The International Criminal Court 100R a s t n ificatio

MONITORThe Newspaper of the NGO Coalition for the International Criminal Court Issue 31 • November 2005

FIDH holds first-ever ICC ICC States Parties Reach 100 with Mexico’s Ratification! workshop in Khartoum, n 28 October 2005, in a ceremony held at the UN Hernandez, as well as by an array of supporters Headquarters in New York, Mexico deposited its that included UN Legal Counsel Mr. Nicolas instrument of ratification of the Rome Statute, Michel; UN Treaty Section Chief Mr. Palitha T.B. Obringing the number of States Parties to the ICC to a Kohona; ICC Judge Hans-Peter Kaul; Secretary- historic 100. The treaty deposit, which was made by His General of Parliamentarians for Global Action Excellency Mr. Juan Manuel Gòmez Robledo, Ambassador Shazia Z. Rafi; Director of the International Justice Deputy Permanent Representative of Mexico, was attended Program at Watch Richard Dicker; For more information on this by members of Mexico’s Permanent Mission to the UN, and members of the CICC Secretariat. Alfonso Ascenzio and Jennifer Feller, and the Legal workshop and other regional CONTINUED ON PAGE 15 developments, go to our Advisor to the Mexican Minsistry of Foreign Affairs, Joel Special Pull-out Section with Updates on Events, Ratification and Implementation Around the Globe on page 7

“The ASP must function and exist in a style that conveys an impression to the international community that it, the ASP, is the chief champion of the Court – even when it engages During a historic ceremony on 28 October 2005 at the , Mexico deposited its instrument of ratification of the Rome Statute itself in matters of a more of the International Criminal Court, becoming the 100th State Party to the ICC. The ceremony included H.E. Mr. Juan Manuel Gòmez technical nature.” Robledo, Ambassador Deputy Permanent Representative of Mexico, and ICC Judge Hans-Peter Kaul (third and fourth from left, back row) as well as Mr. Nicolas Michel, Under-Secretary-General for Legal Affairs and Legal Counsel of the United Nations, and Mr. Palitha T.B. - H.R.H. Prince Zeid Ra’ad Zeid Kohona, Chief of UN Treaty Section (fourth from right, back row, and far right). Al-Hussein, First President of the Assembly of States Parties ICC Announces its First Arrest Warrants: Charges Against Five LRA Leaders Issued Interviews with the first and By Jonathan O’Donohue second Presidents of the ASP, page 3 he announcement of the first arrest warrants the investigation in favor of further political against five members of the Lord’s Resistance Army negotiations, the ICC has sent a clear message (LRA) for crimes against humanity and war crimes that, without justice, there can be no prospect of marksT a major a lasting peace for transition the region. for the ICC The challenges into a fully the ICC will face operational in the next years, judicial body however, must not about to be underestimated. embark on its The difficulties first cases. experienced by The scale the International To read about the deletion of the crimes Criminal Tribunals of the ICC reference from in northern for the former the UN World Summit U g a n d a , Yugoslavia and Outcome Document and the c o m m i t t e d in their Court’s report to the General by both the first years should Assembly, go to page 5 LRA and serve as a serious government warning for the armed forces, ICC. It is essential reinforces ICC Prosecutor Luis Moreno-Ocampo and Deputy Prosecutor Fatou Bensouda address a news that the ICC the need for conference on 14 October 2005 about the first ICC arrest warrants which have been issued in operates effectively the ICC. Uganda for Joseph Kony and four other top leaders of the Lord’s Resistance Army. in these first The ICC Monitor The killing, cases affirming its maiming, abduction, forced recruitment and sexual credibility and its central role in the new system is a publication of the slavery of thousands of civilians, including in many of international justice to address genocide, NGO Coalition for the ICC cases children, has had a devastating impact on the local crimes against humanity and war crimes in a population, who, nineteen years after the conflict began, continue to live in daily fear. By resisting calls to suspend CONTINUED ON PAGE 13 The International Criminal Court Table of Contents MONITOR Interview with H.R.H. Prince Zeid Ra’ad Zeid Al-Hussein (Jordan), First a publication of the NGO Coalition for the President of the Assembly of States Parties ...... 3 International Criminal Court Interview with H.E. Ambassador Bruno Stagno Ugarte (Costa Rica), Second President of the Assembly of States Parties ...... 3 CICC Address: Tel: 1-212-687-2176 c/o WFM - IGP Fax: 1-212-599-1332 NGOs Urge Court to Prioritize Communications and Outreach ...... 4 708 3rd Avenue, 24th Fl. Email: [email protected] New York NY 10017 URL: www.iccnow.org ASP Agenda Tackles Range of Key Issues ...... 4 Secretariats in New York and The Hague Crucial Role for Parliamentarians in Strengthening ICC Support ...... 5 William R. Pace Convenor Resumed ASP to Elect Second Bench of Judges and Members of the Committee on Budget and Finance ...... 5 Tanya Karanasios Program Director 2006 US Economic Support Funds Threatened for ICC Countries ...... 6 Staci Alziebler Financial Officer States Must Reaffirm Commitment to ICC in UN General Assembly ...... 6 Désiré Assogbavi Outreach Liaison for Africa NGOs Continue Public Awareness Campaign in Asia ...... 7 Joanna Barrett Communications and Program Assistant India and the ICC: MPs Discuss Questions and Concerns ...... 7 Caroline Baudot Advocacy and Policy Officer CICC Advocacy and Capacity-Building Missions in Africa ...... 8 Peter Deitz IT Consultant Sudanese Groups Call for a National Coalition to Push Ratification during a Katrina Dorn Accounting and Human Resources Associate Workshop in Khartoum ...... 9 Sally Eberhardt Acting Director of Communications MENA members urge Egypt and Syria to Join ICC ...... 10 Linda Gueye French Information Coordinator

Yemen Hosts Regional NGO meeting on ICC, Moving Closer Anjali Kamat Outreach Liaison for the Middle East, North to Ratification ...... 10 Africa Latin America Committed to ICC but Extra Work Still Needed...... 11 Spencer Lanning IT Consultant African Religious Leaders Endorse Launch of ICC Manual ...... 11 Cecilia Nilsson Legal Adviser Laura Pavan Accounting Manager Video: An Efficient Tool for Raising Awareness on the ICC ...... 12 Leila Rachidi Development Officer New NGO Reports on Situation in Uganda ...... 12 Carlos Rivera-Jones IT Consultant Signatures and Ratification of the Agreement on the Privileges and Immunities of the ICC (APIC), By Region ...... 14 Alice Suh Office Coordinator, NY Brigitte Suhr Director of Regional Programs Upcoming Events ...... 15 Esti Tambay Information and Analysis Officer Eleanor Thompson Program Assistant Transitions Outreach Liaison for the Americas and Asia/ Francesca Varda Pacific he Coalition is pleased to welcome some additions to our team. Ms. Linda Gueye has taken up the role of French Information Services Erik van der Veen Communications and Development Assistant Coordinator. Linda is a native of Paris, and completed degrees in Astrid de Vries Office and Finance Coordinator, The Hague TInternational Relations as well as Translation Studies. She recently worked Kristele Younes Legal Officer on the issue of disarmament at the Permanent Mission of Luxembourg to the United Nations during their EU Presidency. Regional Coordination Carlos A. Rivera-Jones has joined our Technical Team. Carlos was a Amal Basha Middle East and North Africa Coordinator founding partner of iTeam Media in San Juan, Puerto Rico and also worked Francis Dako Francophone Africa Regional Coordinator for the Fund for the City New York where he provided technical support to numerous non-for-profit organizations. Carlos has also been active in civil Benson Chinedu Olugbuo Anglophone Africa Regional Coordinator society movements in Puerto Rico. Fatima da Camara Lusophone Campaign Adviser After over three incredible years, Shantha Evelyn Serrano Asia Coordinator Rau has left the Coalition to pursue a fantastic opportunity at Rehabilitation International Gloria Ester Catibayan Office Assistant, Asia in New York. Shantha has contributed Rebecca Lozada Program Associate, Asia enormously to the work of the CICC, including Maria Cavarretta Program Officer for Southern and Eastern its publications and website, as well as CICC Europe work on the ’ opposition to the Luisa Mascia Acting European Coordinator ICC. She revolutionized this publication, The Monitor, and also spearheaded the NGO Team Paulina Vega-Gonzalez Latin America and Caribbean Coordinator on Communications. Mariana Rodríguez Pareja Spanish Information Coordinator Fortunately, we are pleased to announce that CICC Informal Steering Committee Shantha Rau of the NY CICC Esti Tambay, Program and Communications Secretariat. Assistant, will now serve as Information and Current funding for the CICC and Analysis Officer and that Sally Eberhardt, Media Asociación pro Derechos Humanos this publication has been provided by the European Commission, Liaison, will take up the role of Acting Director of Communications. European Law Students Association Eleanor D. Thompson will serve as our new Program Assistant. She recently the John D. and Catherine T. graduated from Harvard College with a B.A. in Government and African Fédération Internationale des Droits MacArthur Foundation, the Ford Studies. She has worked as an administrative assistant for the Harvard Law de l’Homme Foundation, and the governments School Human Rights Program. She has also spent two summers working Human Rights First of Liechtenstein, the Netherlands, as an intern with the Sweden, Switzerland and the Outreach Section of the United Kingdom; by individual Special Court for Sierra No Peace Without Justice donors and participating NGOs. Leone, contributing to Parliamentarians for Global Action the rebuilding of her Rights and Democracy family’s homeland. Women’s Initiatives for Gender Justice We wish Shantha the best of luck in her World Federalist Movement future endeavors and The views expressed herein are those of the CICC and can we welcome Linda, therefore in no way be Carlos and Eleanor to taken to reflect the official (l-r) Eleanor Thompson, Linda Gueye, and Carlos Rivera- opinion of the funders. Jones of the NY CICC Secretariat. our team!

Page 2 The International Criminal Court MONITOR • November 2005 Interview with H.R.H. Prince Zeid Ra’ad Zeid Al-Hussein Interview with H.E. Ambassador Bruno Stagno Ugarte (Costa (Jordan), First President of the ASP Rica), Second President of the ASP

Q: Your Presidency is coming to an Q: As the second President of the end, what are your thoughts about ASP, what is your vision for this role? your past three years as the first ASP President? A: In the next three ASPs, we have two important tasks before us: A: The more we seemed to assisting and supporting the Court as accomplish, the more there seemed it enters into a more operational and left for us to accomplish. In a few words, judicial phase, and, in line with Article the past three years were exhausting! 123 of the Rome Statute, preparing for But don’t tell that to the unsuspecting the Review Conference. In so doing, incoming President! we need to strengthen our unity of H.R.H. Prince Zeid Ra’ad Zeid Al-Hussein Ambassador Bruno Stagno Ugarte of purpose and renew our national and of Jordan served as the first President of the Costa Rica will take the helm of the Assembly of States Parties, after being elected Q: What are your most memorable personal commitment to the ICC. We ICC-related moments since the Assembly of States Parties at its November must constantly remind ourselves that at the Inaugural Session of the Assembly of meeting. Credit: International Institute States Parties in September 2002. Credit: beginning of your involvement in this for Sustainable Development. the true purpose of the Rome Statute ICC-CPI/Wim Van Capellen. process? is to replace a culture of impunity with a culture of accountability A: The most memorable moments? Who of us will ever forget that most so that unimaginable crimes are punished and prevented. unique atmosphere in Rome? As the Treaty was being finalized, amid all that tension, fatigue and excitement – we were on the verge of In this regard, we must strive for greater efficiency in ASP proceedings something big, and we felt it! No matter how many conferences we to make time for more strategic discussion and interaction between will attend in the future, or have attended since Rome, nothing has, States Parties and the Court on the challenges facing the ICC. can or will ever compare to it. And the last day, with all due respect to all our friends who voted against the Statute, was something Q: What are your most memorable ICC-related moments since the exceptional, perhaps one could even call it beautiful. It was certainly beginning of your involvement in the process? a most emotional experience, and all handled masterfully by Philippe Kirsch. Then there were those other unforgettable moments during A: Unlike many that continue to be actively involved with the ICC, I did the conference itself, like the witty exchanges between Kirsch and not have the privilege of participating in the run-up to the Rome Aziz Shukri, with added remarks in Arabic provided by Rolf Fife Conference. I therefore missed many memorable moments, but I and Didier Pfirter. No one there, at the time, will ever forget them. must say that I still remember the excitement I and many others felt upon successfully electing the first eighteen judges. After Rome, and during the work of the Commission, I was fortunate to chair the informal negotiations on the Elements of Crimes, under Q: What is your vision of the ASP and of the role of the ASP? the guidance of our brilliant coordinator, Hermann Von Hebel; one of the most challenging and rewarding experiences of my diplomatic A: Within the mandate conferred in Article 112 of the Rome Statute, I career. I will always remember our intersessional in Siracusa and the believe the ASP should build in an action-oriented strategic discussion hilarious manner by which Bill Lietzau went about explaining the on the challenges and opportunities facing the ICC. finer points of what constitutes a military target, while drawing on a large piece of paper a disconsolate-looking Knut Doermann, of the Q: What in your opinion are the main challenges facing the Court? ICRC, sitting on a bridge waiting to be bombed by US warplanes! Or, during one of our regular sessions in New York, when Eli Nathan A: Despite the many difficulties already encountered, the of Israel supported a point made by Aziz Shukri of Syria – I almost ICC is a fully operational institution with 99 States Parties, stopped the meeting, just to preserve the moment! Then there was four referrals and a remarkable cadre of professionals. the occasion when the United States, the United Kingdom and the United Arab Emirates were united in their opposition to a point However, there continue to be important challenges before the raised by some well-meaning delegate – a coincidence you say! ICC, and each one presents an opportunity for the Court or the ASP to successfully equip themselves for their respective duties And what about that most remarkable article, Article 30? and responsibilities. As the Court moves into a judicial phase, I The article which tantalized and bewitched us for months would say that one main challenge is to successfully operationalize on end – all very concerning, since it was we ourselves who accountability for the most serious crimes within a rather short time had drafted it in the first place! Roger Clark’s constant refrain frame. Another main challenge, which will likely depend on the about the default position contained in: “Unless otherwise first results delivered by the Court, is the challenge of universality, provided . . .” will also be with most of us until our dying days! especially when we are faced with some openly hostile opposition to the International Criminal Court. Ultimately, in all this, what was clear to me then, and what is clear to me now, is that the Court was not built by governments, but by Q: What in your opinion can the ICC learn from the UN and/or from the individuals – men and women with character, a sharp intellect and, ad hoc tribunals? most importantly, an active conscience – all of whom also happened to represent governments. Indeed, many were able to steer the views A: The scandals that have recently tainted the otherwise exemplary of their governments on the basis of what they saw and heard from reputation of UN peacekeeping operations – largely the result of other colleagues representing governments, intergovernmental operating in extremely trying circumstances on difficult terrain organizations and the non-governmental community – and – should serve as a lesson to the ICC as it becomes more actively that’s how multilateral institutions are built . . . should be built. involved in the ground. Much like the UN, the ICC cannot afford to have its moral legitimacy and authority tainted by the failings of a Other memorable moments included the ceremony marking the few. With regard to the ad hoc tribunals, in what amounts to a true 60th ratification and the entry into force of the Statute – what a innovation in international criminal justice and a recognition that the truly wonderful occasion! And then there was the election of the past and current practice of these tribunals could be improved, the judges, and my gentle reminder to delegates to vote for some male ICC has already learned in allowing victims to participate in trials and candidates! And who will easily forget the thirty-three rounds of request reparations. continuous voting? Certainly not the tellers! I also remember fondly the inauguration of the Court – what a magnificent occasion. Also Q: A recent factor in the ICC process has been the increasing involvement the selection and election of the Prosecutor and his deputies, and of the Hague diplomatic community. What are your thoughts on this the intense debates in the Security Council over Resolution 1422 new dynamic between capitals, New York and The Hague? and our vigorous defense of the Rome Statute . . . if we do nothing else with our lives, I think we can still feel satisfied that we have all A: What the Court needs is increased and informed involvement by CONTINUED ON PAGE 13 CONTINUED ON PAGE 12

The International Criminal Court MONITOR • November 2005 Page 3 NGOs Urge Court to Prioritize Communications and Outreach By Alison Smith

ith ongoing investigations in three situations and increasing attention on the work of the ICC leading up Wto the Assembly of States Parties meeting, the CICC Communications Team has been actively monitoring developments and undertaking advocacy with the Court, particularly with regard to the Court’s strategic communications plan and the adequate allocation of resources. Since December 2004, the Communications Team – which is comprised of interested CICC members as a means for NGOs to engage in dialogue on communications and outreach with each other and with the ICC – has produced several non- papers, both as stand-alone advocacy tools and as part of wider CICC efforts. The Team has also engaged in discussions on how to urge the ICC to place a greater strategic and policy focus on communications issues in general. The Team’s non-papers have focused on a wide range of issues, including target audiences, means and methods of communications, timing of outreach, the need for an adequate field presence and budgetary issues. Slowly but surely these efforts are beginning to bear fruit; the ICC as a whole is paying greater attention to their communications functions. NGOs continue to urge the Court to place communications and outreach to victims and local communities as a priority However, the work is far from over: issue. Credit: HRW/Bruno Stevens. communications remains at risk as one of the biggest lessons not learnt from the ad hoc tribunals. adopting and implementing an integrated outreach and communications to be funded externally – In the absence of a comprehensive public report strategy, including a sustained and appropriate places the execution of these core functions at risk from the Court, it is difficult to comment on field presence, to engage local communities of elimination and gives the false impression that all outreach activities conducted by the Court and narrow the knowledge gap. In addition, for they are perceived as not being a priority. Both the until now. Nevertheless, it is the feeling of many communications functions to be implemented in ICC itself, and the States Parties who approve the NGOs that outreach efforts, particularly in the a coordinated and effective manner, there needs budget, should ensure that the same mistakes are field, have not proven sufficient to date, seemingly to be sufficient and sustained financial resources. not made again. resulting in a lack of understanding, engagement The experiences of the ad hoc tribunals and the and support toward the ICC from the conflict- Special Court for Sierra Leone show clearly that Alison Smith is the Legal Counsel for No Peace affected communities impacted by the Court’s failure to include sufficient resources in the regular Without Justice and serves as the Team Leader of the work. It is critical that the ICC address this by annual budget – with the expectation of outreach CICC Communications Team. ASP Agenda Tackles Range of Key Issues

rom 28 November to 3 • Arrears: For the first time in its December 2005, the Assembly history, the Assembly will address of States Parties (ASP) will the issue of States Parties’ arrears, Fhold its fourth session in The Hague as some States Parties have not met – another busy week with a packed their financial obligations for two full agenda dealing with a number years. of key issues for the future of the • Fifth ASP session: The date and Court. Some of the issues that are location of the fifth session of the ASP expected to be considered include: will be decided in November. • 2006 Budget for the ICC: The NGOs will continue to monitor ASP will consider the ICC draft these and other issues leading up to budget and the recommendations and during the Assembly meeting, of the Committee on Budget and advocating for the allocation of Finance (CBF). adequate resources and the adoption • Regulations of the Trust Fund of sound decisions by States Parties, for Victims: After the ASP bearing in mind the long-term impact postponed adoption of these of the Court’s work and the need to regulations last year, a working think about the “big picture”. The group based in New York met importance and substance of the above- twice to review the text. mentioned items emphasize the need • Crime of Aggression: Last year, for States to send sufficiently large and it was agreed that a full day of Throughout the week-long Assembly, NGOs gather to discuss developments in the negotiations well-prepared delegations to this ASP meetings during the fourth session and advocacy strategies on the range of issues covered during the session, as well as on numerous session in The Hague. H.E. Bruno would be devoted to this issue. NGO campaigns. Stagno Ugarte from Costa Rica, who • Code of Professional Conduct • ICC Liaison Office in New York: The ASP was elected to serve as President of the for Counsel: Adoption of the Code was will consider the report of another working Assembly last year, will preside over the upcoming postponed at the last ASP, and since then a group based in New York, which discussed the session, at which the ASP will also inaugurate its working group in The Hague has held meetings establishment of a liaison office in NY, also new Bureau. and consultations to finalize the text. The ASP postponed last year. will consider the revised text with a view to • Headquarters Agreement: If the Court and adopt it. the host state submit the finalized text of the A resumed session of the Fourth ASP will take • ICC Premises: The Assembly needs to consider Headquarters Agreement (HQA), the ASP will place in New York on 26 and 27 January 2006. issues related to the future permanent premises consider it with a view to adopt it. The HQA This session will be devoted to the election of six of the ICC, to avoid delays in the completion will then need to be approved by the Dutch judges of the Court and six members of the CBF. of the new premises by 2012. parliament.

Page 4 The International Criminal Court MONITOR • November 2005 Crucial Role for Parliamentarians in Strengthening ICC Support By David Donat-Cattin

t the Fourth Session of the Assembly of States Parties, ParliamentariansA for Global Action (PGA) intends to organize a delegation of MPs to attend open sessions of the Assembly and participate in a panel discussion on “The Role of Legislators in the ICC Process”. The main topics on the agenda of the panel discussion will include: 1) the cooperation of States and other actors Several PGA Members have been active supporters of the Court. Pictured here (l-r): Mr. Albert Koenders, MP (The Netherlands), Sen. César Jaúregui (Vice President with the ICC; and 2) the of the Mexican ), Sen. Alain Destexhe (), ICC Prosecutor Luis Moreno-Ocampo, Dip. Margarita Stolbizer (Argentina), Dr. Hertha Daubler-Gmelin efforts of Parliaments in MP (Germany), PGA Legal Advisor David Donat-Cattin and PGA Advisor on Latin America Deborah Ruiz at the Third ASP session. Credit: PGA. promoting the universality of the Rome Statute. Members of PGA from the session may provide a unique venue for a public are still many challenges ahead for lawmakers on Russian Federation are expected to form part of debate on the major political issues surrounding the ICC, starting with the adoption of effective the delegation, which will have an international the fight against impunity and the promotion and comprehensive legislation and other measures composition. of international justice and the rule of law. to implement the Rome Statute in domestic legal While at the Third Assembly last September, Legislators have a critical role to play on those orders. PGA facilitated informal meetings between MPs issues, as they already demonstrated through their and ICC officials – including Prosecutor Luis pivotal contribution to the ratification processes David Donat-Cattin is Legal Advisor for Moreno-Ocampo – this upcoming Assembly in countries in all regions of the world. Yet, there Parliamentarians for Global Action.

Resumed ASP to Elect Second Bench of Judges and Members of the Committee on Budget and Finance By Caroline Baudot

n 26-27 January 2006, during a As of 28 October 2005, the following eleven candidates - 1 candidate from the group of Asian resumed meeting of the Fourth have been nominated for ICC Judge: states Session of the ASP, States Parties Name Country List Region Gender - 2 candidates from the group of willO proceed to the second election of Eastern European states BARD, Károly Hungary B E. Europe Male judges in the history of the Court. - 1 woman The first election of ICC judges took DAKOURE, David Burkina Faso A Africa Female These minimum voting place in February 2003, at the first session KAUL, Hans-Peter Germany B W. Europe and Other Male requirements will be discontinued of the Assembly. After eighteen judges KOURULA, Erkki Finland B W. Europe and Other Male after four rounds. were elected, six of them were selected for KUENYEHIA, Akua Ghana B Africa Female While ICC judicial elections will a term of office of three years, six of them routinely take place every three years, for a term of six years and six for a term OWUOR, Effie Kenya A Africa Female each one is a crucial event in the history of nine years, to ensure continuity in the SLADE, Tuiloma Neroni Samoa A Asia Male of the Court in light of the impact work of the Court. In January 2006, the SONG, Sang-hyun Republic of Korea A Asia Male that judges have on its work and Assembly will therefore elect six judges, THIAM, Cheikh Tidiane Senegal B Africa Male success. The Coalition for the ICC for a term of nine years each. calls on all States Parties to commit to At the time of writing, eleven TRENDAFILOVA, Ekaterina Bulgaria A E. Europe Female upholding the Rome Statute principles candidates have been nominated for UŠACKA, Anita Latvia B E. Europe Female of competence and fair regional and the election: Károly Bard (Hungary), gender representation. States Parties Haridiata Dakoure (Burkina Faso), As of 13 October 2005, the following six candidates have been must vote for the most highly qualified Hans-Peter Kaul (Germany), Erkki Kourula nominated to be members of the Committee on Budget and Finance: candidates through a fair and transparent (Finland), Akua Kuenyehia (Ghana), Effice process. The CICC also supports the call Owuor (Kenya), Tuiloma Neroni Slade Name Country Region Gender of the President of the Assembly of States (Samoa), Sang-hyun Song (Republic of DAH KINDJI, Lambert Benin Africa Male Parties that States should not engage into Korea), Cheikh Tidiane Thiam (Senegal), DUTTON, David Australia W. Europe and Other Male any political reciprocal agreements, also Ekaterina Trendafilova (Bulgaria) and Anita GHARAIBEH, Fawzi Jordan Asia Male known as ‘vote trading’. Usacka (Latvia). HAHN, Myung-jae Republic of Korea Asia Male During that same meeting, the ASP Each candidate fulfills a number of will also elect six members of the Committee categories, provided for in the Rome Statute. SOPKOVÀ, Elena Slovakia E. Europe Female on Budget and Finance (CBF). The Indeed, the Statute provides that there WINS, Santiago Uruguay Latin American and Male Committee was established as a mechanism should be two lists of candidates (list A, Caribbean States for the budgetary and financial review containing the names of candidates with and monitoring of the resources of the established competence in criminal law This procedure requires States Parties to vote for a ICC. Seats are distributed among regional and procedure; and list B, containing the names of minimum number of candidates from each regional groups: African States: 2 seats; Asian States: 2 seats; candidates with established competence in relevant group, each type of legal expertise and each gender. Eastern European States: 2 seats; Latin American areas of ) and that States should This minimum number is adjusted according to the and Caribbean States: 2 seats; Western European take into account the need for the representation of twelve judges remaining in office and according to and Other States: 4 seats. At the time of writing, six the principal legal systems of the world, equitable the number of candidates. candidates had been nominated: Lambert Dah Kindji geographical representation, and a fair representation As a result, at the time of writing, considering the from Benin; David Dutton from Australia; Fawzi of female and male judges. twelve judges remaining in office and the number of Gharaibeh from Jordan; Myung-jae Hahn from the To ensure that these provisions would actually candidates, as well as the categories that each judge or Republic of Korea; Elena Sopkova from Slovakia; and be implemented during the election, the ASP candidate fulfills, it can be expected that in January Santiago Wins from Uruguay. Again, the role of the devised an election procedure based on a system of 2006, when voting for six judges, States Parties will CBF and its recommendations has a very significant minimum voting requirements. In voting for the have to vote for at least: impact on the work of the Court. six judges in January 2006, the ASP will follow this - 1 candidate from list A procedure entitled ‘Procedure for the nomination and - 1 candidate from list B Caroline Baudot is Advocacy and Policy Officer for election of judges of the ICC’ (ICC-ASP/3/Res.6). - 1 candidate from the group of African states the CICC.

The International Criminal Court MONITOR • November 2005 Page 5 2006 US Economic Support Funds Threatened for ICC Countries By Golzar Kheiltash and Toni Panetta

he Bush administration’s blatant hostility been introduced in the House of toward the ICC is demonstrated by its Representatives’ version of the 2006 efforts to push for over 100 countries to bill; however, the Senate has yet to signT Bilateral Immunity Agreements (BIAs) with include the provision in its version the United States. These agreements provide of the legislation. blanket immunity from the ICC’s jurisdiction At some point before the not only for US servicemembers, but also for all end of 2005, members of the US nationals and non-nationals who are working Senate and House will meet in a for or have worked for the US government as Conference Committee to decide contractors. To ensure that countries comply with whether the Nethercutt provision signing these BIAs, the US has threatened to cut will be included again in the final Economic Support Funds (ESF) to ICC member joint Senate-House 2006 FO states. These funds are allocated to US allies such Appropriations Bill. The inclusion as Kenya and Jordan to combat terrorism as well of the Nethercutt provision allows as promote democracy and the rule of law. Not the US administration to strong- only does this policy expose the extent of the Bush arm ICC countries into signing administration’s unwarranted antagonism for the BIAs. These BIAs are contrary to Court, but government and military officials the letter and spirit of the Rome continue to indicate that these veiled threats are Statute and force countries who As reported previously in the Monitor (April 2005, Issue 29), General Bantz Craddock, an obstacle to maintaining strong diplomatic and are States Parties to the ICC to Head of US Southern Command, voiced serious concern about the US BIA policy to military relationships with countries around the violate their obligations under the US Congress on 9 March 2005. Credit: Air Force 1st Lt. Rebecca Garland. world. the treaty establishing the Court. Dubbed the Nethercutt Amendment after the Washington, DC-based Citizens for of Citizens for Global Solutions’ website at: Congressman who introduced it, the provision Global Solutions is leading a multi-organizational www.globalsolutions.org/programs/law_justice/ cutting ESF was first inserted in the final version effort to lobby for the Nethercutt provision to be law_justice_home.html. of the fiscal year 2005 Foreign Operations (FO) excluded from the final version of the 2006 FO Appropriations Bill (H.R. 4818) and passed into Appropriations Bill. Golzar Kheiltash is Program Coordinator for law in December 2004. The FO Appropriations To track developments on the Nethercutt International Law and Justice at Citizens for Global Bill for 2006 is currently being debated by provision in the 2006 FO Appropriations Bill, Solutions. Toni Panetta is a Research Associate with Congress. The Nethercutt provision has again visit the International Law and Justice section Citizens for Global Solutions. States Must Reaffirm Commitment to ICC in UN General Assembly By William Pace

he ‘largest ever gathering’ of heads of the Court and recognize its contributions to governments at the UN revealed that international justice. major fissures remain in the world’s In the current General Assembly, governments universalT legal and political organization. will negotiate and adopt a resolution on the ICC Security Council reform, disarmament and specifically. This year, the item ‘Report of the non-proliferation, and international justice for ICC’ will be discussed in the General Assembly genocide and crimes against humanity were plenary instead of the Sixth (Legal Committee) deleted from the declaration. The last day of as in the past. The Court has already sent a ‘trade-offs’ at the United Nations on the World report on its activities to the General Assembly, Summit Outcome Document, adopted by Heads in accordance with the provisions of Article 6 of of State and Foreign Ministers, witnessed the the Relationship Agreement between the United United States isolating itself from the rest of the Nations and the ICC. world on one issue: the International Criminal This first-ever report of the ICC to the Court (ICC). While France had problems with plenary of the General Assembly is a significant disarmament language and India, Israel, Pakistan step forward with powerful symbolism in the and Iran all had problems with non-proliferation, history of the Court. In the GA, governments the ICC was the sole issue where the US found will also negotiate several resolutions on a range itself totally alone in opposing each and every of issues relevant to the ICC, including the safety negotiation proposal. Even proposals which and security of humanitarian and UN personnel; offered conciliatory language on “respecting rights of the child; and the human rights situations individual countries’ national obligations” failed in the Democratic Republic of Congo and Sudan. to appease the United States. Three other resolutions – on trafficking of women Ultimately, though it is disappointing that and girls; extrajudicial, summary or arbitrary countries were forced into a situation where they executions; and enforced and involuntary needed to withdraw all language on impunity disappearances – will be dealt with in the 61st from the final Outcome Document rather General Assembly. States must continue to than concede to the inclusion of diluted and demonstrate their steadfast commitment to the insufficient language on impunity, the CICC International Criminal Court by ensuring that was grateful that so many countries now simply these all-important resolutions which hold great cannot envision a landscape of international relevancy to the ICC’s work maintain strong justice without the ICC. During the High-Level references to the Court. Plenary meeting of the 60th session of the UN Heads of State and Foreign Ministers from across the globe Unlike the Summit negotiations, where General Assembly, held from 14-16 September, attended the opening session of the UN World Summit at UN one nation could ‘veto’ consensus, the GA is several governments – including Argentina, Headquarters in New York. Credit: UN/Paulo Filgueiras. accustomed to voting on important policy issues. Costa Rica, Estonia, Lichtenstein, Malta, we would have wished this document to have In light of the Security Council referral of the Samoa and Trinidad and Tobago – as well as the been even more ambitious than it already is. In horrifying situation in Darfur to the ICC just a expressed their support for the particular, we would have wished to see a more few months ago, the US should not be allowed International Criminal Court along with their forceful reference to the question of impunity, to succeed in what appears to be an attempt to dismay that the final Outcome Document did and especially the important role that is being revert back to its policy of relentless opposition to not mention the significance of the ICC. Among played by the International Criminal Court.” In the ICC at the United Nations. the many comments made on this issue, Prime addition to these public statements, several States Minister of Malta, The Honorable Lawrence worked behind the scenes to suggest alternative William R. Pace is the Convenor of the Coalition Gonzi, said, “I will not hide my feeling that language that would preserve the integrity of for the International Criminal Court.

Page 6 The International Criminal Court MONITOR • November 2005 Sp ec ia l Pu ll UPDATES ON EVENTS, RATIFICATION AND ou t S ec ti IMPLEMENTATION AROUND THE GLOBE on

NGOs Continue Public Awareness Campaign in Asia By Evelyn Balais-Serrano and Rebecca Lozada

iven that Asia is one of the least represented regions in the ICC – with only twelveG ratifications out of the more than forty countries that comprise this huge continent – a number of international and local initiatives have focused their efforts on urging more Asian countries to promptly ratify and implement the ICC treaty. As part of its Universal Ratification Campaign, CICC and Amnesty International conducted missions and advocacy campaigns in several Asian countries this year, including Lao PDR, Sri Lanka and India. Several non-States Parties are undertaking comprehensive studies on the advantages and disadvantages of accession and ratification and some States Parties are making progress At a media briefing on 9 September, (l-r) Attorney Romel Bagares of the Center for International Law, Dean Raul Pangalangan of the University of the Philippines College of Law and Dr. Aurora Parong of the Philippine Coalition for the ICC explained the significance of the 100th ratification on implementing legislation. of the ICC treaty and urged more Asian countries to join the Court. CICC-Asia also undertook a regional campaign for the 100th anniversary of the Coalition for the ICC, using the Sun to highlight the crimes covered by the ratification – launched on the World Day for the CICC’s anniversary as an opportunity to also ICC, in conjunction with presentations by well- International Justice (July 17th) which marks raise awareness of the ICC. known legal experts and scholars in the field of the day of adoption of the Rome Statute. ICC Many NGOs in the region have continued to international criminal law in China. In turn, at networks – namely Forum-Asia in Thailand, the be engaged in building greater understanding of the recent China-EU summit in September, the Japan Coalition for the ICC, and Pakistan and the ICC through a range of multimedia projects. Chinese government seemed open to the ICC, Philippine coalitions – released statements urging For example, in China, the Project Office for which was mentioned in the joint declaration. their governments to ratify the ICC treaty and the Promotion of the ICC held a film festival conducted activities to commemorate the 10th showing Hotel Rwanda, Anne Frank and Tears of CONTINUED ON PAGE 13

India and the ICC: MPs Discuss Questions and Concerns By Saumya Uma and Pourchisti Wadia

he ICC-India campaign, a project of the The official position of the Indian government who raised queries and concerns, including: Women’s Research and Action Group, and its concerns related to the ICC were presented questions about the influence of the United initiated the first formal discussion on the at the start of the discussion. These concerns are: States and the legality of the bilateral immunity TICC among Indian parliamentarians on 3 August a) potential limits to national sovereignty and “the agreement signed between the US and India; 2005. Held in the Parliament House in New Delhi, primacy of national jurisdiction” as the ICC could the need for the ICC, since India has a sound India, the meeting was convened in collaboration decide if a national judicial process was adequate domestic legal system; the legal basis on which with the Parliamentarian Group on Human Rights, in a given instance; b) non-recognition of terrorism the ICC could compel nationals of non-States a loose network of parliamentarians interested in and first use of weapons of mass destruction as Parties to appear before it; and the non-inclusion human rights issues. crimes; and c) powers of the UN Security Council of terrorism as a crime under the ICC statute. A More than forty-five parliamentarians from to refer and defer cases before the ICC. number of other questions about the implications Lok Sabha and Rajya Sabha (the Upper and Lower Subsequently, discussion followed on the role of of the ICC in India were also posed, which were Houses respectively) who belong to different the ICC, its importance and how the Court would subsequently answered in writing by members political parties participated in the dialogue, function in practice. These topics sparked immense of ICC-India. Based on the positive responses with representatives from non-governmental interest and curiosity among the parliamentarians of the participants, ICC-India is planning to organizations who are partners organize a larger event with of the ICC-India campaign parliamentarians in upcoming attending as observers. Among months, with the aim of the distinguished speakers continuing the fruitful dialogue were Members of the Indian started and addressing the range Parliament, including Mr. of concerns that hinder India’s Sudarsana Nachiappan, Mr. support for the Court. Pawan Kumar Bansal and Ms. Nirmala Deshpande. Ms. Saumya Uma and Pourchisti Saumya Uma, Coordinator of Wadia are the Coordinator and the ICC-India campaign, also Parliamentarians from across India’s political spectrum participated in this recent event hosted by ICC-India Assistant Coordinator respectively presented at the session. in New Delhi. Credit: ICC-India Secretariat / WRAG, India. of the ICC-India Secretariat.

The International Criminal Court MONITOR • November 2005 Page 7 UPDATES ON EVENTS, RATIFICATION AND IMPLEMENTATION AROUND THE GLOBE CICC Advocacy and Capacity-Building Missions in Africa By CICC Africa Regional Team

s the Court’s activities move forward on the ground in Africa, the CICC continues to raise awareness about the ICC, build civil Asociety support and push for more ratifications and implementation of the Rome Statute in a number of countries in sub-Saharan Africa. Democratic Republic of Congo (DRC): Supporting NGO Activities and Pushing for Implementing Legislation

During 9-19 September 2005, CICC Francophone Africa Coordinator, Francis Dako visited the Democratic Republic of Congo (DRC), attending a two-day workshop organized by ICC officials (from the Office of the Prosecutor and the Registry) and participating in the General Assembly of the DRC Coalition for the ICC. The CICC also held several meetings with DRC government officials to push forward the implementation process as well as workshops with civil society organizations and media outlets. (r-l) Désiré Assogbavi, CICC Africa Outreach Liaison, and Benson Olugbuo, CICC Anglophone Africa Regional Coordinator, Many NGOs from several regions of the DRC conducted a Media Roundtable with journalists and NGOs in Kampala during a CICC mission to Uganda in October 2005. attended the ICC workshops which focused on the criteria used in investigations, victims’ participation and reparations, legal representation, victims’ Sanhouidio, UNDP Coordinator, voiced support government officials, NGOs, journalists and several rights, and the protection of victims before and for Madagascar’s ratification. The Minister of embassies. Discussions focused on the need for the during trials. Justice stated that Madagascar was determined to quick adoption of implementing legislation and the The General Assembly and Strategy Meeting of ratify the Rome Statute and added: “We are hoping necessity to educate and sensitize the public about the DRC Coalition for the ICC was held on 15- that during the next parliamentary session, the the ICC, especially through media work. Several 17 September 2005 and brought together about government will submit the ICC ratification bill to local media organizations agreed to work closely fifty NGOs from various provinces of the country. the Parliament for adoption.” with the Coalition in order to provide additional During their presentations, NGOs highlighted their In light of these positive developments, CICC information about the Court in their publications. experiences in the aftermath of atrocities and their Francophone Africa Regional Coordinator, Francis good working relation with the UN Peacekeeping Dako, embarked on the CICC’s advocacy mission. Uganda: Reinforcing Civil Society Capacity Mission in DRC (MONUC). NGOs renewed their During this mission, he was able to meet with and Encouraging Cooperation between commitment to providing assistance to the ICC but government officials, parliamentarians, NGOs and NGOs and the Media expressed the urgent need for assistance, especially other civil society organizations, and members of with regards to protection. The DRC Coalition also the media to advocate on the need to ratify the The CICC organized an advocacy mission in came up with a four-year strategic plan. Rome Statute without further delay. Uganda from 26 September to 7 October 2005 In Kinshasa, the CICC met with government As a result of these meetings, the Minister of which was carried out by CICC Outreach Liaison officials, including the Minister of Justice, the Foreign Affairs along with the Minister of Justice for Africa, Désiré Assogbavi, and CICC Anglophone Minister of Human Rights and the Vice Chair of committed to ensuring that the draft ratification Africa Regional Coordinator, Benson Olugbuo. the Parliament, about the DRC’s implementation bill be introduced at the Counsel of Ministers During the mission, which was facilitated process. The Cabinet recently adopted an deliberations. The government must then seek by the Uganda Coalition for the ICC (UCICC), implementing legislation bill, which was sent to the legal opinion of the Constitutional Court. CICC representatives interacted with the NGO the Parliament on 1 October for consideration After such formal approval of the draft bill, the community, civil society organizations, the media, at its next session. The Coalition also met with government will then transmit it to Parliament government agencies and several donors, including representatives from MONUC to discuss issues (both the Senate and National Assembly), the and the Embassies of The around ICC cooperation and assistance which do which has pledged to speed up the procedures to Netherlands, Belgium and France. The mission appear to have improved. ensure a prompt ratification. It is then expected also included discussions with academics and that Madagascar will take urgent steps towards several other civil society organizations that have Madagascar: Advocating for Prompt completing ratification and implementation of the conducted extensive research on the conflict in Ratification Rome Statute into its domestic laws. northern Uganda. On 4 October, the CICC organized a Media The ratification process in Madagascar is Central African Republic (CAR): Raising Roundtable with journalists and NGOs as a way of nearing completion, as revealed during a recent Awareness of the ICC and Pushing for Quick involving the media in NGOs’ advocacy activities CICC mission to Antananarivo from 30 September Implementation on the ICC. Because the media plays such a strategic to 10 October 2005. role in reporting on the ICC’s current work in At a standstill since 18 July 1998 when From 18-25 September 2005, CICC’s Outreach Uganda, journalists and NGOs agreed to work Madagascar signed the ICC treaty, the ratification Liaison for Africa, Désiré Assogbavi, conducted together in order to correct any misunderstandings process was reinvigorated in late September thanks a one-week mission to Bangui, Central African and misinformation about the Court in Uganda. to the CICC’s monthly Universal Ratification Republic (CAR), during which time he took part The Roundtable attracted a range of media Campaign, during which time individuals around in a capacity-building workshop organized by practitioners, including radio outlets as well as print the world sent letters to government officials in the International Federation for Human Rights and electronic media. It also offered the CICC the Madagascar urging them to ratify the Rome Statute (FIDH) and the Ligue Centrafricaine des Droits de opportunity to hold more in-depth discussions with as soon as possible. In the course of this campaign, l’Homme, an FIDH affiliate and CICC member. Ugandan journalists about key issues related to the local activities to promote awareness of the ICC The meeting, which aimed at familiarizing the Court’s activities and policies in Uganda. and to push for ratification were undertaken by a public with the Rome Statute’s provisions took place local CICC member, ACAT Madagascar (Action on 19 September and brought together more than The CICC Africa Regional Team consists of Désiré by Christians for the Abolition of Torture). During 100 participants, including NGOs, government Assogbavi, Outreach Liaison for Africa, Francis a CICC and ACAT-sponsored debate on the ICC, officials and victims. Dako, Francophone Africa Regional Coordinator, Mr. Patrice De Charette, the EU Head of the Besides this workshop, the CICC held several and Benson Olugbuo, Anglophone Africa Regional “Rule of Law Project” and Mr. Bouri Jean Victor meetings with various stakeholders, including Coordinator. UPDATES ON EVENTS, RATIFICATION AND IMPLEMENTATION AROUND THE GLOBE Sudanese Groups Call for a National Coalition to Push for Ratification during a Workshop in Khartoum By Jeanne Sulzer

t the first ICC-related event held in Sudan of the United Kingdom to Sudan on behalf of the participants also underscored the need for increased since the Security Council referral of the European Union. training on international justice mechanisms. Darfur situation to the Prosecutor, over Though the conflict is far from over and serious While the impact of the referral on national ninetyA Sudanese human rights activists, lawyers, and violations of human rights and humanitarian sovereignty came up throughout the two- government officials, as well as representatives from law continue to occur in Sudan, civil society day workshop, it was not reflected in the final the United Nations Mission in Sudan (UNMIS) representatives from across the country, including recommendations, which strongly urged the and the European Union came together to discuss Darfur, attended this meeting in order to engage government to ratify the Rome Statute and bring the role and functions of the ICC, the implications international experts, the Sudanese military national legislation in line with international of the referral, and future steps. Organized by the judiciary, and government officials from the humanitarian law standards. The workshop International Federation for Human Rights (FIDH) Advisory Council for Human Rights of the concluded with a powerful call on Sudanese civil and the Sudan Organization against Torture Ministry of Justice and the Ministry of Foreign society to form a national coalition for the ICC that (SOAT) with their local partners, the Khartoum Affairs on the ongoing crimes in Darfur, the ICC could spearhead a public information campaign on Center for Human Rights and Environment investigation, as well as the merits of the Special the ICC and push for ratification. Development and the Nyala-based Amal Center Court for Darfur with respect to the principle of for Rehabilitation of Victims of Torture, the complementarity enshrined in the Rome Statute. A report of the workshop will be available workshop, “The International Criminal Court and Dr. Muaz Ahmed Mohamed Tango, from the in English and Arabic on the FIDH website at Sudan: Access to Justice and Place of Victims”, Ministry of Justice and Former Ambassador of www.fidh.org. took place in the capital city of Khartoum on 2- Sudan to the United Nations in New York, stressed 3 October 2005. Dr. Abdel Moneim, Director of the importance of Sudanese government accession the Advisory Council for Human Rights of the to the Rome Statute. The workshop highlighted Jeanne Sulzer is International Justice Director for Sudanese Ministry of Justice, opened the workshop, victims’ rights and access to justice for survivors the International Federation for Human Rights followed by His Excellency Ian Cliff, Ambassador of sexual crimes within ICC jurisdiction. The (FIDH).

During the first-ever ICC-related workshop held in Sudan, human rights activists, lawyers, and government officials gathered in a Working Group to discuss the impact of the ICC’s investigation, victims’ access to justice, and to call on local civil society to form a national coalition to spearhead a public information campaign and push for ratification. Credit: FIDH.

CICC’s policy on the referral and prosecution of situations before the ICC: The Coalition for the ICC is not an organ of the Court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC’s trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. Box 19519 2500 CM The Hague The Netherlands UPDATES ON EVENTS, RATIFICATION AND IMPLEMENTATION AROUND THE GLOBE

MENA members urge Egypt and Syria to Join ICC By Sameer Jarrah, Moataz El Fegiery and Anjali Kamat

ver the past few three human rights activists, months, the CICC’s lawyers, judges, police campaign in the officers, and representatives OMiddle East and North Africa from the Syrian Ministry (MENA) has seen an exciting of Justice and the Ministry surge in ICC-related activities, of the Interior participated with civil society representatives in the workshop held on from across the region urging 21-22 August that aimed to their countries to accelerate strengthen governmental and their ratification process and non-governmental bodies in complete implementation Syria directly involved in the of the Rome Statute. In late protection and promotion August and September, two of human rights. The Coalition members held ICC workshop, which received training workshops in Egypt CICC MENA Coordinator Amal Basha (left) discusses the importance of strengthening national coalitions with Moataz excellent media coverage, El Fegiery, Programs Coordinator, CIHRS, and Ahmed Zaki, Human Rights Education Officer, CIHRS at an ICC and Syria – both of which have workshop in Cairo organized by the Cairo Institute for Human Rights Studies (CIHRS) on 15-16 September 2005. created a dynamic forum made little progress towards for the participants and the ratification since signing the Rome Statute of the recommendations underscored the need to form an invited experts – including CICC MENA Regional ICC in 2000. Egyptian coalition for the ICC that would engage Coordinator Amal Basha and University On 16-17 September, the Cairo Institute for key sections of the Egyptian state, civil society Professor of International Law Ibrahim Al-Darraji Human Rights Studies, in coordination with and the media to build support for the Court and – to discuss the Rome Statute, exchange ideas, and CICC MENA Regional Coordinator Amal Basha, pressure the Egyptian government to promptly develop a strategy to promote the ICC and a culture organized a well-attended training workshop on the ratify the Rome Statute while being transparent of respect for human rights in Syria. ICC, its global impact, and its particularly urgent about its bilateral immunity agreement with the significance to Egypt. Over twenty-five Egyptian United States. Sammer Jarrah is the Chairman of the Arab World human rights organizations participated in the two- The Arab World Center for Democracy Center for Democracy Development and Human Rights day workshop and discussed provisions in the Rome Development and Human Rights, a Jordan-based in Irbid, Jordan. Moataz El-Fegiery is the Program Statute as well as obstacles to ratification, including regional NGO, seized an unprecedented opportunity Coordinator at the Cairo Institute for Human Rights a general lack of awareness about the Court, fears in August to organize a comprehensive ICC training Studies in Cairo, Egypt. Anjali Kamat is the CICC about a Western-controlled Court and reluctance to workshop in Damascus with a unique mix of Outreach Liaison for the Middle East, North Africa end full immunity for political leaders. Concluding Syrian government and NGO participants. Forty- and Europe. Yemen Hosts Regional NGO Meeting on the ICC, Moving Closer to Ratification By Anjali Kamat

emen, as the of how joining the country closest ICC could strengthen to ratifying the national legislation YRome Statute in the and human rights Middle East and North protection. One of the Africa (MENA) region, clearest indicators of the was the natural choice meeting’s success is that for the location of the more than half of the CICC’s first MENA regional participants Regional Strategy are already organizing Meeting, which was ICC activities in their organized by the Sister’s own countries. Arab Forum for Human The meeting, which Rights with the support was opened by Yemeni of the International Minister of Human Federation for Human Rights Ms. Amat Rights (FIDH) in al-Alim al-Soswa, CICC Convener William Pace (third from left), along with CICC MENA team and FIDH representatives, met with Yemeni Sana’a on 13-14 August President Ali Abdallah Saleh (center) and other high-level government officials to discuss prospects for ratification. Senator Mohammad 2005. The meeting Al-Thayyib, MP brought together Shawki al-Qadi, CICC sixty NGO representatives from ten countries wide reach of the United States’ influence in the MENA Regional Coordinator Amal Basha, and in the region – including Algeria, Bahrain, region, particularly since the “war on terror,” CICC Convener William Pace, received excellent Egypt, Jordan, Kuwait, Lebanon, Morocco, the one of the main issues discussed was how to and sustained coverage from national and regional Occupied Palestinian Territories, Sudan and urge governments to remain resolute in their Arabic media. Based on strong assurances of Yemen – to revive discussions on ratification support for the ICC despite US pressure to the support from civil society and positive meetings and implementation of the Rome Statute, dispel contrary. between CICC and FIDH representatives and the many myths about the extent of the Court’s Although most of the participants from outside key high-level government officials, including the powers, and outline concrete country-specific Yemen were new CICC members, they were all President of Yemen Ali Abdallah Saleh, the CICC strategies to strengthen regional support for experienced human rights lawyers who were very remains quite hopeful that ICC ratification will international justice and the ICC. Given the committed to the Court – particularly in terms remain on Yemen’s short-term agenda.

Page 10 The International Criminal Court MONITOR • November 2005 Latin America Committed to ICC but Extra Work Still Needed By Mariana Rodriguez Pareja and Paulina Vega-González

espite strong pressure from the the Senate the constitutional amendment US government, including threats required to enable Chile’s ratification of the to cut funding and the recent Rome Statute, even marking the initiative visitD of US Secretary of Defense Donald as “urgent”. The amendment is expected to Rumsfeld to some countries in the be studied by the Senate’s plenary before region such as Peru, many States in Latin the end of 2005. Also, four years after America continue to demonstrate their Mexico’s signature of the Rome Statute in commitment to the integrity of the Rome 2001, the internal process of ratification was Statute and their support for the Court. completed and Mexico is now ready to fully In a public statement to the press participate as a State Party to the ICC. In dated 19 August 2005, Peruvian Minister , the Rome Statute is expected of Foreign Affairs Oscar Martua stated to be presented before the Congressional that “his ministry will not undertake any plenary in the near future for discussion. action that could somehow undermine Despite these very encouraging or modify the scope of Article 98 of developments, stronger efforts are still the Rome Statute in Peru.” Similarly, in needed in relation to ratification of the Costa Rica, Minister of Foreign Affairs Agreement on Privileges and Immunities of Robert Tovar declared in an interview the ICC (APIC). Belize recently ratified the with Radio Monumental that his country APIC, becoming the fifth state in the region “will maintain the integrity of the Rome to do so. Although the APIC is pending in Statute, regardless of the suspension of aid several national parliaments (including in by the US.” In a more recent declaration, Argentina, Peru and Venezuela), the CICC the Mexican Minister of Foreign Affairs hopes that all Latin American countries also rejected the signature of such an will ratify the APIC and conclude their agreement with the US government. implementation process as a priority. In terms of the most recent ratification developments in the region, there have Mariana Rodriguez Pareja is Spanish been significant advances in the ratification Guatemalan MP Eduardo Zachrisson, President of the Constitutional Matters Information Services Coordinator and process in Chile – the only South American and Legislation Commission, addressed an ICC conference in Guatemala City Paulina Vega-González is Latin America country that is yet to become an ICC State in August 2005. and Caribbean Regional Coordinator for the Party. The Executive recently submitted to CICC.

African Religious Leaders Endorse Launch of ICC Manual By Jeffery Huffines

he project of the Faith and Ethics Network leaders to engage the for the ICC (FENICC) to produce a manual Court in the conduct for African faith-based communities on of its investigations, “AdvancingT Justice and Reconciliation in Relation indictments, to the ICC” is well underway. Its purpose is prosecutions and, to raise awareness of the ICC among African ultimately, reparation religious communities, to assist in the training programs. of faith-based advocates in advancing justice and The Faith and reconciliation as it relates to the ICC, and to Ethics Network will facilitate increased understanding and outreach host a meeting on the to the ICC, particularly in those countries where theme of the manual the Court is conducting investigations. at the Assembly of From 8-12 May, an African Expert Working States Parties in The Group meeting was organized in Nairobi, Kenya, Hague at the end of with participants including Muslim, Hindu, November. The launch Catholic and Anglican leaders from Uganda, of the manual is the Democratic Republic of the Congo (DRC), expected to take place Sudan, South Africa and Kenya, several regional during the session of human rights experts, as well as a representative the Assembly of States from the Victims Participation and Reparations Parties in New York Section of the ICC. Dr. Laurence Bropleh of (26-27 January 2006), the World Council of Churches opened the with other launches to proceedings on behalf of FENICC, along with Ms. Angela Oliver of the World Conference of Religions for Peace and Dr. Laurence Konmla be planned in Africa Ms. Angela Oliver of the World Conference of Bropleh, the World Council of Churches Permanent Representative to the United Nations, and The Hague. Religions for Peace and Ms. Jonneke Naber of the pictured here at the United Nations in New York, were the key organizers, along with Ms. From 2006 onwards, Centre for Justice and Reconciliation who helped Jonneke Naber from the Centre for Justice and Reconciliation in The Hague, of the recent African FENICC members organize the meeting. Experts Working Group meeting held in Kenya in May 2005. will provide training The consultations were enriched by case studies programs based on the from Uganda, DRC and Sudan presented by by the Centre for Justice and Reconciliation in manual, in close cooperation with local partner Bishop Nelson Onono Onweng, Acholi Religious The Hague, and generously funded by Dutch organizations. Leaders Peace Initiative in Uganda; Sheikh Dr. humanitarian agencies, Kerkinactie (Protestant) Anasi Kaliisa, Inter-Religious Council of Uganda; and Cordaid (Catholic). Rev. Dr. Haruun L. Ruun, New Sudan Council The manual outlines the mandate of the For more information on the manual, of Churches; and Rev. Pierre Mpia Mopendo, ICC, defines the atrocity crimes it deals with, contact Ms. Jonneke Naber, Research Director, Inter-Religious Council of DRC. and explains how the criminal justice procedures Centre for Justice and Reconciliation, e-mail There was broad agreement on the necessity of of the ICC may fit within a comprehensive [email protected] or phone +31 (0)70 313 6800. such a manual and a strong commitment to use it strategy of transitional justice that promotes in various faith-based networks throughout Africa. reconciliation. Moreover, it discusses the role of The meeting provided the framework and basic religious leaders in supporting and criticizing the Jeffery Huffines is the co-chair of the Faith & Ethics content of the manual that is now being produced ICC, with the objective of empowering religious Network for the ICC.

The International Criminal Court MONITOR • November 2005 Page 11 Video: An Efficient Tool for Raising New NGO Reports on Situation in Uganda Awareness on the ICC By Bukeni Tete Waruzi Beck everal NGOs have recently released reports which present different eginning in June 2005, an important new perspectives on the support within video has been making its way into the villages SUganda for the International Criminal of the eastern Democratic Republic of Congo, Court’s ongoing investigations. The especiallyB in the territory of Uvira in South-Kivu reports have varying views on issues province. This fifteen-minute film, called “A Duty to related to peace and justice, yet all Protect: Justice for Child Soldiers in the DRC”, was emphasize the need for the ICC to produced by AJEDI-Ka/ Child Soldiers Project (PES) promptly implement its communications and WITNESS with the aim of raising awareness and outreach strategy in Uganda in order and helping to prevent voluntary recruitment of child to dispel misunderstandings and manage soldiers in local communities. The film also explains expectations as to the Court’s role and the jurisdiction of the ICC, including the important mandate. distinction that children under the age of eighteen • Uprooted and Forgotten: Impunity will not be prosecuted by the Court. and Human Rights Abuses in Northern With a generator, a projector, a VCR, a Uganda: Human Rights Watch (HRW) These four residents of the Ngomorroreo camp for internally displaced microphone with a built-in speaker and a sheet as the has released a new seventy-six-page report, persons, located near the Sudanese border in Northern Uganda, were screen, AJEDI-Ka/PES has been traveling from village which documents how the ongoing lack attacked and mutilated by the LRA after they left the relative safety of to village to show the film and engage in discussions of accountability and civilian protection the camp to fetch water. March 2005. Credit: Thomas W. Morley / with thousands of spectators – children, adults and in northern Uganda has fueled atrocities Exile Images. old people, men and women alike, as well as members by both the Ugandan military and the of the military. The video has had tremendous success rebel Lord’s Resistance Army. The report calls in Northern Uganda, a majority believed that and all of us at AJEDI-Ka had no idea that people on the ICC to investigate and prosecute abuses the court would contribute both to peace (91%) would find it so exciting. by both sides. Furthermore, the report is critical and justice (89%).” The report thus concludes of the ICC’s communications and outreach that peace and justice are not seen as mutually strategy, noting that the Court has so far failed to exclusive, since about three-quarters (76%) of effectively communicate its mandate to the people respondents said that those responsible on both of Uganda, thereby undermining its credibility sides should be held accountable. The report also and impartiality in the eyes of many. While notes: “The majority of respondents (73%) knew pointing out that the ICC remains the best option nothing or very little about the ICC’s existence and for achieving some measure of justice, HRW calls work,” and recommends that the ICC implement for meaningful national prosecutions, a broader an outreach strategy to make Ugandans more truth-telling process and traditional remedies as aware of the Court’s mandate and operations. a valuable supplement to the ICC’s investigation. The report is available at http://www.ictj.org/ The full text of the report is available at: downloads/ForgottenVoices.PR.pdf. http://hrw.org/reports/2005/uganda0905/ uganda0905.pdf. • Peace First, Justice Later: Traditional Justice in Northern Uganda: This report by the Refugee • Forgotten Voices: A Population-Based Survey Law Project argues that peace needs to be secured People from small towns throughout eastern DRC have viewed on Attitudes about Peace and Justice in Northern before justice can be carried out. The report a new video on child soldiers and the ICC, and discussed the Uganda: This report published by the International concludes that this ‘sequencing’ is preferred Court’s relevance to their communities. Credit: Bukeni Beck. Center for Transitional Justice (ICTJ) and by the local populations since their priority is After the screening, the audience participates in a the Human Rights Center at the University of ending the war, and they view peace and justice question and answer period. Questions have included: California, Berkeley – based on surveys conducted as separate processes. Furthermore, many believe “What types of sanctions will face those who recruit with more than 2,500 Ugandans in April and that traditional mechanisms of justice should child soldiers?” or “What can we do when we have May 2005 – urges national and local authorities play a pivotal role in this process. However, it also to ensure our safety ourselves?” One village military in Uganda and the international community notes that “[U]nderstanding justice mechanisms commander even said, “What we’ve seen in the film is to work together to develop an integrated and and their capabilities are sometimes clouded true and we will demobilize children, but since they’re comprehensive strategy for peace and justice. by misinformation. At the same time, many of mentally destroyed, who’s going to help them?” In Survey respondents expressed strong support for these people believe to some extent in the work of addition, many other more specific questions about transitional justice mechanisms, including a truth the ICC, and support their role in the process.” the ICC have been raised including: “How will the commission, the ICC, and victims’ reparations. The full text is available at: http://www. International Criminal Court arrest those responsible Notably, the report cites that: “Of those who had refugeelawproject.org/papers/workingpapers/ in my community?”, “Can parents who allow or heard of the ICC, now investigating war crimes RLP.WP17.pdf. encourage their children to serve as child soldiers be prosecuted by the ICC?” and even basic questions INTERVIEW WITH H.E. AMBASSADOR BRUNO STAGNO UGARTE, CONTINUED FROM PAGE 3 such as “How can I send information to the ICC?” Awareness campaign videos, like the one utilized States Parties and delegates, be it in The justice system, with the ICC at its core, by AJEDI-Ka in the eastern DRC, are an effective Hague, New York, or capitals. I welcome an achievement that has been crowned and efficient tool to convey these complex issues, this dynamic so long as we maintain with an uninterrupted series of successes particularly given the high level of illiteracy and unity of purpose, through constructive to bring it into operation: the election inadequate infrastructures in the DRC. engagement with and commitment to the of judges, the prosecutor and deputy The success has become region-wide, so much so Court. The diplomatic community in The prosecutors; the adoption of instruments that UNHCR-Burundi has invited AJEDI-Ka/PES Hague, due to its proximity to the Court, is such as the Elements of Crime and the Rules to screen the film in Congolese refugee camps in ideally suited to be its ‘garde rapprochée’, of Procedure and Evidence; a relationship Burundi in order to prevent the recruitment of child whereas the New York community acts agreement with the UN; the establishment soldiers there. The film has also been screened in New as a strategic outpost for interaction with of the Trust Fund for Victims and a Board of York and Washington, DC with members of the US what I consider to be the key institutional Directors, among many others. Congress, providing a forum for debate and in-depth partner, the United Nations, and the many discussion on the ICC and on ways to effectively States Parties and Non-States Parties that Q: How would you describe the ASP’s communicate crucial information about this new are not represented in The Hague. The relationship with NGOs? justice organization to local communities. comparative advantages of each contribute to the strengthening of the ICC. A: The NGOs are key partners in this enterprise To view the film or request copies, visit: and have proven to be very worthy allies www.witness.org Q: What in your opinion is the greatest success all along. I welcome the periodic strategic of the ICC so far? meetings the ICC has been holding with NGOs and am personally committed to Bukeni Tete Waruzi Beck is the Director and Head of A: The ICC itself is the success. The Rome engage with them on the follow-up and AJEDI-Ka/PES. Statute gave us an international criminal the preparation for the next ASPs.

Page 12 The International Criminal Court MONITOR • November 2005 INTERVIEW WITH H.R.H. PRINCE ZEID RA’AD ZEID AL-HUSSEIN, CONTINUED FROM PAGE 3 PUBLIC AWARENESS CAMPAIGN IN ASIA, CONTINUED FROM PAGE 7 achieved something of some significance the like-minded group in Rome, was that during our lifetime. the tensions we experienced last year were Also, INSEC (the Coalition’s focal point on ICC worse than anything we had experienced work in Nepal) published a special edition of Q: What is your vision of the ASP and the role previously with those countries who were Informal, a quarterly magazine focusing on the of the ASP? openly hostile to the Court. There is no ICC and its relevance to Nepal. The Pakistan one single party to Coalition for the ICC launched a public awareness blame for this, we campaign, coordinated by the Society for the are all equally guilty. Protection of the Rights of the Child (SPARC). It does trouble me, They produced and disseminated ICC brochures, however, for now is stickers, posters and banners to schools, offices not the time for us and commercial establishments throughout to start behaving like Pakistan. In Bangladesh, ODHIKAR conducted petulant children. an ICC orientation workshop at the University We need to bind of Rajshani attended by faculty, students and the together, never media. losing sight of the In the Philippines, various activities, such as broader picture of ICC exhibitions, petition-signings and a Justice what it is we are trying Film Festival sponsored by the Canadian Embassy to do, and support and held at the University of the Philippines strongly President Film Center and other venues, were initiated by Bruno Stagno CICC-Asia and the Philippine Coalition for the (l-r) President of the ICC, Mr. Philippe Kirsch, First President of the ASP, H.R.H. Prince Zeid Ra’ad Zeid Ugarte, who will ICC. These events were attended by thousands Al-Hussein, and President of the Secretariat of the ASP, Mr. Medard Rwelamira. Credit: ICC-CPI/Wim make a magnificent of students, teachers, lawyers, media, religious Van Capellen. president by the groups, human rights organizations, members way. of the diplomatic community and professionals. The University of the Philippines’ Institute for A: As Christian Wenaweser put it to me Q: What in your opinion is the greatest success International Legal Studies, supported by the once: no one seems to be dreaming of the ICC so far? International Committee of the Red Cross and the anymore. We need to restore a sense that Philippine Coalition for the ICC, also organized these meetings are not encounters with A: The greatest success of the ICC? Establishing a national moot court competition using the ICC the ordinary, but rather extraordinary itself in manner that has been thoroughly as its case. Students from law schools across the moments. The ASP must function and exist professional, and, as a consequence, country participated, and the international moot in a style that conveys an impression to the turning itself into a very fine institution, court will be held in Hong Kong early next year. international community that it, the ASP, now in a position to take up its important In Malaysia, thirty experts from twenty- is the chief champion of the Court – even role in international affairs. As for the ASP, two countries in the region recently participated when it engages itself in matters of a more that we were able to assist in the building in a workshop on the ICC, organized by the technical nature. of the Court is something we can all be University of Nottingham Law Center. Among very proud of. the distinguished speakers were ICC Judge Sang- Q: A recent factor in the ICC process has been Hyun Song from South Korea; Mr. Morten the increasing involvement of The Hague Q: How would you describe the ASP’s Bergsmo of the Office of the Prosecutor; Dr. diplomatic community. What are your relationship with the NGOs? Olympia Bekou of Nottingham Law School; thoughts on this new dynamic between former ICTY Judge Sharon Williams from capitals, New York and The Hague? A: Where would I have been, as President, Canada; Prof. Treasa Dunworth from Auckland without all those diktats coming my way University, New Zealand; Ms. Swandra Kim Chu A: One of the ironies of the third regular from that fellow . . . what’s his name? from the Malaysia Attorney General’s Office; meeting of the Assembly, and here one Something Pace! In sum: the relationship Mr. Lionel Lee from the Singapore Attorney must remember that the broad majority has been close, and was, is and will remain, General’s Office; Mr. Alexander Faite of ICRC; of states in the ASP were originally part of utterly indispensable . . . there you have it! and ICC Commissioner in the German Foreign Ministry Mr. Hans Werner Bussmann. This training – the first of its kind in the Asia-Pacific ARREST WARRANTS, CONTINUED FROM PAGE 1 region – helped to inform governments of the technical requirements for ICC ratification and completely fair, effective and impartial manner. act as a catalyst for national prosecutions of implementation. As a follow-up activity, ICC It is the only effective answer to the ICC’s critics the thousands of others accused of crimes in President Judge Philippe Kirsch is expected to visit and would no doubt advance the campaign for the territory, including government forces Malaysia in early November to discuss Malaysia’s universal ratification. and civilian superiors, and should exercise its possible accession to the Rome Statute. The realization of this goal is, however, largely jurisdiction if Uganda is unable or unwilling In December, President Kirsch and other dependent on whether national authorities arrest genuinely to investigate and prosecute these ICC experts are again coming to the region, and surrender those charged by the ICC and crimes. In particular, the ICC must press the this time to New Delhi, India, to attend the provide a range of other cooperation measures, Ugandan government to repeal a general amnesty International Conference on Emerging Trends in including protecting victims and witnesses as for these crimes, which was adopted contrary International Criminal Law and Jurisprudence. well as providing evidence to the ICC. It is, to international law. Secondly, the ICC must The CICC recently supported a project in India therefore, a matter of concern that almost three- ensure that all of its systems work effectively. Of which provided parliamentarians with a forum quarters of all States Parties, including Sudan, particular concern at present are the inadequate to exchange views on substantial issues related to Uganda and the Democratic Republic of Congo outreach efforts of the ICC to inform the public the Court (more details on page 7). (where those charged are thought to be hiding), and to dispel misinformation about the ICC. As With such initiatives in Asia and the Pacific have failed to enact the necessary legislation a result, the majority of the northern Ugandan by international NGOs as well as governments, expressly authorizing arrest and surrender or population who have been affected by the crimes coupled with efforts from local civil society defining crimes against humanity and war are unaware of even the most basic information groups, the momentum is building toward crimes as crimes under national law. With many about the ICC or its work, which risks excluding greater recognition by governments of the States Parties failing to address this issue, it is them from the justice process. ICC’s importance in the region as well as an becoming inevitable that the lack of national The Assembly of States Parties is the forum understanding of the significant contributions implementing legislation will prove a major that can adequately address these issues before their respective governments and the Asia-Pacific obstacle to cooperation in these first cases. they develop into serious problems. In previous region can make in the shaping of the International Independently of the issue of cooperation, years it has failed to discuss these issues. It can Criminal Court as a truly independent and the ICC has a number of important challenges no longer afford to continue this practice. effective mechanism for justice. that it must address. Firstly, especially in the case of Uganda where the ICC has decided to Jonathan O’Donohue is the Assistant Legal Adviser Evelyn Balais-Serrano is Asia Regional Coordinator charge only the five members of the LRA who for the International Justice Project of Amnesty and Rebecca Lozada is Asia Program Associate for are subject to arrest warrants, the Court must International. the CICC.

The International Criminal Court MONITOR • November 2005 Page 13 Signatures And Ratification of the Agreement on the Privileges and Immunities of the ICC (APIC), By Region (31 ratifications, 62 signatures as of 19 October 2005) RATIFICATIONS (31) SIGNATURES (62) Region Date Region Date Region Date Austria 10 September 2002 AFRICA (5) AFRICA (11) Belgium 11 September 2002 Burkina Faso 10 October 2005 Benin 10 September 2002 Bulgaria 2 May 2003 Lesotho 16 September 2005 Burkina Faso 7 May 2004 Croatia 23 September 2003 Liberia 16 September 2005 Ghana 12 September 2003 Cyprus 7 May 2004 Mali 8 July 2004 1 April 2004 Denmark 13 September 2002 Namibia 29 January 2004 Madagascar * 12 September 2002 Estonia 27 June 2003 Mali 20 September 2002 Finland 10 September 2002 AMERICAS (5) Namibia 10 September 2002 France 10 September 2002 Belize 14 September 2005 Senegal 19 September 2002 Germany 14 July 2003 Canada 22 June 2004 Sierra Leone 26 September 2003 Greece 25 September 2003 Panama 16 August 2004 Tanzania 27 January 2004 Hungary 10 September 2002 Paraguay 19 July 2005 Uganda 7 April 2004 Iceland 10 September 2002 Trinidad & Tobago 6 February 2003 Ireland 9 September 2003 AMERICAS (16) Italy 10 September 2002 ASIA/PACIFIC ISLANDS (1) Argentina 7 October 2002 Latvia 29 June 2004 New Zealand 14 April 2004 Bahamas 30 June 2004 Lithuania 25 May 2004 Belize 26 September 2003 Luxembourg 10 September 2002 EUROPE (20) Bolivia 23 March 2004 Norway 10 September 2002 Andorra 11 February 2005 Brazil 17 May 2004 Poland 30 June 2004 Austria 17 December 2003 Canada 30 April 2004 Portugal 10 December 2002 Belgium 28 March 2005 Colombia 18 December 2003 Romania 30 June 2004 Croatia 17 December 2004 Costa Rica 16 September 2002 Serbia & Montenegro 18 July 2003 Cyprus 18 August 2005 Ecuador 26 September 2002 Slovakia 19 December 2003 Denmark 3 June 2005 Jamaica 30 June 2004 Slovenia 25 September 2003 Estonia 13 September 2004 Paraguay 11 February 2004 Spain 21 April 2003 Finland 8 December 2004 Panama 14 April 2003 Sweden 19 February 2004 France 17 February 2004 Peru 10 September 2002 Switzerland 10 September 2002 Germany 2 September 2004 Trinidad &Tobago 10 September 2002 The Netherlands 11 September 2003 Iceland 1 December 2003 Uruguay 30 June 2004 United Kingdom 10 September 2002 Latvia 23 December 2004 Venezuela 16 July 2003 Liechtenstein 21 September 2004 NORTH AFRICA/ MIDDLE EAST (1) Lithuania 30 December 2004 ASIA/PACIFIC ISLANDS (3) Jordan 28 June 2004 Macedonia 19 October 2005 Mongolia 4 February 2003 Norway 10 September 2002 New Zealand 22 October 2002 Serbia & Montenegro 7 May 2004 Republic of Korea 28 June 2004 Slovakia 26 May 2004 Slovenia 23 September 2004 EUROPE (31) * Madagascar is a signatory to the Rome Statute but has not yet ratified the treaty. Sweden 13 January 2005 Andorra 21 June 2004

APIC Ratifications by 5 States Bring Total to 31 Belize, Lesotho and Liberia ratified the Agreement on Privileges and Immunities (APIC) of the Court as part of the UN Treaty Event in September 2005, bringing their countries one step closer to full cooperation with the Court. Both Burkina Faso (10 October 2005) and Macedonia (19 October 2005) ratified APIC, bringing the total number of ratifications to 31. Pictured here (left) Prime Minister of Belize H. E. The Hon. Said W. Musa; (middle) H. E. The Right Honorable Pakalitha Bethuel Mosisili; and (right) Prime Minister and Minister for Defense and Public Service of the Kingdom of Lesotho, H. E. Mr. Charles Gyude Bryant, Chairman of the National Transitional Government of Liberia. Credit: UN.

Page 14 The International Criminal Court MONITOR • November 2005 Upcoming Events

Seminar on the International Criminal Court, organized Transitional Justice Trainer’s Institute, The by the Bar Council of Rome (Transnational Criminal Law International Center for Transitional Justice (ICTJ) accepts Commission), in collaboration with Amnesty International applications from Francophone experts in human rights and – Italian Section and No Peace Without Justice, and sponsored democracy to attend a Transitional Justice Training in Brussels, by the Italian Ministry of Foreign Affairs. Belgium. This program is aimed at those who have training or

3-4 Nov Rome, Italy extensive experience in human rights or teaching and training For further information and registration, please contact: experience, regardless of whether they are college students, Fabio Galiani at [email protected] 5-11 Dec researchers, professors, trainers or staff members of NGOs. Brussels, Belgium Training on the ICC for Representatives of Sudan, organized 2005 For more information, please visit: by FIDH. www.ictj.org/downloads/BruxellesApp.doc The Hague, The Netherlands

For more information, contact Karine Bonneau at ECEMBER 7-11 Nov kbonneau@fidh.org D “The Emerging Trends in International Criminal Law and Ratification and Implementation of the ICC Statute in Jurisprudence”, organized by the Indian Society of International Bahrain, organized by Amnesty International Bahrain, CICC, Law (ISIL). New Delhi, India FIDH, and the Bahrain Bar Society. 10-11 Dec Manama, Bahrain For more information, contact Nasser H. Burdestani at 9-10 Nov [email protected] or Marie Camberlin at mcamberlin@fidh.org Fourth Session of the Assembly of States Parties - Resumed Nuremberg – The Birth of International Law, organized by 2005 (Election dates) the American Bar Association Section of International Law, co- 2006 New York, United States sponsored by Robert H. Jackson Center & Washington Foreign For more information, please visit: www.icc-cpi.int or contact

Law Society. 26-27 Jan

11 Nov Caroline Baudot at [email protected] ANUARY OVEMBER Washington, D.C., United States J N For more information, please visit: www.abanet.org/intlaw Council Meeting and General Assembly of the International Seminar: Transitional Justice and Peace, aimed at peace Criminal Bar (ICB) negotiators, UN officials, NGO leaders, engaged academics, The Hague, The Netherlands and other professionals involved in the complexities of peace- For additional information, please visit: www.bpi-icb.org making, high-level negotiations, and questions related to 25-27 Nov

2006 accountability for past atrocities or human rights abuse. Luis Advocacy Training for the International Criminal Court, Moreno-Ocampo, the Prosecutor of the ICC, and Alex Boraine, organized by the International Criminal Bar (www.bpi-icb.org) in the founder and Chairman of the Board of the International partnership with the National Association of Criminal Defense 17-26 Feb Center for Transitional Justice. EBRUARY

Lawyers (www.nacdl.org) and the International Criminal F Cape Town, South Africa Defense Attorneys Association (www.aiad-icdaa.org). For more information: The Hague, The Netherlands www.ictj.org/downloads/ictj.capetown.seminar.pdf 28-30 Nov Visit: www.bpi-icb.org for more information including registration information. “International Interdisciplinary Conference on Children’s Rights. An appraisal of the Children’s Rights Convention. Theory meets practice,” organized by the Belgian Fourth Session of the Assembly of States Parties Interdisciplinary Research Network on Children’s Rights. The Hague, The Netherlands 2006 Ghent, Belgium For more information, please visit: www.icc-cpi.int or contact AY More information is available at: www.law.ugent.be/pub/iuap/ 18-19 May 18-19 May Jo Barrett at [email protected] M c_welcome.html or www.law.ugent.be/pub/iuap/c_bienvenue.

28 Nov-3 Dec 28 Nov-3 html

For more information on ICC conferences and meetings, visit the CICC website at: http://www.iccnow.org/conferencesmeetings.html

MEXICO RATIFICATION , CONTINUED FROM PAGE 1

In a message of support sent as the treaty deposit was made, the current hurdles to reach its Rome Statute ratification and its treaty deposit represented President of the Assembly of States Parties to the Rome Statute of the ICC, more than five years of concentrated work. Commenting on this momentous His Royal Highness Prince Zeid Ra’ad Zeid Al-Hussein, the Permanent achievement and on what the future holds for Mexico, Maria Sirvent, Representative of Jordan to the UN, wrote: “I welcome very warmly the Coordinator of the Mexican Coalition for the International Criminal Court, deposit today by the Government of Mexico of its instrument of ratification; which represents over sixty Mexican non-governmental organizations (NGOs) an occasion sweetened further by the fact that it is the 100th accession. that support the ICC, said, “We have prevailed in a long and difficult struggle Mexico’s action is further proof of the wide appeal of the International to get to where we are today and we want to congratulate all the government Criminal Court and of our collective desire to ensure an end to impunity authorities who were involved in this process. We now urge the Mexican for those committing the most monstrous crimes known to humankind.” Senate to begin drafting comprehensive domestic legislation to ensure that The Assembly’s President-Elect, His Excellency Ambassador Bruno Stagno the ICC will be an effective complement to our national courts.” Ugarte, the Permanent Representative of Costa Rica to the UN, also issued The Court’s 100th ratification was hailed by many NGOs around the world a congratulatory message stating: “An important milestone has been reached as a testament to the remarkable strides made by the ICC and its supporters on the road to universality for the Rome Statute. As a Latin American, I am in its short history to date. CICC Convenor William Pace summed up many particularly pleased that Mexico, an important regional and global partner, of these feelings, stating, “Today’s ratification represents another remarkable has become the 100th State Party.” advance in the globalization of international justice. One hundred nations Mexico overcame a series of considerable political and constitutional today are building a bridge to a more peaceful 21st century.”

The International Criminal Court MONITOR • November 2005 Page 15 NGO States Parties and Signatories to the Rome Statute Coalition 100 Ratifications/Accessions and 139 Signatories as of 28 October 2005 States Ratification/ Iceland 25 May 2000 Venezuela 7 June 2000 for the Parties Accession(a) Ireland 11 April 2002 Serbia & Mont. 6 September 2001 Date Italy 26 July 1999 Zambia 13 November 2002 International Jordan 11 April 2002 Afghanistan 10 February 2003 Kenya 15 March 2005 Criminal Court Albania 31 January 2003 Latvia 28 June 2002 Signatories Signature Date Andorra 30 April 2001 Lesotho 6 September 2000 c/o WFM, Antigua & Barbuda 18 June 2001 Liberia 22 September 2004 Algeria 28 December 2000 708 3rd Ave, 24 Fl Argentina 8 February 2001 Liechtenstein 2 October 2001 Angola 7 October 1998 New York, NY 10017 USA Australia 1 July 2002 Lithuania 12 May 2003 Armenia 1 October 1999 Austria 28 December 2000 Luxembourg 8 September 2000 Bahamas 29 December 2000 Phone: + 1 212-687-2176 Barbados 10 December 2002 Macedonia, FYR 6 March 2002 Bahrain 11 December 2000 Fax: +1 212-599-1332 Belgium 28 June 2000 Mali 16 August 2000 Bangladesh 16 September 1999 Email: [email protected] Belize 5 April 2000 Malawi 19 September 2002 Cameroon 17 July 1998 Web Address: http://www.iccnow.org Benin 22 January 2002 Malta 29 November 2002 Cape Verde 28 December 2000 Bolivia 27 June 2002 Marshall Islands 7 December 2000 Chad 20 October 1999 Bosnia & Mauritius 5 March 2002 Chile 11 September 1998 Herzegovina 11 April 2002 Mexico 28 October 2005 Comoros 22 September 2000 Botswana 8 September 2000 Mongolia 11 April 2002 Cote d’Ivoire 30 November 1998 About the NGO Brazil 20 June 2002 Namibia 25 June 2002 Czech R. 13 April 1999 Bulgaria 11 April 2002 Nauru 12 November 2001 Egypt 26 December 2000 Coalition for the ICC Burkina Faso 16 April 2004 Netherlands 17 July 2001 Eritrea 7 October 1998 Burundi 21 September 2004 New Zealand 7 September 2000 Guinea-Bissau 12 September 2000 Cambodia 11 April 2002 Niger 11 April 2002 Haiti 26 February 1999 on-governmental organizations (NGOs) Central Af. R. 3 October 2001 Nigeria 27 September 2001 Iran 31 December 2000 have been involved at every stage in every Canada 7 July 2000 Norway 16 February 2000 Israel 31 December 2000 aspect of the international effort to ensure Colombia 5 August 2002 Panama 21 March 2002 Jamaica 8 September 2000 Nthe prompt establishment of a fair, effective and Congo (Braz.) 3 May 2004 Paraguay 14 May 2001 Kuwait 8 September 2000 Costa Rica 7 June 2001 Peru 10 November 2001 Kyrgyzstan 8 December 1998 independent Court. More than 95% of all NGOs Croatia 21 May 2001 Poland 12 November 2001 Madagascar 18 July 1998 involved in the ICC campaign carry out their work Cyprus 7 March 2002 Portugal 5 February 2002 Monaco 18 July 1998 under the umbrella of the NGO Coalition for the D.R.of Congo 11 April 2002 R.of Korea 13 November 2002 Morocco 8 September 2000 ICC. The Coalition currently has over 2,000 NGO Dominican R. 12 May 2005 Romania 11 April 2002 Mozambique 28 December 2000 members in over 150 countries, and supports their Denmark 21 June 2001 Samoa 16 September 2002 Oman 20 December 2000 5 November 2002 San Marino 13 May 1999 Philippines 28 December 2000 efforts through regional coordinators and liaisons Dominica(a) 12 February 2001 Senegal 2 February 1999 R.of Moldova 8 September 2000 based all over the world. The role of the NGO East Timor(a) 6 September 2002 Sierra Leone 15 September 2000 Russian Fed. 13 September 2000 Coalition is to represent, facilitate and coordinate Ecuador 5 February 2002 Slovakia 11 April 2002 Sao Tome et the work of its worldwide membership, while serving Estonia 30 January 2002 Slovenia 31 December 2001 Principe 28 December 2000 as the primary information resource on the ICC Fiji 29 November 1999 South Africa 27 November 2000 Seychelles 28 December 2000 Finland 29 December 2000 Spain 24 October 2000 Solomon Is. 3 December 1998 and a liaison between governments, International France 9 June 2000 St. Vincent & St. Lucia 27 August 1999 Criminal Court officials, international organizations, Gabon 20 September 2000 theGrenadines(a) 3 December 2002 Sudan 8 September 2000 academics and civil society members. Gambia 28 June 2002 Sweden 28 June 2001 Syria 29 November 2000 The multi-track approach of the Coalition Georgia 5 September 2003 Switzerland 12 October 2001 Thailand 2 October 2000 involves: raising awareness of the ICC and the Germany 11 December 2000 Tajikistan 5 May 2000 Ukraine 20 January 2000 Ghana 20 December 1999 Tanzania 20 August 2002 U.Arab E. 27 November 2000 Rome Statute at the national, regional and global Greece 15 May 2002 Trinidad & USA 31 December 2000 level; facilitating NGO involvement and capacity Guinea 14 July 2003 Tobago 6 April 1999 Uzbekistan 29 December 2000 building in the ICC process; promoting the universal Guyana 24 September 2004 Uganda 14 June 2002 Yemen 28 December 2000 acceptance and ratification of the Rome Statute, 1 July 2002 U. Kingdom 4 October 2001 17 July 1998 including the adoption of comprehensive national Hungary 30 November 2001 Uruguay 28 June 2002 implementing legislation; and expanding and strengthening the Coalition’s global network. To achieve these goals, some of our activities include: To Join the Coalition • Facilitating the exchange of documentation and information concerning the ICC (via our website he Coalition for the International Criminal the NGO Coalition for the ICC must agree to the and email groups) to foster discussion and debate Court welcomes new NGO members. following: (1) to support and protect the integrity on substantive issues. Our current membership base is a global of the Rome Statute of the ICC; (2) to be involved Tnetwork of over 2,000 NGOs representing every in ensuring the ICC will be fair, effective and • Providing legal advice and research to the International Criminal Court. region of the world, working on a diverse range of independent; (3) to make an active commitment to • Facilitating meetings between the Coalition and themes and issues. Membership is free, and ensures worldwide ratification of the Rome Statute of the representatives of governments, ICC officials, UN your remaining abreast of the ICC campaign. ICC; and (4) to make an active commitment to the officials, academics and others involved in the ICC Membership also offers access to the resources adoption of comprehensive national implementing process. within regional and national networks, ICC- legislation. To join the Coalition, or to receive • Convening sectoral caucuses (Women’s, Children’s, related meetings at the national or international more information in the future, please fill out the Faith, Peace, Universal Jurisdiction, and Victims’), level, proposed International Criminal Court form below and return it to the CICC Secretariat. national and regional networks, and issue working implementation legislation and more. You can also visit: http://www.iccnow.org/ groups. Organizations wishing to become members of gettinginvolved/becomeamember.html • Promoting awareness of the ICC at relevant public and professional international conferences, To Subscribe to the Email List To Contribute to the Coalition including meetings of the Assembly of States Parties and the elections of the Court’s officials. f you are interested in keeping abreast of f you are interested in making a tax- • Producing the ICC Monitor quarterly newspaper, day-to-day developments pertaining to the deductible contribution to the Coalition, ICC Update monthly bulletins, media advisories, ICC, you are invited to subscribe to the ICC please make the check payable to the CICC press releases and papers on various issues. emailI list. To subscribe, please send a blank andI send it to: • Facilitating the presence of Coalition members in email to: NGO Coalition for the ICC, c/o WFM, 708 3rd the Hague. [email protected] Ave, 24th Floor, New York, NY 10017, USA

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