged on the pop- ularity and reach of cyberspace to pol-
lute the facts about the ICC and other accountability measures to an unprec- edented level.”
Meanwhile, impartial information—on the role of victims in the Court pro- ceedings for example—is often left by the wayside in media depictions of the confrontation in The Hague between the prosecutor and defendants.
“Journalists covering the ICC trials need to ensure that their reporting is fair and bal- anced,” said Rosemary Tollo of Journalists for Justice. “And by adopting a victim-cen- tered approach, the media can give a more rounded picture of the proceedings.”
The revelation online of the identity of victims and witnesses participating in the trials has also reached unprecedent- ed levels. Such actions have presented a real challenge to ensuring adequate pro- tection and security of those affected by the ICC procedures and risk undermin- ing the courtroom proceedings.
A system in need of support
The trials of Kenya’s leaders are in many ways a microcosm of the wider issues
facing the Court. They have made clear the potential bearing the ICC’s judicial processes can have on domestic, region- al and international politics—and how these processes can be manipulated to political ends. They have also demon- strated that the Court cannot afford to
ignore the political context in which it operates, but must proactively engage with such challenges as they emerge.
As the RS system is now put to its stron- gest test, it is for all stakeholders—gov- ernments, regional and international bodies, civil society, influential individ- uals, the media and the Court itself—to rally around the simple principles that no one is above the law and before it, all are equal.
It is for all stakeholders to rally around the simple principles that no one is above the law and be- fore it, all are equal.
THE WORLD WAS taken by surprise in March of this year when Congolese militia leader Bosco Ntaganda—aka the Termina- tor—walked into the US embassy in Kigali, Rwanda and requested to be handed over to the ICC in The Hague. He had been on the run for nearly seven years following the issuance of ICC arrest warrants in 2006 and 2012 for war crimes and crimes against humanity in eastern DRC. His surrender is reported to relate to a falling out within his M23 rebel group, but why he chose to do so at the US embassy remains the subject of speculation. Nevertheless, one of the ICC’s longest wanted fugitives, who under the fair trial prin- ciples of the ICC is presumed innocent unless proven otherwise, is now in the custody of the Court. Victims in the case, many of whom had suffered the horror of sexual violence, are a step closer to having their day in court. However, the failure of states to arrest Ntaganda in a timely fashion has not been without cost. The confir- mation of charges hearing, which will determine whether the case
proceeds to trial, has been postponed to 10 February 2014—nearly a year after Ntaganda was first brought be- fore ICC judges—to allow the prosecution to review a case that had been on hold for so long. The delayed ap- pearance of Ntaganda before the judges, one of 13 fugitives sought
by the Court, and the challenges that the ICC will inevitably face in expediting the case serve as a stark reminder of the importance of states ensuring timely arrests of ICC suspects.
DRC militia leader Bosco Ntaganda dur- ing his initial appearance before the ICC.
Credit: ICC-CPI
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CA SES/ SITU A TIONS
CIVIL SOCIETY IN CÔTE D’IVOIRE CALLS FOR TRANSFER OF ICC SUSPECTS TO THE HAGUE
CIVIL SOCIETY IN Côte d’Ivoire has called for the transfer of Simone Gbagbo and Charles Blé Goudé to the Internation- al Criminal Court (ICC) in The Hague to face charges of orchestrating crimes against humanity following the country’s disputed 2010 presidential elections.
Pre-trial ICC judges have found reason- able basis to believe Simone Gbagbo, Côte d’Ivoire’s former first lady, and Charles Blé Goudé, the former leader of a youth militia, to be responsible for wide- spread murder, rape and other forms of sexual violence, persecution and other inhumane acts during the 2010-11 post- election violence that left over 3,000 dead.
The ICC prosecutor alleges that they were part of the inner circle of former Côte d’Ivoire President Laurent Gbag- bo, whose forces attacked civilians in Abidjan and in the west of the country perceived to be supporters of the oppos- ing candidate, and current president, Alassane Ouattara. Laurent Gbagbo is himself in ICC custody awaiting a de- cision on whether he will face trial for similar charges.
Charles Blé Goudé and Simone Gbag-
bo are currently in cus- tody in Côte d’Ivoire awaiting domestic trial for their part in the post- election violence. How- ever, Ivorian civil society groups say that, despite some reforms having been implemented, the West African country’s courts are not capable of trying ICC crimes.
“The rehabilitation of the Ivorian justice system has not yet brought the penal code or the code of crimi- nal procedure in line with the Rome Statute,” said Ali Ouattara, president of the Côte d’Ivoire Coali- tion for the ICC and NGO Réseau Equi- tas Côte d’Ivoire. “Full implementation of the Statute is necessary before it can effectively try international crimes.”
At the end of September 2013, Côte d’Ivoire challenged the admissibility of the case against Simone Gbagbo be- fore the ICC, requesting the suspension of the arrest warrant (which had been made public in November 2012) and ob- ligation to transfer her to the ICC.
Under the Rome Statute principle of com- plementarity—which gives primacy to genuine domestic proceedings covering the same crimes—the government argues that its national trial of Simone Gbagbo covers substantially the same criminal conduct and should take precedence.
“The government’s motion to dismiss the ICC charges will be unsuccessful as it does not have the capacity at present to deal with crimes such as those with which Simone Gbagbo is charged—the same goes for Charles Blé Goudé,” Oua- ttara said. “We urge the government to cooperate with the Court in the execu-
tion of both arrest warrants and facilita- tion of their transfer to The Hague.”
The arrest warrant for Charles Blé Goudé was initially issued under seal in December 2011 but was made public on 30 September 2013 as judges con- sidered that the level of confidentiality was no longer warranted. He had been arrested in January 2013 in Ghana and transferred to Côte d’Ivoire. The former leader of the “Young Patriots” is accused by the ICC of contributing to the com- mission of widespread and systematic crimes directed at civilian supporters of Ouattara and specific ethnic or religious communities. He allegedly commanded youths who were systematically recruit- ed, armed, trained and integrated into the chain of command of the Ivorian de- fense and security forces.
Some observers and Ivorian NGOs have warned against the delivery of one-sided justice in Côte d’Ivoire, questioning why charges have not been brought against supporters of the current president.
“The ICC should continue to investigate impartially and fairly in Côte d’Ivoire, prosecuting all major perpetrators of serious crimes regardless of their politi- cal affiliation,” said Ouattara. “The Côte d’Ivoire Coalition believes that prosecu- tion without discrimination is crucial to the Court’s credibility and reconcilia- tion—a return to lasting peace in Côte d’Ivoire depends on it.”
The ICC Office of the Prosecutor has indicated that it is continuing its investigation into all suspected per- petrators of grave crimes during the post-election violence.
In June 2013, ICC pre-trial judges post- poned issuing a decision on whether the case against Laurent Gbagbo would move to trial, requesting the prosecutor to provide more evidence upon which to base their decision.
Ivorian children displaced by violence between military forces loyal to former Ivorian President Laurent Gbagbo and supporters of current president Alassane Ouattara. Credit: UN Photo/Basile Zoma
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REGIONAL
UPDATEAFRICA
IN FEBRUARY 2013, Côte d’Ivoire rati- fied the Rome Statute (RS) of the Interna- tional Criminal Court (ICC), a milestone achievement in a civil society-driven pro- cess that spanned over a decade marked by political instability and war.
On 30 November 1998, Côte d’Ivoire signed the treaty establishing the ICC.
However, the ratification process was hampered by the military coup of De- cember 1998. Consequently, the country descended into a cycle of violence that caused massive human rights violations and grew worse with the beginning of the civil war in 2002. This was followed by the post-electoral crisis of November 2010. On 17 December 2003, the Ivorian Constitutional Council expressed an unfavorable opinion of ratification of the RS, citing the treaty’s incompatibil- ity with the Ivorian constitution. Only a constitutional reform could change the situation and allow the Ivorian state to
become a state party to the Statute.
Advocacy efforts from national and in- ternational civil society led Côte d’Ivoire to recognize the ICC’s jurisdiction in April 2003 through an Article 12(3) dec- laration, the first country in the world to do so by such means. Organs of the Court then began extensive inquiries on international human rights violations that had been perpetrated since the be- ginning of the September 2002 crisis.
The determination of Ivorian civil soci- ety to fight against impunity successfully gave birth to the Côte d’Ivoire Coalition for the ICC (CI-CPI) in 2005. The Coali- tion held a series of awareness-raising, training and advocacy outreach activi- ties geared towards galvanizing support for and understanding of international criminal justice. These efforts led to the modification of the Ivorian constitution, enabling the government to ratify the RS on 15 February 2013.
As significant as this milestone is for both Ivorian society and the interna- tional community, the CI-CPI has not reduced its efforts to secure support for the RS and its pursuit of justice and accountability in Côte d’Ivoire.
In July 2013, to celebrate International Justice Day, the Coalition held a semi- nar focusing on the need to draft a law implementing the RS in Côte d’Ivoire.
This event brought together a number of government officials, international organizations, human rights organi- zations and other legal experts. Once again, the CI-CPI successfully achieved its mandate, as participants prepared a draft implementation law in accordance with the RS and already existing Ivorian legislation. This bill will be submitted promptly to the government, and its out- come will continue to be closely moni- tored by the Côte d’Ivoire Coalition and its members.
THE CÔTE D’IVOIRE COALITION ACHIEVES RATIFICATION GOAL AFTER LONG STRUGGLE
NIGERIAN CIVIL SOCIETY TAKES STRONG STAND AGAINST VISIT OF AL-BASHIR
ON 15 JULY 2013, despite entreaties from civil society around the globe, Sudanese President Omar Al-Bashir landed in Nigeria to at- tend an AU health summit on HIV/AIDS, marking the eighth time that he has visited an ICC state party since the first warrant for his arrest was issued in 2009. His visit was short-lived, however, thanks to quick actions from the Nigerian Coalition for the ICC.
As Al-Bashir attended the summit, members of the Nigerian Co- alition and other human rights organizations filed a suit with the Federal High Court in the Nigerian capital Abuja seeking to com- pel the Nigerian government to arrest him and transfer him to the ICC, as required by the RS. The move mirrored a similar effort made by the Kenyan section of the International Commission of Jurists (ICJ-Kenya), who successfully compelled the Kenyan gov- ernment to issue a warrant for Al-Bashir’s arrest prior to a planned visit to the country in 2011.
While Nigerian courts considered the petition and amid increasing
international calls for his arrest, Al-Bashir unexpectedly left the country after spending less than one day at the summit and before his scheduled address to participants, although Sudanese officials denied the Nigerian Coalition’s petition had anything to do with his departure.
For its part, the Nigerian government told the ICC that it did not invite Al-Bashir to visit Nigeria, but “rather he appeared in Nige- ria ostensibly to attend the AU summit,” an invitation not being required for the event. The government also said that it was ad- dressing its obligations under international law when Al-Bashir left the country.
The actions of the Nigerian Coalition, like those of ICJ-Kenya and other organizations before them, demonstrate that civil society plays a crucial role in ensuring that states parties live up to their obligations under the RS.
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UPDATEAMERICAS
PROSECUTIONS OF CRIMES UNDER INTERNATIONAL LAW IN LATIN AMERICA: OSCILLATING BETWEEN PROGRESS AND SETBACKS
LATIN AMERICAN states have been key supporters of the Rome Statute (RS) system since its adoption 15 years ago, a commitment which honors the region’s efforts in address- ing its recent history—and in some cases, on- going situations—involving the commission of crimes under international law.
The region’s commitment to accountabil- ity has also been evidenced by a growing number of investigations and prosecutions of human rights violations in domestic courts. In its digest of Latin American ju- risprudence on international crimes, the Due Process of Law Foundation (DPLF) carried out an in-depth analysis of case law in the region, identifying key develop- ments as well as setbacks in the prosecution of these crimes.
Among the developments, DPLF identifies a tendency toward a more thorough analysis of the elements of international crimes and modes of criminal liability of perpetrators.
This finding is illustrated by some key deci- sions in the region. In Peru, former president Alberto Fujimori in 2009 and the leaders of the Shining Path guerilla group were convict- ed as indirect perpetrators under the “control theory” of perpetration. Similarly, in 2011, a federal court in Argentina found 16 former military members guilty for the commission of crimes against humanity, as co-perpetra- tors or indirect perpetrators.
Other developments in the region highlight- ed by DPLF and others include the fact that courts are slowly stepping up their investi- gations and prosecutions of international
crimes that have historically been under- investigated and, in many cases, have lacked visibility. These include sexual crimes, the en- listment and recruitment of children, and the forcible transfer of populations. In the 2012 decision in the case against Gregorio Rafael Molina for crimes committed within the il- legal detention center in Argentina knows as La Cueva, a criminal court qualified rape as a crime against humanity, a first in the coun- try’s judicial history. Meanwhile, the May 2013 decision convicting former Guatemalan de facto leader Efrían Rios Montt to 80 years of prison for crimes against humanity and genocide was a landmark decision that for the first time saw the conviction of a (former) head of state in Latin America for genocide.
Unfortunately, the Ríos Montt case is also a painful example of some of the judicial setbacks that have tainted prosecutions of international crimes in the region. The an- nulment of the Rios Montt decision by the country’s constitutional court just a few days after the conviction has been criticized by many as political interference (the case is set to resume in 2014).
Other setbacks in the region have included de- cisions which have failed to acknowledge the international nature of certain crimes, even in cases where lower chambers had given such characterizations. An example of this is the June 2012 decision by the Peruvian Supreme Court in the Barrios Altos case, that, notwith- standing a prior decision by a lower Peruvian court as well as a decision of the Inter Ameri- can Human Rights Court qualifying the ex- trajudicial killings in Barrios Altos as a crime against humanity, decided that the killings amounted to common crimes and ordered the reduction of the perpetrators’ sentences (this controversial decision was later annulled). The prevalence of obstacles toward the prosecution of international crimes, including the applica- bility of amnesty laws and statutes of limita- tion, also lead to major setbacks.
URUGUAY HOSTS SYMPOSIUM ON ROME STATUTE IMPLEMENTATION WITH PARLIAMENTARIANS FROM THE REGION
ON 16-17 SEPTEMBER 2013, the house of representatives of the Uruguayan parlia- ment co-hosted, together with Parliamentarians for Global Action (PGA) and the Uru- guayan ministry of foreign affairs, a symposium on the ICC and a workshop on the implementation of the RS across the region, with the support of the Coalition for the ICC, the Global Center for the Prevention of Aggression and the International Commit- tee for the Red Cross. Both events brought together almost 20 parliamentarians from Argentina, Bolivia, Colombia, Costa Rica, the Dominican Republic, Mexico, Ecuador, Paraguay, Peru and Uruguay.
The events, held to commemorate the 15th anniversary of the adoption of the Rome Stat- ute, presented an opportunity to carry out an in-depth analysis of the elements of crimes in the Statute, including the crime of aggression, as well as the status of implementation of the Statute in each of the participating countries. Members of parliament were able to take the floor in order to provide updates on their states’ processes and exchange some of the lessons learned, while the civil society representatives invited as observers shared some of the actions that are being taken in order to move states toward full implementa- tion of the RS.
To date, Uruguay and Argentina are the only countries in Latin America to have fully aligned their domestic legislation with the RS, while Bolivia, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, Guatemala, Honduras, Mexico, Nicara- gua, Panama, Paraguay, Peru and Venezuela have enacted partial reforms or have ad- vanced drafts in existence.
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REGIONAL
UPDATEASIA
INTERNATIONAL JUSTICE DAY was com- memorated in China with the launch of the China Network for the ICC in July 2013. The network was formally inaugurated at an event hosted by the Dutch embassy in Beijing and co-organized by the Chinese Initiative on International Criminal Justice (CIICJ) and longtime Coalition focal point, ICC Project Of- fice in China of the Beijing Normal University.
The event included a seminar that addressed topics on understanding the ICC, the role of civil society in advocating for the ICC and international crimi- nal law, and how non-state parties can still cooper- ate with the ICC. Most importantly, panelists point- ed out that Chinese involvement with the ICC is a crucial factor in achieving a more just and peaceful world. Speakers included the ICC President Sang- Hyun Song, Judge Sang-Hyun Song, who gave the keynote speech via video link, and Judge Liu Daqun of the International Criminal Tribunal for the former Yugoslavia, whose speech was read during the event by CIICJ founder and Secretary-General Michael Yiqiang Liu. The deputy head of mission of the Dutch embassy in Beijing, Andre Driessen, gave opening re- marks. The Coalition’s regional coordinator for Asia- Pacific, Evelyn Balais-Serrano, also gave an opening address and served as a panelist during the seminar.
The CIICJ will serve as the secretariat of the ICC Chi- na network. Their primary goal is to promote a better understanding of international criminal law and the ICC by addressing misunderstandings and miscon- ceptions about the Court through information dis- semination and events like moot court competitions, as well as supporting more Chinese scholars and professionals to pursue internships or become visit- ing professionals at the ICC
While the network is still in its infancy, 15 years after the creation of the ICC, its founding is no small feat.
China, the most populous nation in the world, is still outside the umbrella of states parties that support the Court. Through the aid of the Network, functioning as a national coalition, the Coalition now has a foot- hold in China towards its goal of having a Court that is fair, independent and universally accepted.
LAUNCH OF THE CHINA NETWORK FOR THE ICC
REGIONAL COORDINATOR BECOMES HEAD OF STEERING COMMITTEE MEMBER FORUM-ASIA
IN AUGUST 2013, the Coalition Secretariat said a bittersweet farewell to Evelyn Balais-Serrano, a long time human and women’s rights defender who had been with the Coalition since 2002 as the regional coordinator for the Asia-Pacific region. Balais-Serrano has moved on to become the new executive director of the Asian Forum for Human Rights and Development (FORUM- ASIA), a Coalition Steering Committee member.
Her work as a regional coordinator was instrumental in reaching many of the Coalition’s goals. From 2002, she faced the daunting challenge of coordinating civil society efforts in the Asia-Pacific region, a task made more impressive by the vast territorial scope and the political and cultural diversity of the region.
Balais-Serrano conducted missions in nearly every country in the region to raise awareness about the ICC and encourage civil society to join the cam- paign for the universal acceptance of the Court. From India, China, Indonesia, Vietnam and Thailand to Nepal, the Philippines and Japan, civil society par- ticipation in the Coalition’s campaign were positively influenced by her energy, commitment and expertise. Thanks in no small part to her efforts, 13 countries from the Asia-Pacific region joined the ICC during her tenure.
While she has left the Coalition Secretariat, Balais-Serrano will still be closely working on international justice and the ICC as she assumes her new post.
FORUM-ASIA is one of the organizations that form part of the Coalition’s Steering Committee, and in her role as director, she will have an active hand in the Coalition’s future actions.
When asked what motivates her to continue in her advocacy for a universally accepted, fair and independent ICC, Balais-Serrano said: “When I speak about the ICC, it gives hope that when justice is not possible from the local system, there is a court of last resort. It gives hope that there is a mechanism that will serve justice to victims of the most heinous crimes wherever they are on this planet.”
Evelyn Balais-Serrano speaks at the “Justice for All?” conference in Australia, 14-15 February 2012. Credit: CICC
