The ISSUE NO. 45: 2013–2014

MONITORJournal of the COALITION FOR THE INTERNATIONAL CRIMINAL COURT

DELIVERING ON THE PROMISE OF MEANINGFUL JUSTICE TO VICTIMS

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- A child in an internally displaced persons camp in South Kivu, Demo- ecuting authors of heinous crimes, but also as a crucial mechanism cratic Republic of Congo. Most of the inhabitants of the camp arrived due to rebel attacks in the region. Photo: Aubrey Graham/IRIN 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. retributive demonstrated a groundbreaking and ambitious commit- “It is through this approach that one can truly speak of international ment by the international community. However, the ICC has a long criminal law as victim-centered.” 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 To ensure it does not exacerbate victims’ trauma, the ICC has strong reaching rights to victims is proving to be a long and difficult process. measures in place to ensure respect for their dignity and protection. The RS is also the first international treaty to incorporate the full “After more than 10 years of work, the international community must range of sexual and gender-based violence as crimes against human- step up and truly ensure that the ICC delivers on its promises to victims ity, war crimes and, in some instances, genocide. It even goes further and affected communities,” said Karim Lahidji, president of the Inter- than the ad hoc international tribunals by recognizing crimes such as national Federation for Human Rights (FIDH). “Despite significant ef- forced sterilization and forced pregnancy. forts, the RS system is currently falling short of achieving the potential Meanwhile, the Trust Fund for Victims (TFV) was given the unprec- of delivering meaningful and restorative justice to the men, women edented role under the RS of providing general assistance to victims and children who have been victims of unimaginable atrocities.” as well as implementing Court-ordered reparations. The Court’s first trials have been marked by delays and seen victims The move towards international justice that is both restorative and lose hope in justice delivered expeditiously. The diverse views on the

“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.”

> CONTINUED ON P. 4 2 EDITORIAL SECTION Samira Mohamed Radha Darji Robert Giordano FINANCE ANDADMINISTRATION SECTION Liam Harte Matthew Ehrlich Daniel Rees DEVELOPMENT SECTION Dan Verderosa Peony Trinh Niall Matthews Spencer Lanning Claire Giraudet Agustina Bidart Linda Gueye COMMUNICATIONS SECTION Lesley Hsu Amielle DelRosario Jelena Pia-Comella William R.Pace COALITION STAFF LIST ticles withoutabyline have beenwritten by Coalition Secretariat staff. those oftheCoalition Secretariat, ourmembersorfunders.Ar Views expressed here are thoseoftheauthorsandnotnecessarily Issue 45: Journal ofthe MONITOR The Michelle Reyes-Milk Amal Nassar Kirsten Meersschaert-Duchens Stephen Lamony Mina Ibrahim Leila Hanafi Francis Dako María BelénGallardo Rivas Virginie Amato Alexandra Sajben Brigitte Suhr REGIONAL SECTION Alix Vuillemin Grendel Laura Cools Matthew Cannock Sunil Pal LEGAL SECTION Hugo Strikker Fartuna Said CICC STEERING COMMITTEE Without Justice (NPWJ) •Parliamentarians for GlobalAction (PGA)•The Redress Trust (FIDH)—Paris, France •Georgian Young Lawyers’ Association (GYLA)—Tbilisi, Georgia Rights Watch (HRW) •Justice Without Frontiers (JWF) –Beirut,Lebanon •NoPeace Asian Forum for HumanRightsandDevelopment (FORUM-ASIA)—Bangkok, Thailand Adaleh Center for HumanRightsStudies –Amman,Jordan •Amnesty International • Asociación Pro Derechos Humanos(APRODEH-Perú)—Lima, Peru •CivilResource Andina deJuristas (CAJ) —Lima,Peru •International Federation for HumanRights Development andDocumentation Centre (CIRDDOC)—Enugu, Nigeria•Comisión Human RightsNetwork-Uganda (HURINET-Uganda)—Kampala, Uganda •Human (REDRESS)—London, United Kingdom•Women’s Initiatives for GenderJustice World Federalist Movement–Institute for GlobalPolicy (WFM-IGP) 2013–2014 COALITION FOR THEINTERNATIONAL CRIMINALCOURT

Europe Coordinator, The Hague Finance andAdministration Officer, New York Finance andAdministration Associate, New York Director ofFinance, New York Grant Writer, New York Development Fellow, New York Director ofDevelopment, New York Communications Consultant, New York Design Manager, New York Communications Officer, TheHague IT Manager, New York Communications Consultant, The Hague Argentina Spanish Communications Officer, BuenosAires, Head ofCommunications, New York Program Associate, New York Program Associate, The Hague Program Director, New York Convenor, New York andThe Hague Americas Coordinator, Lima,Peru MENA Program Officer, Amman,Jordan Senior Adviser -AU, UNandAfrica Situations MENA Fellow, New York MENA Coordinator, Rabat, Morocco Africa Coordinator, Cotonou, Benin Peru Lima, Fellow, Americas Europe, Brussels, Belgium Senior Advocacy andProgram Officer for Regional Program Assistant, New York Director ofRegional Programs, New York Legal Officer, TheHague Legal Fellow, New York Legal Officer, TheHague Head ofLegal Section,The Hague Finance andAdministration Officer, TheHague Accounting Consultant, New York

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Web: Web: Email: +1Fax: 212-599-1332 Phone: +1212-687-2863 York,New 10017 NY USA c/o WFM-IGP, 3rd 708 Ave, fl 24 effective and independent ICC. afair, for advocating 150 in countries society Civil Together Justice: for permanent ICC, which gives full meaning to the ultimate goal of goal ultimate tothe meaning full gives which ICC, permanent of the pillar fundamental this surrender never will governments that hopes Coalition The Rome Statute. the craft helped that NGOs and governments of the achievements greatest the among was immunity” of “no provision The government. and of state heads ting sit for immunity for calling aresolution ed adopt leaders, African East other (ICC)—and Court Criminal tional Interna at the trial facing president—both deputy and president Kenyan by the headed Union (AU),can spear Afri the went topress, AS NOTE FROMTHECONVENOR the address below or email below or email address the of issue the within contained or issues cles arti of the on any letters tosubmit readers encourages Coalition The www.coalitionfortheicc.org/?mod=monitor at online available is and Spanish French and English, in worldwide Monitor The genocide. and humanity against crimes of war tovictims tice jus deliver that laws national stronger advance and universal; and visible both justice make independent; and effective, fair, is Court the that sure en ICC; the with cooperation international tostrengthen partnership in working 150 countries across spread organizations society civil 2,500 more than includes Court Criminal International for the Coalition The US ABOUT certainly this and first, the than more even challenging be would ICC’s decade the second Monitor, of that the issue Iwrote last the In of law.” “rule with by law” “rule replacing through peace achieving THE MONITOR THE www.coalitionfortheicc.org [email protected] is the Coalition’s flagship publication. It is distributed It distributed is publication. flagship Coalition’s the is - - - - -

[email protected] Email: Email: +31-70-364-0259 Fax: Phone: +31-70-363-4484 Netherlands The Hague, The AC 2594 99a, Bezuidenhoutseweg [email protected] The Monitor.The

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IN THIS ISSUE EDITORIAL SECTION 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 Cover executing international arrests, of investigating crimes in sit- Delivering on the Promise of Meaningful uations of ongoing conflict, of fostering a better relationship Justice for Victims between the United Nations Security Council and the ICC, of ICC/ASP protecting witnesses and placing victims at the forefront of Changes and developments at the Court proceedings. Yet achieving these goals is crucial to realizing 4 the potential for peace that the ICC represents. and issues at stake for the 12th ASP Cases and Situations 3 We note very sadly the recent death of Christopher Keith Hall, Updates on some of the ongoing cases one of the founders of the Coalition and one of the finest cam- 9 paigners for human rights, justice and the rule of law in our and situations before the ICC time. At this time, Christopher would be reminding us that in Regional Rome it was the African governments that fought hard for no Coalition advocacy and developments immunity, for the end of impunity, for an ICC to address the 13 terrible conflicts raging on their continent. He would remind in Africa, the Americas, Asia, Europe and us all—NGOs, Court officials and especially the Assembly of MENA States Parties—of how much better we all have to do to. UN/ICC 20 Successes and challenges ahead for mainstreaming justice into the UN peace and security agenda William R. Pace, Convenor of the CICC

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. William J. Butler, president of the Paul Additional major support has been provided by the European Union, Humanity United, the D. Schurgot Foundation. Credit: Paul D. Schurgot Foundation 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 [email protected]. 

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.

THE MONITOR NO. 45 / 2013–2014 JUSTICE TO VICTIMS (continued from page 1)

implementation of victims’ rights within ing a victim-centered approach without the Court’s judiciary—as evidenced by the adequate financial resources. Efforts are underway differing approaches taken on participa- Efforts are underway within the Court within the Court to tion in different cases—has often left -vic to breathe more life into that approach. COVER breathe more life into tims not knowing what to expect or how Prosecutor Fatou Bensouda is focusing to fully exercise their rights under the RS. on victims with the development of gen- the victim-centered ap- der-justice and children’s issues policies. Processing a backlog of thousands of proach. Prosecutor Fa- Newly appointed Registrar Herman von victims applications to participate in the Hebel is prioritizing enhancing the ef- tou Bensouda is focus- 4 proceedings, protecting those at risk and ficiency and effectiveness of the Court’s conducting outreach to affected commu- ing on victims with the administration, starting with the Vic- nities are just a few examples of the chal- tims and Witnesses Unit, which plays development of gender- lenging tasks the ICC is facing in execut- the leading role in protec- justice and children’s is- tion issues. sues policies. IN MEMORIAM OF CHRISTOPHER KEITH States parties can play an HALL, 1946-2013 essential role in provid- ing administrative over- tive communication through outreach to sight to the Court and in victims and affected communities. establishing principles Nevertheless, the time has come for states for reviews of areas of the parties to go beyond administrative over- Court’s work. Following the 2010 Review Confer- sight and diplomatic support for victims’ ence in Kampala, the ASP issues. For instance, only a small number requested the Court to re- of states parties have entered into agree- vise its strategy in relation ments or established sufficient arrange- to victims. The updated ments with the Court providing for pro- strategy is currently being tective measures for those at risk, such as Credit: Francesca Pizzutelli implemented. It contains the expeditious relocation of victims and outcomes from stocktak- witnesses. Tangible measures to enhance support to ensure the Court’s success in THE COALITION was saddened to announce the death on 27 ing exercises on victims providing justice to victims are now ur- May 2013 of Christopher Keith Hall after battling a long illness. and affected communities gently needed. He was aged 66. In the last two decades, Christopher—a senior at the Review Conference, legal advisor on international justice for Amnesty International best practices from the The TFV also remains grossly under- and a much admired and respected founding member of the Co- field and substantial in- funded, with only 15 states parties hav- put from NGOs and other alition—made remarkable contributions to the establishment of ing made crucial voluntary contributions stakeholders. the ICC and to international justice. In the early 1990s, Chris- in 2012. This constitutes a sorry state of topher became one of a small number of civil society represen- The ASP has also given affairs, especially given the recent ac- tatives to follow the International Law Commission’s process diplomatic support by knowledgements of the importance of to draft a treaty for the world’s first permanent international recognizing in its resolu- the TFV, including through the adoption criminal court. This eventually led to Chris’s support for the tions victims’ rights to of a G8 ministerial declaration and the formation of the Coalition in 1995, of which he became a Steer- equal and effective access UN Security Council’s Resolution 2106 ing Committee member through Amnesty International. A bril- to justice, protection and on Women, Peace and Security. liant lawyer, he was widely recognized for his role in drafting support, adequate and The Coalition has consistently urged the Rome Statute and his subsequent work on its ratification and prompt reparation for states parties and the ASP leadership to implementation. Chris Hall was an ardent supporter of strength- harm suffered, and access use the opportunity presented by the an- ening human rights and international justice, and also a sincere, to relevant information nual meeting of the Assembly to debate kind man, who was continually hopeful, even in the face of for- concerning violations and midable adversity. He will be greatly missed. This will be the first redress mechanisms. The and truly advance core issues relating ASP gathering without Christopher. His legacy and spirit will ASP annually emphasizes to the RS system, including on victims’ loom large in the world’s capital of international law.  the importance of effec- rights. Encouragingly, victims’ issues will, for the first time, feature prominent- > CONTINUED ON P. 5

THE MONITOR NO. 45 / 2013–2014 ly during a dedicated plenary session at to ensure that victims this year’s 12th ASP. will see the difference in COVER approach. The plenary session will enable stake- holders from across the world, govern- Justice is not worthy of ment representatives, civil society and the name if victims re- the ICC to have focused and substantive main at the periphery discussions on the effective implementa- of processes claiming tion of victims’ rights in ICC processes. It to uphold their interests. Consultations with vic- is also an opportunity to ensure that this 5 unique aspect of the RS system is given tims and their families— the political attention and financial sup- along with civil society port it deserves. organizations and legal ICC Prosecutor Fatou Bensouda during the confirmation of charges representatives that hearing in the case against Laurent Gbagbo. Credit: ICC-CPI States at ASP 12 are also set to adopt a work with them—are standalone resolution giving diplomatic vital to understanding society organizations in Rome 1998. support to the involvement and rights their conceptions of justice. However, recent years have seen this of victims at the ICC. It will also set out “Obtaining a real understanding of the emphasis undermined by financial con- concerns and recommendations in areas concerns of victims is a complex process straints and difficulties in the Court’s such as processing victims’ applications. because they are frequently marginalized investigations and the expeditiousness In the coming months and years, states and difficult to access,” said Coalition Le- of its cases. parties must build on victim-related de- gal Officer Alix Vuillemin-Grendel. “Any Civil society is now putting down a new velopments at ASP 12 by committing review process simply cannot be effective marker for all stakeholders in the RS sys- to goal-oriented discussions—based without canvassing their very often di- tem to recommit to a victim-centered ap- upon proactive inter-sessional plan- vergent views and perspectives.” proach. By so doing, we can ensure that ning in the ASP working group in The The creation of a system of a retributive ICC judgments are not limited to mere Hague—aimed at producing decisions and restorative justice that recognizes pronouncements of law, but have a tan- which strengthen their commitment in victims as its ultimate beneficiaries is gible impact in the betterment of the lives  this critical area. Concrete measures and largely due to the tireless efforts of civil of those who have already lost so much. follow-up from states parties are crucial

2013 ELECTIONS AT A GLANCE

STATES PARTIES ARE set to elect a number of key adminis- met the requirements for judicial office set out in the Rome Statute. trative and judicial positions at ASP 12. States parties will also elect six members of the Committee on Following the election of Judge Anthony Carmona as President of Budget and Finance, crucial positions for decisions relating to the Trinidad and Tobago in March 2013, the group of Latin Ameri- allocation of financial resources to the ICC. However, as states have can and Caribbean states have put forward two candidates to fill nominated seven persons for six vacant seats, the need for voting the seat on the ICC bench he vacated shortly after being sworn in. for most of the geographic seats has been negated. The only excep- Geoffrey Henderson has been nominated by Trinidad and Tobago tion is the seat allocated to the group of African states, with both and Leslie Van Rompaey by Uruguay. Burundi and Burkina Faso fielding candidates. Mexico, France, In keeping with its emphasis on transparent and informed elec- Estonia, Germany and the United Kingdom have put forward can- tions processes, the Coalition has circulated questionnaires to didates for the other regional seats. nominees for the newly available position, requesting informa- Finally, the planned election of new ASP president has been de- tion on their expertise and motivation in seeking judicial office ferred to the next ASP, in order to enable further consultations on and with a view to informing the electorate. Meanwhile, the ASP’s a consensus candidate. newly established Advisory Committee on Nominations—which builds on the work of the Coalition’s Independent Panel on Judicial Further information can be found on the Coalition’s Elections Elections—met in October 2013 to consider whether the nominees webpage. 

THE MONITOR NO. 45 / 2013–2014 TOUGH CHOICES AHEAD IF BUDGET INCREASE NOT GRANTED SAYS OFFICE OF THE PROSECUTOR

THE OFFICE OF the Prosecutor (OTP) The ICC has proposed that its overall bud- investigations to undertake should finan- of the International Criminal Court (ICC) get be increased by €10.95 million for 2014, cial constraints continue to be imposed. bringing it to a total of €126.07 million. ICC/ASP has indicated in its proposed budget for “States parties must look very closely at the 2014 that its ability to independently and This includes an extra €7.5 million for the CBF recommendations and consider their proactively undertake investigations risks OTP and €3.6 million for the Registry. impact on the work of the ICC before they being undermined if a requested budget However, the ASP’s expert budgetary adopt them,” said Jonathan O’Donohue, increase is not granted by states at this body—the Committee on Budget and leader of the Coalition’s budget and fi- 6 year’s Assembly of State Parties (ASP). Finance (CBF)—is recommending that nance team and Amnesty International’s the budget proposal be reduced by €4.5 legal adviser on international justice. million, leaving an increase of approxi- As the Court’s service provider, the Reg- mately €6.4 million. ICC Prosecutor Fatou Bensouda istry has requested more funds primar- argues that her office requires ICC Prosecutor Fatou Bensouda argues ily so that it can provide appropriate substantial investment… to imple- that her office requires substantial invest- administrative support to the OTP’s new ment to meet new challenges, particularly approach to its investigations and prose- ment a new strategy that will en- in the areas of investigations, prosecutions cutions. In particular, new Registrar Her- sure that investigations can guar- and preliminary analysis. She wants to im- man von Hebel has asked for €2.06 mil- plement a new strategy that will ensure that lion for the unit which undertakes crucial antee more in-depth evidence investigations can guarantee more in-depth work in supporting and protecting wit- collection and enable prosecu- evidence collection and enable prosecu- nesses and victims participating in Court tions to be ready for trial at an tions to be ready for trial at an earlier stage. proceedings. However, the Coalition has raised concern that other aspects of the However, the OTP says that it will be earlier stage. Registry’s budget are underfunded. forced to make tough choices on which “This year, the ICC has requested a signif- icant investment in the work of the OTP CONSTRUCTION OF ICC PERMANENT PREMISES BEGINS 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.

IN APRIL 2013, the ICC held a groundbreaking ceremony to mark the beginning of con- “The Assembly must also play its role,” said struction on the Court’s permanent premises in The Hague. Construction is expected to be Coalition Convenor William R. Pace. “All completed towards the end of 2015. As the host state, the Netherlands has made the site avail- states parties must ensure that the Court is able free of charge. The project is funded by the 122 states parties that have ratified the Rome given the budget it needs to fully and inde-  Statute. Credit: ICC-CPI pendently implement its mandate.” 

THE MONITOR NO. 45 / 2013–2014 DELIVERING JUSTICE, FASTER

CRITICISMS OF drawn out court- in a case, instead of the room proceedings have long dogged plenary of judges, the ICC/ASP international criminal tribunals, and authority to make rec- the International Criminal Court (ICC) ommendations on desig- is no exception. While a measure of nating an alternate seat feet-finding was to be expected for the of the Court (i.e. outside Court’s first trials, it is now vital that The Hague) to the Presi- trial duration is significantly reduced to dency, who would make bolster confidence in the Rome Statute the ultimate decision on (RS) system of justice. the matter. This would 7 leave the decision to the Coalition Convenor William R. Pace, in judges best versed on the cooperation with many key Coalition particular issues of the DRC rebel leader Thomas Lubanga was convicted of conscripting, en- members, has for many years been call- case at hand and expe- listing and using child soldiers by the ICC in 2012, six years after he first ing for a more comprehensive, institution- appeared before the Court. Credit: ICC-CPI dite the decision mak- wide review of the Court’s judicial pro- ing process. Rule 100 cesses in order to increase efficiencies and RPE was most recently effectiveness. Such a review must be car- tested in the case against William Ruto ried out by a range of actors and experts, and Joshua Sang, where the plenary of Coalition Convenor William R. Pace, in drawing on the experiences of other inter- judges went against the recommendation national tribunals and national courts. cooperation with many key Coalition of the pre-trial chamber to hold parts of With the first trial procedures nearing the trial outside of The Hague. members, has for many years been completion, both states parties and the calling for a more comprehensive, The second amendment is to Rule 68 Court now agree sufficient practice has RPE, and is intended to streamline institution-wide review of the Court’s developed for a substantive review to evidence presentation by introducing take place and efforts are already under- judicial processes in order to increase three additional instances in which pre- way at the level of the Assembly of States recorded testimony may be used in the efficiencies and effectiveness. Parties (ASP) to address this. absence of the witness in the courtroom. In early 2012, the Court’s judiciary un- While this would mirror practice of tion and the Washington College of Law dertook a lessons-learned exercise that other international criminal tribunals, it War Crimes Research Office have also is- identified areas in the Court’s Rules is not without contention as there are is- sued expert reports on ICC efficiency. of Procedure and Evidence (RPE) that sues of fair trial to be safeguarded. might be amended in order to improve ef- The Coalition believes civil society to be Other actors have also taken a keen inter- ficiency. These included the relationship uniquely placed to build on and comple- est in improving the ICC’s procedures for between the pre-trial and trial phases, ment these initiatives by promoting an ex- the sake of efficiency. A panel of experts, victims’ participation and reparations. tensive review of the ICC as a whole. Coali- sponsored by Switzerland, is to prepare tion Convenor Pace has been coordinating The ASP’s Study Group on Governance a white paper identifying concrete and a strategy-development and mapping pro- subsequently developed a road map to set practical ways to improve efficiency by cess. Members of the Coalition’s Advisory out how this review process would be un- mid-2014. It is composed of ICC staff and Board are supporting the initiative. dertaken. This led in 2012 to the amend- external experts from various legal tradi- ment of Rule 132 RPE to allow for a single tions and institutional backgrounds. “The Kenya cases again clearly demon- judge to exercise the functions of the trial strate that the length of time international In October 2012, the United Kingdom chamber, in consultation with the full three justice procedures are taking is under- Foreign and Commonwealth Office held judge bench, in the preparation of a trial. mining the effectiveness and legitimacy a seminar on ICC procedures chaired by of the ICC,” said Pace. “We are dedicated Meanwhile, two amendment propos- former ICC Judge Sir Adrian Fulford. to working with the ASP and the Court to als are known to be under consideration Participants discussed pre-trial, trial and find the modalities, the resources, the ju- for adoption at the ASP’s 12th session in appellate procedures, as well as victims’ dicial and political will to achieve compre- November 2013. An amendment to Rule participation, on the basis of three expert hensive reforms and improvements.”  100 RPE would give the relevant chamber papers. The International Bar Associa-

THE MONITOR NO. 45 / 2013–2014 COURTROOM DECISIONS CUE FOR NEW OTP APPROACH

The acquittal of prosecutions and activities are as effec- Congolese militia tive as possible. leader Mathieu While welcoming this new approach, Ngudjolo Chui in civil society has stressed that these les- ICC/ASP November 2012 sons-learned must be fully integrated and the postpone- into other ongoing OTP review process- ment of a deci- es with the aim of ensuring the long- sion on whether term effectiveness, efficiency and stabil- 8 to move the case ity of the Court. against former Côte d’Ivoire The OTP is currently developing a stra- President Lau- tegic plan for 2013–15 which has quality Closing statements during the Katanga and Ngudjolo Chui trial 15 May 2012. rent Gbagbo to and efficiency as its principal goals. These After separating the cases against the two, judges acquitted Ngudjolo Chui of trial are but two are to be achieved through better inves- charges of war crimes and crimes against humanity in the DRC. A verdict on examples of an Katanga is pending. Credit: ICC-CPI tigations and prosecutions, a positive increasing de- approach to complementarity, prioritiz- mand from judg- ing the interests of victims, maximiz- WITH SEVERAL lessons-learned ex- es for better and ing preventative impact, and ensuring ercises underway following the first cas- larger amounts of evidence from the predictability and transparency in poli- es at the International Criminal Court prosecution at earlier stages of the ju- cies and standards. However, NGOs are (ICC), the Office of the Prosecutor dicial process. urging the OTP to set more high-level (OTP) is planning to implement several The prosecutor will now try to ensure objectives—such as building trust with institutional changes, particularly to its cases are as “trial ready” as possible pri- all stakeholders and emphasising the de- divisions dealing with situation analy- or to the confirmation of charges stage. terrence element of its work—and to be sis, investigations and prosecutions. Along with improving the chances of clearer on how it aims to achieve its goals success of the cases themselves, these and as a means of generating trust and measures are intended to reduce delays confidence in its new approaches. A number of recent courtroom and costs for the Court in the long run. The best practices and the experience decisions against the OTP—main- The OTP has made clear that this new acquired through the lessons-learned ly due to a lack of convincing approach will not be possible without exercises will also be incorporated into evidence—have prompted ICC additional funding, and has asked for the OTP operations manual, which a substantial increase in its budget for codifies all aspects of its working meth- Prosecutor Fatou Bensouda and 2014. Having attempted to do more and ods and procedures. more with the same resources for the past her new deputy, James Stewart, It is hoped that this continuing internal several years, the prosecutor argues that reflection, coupled with an increase in to take steps to urgently improve her office has reached full capacity. The resources, will allow the OTP to be more the quality and efficiency of their practice of redistributing resources with- effective and efficient in its work. With in the office and from one investigation investigations. civil society eager to build on its suc- to another—adopted under the tenure of cessful consultative role, the OTP must the previous prosecutor—has been high- ensure that any significant changes to lighted as unsustainable. its work or structure are considered and However, a number of recent courtroom Meanwhile, the OTP has made it clear implemented transparently. It is also decisions against the OTP—mainly due that in order for investigations to gather crucial that the office seeks to increase to a lack of convincing evidence—have better evidence, it requires more inves- support for its work through greater prompted ICC Prosecutor Fatou Bensou- tigators and investment in specialized public advocacy and dialogue with af- da and her new deputy, James Stewart, to units, expertise and technologies. For fected communities, in coordination take steps to urgently improve the quality these reasons, the OTP must be prop- with outreach activities conducted by and efficiency of their investigations. erly funded so that it can ensure that its the Registry. 

THE MONITOR NO. 45 / 2013–2014 KENYA TRIALS TEST STRENGTH OF COMMITMENT TO ROME STATUTE SYSTEM CASES/SITUATIONS

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 9 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 The opening of the Ruto/Sang trial took place on Tuesday, 10 September 2013. Credit: ICC-CPI through the Rome Statute (RS) system. both cases, breaking new ground on issues While civil society has firmly nailed its such as the location of trial hearings and While civil society has firmly colors to the mast in favor of justice for the need for the continuous presence of nailed its colors to the mast in victims of Kenya’s 2007-08 post-elec- the accused during the proceedings. tion violence, some Kenyan politicians, favor of justice for victims of Ke- states and others, such as the African The trials have also been plagued by al- nya’s 2007-08 post-election vio- Union (AU), appear to be sending a dif- legations of witness intimidation and ferent message. insufficient prosecution evidence. Cases lence, some Kenyan politicians, have been dropped against Kenyatta’s Cooperation with the cases states and others, such as the Af- co-accused and, for the first time in ICC rican Union, appear to be send- With state cooperation key to the history, there has been an investigation smooth running of the trials—for exam- into alleged interference with prosecu- ing a different message. ple in granting access to Court staff to its tion witnesses, which has to date led to territory, facilitating the prosecutor’s in- an arrest warrant against one individual. Kenya’s lawmakers vote against victims vestigation and protecting witnesses and Politicizing the ICC process victims—the ICC is encountering for On the eve of the opening of the Ruto/ the first time a situation whereby those Events of note have not been limited to Sang trial in September 2013, Kenyan responsible for ensuring such coopera- courtroom proceedings. It is widely held lawmakers supporting termination of tion are themselves facing trial. that Kenyatta and Ruto used the pros- the cases against Kenyatta and Ruto voted to withdraw from the RS, to repeal “The three accused must respect the vic- pect of trial in The Hague to run suc- domestic legislation dealing with inter- tims’ quest for justice and meaningfully cessfully on a joint ticket for the presi- national crimes and to end cooperation cooperate with the ICC, in deed and in dency, claiming to be protectors of their with the Court. word,” said Esther Waweru, program respective ethnic groups, accusing the officer with the Kenya Human Rights ICC of political bias and of trampling on Although the opposition refused to even Commission. “This is not an admission Kenya’s sovereignty by unjustly interfer- cast their votes, and several additional of guilt, but an acknowledgment of the ing in its domestic affairs. procedural steps—including President suffering of victims and adherence to Ke- Meanwhile, as Kenya exhausted the legal Kenyatta’s signature—would be needed nya’s obligations under the RS and other means to challenge the Court’s jurisdic- for any withdrawal to take effect, the vote international treaties to which it is party.” tion of over the cases—with ICC judges was a clear signal of the lengths that ele- ments of the Kenyan political elite would In the courtroom, judges, the prosecution, finding no evidence of national proceed- go to undermine the justice process. defense and victims are required to keep ings against the suspects—it has tried to pace with fast moving and often complex rally support, at home and abroad, with There has been widespread condemna- judicial developments. Previously untest- a refrain similar to that which brought tion—including by civil society and par- ed RS provisions are coming into play in Kenyatta and Ruto to the presidency. liamentarians across Africa—of Kenya’s > CONTINUED ON P. 10

THE MONITOR NO. 45 / 2013–2014 KENYA TRIALS (continued from page 9)

crimes. Kofi Annan acceptable courts to exercise the principle and Archbishop of complementarity in the ICC treaty. Desmond Tutu also With many of their societies decimated by issued powerful years of conflict and unaccountable lead- statements in sup- ers, the majority of African states, along port of the ICC’s with civil society across the continent, work in Africa. CASES/SITUATIONS were instrumental in pushing for an in- In the end, the ternational treaty and criminal court that 10 summit was poor- would give immunity to no one, whatever ly attended, with their social or political status, for grave less than a third of international crimes. This was one of the the 54 AU heads paramount achievements of the RS. We of state present A sign in Kibera, Kenya, that reads “Tear Gas Zone. One Love, 1 People, 1 Na- are seeing for the first time how much tion,” serving as a reminder of the 2010-11 post-election violence and the need or represented by those that gave the ICC this powerful for continued unity. Photo Credit: Kristina Rosinsky, Undugu Society of Kenya ministers and am- mandate are willing to support it in prac- bassadors. Theretice. Decisions made at the UN Security move towards RS withdrawal, underlin- were nevertheless Council and ASP in the coming weeks and ing that it would have no impact on the a number of troubling outcomes—not months will make this even clearer. current ICC cases and only serve to re- least the failure to make a single refer- duce access to justice for victims. ence to the plight of victims—which “The AU and African states must remain cognizant of the fact that there are mil- “Kenya’s lawmakers have a duty, in par- represent a backwards step in the conti- lions of African people who are victims ticular to the victims of the post-elec- nent’s fight against impunity. of international crimes and mass atroc- tion violence, to determine responsibil- The final resolution called on the UN Se- ity,” said the International Refugee Rights ity and deliver justice, both retributive curity Council and ICC to defer the Ke- Initiative, Kituo Cha Katiba and the Pan- and restorative,” said Stephen Lamony, nyatta and Ruto trials under Article 16 African Lawyers Union in a statement. the Coalition’s senior advisor for AU, of the RS on the basis that they are ham- “Their need for justice must be the prima- United Nations (UN) and Africa situa- pering their ability to rule effectively ry concern for African states in all conver- tions. “They failed to establish a national and could impact negatively on regional sations about international justice.” tribunal to determine responsibility for peace and security. In 2011 the Council the post-election violence, and should had previously rejected a deferral re- Kenyan civil society in the firing line therefore cease impeding the ICC in its quest by Kenya, as well as an attempt to Kenyan civil society has been at the fore- efforts to fill the impunity gap and pro- terminate the cases in May 2013. front of calling for justice for victims of vide justice to victims.” The summit also “decided” that Kenyatta Kenya’s post-election violence, support- African Union “extraordinary” sum- should not appear before the Court until ing the ICC process and actively oppos- mit on the ICC these concerns are addressed, and that sit- ing the political attempts to stop to the On 11-12 October, an “extraordinary” ting heads of state and other senior state cases. These are testing times for organi- AU summit was convened at the behest of officials should be granted immunity from zations who have invested so much faith the Kenyan government to discuss the re- prosecution for international crimes. The into the RS system. Their support has gional body’s relationship with the ICC. resolution further called upon the ICC’s come at the price of intimidation and a governing body, the Assembly of State diminishing space in which to operate. Some states had sought support for pro- Parties (ASP), to hold a formal discussion posals to withdraw en-masse from the “Support for accountability for post-elec- at its November 2013 session on the in- RS system and end cooperation with the tion violence victims is often viewed as a dictment of African sitting heads of state Court. This was averted thanks to the pro-opposition and anti-establishment and government by the ICC and its conse- mass mobilization of civil society orga- message,” said James Gondi, program quences for peace, stability and reconcili- nizations across Africa, who called on advisor with the Africa Centre for Open ation in AU member states. It also called their governments to reaffirm their sup- Governance. “This puts civil society in a for the ASP to amend the RS to recognize port for the Court and victims of grave challenging position to comment publicly African regional judicial mechanisms as on the ICC cases.” CONTINUED ON P. 11 Ö THE MONITOR NO. 45 / 2013–2014 CASES/SITUATIONS

“Civil society across Africa stands in lute the facts about the ICC and other facing the Court. They have made clear solidarity with our colleagues in Kenya accountability measures to an unprec- the potential bearing the ICC’s judicial in their efforts to ensure accountability edented level.” processes can have on domestic, region- for grave crimes,” said Oby Nwankwo, al and international politics—and how Meanwhile, impartial information—on treasurer of the Nigerian Coalition for these processes can be manipulated to the role of victims in the Court pro- the ICC and member of the UN Com- political ends. They have also demon- ceedings for example—is often left by mittee on the Elimination of All Forms of strated that the Court cannot afford to the wayside in media depictions of the Violence against Women. “They are fully confrontation in The Hague between the within their rights to hold the Kenyan 11 prosecutor and defendants. It is for all stakeholders to rally government to its international commit- ments under the RS.” “Journalists covering the ICC trials need to around the simple principles that ensure that their reporting is fair and bal- The PR battle no one is above the law and be- anced,” said Rosemary Tollo of Journalists Even with one of the largest and most for Justice. “And by adopting a victim-cen- fore it, all are equal. active media sectors in Africa, along tered approach, the media can give a more with a population increasingly connect- rounded picture of the proceedings.” ed online, the ICC has struggled to make The revelation online of the identity of itself heard in Kenya. As most opinions ignore the political context in which it victims and witnesses participating in on the ICC cases are formed through the operates, but must proactively engage the trials has also reached unprecedent- with such challenges as they emerge. media, Kenya has demonstrated how ed levels. Such actions have presented a crucial accurate, ethical and unbiased As the RS system is now put to its stron- real challenge to ensuring adequate pro- reporting is to the RS system. gest test, it is for all stakeholders—gov- tection and security of those affected by ernments, regional and international “Media ownership in Kenya is also tied the ICC procedures and risk undermin- bodies, civil society, influential individ- to political elites, which makes accu- ing the courtroom proceedings. uals, the media and the Court itself—to rate reporting about the ICC difficult A system in need of support rally around the simple principles that to sustain.” Gondi said. “The Jubilee no one is above the law and before it, all alliance has also leveraged on the pop- The trials of Kenya’s leaders are in many are equal.  ularity and reach of cyberspace to pol- ways a microcosm of the wider issues

UNEXPECTED SURRENDER OF DRC MILITIA LEADER

THE WORLD WAS taken by surprise in March of this year proceeds to trial, has when Congolese militia leader Bosco Ntaganda—aka the Termina- been postponed to 10 tor—walked into the US embassy in Kigali, Rwanda and requested February 2014—nearly to be handed over to the ICC in The Hague. He had been on the run a year after Ntaganda for nearly seven years following the issuance of ICC arrest warrants was first brought be- in 2006 and 2012 for war crimes and crimes against humanity in fore ICC judges—to eastern DRC. His surrender is reported to relate to a falling out allow the prosecution within his M23 rebel group, but why he chose to do so at the US to review a case that embassy remains the subject of speculation. Nevertheless, one of had been on hold for so the ICC’s longest wanted fugitives, who under the fair trial prin- long. The delayed ap- DRC militia leader Bosco Ntaganda dur- ciples of the ICC is presumed innocent unless proven otherwise, pearance of Ntaganda ing his initial appearance before the ICC. Credit: ICC-CPI is now in the custody of the Court. Victims in the case, many of before the judges, one whom had suffered the horror of sexual violence, are a step closer of 13 fugitives sought to having their day in court. However, the failure of states to arrest by the Court, and the challenges that the ICC will inevitably face in Ntaganda in a timely fashion has not been without cost. The confir- expediting the case serve as a stark reminder of the importance of mation of charges hearing, which will determine whether the case states ensuring timely arrests of ICC suspects. 

THE MONITOR NO. 45 / 2013–2014 CIVIL SOCIETY IN CÔTE D’IVOIRE CALLS FOR TRANSFER OF ICC SUSPECTS TO THE HAGUE

bo are currently in cus- tion of both arrest warrants and facilita- tody in Côte d’Ivoire tion of their transfer to The Hague.” awaiting domestic trial The arrest warrant for Charles Blé for their part in the post- Goudé was initially issued under seal election violence. How- in December 2011 but was made public CASES/SITUATIONS ever, Ivorian civil society on 30 September 2013 as judges con- groups say that, despite sidered that the level of confidentiality 12 some reforms having was no longer warranted. He had been been implemented, the arrested in January 2013 in Ghana and West African country’s transferred to Côte d’Ivoire. The former courts are not capable of leader of the “Young Patriots” is accused trying ICC crimes. by the ICC of contributing to the com- “The rehabilitation of the mission of widespread and systematic Ivorian justice system has crimes directed at civilian supporters of not yet brought the penal Ouattara and specific ethnic or religious

Ivorian children displaced by violence between military forces loyal to code or the code of crimi- communities. He allegedly commanded former Ivorian President Laurent Gbagbo and supporters of current nal procedure in line with youths who were systematically recruit- president Alassane Ouattara. Credit: UN Photo/Basile Zoma the Rome Statute,” said ed, armed, trained and integrated into Ali Ouattara, president of the chain of command of the Ivorian de- CIVIL SOCIETY IN Côte d’Ivoire has the Côte d’Ivoire Coali- fense and security forces. called for the transfer of Simone Gbagbo tion for the ICC and NGO Réseau Equi- and Charles Blé Goudé to the Internation- Some observers and Ivorian NGOs have tas Côte d’Ivoire. “Full implementation al Criminal Court (ICC) in The Hague warned against the delivery of one-sided of the Statute is necessary before it can to face charges of orchestrating crimes justice in Côte d’Ivoire, questioning why effectively try international crimes.” against humanity following the country’s charges have not been brought against disputed 2010 presidential elections. At the end of September 2013, Côte supporters of the current president. d’Ivoire challenged the admissibility Pre-trial ICC judges have found reason- “The ICC should continue to investigate of the case against Simone Gbagbo be- able basis to believe Simone Gbagbo, impartially and fairly in Côte d’Ivoire, fore the ICC, requesting the suspension Côte d’Ivoire’s former first lady, and prosecuting all major perpetrators of of the arrest warrant (which had been Charles Blé Goudé, the former leader of a serious crimes regardless of their politi- made public in November 2012) and ob- youth militia, to be responsible for wide- cal affiliation,” said Ouattara. “The Côte ligation to transfer her to the ICC. spread murder, rape and other forms of d’Ivoire Coalition believes that prosecu- sexual violence, persecution and other Under the Rome Statute principle of com- tion without discrimination is crucial to inhumane acts during the 2010-11 post- plementarity—which gives primacy to the Court’s credibility and reconcilia- election violence that left over 3,000 dead. genuine domestic proceedings covering tion—a return to lasting peace in Côte the same crimes—the government argues d’Ivoire depends on it.” The ICC prosecutor alleges that they that its national trial of Simone Gbagbo were part of the inner circle of former The ICC Office of the Prosecutor covers substantially the same criminal Côte d’Ivoire President Laurent Gbag- has indicated that it is continuing its conduct and should take precedence. bo, whose forces attacked civilians in investigation into all suspected per- Abidjan and in the west of the country “The government’s motion to dismiss petrators of grave crimes during the perceived to be supporters of the oppos- the ICC charges will be unsuccessful as post-election violence. ing candidate, and current president, it does not have the capacity at present In June 2013, ICC pre-trial judges post- Alassane Ouattara. Laurent Gbagbo is to deal with crimes such as those with poned issuing a decision on whether himself in ICC custody awaiting a de- which Simone Gbagbo is charged—the the case against Laurent Gbagbo would cision on whether he will face trial for same goes for Charles Blé Goudé,” Oua- move to trial, requesting the prosecutor similar charges. ttara said. “We urge the government to to provide more evidence upon which to cooperate with the Court in the execu- Charles Blé Goudé and Simone Gbag- base their decision. 

THE MONITOR NO. 45 / 2013–2014 UPDATEAFRICA

THE CÔTE D’IVOIRE COALITION ACHIEVES RATIFICATION GOAL AFTER REGIONAL LONG STRUGGLE

IN FEBRUARY 2013, Côte d’Ivoire rati- become a state party to the Statute. As significant as this milestone is for fied the Rome Statute (RS) of the Interna- both Ivorian society and the interna- Advocacy efforts from national and in- tional Criminal Court (ICC), a milestone tional community, the CI-CPI has not ternational civil society led Côte d’Ivoire achievement in a civil society-driven pro- to recognize the ICC’s jurisdiction in reduced its efforts to secure support cess that spanned over a decade marked for the RS and its pursuit of justice April 2003 through an Article 12(3) dec- 13 by political instability and war. laration, the first country in the world and accountability in Côte d’Ivoire. In July 2013, to celebrate International On 30 November 1998, Côte d’Ivoire to do so by such means. Organs of the signed the treaty establishing the ICC. Court then began extensive inquiries on Justice Day, the Coalition held a semi- However, the ratification process was international human rights violations nar focusing on the need to draft a law hampered by the military coup of De- that had been perpetrated since the be- implementing the RS in Côte d’Ivoire. cember 1998. Consequently, the country ginning of the September 2002 crisis. This event brought together a number of government officials, international descended into a cycle of violence that The determination of Ivorian civil soci- organizations, human rights organi- caused massive human rights violations ety to fight against impunity successfully zations and other legal experts. Once and grew worse with the beginning of gave birth to the Côte d’Ivoire Coalition the civil war in 2002. This was followed for the ICC (CI-CPI) in 2005. The Coali- again, the CI-CPI successfully achieved by the post-electoral crisis of November tion held a series of awareness-raising, its mandate, as participants prepared a 2010. On 17 December 2003, the Ivorian training and advocacy outreach activi- draft implementation law in accordance Constitutional Council expressed an ties geared towards galvanizing support with the RS and already existing Ivorian unfavorable opinion of ratification of for and understanding of international legislation. This bill will be submitted the RS, citing the treaty’s incompatibil- criminal justice. These efforts led to the promptly to the government, and its out- ity with the Ivorian constitution. Only a modification of the Ivorian constitution, come will continue to be closely moni- constitutional reform could change the enabling the government to ratify the RS tored by the Côte d’Ivoire Coalition and situation and allow the Ivorian state to on 15 February 2013. its members. 

NIGERIAN CIVIL SOCIETY TAKES STRONG STAND AGAINST VISIT OF AL-BASHIR

ON 15 JULY 2013, despite entreaties from civil society around the international calls for his arrest, Al-Bashir unexpectedly left the globe, Sudanese President Omar Al-Bashir landed in Nigeria to at- country after spending less than one day at the summit and before tend an AU health summit on HIV/AIDS, marking the eighth time his scheduled address to participants, although Sudanese officials that he has visited an ICC state party since the first warrant for his denied the Nigerian Coalition’s petition had anything to do with arrest was issued in 2009. His visit was short-lived, however, thanks his departure. to quick actions from the Nigerian Coalition for the ICC. For its part, the Nigerian government told the ICC that it did not As Al-Bashir attended the summit, members of the Nigerian Co- invite Al-Bashir to visit Nigeria, but “rather he appeared in Nige- alition and other human rights organizations filed a suit with the ria ostensibly to attend the AU summit,” an invitation not being Federal High Court in the Nigerian capital Abuja seeking to com- required for the event. The government also said that it was ad- pel the Nigerian government to arrest him and transfer him to the dressing its obligations under international law when Al-Bashir ICC, as required by the RS. The move mirrored a similar effort made by the Kenyan section of the International Commission of left the country. Jurists (ICJ-Kenya), who successfully compelled the Kenyan gov- The actions of the Nigerian Coalition, like those of ICJ-Kenya and ernment to issue a warrant for Al-Bashir’s arrest prior to a planned other organizations before them, demonstrate that civil society visit to the country in 2011. plays a crucial role in ensuring that states parties live up to their While Nigerian courts considered the petition and amid increasing obligations under the RS. 

THE MONITOR NO. 45 / 2013–2014 UPDATEAMERICAS

PROSECUTIONS OF CRIMES UNDER INTERNATIONAL LAW IN LATIN AMERICA: OSCILLATING BETWEEN PROGRESS AND SETBACKS

LATIN AMERICAN states have been key Among the developments, DPLF identifies a crimes that have historically been under- supporters of the Rome Statute (RS) system tendency toward a more thorough analysis investigated and, in many cases, have lacked REGIONAL since its adoption 15 years ago, a commitment of the elements of international crimes and visibility. These include sexual crimes, the en- which honors the region’s efforts in address- modes of criminal liability of perpetrators. listment and recruitment of children, and the ing its recent history—and in some cases, on- This finding is illustrated by some key deci- forcible transfer of populations. In the 2012 14 going situations—involving the commission sions in the region. In Peru, former president decision in the case against Gregorio Rafael of crimes under international law. Alberto Fujimori in 2009 and the leaders of Molina for crimes committed within the il- the Shining Path guerilla group were convict- legal detention center in Argentina knows as The region’s commitment to accountabil- ed as indirect perpetrators under the “control La Cueva, a criminal court qualified rape as ity has also been evidenced by a growing theory” of perpetration. Similarly, in 2011, a a crime against humanity, a first in the coun- number of investigations and prosecutions federal court in Argentina found 16 former try’s judicial history. Meanwhile, the May of human rights violations in domestic military members guilty for the commission 2013 decision convicting former Guatemalan courts. In its digest of Latin American ju- of crimes against humanity, as co-perpetra- de facto leader Efrían Rios Montt to 80 years risprudence on international crimes, the tors or indirect perpetrators. of prison for crimes against humanity and Due Process of Law Foundation (DPLF) genocide was a landmark decision that for carried out an in-depth analysis of case Other developments in the region highlight- the first time saw the conviction of a (former) law in the region, identifying key develop- ed by DPLF and others include the fact that head of state in Latin America for genocide. ments as well as setbacks in the prosecution courts are slowly stepping up their investi- of these crimes. gations and prosecutions of international Unfortunately, the Ríos Montt case is also a painful example of some of the judicial setbacks that have tainted prosecutions of URUGUAY HOSTS SYMPOSIUM ON ROME STATUTE international crimes in the region. The an- IMPLEMENTATION WITH PARLIAMENTARIANS FROM nulment of the Rios Montt decision by the THE REGION country’s constitutional court just a few days after the conviction has been criticized ON 16-17 SEPTEMBER 2013, the house of representatives of the Uruguayan parlia- by many as political interference (the case is ment co-hosted, together with Parliamentarians for Global Action (PGA) and the Uru- set to resume in 2014). 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 Other setbacks in the region have included de- ICC, the Global Center for the Prevention of Aggression and the International Commit- cisions which have failed to acknowledge the tee for the Red Cross. Both events brought together almost 20 parliamentarians from international nature of certain crimes, even in Argentina, Bolivia, Colombia, Costa Rica, the Dominican Republic, Mexico, Ecuador, cases where lower chambers had given such Paraguay, Peru and Uruguay. characterizations. An example of this is the June 2012 decision by the Peruvian Supreme The events, held to commemorate the 15th anniversary of the adoption of the Rome Stat- Court in the Barrios Altos case, that, notwith- ute, presented an opportunity to carry out an in-depth analysis of the elements of crimes standing a prior decision by a lower Peruvian in the Statute, including the crime of aggression, as well as the status of implementation court as well as a decision of the Inter Ameri- of the Statute in each of the participating countries. Members of parliament were able to can Human Rights Court qualifying the ex- take the floor in order to provide updates on their states’ processes and exchange some trajudicial killings in Barrios Altos as a crime of the lessons learned, while the civil society representatives invited as observers shared against humanity, decided that the killings some of the actions that are being taken in order to move states toward full implementa- amounted to common crimes and ordered the tion of the RS. reduction of the perpetrators’ sentences (this To date, Uruguay and Argentina are the only countries in Latin America to have fully controversial decision was later annulled). The aligned their domestic legislation with the RS, while Bolivia, Brazil, Chile, Colombia, prevalence of obstacles toward the prosecution Costa Rica, the Dominican Republic, Ecuador, Guatemala, Honduras, Mexico, Nicara- of international crimes, including the applica- gua, Panama, Paraguay, Peru and Venezuela have enacted partial reforms or have ad- bility of amnesty laws and statutes of limita- vanced drafts in existence.  tion, also lead to major setbacks. > CONTINUED ON P. 18

THE MONITOR NO. 45 / 2013–2014 UPDATEASIA REGIONAL COORDINATOR BECOMES HEAD OF STEERING COMMITTEE MEMBER FORUM-ASIA

LAUNCH OF THE CHINA REGIONAL NETWORK FOR THE ICC

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 15 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- Evelyn Balais-Serrano speaks at the “Justice for All?” conference in Australia, 14-15 February 2012. Credit: CICC ed out that Chinese involvement with the ICC is a crucial factor in achieving a more just and peaceful IN AUGUST 2013 world. Speakers included the ICC President Sang- , the Coalition Secretariat said a bittersweet farewell to Evelyn Balais-Serrano, a long time human and women’s rights defender who Hyun Song, Judge Sang-Hyun Song, who gave the had been with the Coalition since 2002 as the regional coordinator for the keynote speech via video link, and Judge Liu Daqun Asia-Pacific region. Balais-Serrano has moved on to become the new executive of the International Criminal Tribunal for the former director of the Asian Forum for Human Rights and Development (FORUM- Yugoslavia, whose speech was read during the event ASIA), a Coalition Steering Committee member. by CIICJ founder and Secretary-General Michael Yiqiang Liu. The deputy head of mission of the Dutch Her work as a regional coordinator was instrumental in reaching many of the embassy in Beijing, Andre Driessen, gave opening re- Coalition’s goals. From 2002, she faced the daunting challenge of coordinating marks. The Coalition’s regional coordinator for Asia- civil society efforts in the Asia-Pacific region, a task made more impressive by Pacific, Evelyn Balais-Serrano, also gave an opening the vast territorial scope and the political and cultural diversity of the region. address and served as a panelist during the seminar. 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- The CIICJ will serve as the secretariat of the ICC Chi- paign for the universal acceptance of the Court. From India, China, Indonesia, na network. Their primary goal is to promote a better Vietnam and Thailand to Nepal, the Philippines and Japan, civil society par- understanding of international criminal law and the ticipation in the Coalition’s campaign were positively influenced by her energy, ICC by addressing misunderstandings and miscon- commitment and expertise. Thanks in no small part to her efforts, 13 countries ceptions about the Court through information dis- from the Asia-Pacific region joined the ICC during her tenure. semination and events like moot court competitions, While she has left the Coalition Secretariat, Balais-Serrano will still be closely as well as supporting more Chinese scholars and working on international justice and the ICC as she assumes her new post. professionals to pursue internships or become visit- FORUM-ASIA is one of the organizations that form part of the Coalition’s ing professionals at the ICC Steering Committee, and in her role as director, she will have an active hand in While the network is still in its infancy, 15 years after the Coalition’s future actions. the creation of the ICC, its founding is no small feat. When asked what motivates her to continue in her advocacy for a universally China, the most populous nation in the world, is still accepted, fair and independent ICC, Balais-Serrano said: “When I speak outside the umbrella of states parties that support the about the ICC, it gives hope that when justice is not possible from the local Court. Through the aid of the Network, functioning system, there is a court of last resort. It gives hope that there is a mechanism as a national coalition, the Coalition now has a foot- that will serve justice to victims of the most heinous crimes wherever they hold in China towards its goal of having a Court that are on this planet.”  is fair, independent and universally accepted. 

THE MONITOR NO. 45 / 2013–2014 UPDATEEUROPE

EUROPEAN CIVIL SOCIETY DEMANDS A REGION FREE OF IMPUNITY

WITH 42 STATES parties, the greater Eu- tation of RS and the Agreement on Privi- as soon as possible; to fully implement the RS ropean region is sometimes overlooked in leges and Immunities of the Court (APIC); into domestic legislation; and to ratify or ac- debates on building support for international to push for strengthened support and robust cede to the APIC. Regional and international REGIONAL justice and the International Criminal Court cooperation with the Court from states and organizations were encouraged to solidify (ICC). Yet, 12 states have still not ratified the regional and international organizations; to broad-based support for the ICC and interna- Rome Statute (RS), and even among those contribute to the effective functioning of the tional justice through the mainstreaming of states that have joined the Court, many have Court via monitoring and providing input on accountability issues into existing and future 16 yet to fully implement the Statute’s provisions various administrative issues; to reinforce re- rule of law and development programming. on crimes and state-ICC cooperation into na- lationships with decision-making authorities Participants recommended that the ICC con- tional legislation. at the national level to develop or shore up tinue to focus communications, outreach and support for the ICC; and to regularly inform universality efforts in the European region With this incomplete body of work and a government agencies, civil society, the media and that the Office of the Prosecutor issue shared history of the suffering inflicted by and the general public about developments regular communications about the status of war and mass atrocities in mind, European at the ICC and in the broader international preliminary examinations, such as in Georgia. civil society came together at the Coalition’s justice system. In uniting to issue these recommendations third Europe strategy meeting in Brussels, Participants also issued recommendations and in committing to the points enumerated Belgium in July 2013 to discuss ways to ad- to European states and regional and interna- in the action plan, European civil society reit- vance the justice agenda in the region. tional organizations, as well as the ICC. These erated its belief in ensuring that the region no Participants adopted a plan of action to step called on relevant governments to take all longer serve as a safe haven for perpetrators up advocacy for ratification and implemen- necessary steps to ratify or accede to the RS of the most serious international crimes. 

PROMOTING ACCOUNTABILITY THROUGH GENEVA HUMAN RIGHTS BODIES

AT THE 24TH session of the United Nations Human Rights Council (UNHRC) in September 2013, the permanent missions of Switzerland, Estonia and Costa Rica to the UN Office in Geneva co-sponsored a side event to showcase the launch of a publication by Coalition members TRIAL (Track Impunity Always) and the International Commission of Jurists (ICJ). The publication, Pro- moting Accountability through the Human Rights Bodies in Geneva, outlines the various ways to promote the fight against impunity and justice for crimes under international law via Geneva-based human rights bodies, from the UNHRC—including the Universal Periodic Review—to the Special Procedures and Treaty Bodies.

The publication presents initiatives through which states, civil so- A working group discusses possible NGO strategies on advancing international criminal law and human rights issues through Geneva- ciety and other stakeholders can better engage with the UNHRC based rights bodies. Credit: TRIAL and mechanisms in Geneva to promote accountability, for exam- ple, by ensuring that the UNHRC adopts a periodic resolution The publication was presented to states during a meeting of the on international justice and accountability with a focus on inter- Friends of the ICC, an informal network for discussion of ICC mat- national criminal law and the ICC, or by ensuring that relevant ters among states, in Geneva in October. thematic and country-specific resolutions include a reference to On 4 October, TRIAL and ICJ, with the Coalition’s support, or- justice and accountability. ganized a meeting with Geneva-based civil society representatives The publication also highlights the need for coordination between and the Coalition’s senior advocacy and program officer for Europe relevant stakeholders like states and NGOs, and refers to the Coali- to present their findings and discuss possible future activities and tion as a successful example of such partnership. initiatives to promote accountability and the ICC in Geneva. 

THE MONITOR NO. 45 / 2013–2014 UPDATEMENA

COALITION CONTINUES ADVOCACY AMIDST ONGOING CHANGES IN REGIONAL MIDDLE EAST-NORTH AFRICA REGION

WITH THE RECENT events in the Middle has reacted to ongoing political changes by East-North Africa (MENA), civil society or- strengthening its advocacy efforts in collabo- While fluid political situations ganizations are playing an increasingly cru- ration with its Egyptian members to ensure and turmoil have posed chal- cial role in convincing states in the region to that the new constitution creates a legal basis lenges to advocacy efforts, join the International Criminal Court (ICC) for prosecution of international crimes. the Coalition has adapted 17 and bring their laws in line with internation- In Syria, where countless atrocities have al standards. its approach in the region been documented, civil society groups, in- to complement the nation- While fluid political situations and turmoil cluding several Coalition members, have have posed challenges for advocacy efforts, called for the United Nations Security al strategies of its growing the Coalition has adapted its approach in the Council to refer the situation to the ICC and MENA membership. region to complement the national strategies ensure that any attempts to resolve the con- of its growing MENA membership. This has flict include accountability for grave crimes. placed a greater emphasis on reforming na- While the Coalition does not take a posi- NGO, Al-Kawakibi, established an ongoing tional justice systems and legislation to con- tion on specific Security Council referrals, program on transitional justice which works form to the standards set forth by the Rome it does facilitate the voices of our members to provide the main stakeholders and actors Statute (RS) and taking advantage of the re- who do. Additionally, groups like the Syrian in Tunisia with knowledge and capacity on gion’s increasing focus on international hu- Center for Political & Strategic Studies have transitional justice issues. man rights norms. begun planning for an eventual political Continued monitoring by international enti- transition, putting an emphasis on transi- In Egypt, for example, the Coalition strength- ties like the ICC can be a catalyst for reforms of tional justice and accountability. ened its advocacy efforts through collabora- national justice systems, and thus it is difficult tion with its members and submitted a letter In Tunisia, the Coalition has worked with to overestimate the influence international to the government urging follow-up on a state- civil society to help build trust in the Court justice can have in the region’s accountability ment of intent to consider joining the ICC. by building awareness about the RS and by efforts. Arab countries should take advantage While some national Coalition members have providing technical assistance in relation to of the RS for their own national legal frame- expressed doubt about the efficacy of Egypt’s implementing legislation. No Peace With- works, conforming to international standards constitutional reform process, the Coalition out Justice, in partnership with the Tunisian of human rights and accountability. 

CIVIL SOCIETY CALLS FOR PALESTINE TO JOIN ICC AFTER UN STATUS VOTE

THE COALITION FOR the ICC, along with civil society orga- justice and accountability courting the ICC. nizations in Palestine and around the world, have called on the At a conference on transitional and international justice in the Palestinian Authority to hasten its efforts to ratify the RS after the Arab world organized by No Peace without Justice in Tunisia in country’s status upgrade in the UN General Assembly last Novem- June 2013, ICC Prosecutor Fatou Bensouda met with Palestinian ber from an observer entity to a non-member state. As such, it can Justice Minister Ali Muhanna and stated that she believes that, af- ratify the RS and other international treaties. ter the UN vote, Palestine has the legal capacity to join the ICC. Since the decision of the OTP to close its preliminary investigation The prosecutor has since repeatedly said that the “ball is now in and the UN vote, representatives of civil society organizations on the court of Palestine” in terms of any potential ICC investigation. the ground continued to reiterate the paramount importance of the Although Palestinian officials have stated on a number of occa- ICC in ensuring justice for victims who attempt to seek compensa- sions their intention to join the ICC, the Palestinian Authority has tion for death, injury or destruction of property. Those organiza- faced some international pressure not to ratify the RS, and civil tions frequently express their frustration with national remedies society organizations worry that it may be using the ICC as a po- and their disappointment with national systems’ failure to inves- litical threat rather than taking concrete steps towards becoming tigate and prosecute alleged crimes committed against civilians in a fully fledged state party with a clear commitment to justice and the ongoing Israeli-Palestinian conflict, and place their hope for accountability. 

THE MONITOR NO. 45 / 2013–2014 PROSECUTIONS OF CRIMES IN LAC (continued from page 14)

A separate mention must be made with re- vember 2012 interim report on Colombia that appropriate legal framework to allow such gards to Colombia. As has been signaled by efforts were made on domestic investigations participation (including protection issues) as Avocats sans Frontières, the lack of prosecu- and prosecutions of crimes against humanity well as accessibility issues such as linguistic, tions against members of the armed forces, and war crimes (in particular against mem- economic and geographical barriers. security forces and government forces con- bers of the rebel groups FARC and ELN), the

REGIONAL It is important to note that many of the tinues to be an issue of concern. Also criti- OTP has also highlighted the low number of cases currently under investigation in the cized are the prosecutions of demobilized results from the investigation and prosecu- region do not fall under the jurisdiction paramilitaries under the 2005 Justice and tion of those bearing the greatest responsibil- of the ICC because they occurred prior Peace Law, because of lenient sentences and ity within the military hierarchy, particularly 18 to the Court’s creation. However, several lingering doubts about the effectiveness of with regards to cases of the army practice of judicial decisions have referred to the RS the confessional model, among other aspects. killing innocent civilians and recording them During an official visit to Colombia in April as a means of interpretation. Thus, with- as insurgents killed in battle, the so-called 2013, a delegation from the ICC Office of the out applying the Statute directly, judges “false-positives” and sexual violence. Prosecutor (OTP) stated that they would con- have taken into account the definition of tinue to focus on proceedings related to the Lastly, across the region, victims continue to the crimes contained in the RS. This is of promotion and expansion of paramilitary face many obstacles in order to fulfill their particular importance considering many groups as part of its preliminary examination. right to participate in proceedings and to states in the region lack full implementa- Additionally, despite having stated in its No- reparations. This is partly due to a lack of the tion of the Statute (see box on p. 14). 

LATEST RATIFICATIONS BY REGION

IN EARLY 2013, Côte d’Ivoire ratified the RS and thus became the 122nd state party to the ICC. Ratification of the Kampala amendments took off this year, with Botswana, Uruguay, Estonia, Germany, Andorra, Slovenia, Cyprus and Luxembourg having ratified both amendments (war crimes and the crime of aggression). Norway and Mauritius ratified the amendment on Article 8 of the Statute, extending the use of certain weapons in non-international conflicts as war crimes. The Coalition continues to work actively with its members worldwide to ensure universal ratification of the RS through outreach to governments, media and civil society.

AFRICA AMERICAS MIDDLE EAST/ Rome Statute Rome Statute Ratifications/Accessions: 33 Ratifications/Accessions: 28 NORTH AFRICA Most Recent: Côte d’Ivoire Most Recent: Guatemala (2 April 2012) Rome Statute (15 February 2013) APIC Ratifications/ APIC Ratifications/Accessions: 17 Most Recent: Brazil (12 December 2011) Accessions: 2 Ratifications/Accessions: 12 Most Recent: Most Recent: Gabon (20 September 2010) Tunisia (24 June 2011) ASIA/PACIFIC EUROPE APIC Rome Statute Rome Statute Ratifications/ Ratifications/Accessions: 17 Ratifications/Accessions: 42 Accessions: 1 Most Recent: Vanuatu (2 September 2011 Most Recent: Republic of Moldova Most Recent: APIC (12 October 2010) Tunisia Ratifications/Accessions: 2 APIC (29 June 2011) Most Recent: Republic of Korea Ratifications/Accessions: 40 (18 October 2006) Most Recent: Switzerland (25 September 2012)

UPCOMING UNIVERSAL RATIFICATION CAMPAIGN TARGETS* The success of universality related advocacy depends greatly on political realities on the ground. Timing our monthly URC campaigns is then best done a few months in advance. In late 2013, the Coalition will determine the monthly focus countries. These are likely to be chosen from among the following: AFRICA: Cameroon, Togo, Mauritania, Zimbabwe • AMERICAS: Bahamas, Jamaica, Haiti, El Salvador • ASIA: Indonesia, Ma- laysia, Tuvalu, Tonga • EUROPE: Kyrgyzstan, Turkey, Ukraine, Armenia, Azerbaijan • MENA: Egypt, Morocco, Yemen, Lebanon

THE MONITOR NO. 45 / 2013–2014 REGIONALHIGHLIGHTS

AFRICA REGIONAL DRC—On 17 March 2013, Congolese rebel leader and ICC suspect Bosco Ntaganda turned himself in to the United States embassy in Rwanda and was transferred at his request to the International Crimi- nal Court (ICC) in The Hague.. This marked a welcome turn of events that involved the cooperation of two non-states parties with the ICC.

Botswana—On 15-16 April 2013, Botswana, Liechtenstein and the Global Institute for the Prevention of Aggression sponsored an Af- rican regional workshop on the ratification and implementation of On 12 April 2013, the Organization of American States (OAS) hosted 19 its eighth high-level working session on the ICC, which brought to- the Kampala amendments. Representatives from 26 African states gether representatives from OAS member states, observer states parties, as well as the Coalition’s regional coordinator for Africa and and high-level OAS and ICC officials, as well as representatives of several Coalition members, took part. civil society, including the Coalition’s regional coordinator for the Americas. This year’s session had a special focus on cooperation Côte d’Ivoire—On 21 September 2013, the Ivorian government with the ICC. Credit: OAS refused to execute an ICC arrest warrant against former first lady Simone Gbagbo, who is charged with four counts of crimes against humanity. The Ivorian government argues that the national justice EUROPE system is sufficiently rehabilitated to provide a fair trial and has since filed an admissibility challenge to the ICC on the grounds that Armenia—On 6 April 2013, the American University of Arme- it is prosecuting Simone Gbagbo for the same charges, in addition nia hosted an international conference on Armenia’s prospects of to others. ratifying the RS. The event was organized with the support of the Coalition, the International Committee of the Red Cross and the AMERICAS Armenian Center for International and Comparative Law, and fea- tured prominent specialists, as well as the Coalition’s Europe re- Colombia—On 15-19 April 2013, a delegation of the Office of The gional coordinator and government representatives. Prosecutor (OTP) carried out an official visit to Colombia within the context of its preliminary examination. The delegation met Turkey—In May 2013, Coalition staff met with government officials with high-level government officials and representatives. Discus- and other stakeholders to raise awareness of the ICC. The Turkish Na- sions included issues raised in the OTP’s November 2012 interim tional Coalition for the ICC, with the support of the Coalition and the report on Colombia. International Federation for Human Rights (FIDH), organized a meet- ing with ICC President Sang-Hyun Song to discuss challenges for Tur- Uruguay—On 16-17 September 2013, as a commemoration of the key’s accession to the RS, as well as a lecture at Istanbul Bilgi University. 15th anniversary of the adoption of the Rome Statute (RS), Parlia- mentarians for Global Action, the house of representatives of the Poland—In August, the Coalition participated in the Organization Uruguayan parliament and the ministry of foreign affairs hosted a for Security and Co-operation in Europe’s (OSCE) annual trial moni- workshop on the ICC and implementation of the RS, which brought toring meeting in Warsaw together with NGO and OSCE representa- together almost 20 members of parliament from Latin America. tives from across Eastern Europe to discuss how trial monitoring can be used to advance public information and human rights goals. Uruguay—On 26 September 2013, Uruguay deposited its ratifica- tion instrument of the Kampala amendments, becoming the first MIDDLE EAST/NORTH AFRICA state from Latin America to do so. Morocco—On 3-5 July 2013, the Coalition, in conjunction with the ICC and Mohamed V University faculty of law in Agdal and Sou- ASIA/PACIFIC issi, held a seminar on the rule of law and the ICC in Morocco and Philippines—The Philippine Coalition for the ICC partnered with the the region. Philippine departments of foreign affairs and defense for a training on The Hague—On 18-31 January 2013, the Coalition met with Pal- international humanitarian law for department personnel. estinian and Israeli Coalition members in The Hague to discuss Tuvalu—On 15 March 2013, the Tuvalu’s cabinet endorsed a pro- the implications of Palestine’s status upgrade at the UN and of its posal to accede to the RS. Following the endorsement, the last re- prospects for ratifying the RS. Coalition members in Palestine and maining step to complete Tuvalu’s accession is to deposit the instru- Israel are working together on a series of advocacy meetings that ment of accession with the UN treaty office. will push both governments to join the ICC.

THE MONITOR NO. 45 / 2013–2014 COALITION FOR THE INTERNATIONAL CRIMINAL COURT www.coalitionfortheicc.org

UN-ICC: MAINSTREAMING ACCOUNTABILITY

In fall 2013, these matters were addressed by foreign ministers from around the globe who make up the Informal Ministerial Network for the ICC when they adopted a declaration calling on the UN to

UN-ICC provide greater support to the Court by following up on its referrals and by addressing the provision of funding.

Two other recent developments to address these challenges were the creation of a specialized “intervention brigade” as part of the UN 20 peacekeeping mission in the Democratic Republic of Congo (DRC) and the adoption of a UN policy on non-essential contacts with per- sons under an ICC arrest warrant. Protesters near the UN in New York protest against the planned atten- dance of Sudanese President Omar Al-Bashir at the 68th UN General As- Consisting of three infantry battalions, the intervention brigade sembly on 24 September 2013. Credit: CICC/Dan Verderosa is the first UN force authorized to neutralize armed groups. It is charged with reducing the threat posed by armed groups to state RECENT DEVELOPMENTS suggest a growing awareness of the authority and civilian security in eastern DRC and to make space importance of mainstreaming accountability into the peace and se- for stabilization activities. The brigade has explicit powers to arrest curity agenda of the United Nations (UN) Security Council (Coun- ICC fugitives in the area. cil). Yet much important work remains to be done in developing its relationship with the International Criminal Court (ICC). For its part, the policy on non-essential contacts will provide important guidance to UN staff about which interactions are With the power to refer situations to the ICC and to defer its in- appropriate with persons subject to outstanding ICC arrest war- vestigations or prosecutions, the Council can play a unique role in rants. This has become a live issue, not just for UN personnel promoting accountability for grave crimes. in the field who find themselves engaging with persons wanted However, there are serious concerns regarding inconsistencies in by the Court, but also in light of the recent planned (but not ex- the Council’s referrals of situations to the ICC prosecutor for inves- ecuted) visit of Sudanese President Omar al-Bashir to New York tigation. Despite major crimes having been committed around the for the 68th UN General Assembly in September this year. Al- world, only Darfur (Sudan) and Libya have to date been referred to Bashir is suspected of war crimes, crimes against humanity and the Court. genocide in Darfur, Sudan.

Additionally, the Council has included provisions aimed at pre- Encouragingly, building on a similar effort in 2012 by the “small venting discussion of funding for ICC referrals in several of its res- five” (Costa Rica, Jordan, Liechtenstein, Singapore and Switzer- olutions, while at the same time failing to include clear and strong land), a group of 21 states have launched an initiative entitled “Ac- language to ensure that the privileges and immunities of ICC per- countability, Coherence and Transparency” (ACT) which aims to sonnel are respected. make the Council more accountable to the wider UN membership and more consistent and efficient in its decisions. Some attempts have been made at addressing these challenges. The most notable came in October 2012 in the form of an open Coun- Among other objectives, ACT wants to improve the Council’s work- cil dialogue on peace and justice with a special focus on the ICC, ing methods when dealing with atrocity crimes. It calls for perma- chaired by Guatemala and addressed by the ICC Presidency and nent Council members to refrain from using their veto power to Office of the Prosecutor. block action when such crimes are taking place, as well as addressing the inconsistency of, and lack of follow-up to, referrals to the ICC. Nevertheless, a lack of follow-up on referred situations, especially in terms of cooperation in arresting fugitives, is severely hampering The Coalition believes that ACT, in combination with other ongo- the ICC’s work. Ensuring prompt and consistent responses to non- ing initiatives, can help to improve the relationship between the cooperation by states in violation of their legal obligations remains ICC and Council by clarifying mandates and responsibilities, and the biggest challenge for both the Council and Court. reinforcing cooperation and the enforcement of arrest warrants. 