Newsletter ASP 2-ENG.qxp:Newsletter E.qxd 12/17/09 5:36 PM Page 1

Assemblée

N des États Parties

Assembly of States Parties e ICC-ASP-NL-02.b/09-En w s l e

ASP Special Edition #2 Visit by the President of Chile

t Visit by the President of Chile and From left: two new States Parties Mr. Luis Moreno-Ocampo, Prosecutor, President Michelle Bachelet and t On 26 May, the President of Chile, H.E. Michelle Bachelet, visited Judge Sang-Hyun Song, President of the Court the Court, accompanied by a delegation of parliamentarians from

e both the governing coalition and the opposition, as well as with the President of the United Nations Committee against Torture, The 110 States Parties to Mr. Claudio Grossman, and the President of the Inter-American the Rome Statute Court of Human Rights, Ms. Cecilia Medina.

r President Bachelet affirmed that the ideal situation would be if no case at all existed to be taken to trial at the Court, as a token of its effectiveness and the reach of its discouraging effect.

N A few weeks later, Chile deposited its instrument of ratification with the Secretary-General of the United Nations.

o In July, the Czech Republic also deposited its instrument of

v ratification, thus bringing the number of States Parties to 110.

e continued on page 15 m Deposit of the instrument of ratification of the Czech Republic at the United Nations b From left: H.E. Mr. Christian Wenaweser, e President of the Assembly of States Parties,

r H.E. Mr. Martin Palouš, Permanent Representative of the Czech Republic to the United Nations, 2 H.E. Mr. Anders Lindén, Permanent Representative of Sweden 0 to the United Nations, Mr. Bill Pace, Convenor of the CICC, and 0 Ms. Annebeth Rosenboom,

9 Head of the United Nations Treaty Section. © UN Photo

Maanweg 174, 2516 AB The Hague, The Netherlands – Maanweg 174, 2516 AB La Haye, Pays-Bas www.icc-cpi.int/menus/ASP/ 1 Telephone – Téléphone +31(0)70 515 98 06 / Facsimile – Télécopie +31(0)70 515 83 76 Newsletter ASP 2-ENG.qxp:Newsletter E.qxd 12/17/09 5:36 PM Page 2

Bureau of the Assembly Review Conference agenda / Proposed amendments to the Rome Statute

Bureau of the Assembly Factsheet 2009: Number of meetings The Bureau submitted for consideration by the Assembly the following reports prepared by its two Working Groups. Bureau 18 Hague Working Group 27 The Hague Working Group The New York Working Group New York Working Group 9 Report on the independent oversight Report on the arrears of States Parties mechanism (ICC-ASP/8/2/Add.3); (ICC-ASP/8/41); Oversight Committee 20 Report on options for replenishing the Report on the Review Conference (ICC- Contingency Fund and Working Capital ASP/8/43 and Add.1); Fund (ICC-ASP/8/37); Report on equitable geographical Report on legal aid for victims’ legal representation and gender balance in the Review Conference agenda representation (ICC-ASP/8/38); recruitment of staff (ICC-ASP/8/47) Report on Legal Aid (Defence): Alternate At the Review Conference of the Rome Methods for the Assessment of Indigence The Bureau also conveyed the Report of the Statute, scheduled to begin on 31 May (ICC-ASP/8/39) Oversight Committee on the permanent ; 2010, States would consider some premises (ICC-ASP/8/34 and Add.1). Report on family visits for detainees mandatory issues and recommendations (ICC-ASP/8/42). arising from the Rome Statute and the Report on cooperation (ICC-ASP/8/44); Final Act of the 1998 Rome Diplomatic and Conference: Report on the strategic planning process of the International Criminal Court – Review of article 124 of the Statute; (ICC-ASP/8/46). – Crime of aggression (article 5, paragraph 2, of the Statute; resolution F of the Final Act);

In accordance with resolution E of the Final Act, the Conference would also consider the crimes of terrorism and drug crimes.

Furthermore, the Conference would consider other potential amendments to the Rome Statute, as well as undertake a

From left: Mr. Marcelo Böhlke (Brazil), facilitator for the Review Conference, stocktaking of international criminal H.E. Mr. Christian Wenaweser, President of the Assembly, justice. and Mr. Renan Villacis, Director of the Secretariat of the Assembly at the 12 October meeting of the New York Working Group

Proposed amendments to the Rome Statute

As at 30 September 2009, the following proposals were submitted for consideration by States Parties.

Belgium Mexico Amendment n°1: add in the list of the article 8, paragraph Amend article 8, paragraph 2 (b), to include the use or 2, e) the use of three sorts of weapons (poison and threat of use of nuclear weapons as a war crime empoisoned weapons, asphyxiating, poison or other gases and all analogous liquids, materials or devices and Netherlands bullets which expand or flatten easily in the human body) Amend article 5 to include of the crime of terrorism

Amendments n°2 and 3: add directly to the list of war Norway crimes in situations of international armed conflict and in situations of non international armed conflict the use of Amend article 103, paragraph 1, to establish a mechanism biological and chemical weapons, anti-personnel mines for a possible role for an international or regional and some weapons falling under the Convention on organization in the enforcement of sentences certain conventional weapons Trinidad and Tobago and Belize Amend article 5 to include the crime of international drug trafficking

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Seminar on International Criminal Inter-sessional meeting on the Crime of Aggression Justice

Inter-sessional meeting on the Crime of Aggression Seminar on International Criminal Justice An informal inter-sessional meeting on the Crime of Aggression was hosted by the Conditions for the exercise of jurisdiction Liechtenstein Institute on Self-Determination, Woodrow Wilson School, Princeton Th e non-paper on the conditions for the University, at the Princeton Club in New exercise of jurisdiction focused on York, from 8 to 10 June 2009. outstanding issues, in particular draft article On 19 May 2009, the New York Working 15 bis, paragraph 4, of the proposals for a Group of the Bureau held a seminar The meeting, chaired by H.R.H. Prince Zeid provision on aggression, which deal with the entitled “International Criminal Justice: Ra’ad Zeid Al-Hussein (Jordan) and open to possible roles of the United Nations Security The Role of the International Criminal all States and representatives of civil society, Council, the Pre-Trial Chamber of the Court, focused on the elements of the crime of the United Nations General Assembly or the Court”. The event was organized by the aggression and on the conditions for the International Court of Justice in triggering the Permanent Mission of Slovenia to the exercise of jurisdiction. jurisdiction of the Court. The issue of the United Nations and co-sponsored by the Permanent Missions of Guatemala, Japan, Kenya, New Zealand and Trinidad and Tobago. The seminar was aimed at engaging stakeholder organizations in a dialogue on the various aspects of international criminal justice by assessing its current stage, with a particular focus on the role, the mandate and the functioning of the Court. As envisioned by Mr. Marko Rakovec (Slovenia), the facilitator for the Plan of action of the Assembly, this event would constitute the first in a series of such seminars which could be organized in different regions and on various topics related to achieving universality and full implementation of From left: Mr. Wolfgang Danspeckgruber, Director of the Liechtenstein Institute on Self-Determination, H.E. Mr. Christian Wenaweser, President of the Assembly, H.R.H. Prince Zeid Ra'ad Zeid Al-Hussein, Chairperson, and Mr. the Rome Statute. Renan Villacis, Director of the Secretariat of the Assembly

entry into force procedure (article 121, Elements of crimes paragraph 4 or 5) is directly linked to this question. The non-paper on the elements of crimes had been prepared on the basis of the proposals The Chairman noted that the non-paper was for a provision on aggression, elaborated by based on the following underlying the Special Working Group on the Crime of assumptions, which derived from the past Aggression in February 2009. work of the Group: SASP Publications * The purpose of the Elements is to assist the Seminar on International Criminal Court in the interpretation and application of – All three existing trigger mechanisms Justice : The Role of the International the definitions of the crimes contained in the would apply to the crime of aggression; Criminal Court Rome Statute. The existing Elements, adopted – In the case of a Security Council referral, in September 2002, relate to article 6, 7, and 8 the Court could exercise jurisdiction over of the Statute, and would thus be amended to the crime of aggression irrespective of the also include the elements of the crime of consent of the State concerned; and Axxjrgq~ tk Syfyjx Pfwynjx yt ymj Rtrj Syfyzyj tk ymj Isyjwsfyntsfq Cwnrnsfq Ctzwy aggression.

– In case of a State referral or proprio motu Sjrnsfw ts Isyjwsfyntsfq Cwnrnsfq Jzxynhj: Tmj Rtqj tk ymj Isyjwsfyntsfq Cwnrnsfq Ctzwy The proposed draft elements, which are investigation, the territoriality or subject to further consideration by the nationality requirement of article 12, Assembly, adhere to the logic of article 30 of paragraph 2, of the Statute would apply. the Rome Statute by listing the material and mental elements the Prosecutor would have to prove in any given case. The material

elements can be categorized as conduct, 19 May 2009 United Nations Headquarters consequence or circumstance and are followed by the corresponding mental * Arabic, English, French and Spanish element of intent or knowledge.

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Committee on Budget and Finance

Committee on Budget and Finance Factsheet 2009: Contributions to budget by States Parties as at 1 November 2009 At its thirteenth session the Committee on Budget and Finance (the “Committee”) considered, inter alia, the Court’s proposed budget for 2010, the establishment of the independent oversight € 2,000,216 mechanism, legal aid for defence and for victims’ legal 2% representation, possible funding by the Court for family visits of indigent detainees, the level and replenishment of the contingency 41 States fund (currently at €10 million), as well as the establishment of a 37% liaison office in Addis Ababa. The Committee’s recommendations, 69 States contained in document ICC-ASP/8/15 and its addendum, if adopted € 94,569,094 by the Assembly would result in savings of approximately €298,000 63% 98% or a 0.3 per cent reduction of the budget proposal submitted by the Court. Fully paid contributions Amount paid Outstanding contributions Amount outstanding Budget by Major Programme

Unit = 1,000 euro 0 1750017500 35000 5250052500 7070000000

Unit = 1,000 eurroo MP- I 0 27500 55000 82500 110000 MP- II ICC expenditure total 2008 € 83,712 MP- III ASP approved budget 2009 MP- IV €101,230 ICC propose d bud get 2010 MP- VI €102,9 CBF proposed budget 2010 80 MP- VII €102,682 Expenditure 2008 Approved budget 2009 Proposed budget 2010 CBF Proposal 2010 Total programme budget

Major Programmes Expenditure 2008 ASP approved 2009 ICC proposed 2010 CBF proposed 2010 (Unit = 1,000 euro)

MP- I - Judiciary 9,573.9 10,332.1 10,501.1 10,462.7 MP- II - Office of the Prosecutor 21,263.9 25,528.9 27,087.6 26,828.3 Note : This table does not include: MP- III - Registry 48,804.6 60,222.7 60,222.6 59,467.8 - Oversight mechanism ( € 393.6) MP- IV - Secretariat of the ASP 3,006.7 3,342.8 3,150.2 4,121.1 - Working capital fund ( € 7,406.0) MP- VI - Secretariat of the TFV 979.1 1,301.4 1,432.3 1,217.5 MP-IV - CBF proposed 2010 MP- VII - PO Permanent Premises 83.8 502.0 586.3 584.2 includes: - Review Conference budget TOTAL 83,712.0 101,229.9 102,980.1 102,681.6 ( € 1,100.0)

CBF members

From left : Mr. David Banyanka (Burundi) Mr. Juhani Lemmik (Estonia) Mr. Fawzi Gharaibeh (Jordan) Mr. Gilles Finkelstein (France) Ms. Carolina María Fernández Opazo (Mexico) Ms. Elena Sopková (Slovakia) Mr. Shinichi Iida (Japan) Mr. Santiago Wins (Uruguay) Mr. Masud Husain (Canada) Ms. Rossette Nyirinkindi Katungye (Uganda) Mr. Ugo Sessi (Italy) and Mr. Gerd Saupe (Germany)

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Interview with Vice-President Zachary D. Muburi-Muita

Interview with Vice-President Zachary D. Muburi-Muita

You are right. Africa is not in opposition for constant organization hand-in-hand with the to the rule of law and in fact African States are President of the Assembly and the Bureau to take strong supporters of the rule of law and non- decisions to promote the objectives of the Court. States parties joining the Statute will merely project this positive image. The Court follows Would you like to share some thoughts on the progress established legal norms as we know in our made in the New York Working Group regarding the national jurisdictions. It is only complementary, preparations for the Review Conference? which means that its jurisdiction is invoked only when national courts are unable or for some Article 5 of the Statute has already reason, unwilling to prosecute crimes that fall included the crime of aggression in the Statute under its jurisdiction. and what remains is the definition of the crime and the conditions for the exercise of jurisdiction. There are clear misperceptions in certain areas of the Ambassador Zachary D. Muburi-Muita. Vice- international community regarding the Court and there The Special Working Group on the Crime of are even rumours of possible withdrawals from the Rome Aggression, chaired by the President of the President of the Assembly of States Parties, Statute by certain African States in response to the Assembly, ended its mandate in February 2009. In Coordinator of the New York Working Group of Court’s issuance of an arrest warrant for a sitting Head June, an inter-sessional meeting was convened to the Bureau and Permanent Representative of of State. As Vice-President, have you been able to allay continue the work in this respect, under the Kenya to the United Nations. some of these concerns? chairmanship of Prince Zeid of Jordan, who would now chair the negotiations on the crime of You were designated Vice-President of the Assembly in Most of what you hear is propaganda aggression. Further progress was made and it is November 2008. Has this responsibility changed your and is blown out of proportion by the media. The becoming clearer and clearer that the crime of perspective of the role to be played by the Assembly? issue of the arrest warrant of an African Head of aggression will be defined and will be included in State has mostly been blown out of proportion. the Statute, which will increase the work of the Yes indeed. My perspective of the role to The three situations before the Court are self- Court, as I have been saying. be played by the Assembly of States Parties to the referrals by the States concerned. The fourth case Rome Statute as originally seen from an outsider’s was referred to the Court by the United Nations Some States Parties have also made proposals for lens is not as it is now. Speaking from the inside, the Security Council in accordance with the United revision of the Statute and, in some cases, Assembly has a much bigger role to play now Nations Charter and the Rome Statute. There is additions to the Statute. These are being taken up considering that the Court is fully operational. nothing arbitrary in this connection. No State was in the New York Working Group under the forced to bring matters before the Court. facilitation of two Bureau members, Mr. Marcelo Does the fact that you were also Ambassador to The Böhlke (Brazil) and Ms. Angela Nworgu Netherlands a few years ago have a bearing in your African States understand these issues, they know (Nigeria). The proposals will be considered at the current functions at the United Nations, particularly as the law and abide by it. Many countries in Africa eighth session of the Assembly in The Hague in regards the role played by international law? are taking measures to cooperate with the Court November 2009. Depending on the decision of the in various ways. So many things are happening in Assembly, the proposals might be adopted at the The Hague is the legal capital of the Africa regarding the Court. The obligations of Review Conference in Uganda in 2010. world. It was a good experience for me, especially States under the Statute are essentially individual. with regard to legal issues and it awakened my States did not take a collective decision to join the As the Permanent Representative of Kenya, you have the interest in legal matters, therefore when the Court, and as to how to discharge their opportunity to interact with numerous colleagues, opportunity arose it was a welcome development, obligations, this is an individual decision. including those on the Security Council. How have you and I was happy to play a role, no matter how been able to bring to bear your influence, especially in the small, to advance international criminal justice. As Coordinator of the New York Working Group of the current political circumstances facing the Court? Bureau, what are your plans for the following 12 months? What do you see as the most crucial issues facing the This is not a very easy question, but I Court at the moment? a) To continue galvanizing support for the Court; will try to say something. I do interact with b) To pursue and achieve the establishment of an members of the United Nations Security Council The Court has come a long way from its ICC-AU liaison office to strengthen on several fronts. I am also aware that some of the inception to date. It is doing its work well. It has understanding and cooperation between the challenges facing the Court may have a bearing to entered the most important phase of its evolution two institutions. This is very important to the Council in one way or another. Such matters and it should be supported with all the resources narrow the perception gap about the activities are solely within purview of the Council to and cooperation of States. It is unfortunate that of the Court; and decide, no matter the amount of pressure that there has been misunderstanding of the Court c) To coordinate with the President, my co-Vice- may be exerted. My desire however is to see the from certain quarters that it is targeting certain President, and the Bureau to organize well for Court not being dragged into politics. regions. This is not really the case and the the forthcoming Review Conference. misperception is unfounded. The good news is What are your expectations for the Court in the coming that States continue to have faith in the Court. It is What are the most rewarding and the most challenging years? a permanent court and States are encouraged to aspects of your role? cooperate with it. Chile just became a State Party. I I will be happy in future to sit back and encourage States to domesticate the Rome Statute My role as Vice-President of the watch how the Court would have contributed to to reduce the burden on the Court and empower it Assembly is humbling in the sense that I have been efforts towards transforming the world into a more to rid the world of impunity. given the opportunity to be part of the process of just and peaceful environment where human rights fighting impunity worldwide and strengthening and the rule of law are upheld. I expect the African States have made an important contribution to the rule of law across the globe. This role is also a deterrent effect of the permanent International the development of the Rome Statute. How would you challenge because it is a big shoe and requires Criminal Court set up by the international encourage States from the region who are hesitant to constant effort to sustain the momentum, in view community to put an end to impunity. become States Parties? of the continued growth of the Court and the need

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Interview with the Head of the New York Liaison Office, Ms. Karen Mosoti

Interview with the Head of the New York It entails providing support to all the organs of the Court including the ASP and hence requires Liaison Office, Ms. Karen Mosoti constant liaison with these organs. In addition, the subjects; and relaying requests from the Court to office has to establish and maintain links with the the UN and vice-versa and making the necessary UN Secretariat, its agencies, intergovernmental follow-up to ensure implementation. organizations and NGOs accredited to the UN; as well as with Permanent Missions to the UN. The Can you tell us about the occasions when you also office has only two staff members- the Head of the provide support to the Court outside of New York? office and an administrative assistant. While the administrative assistant provides invaluable As a member of the external support on administrative and logistical matters, all communications group of the Court, and an ad the substantive issues including direct contacts with hoc member of the Africa strategy group, I interlocutors have to be covered by the Head of the participate in the Court’s external relations office. The multiplicity of meetings and reports in Can you give us an overview of the work of the office activities. In this respect I work closely with the different organs of the UN, and the large and its achievements? colleagues in The Hague and contribute to number of Missions and organizations accredited to developing and implementing policies and the UN makes it a Herculean task for the Head of The New York Liaison Office (NYLO) strategies to strengthen cooperation between the the office to monitor all relevant developments and was established by the Assembly of States Parties Court and States. In relation to Africa, I have the report to the Court, while at the same time respond, at its fourth session, on the basis of an option advantage of being stationed in New York where in a timely manner, to all requests from the various paper prepared by the Bureau of the Assembly. virtually all African States are represented organs of the Court and service the Bureau and its The office started operations in September 2006 through their Missions to the UN and I have NYWG. and I was appointed to head the office in October seized the opportunity to cultivate close working 2007. relations with African diplomats in New York on In addition to the administrative challenges, the issues relating to the Court and can therefore political environment at the UN is very The New York Liaison Office was established to provide the Court with some early insights on the challenging. In recent times, the debate on peace provide support to the Court’s investigations, field prevailing thinking amongst States in New York. and justice has brought to fore a school of thought operations and general functions through This year, I have on two occasions joined the that is very critical of the role of the Court, facilitating interaction between the Court and the Court’s missions to the African Union meetings in especially in situations where peace negotiations Secretariat of the Assembly of States Parties on the Addis Ababa to encourage support for the are underway as in the case of Uganda and one hand and the United Nations and its agencies Court’s work and to explore the possibility of Darfur. Some of the criticism is based on on the other. It was also intended to assist in the establishing a liaison office in Addis Ababa. In misperceptions, while some of it is deliberately successful implementation of the 2004 Relationship addition, I do participate in ASP sessions in The intended to mislead (take for instance the public Agreement between the International Criminal Hague and provide support as requested by the assertions that the Court is only targeting Africa). Court and the United Nations and to ensure the Court. I also look forward to participating in the Faced with this political atmosphere, the office requisite operational cooperation between the two Review Conference in Kampala next year. has to constantly reach out and explain to institutions. interlocutors the role of the Court as an How has the 2004 Relationship Agreement facilitated independent and impartial judicial institution; In practical terms the activities of the office interaction with the United Nations? and dispel some of the myths about the Court. include but are not limited to: Facilitating the exchange of information between the Court and The drafters of the Rome Statute Has your previous experience as a Kenyan delegate to the UN Secretariat by relaying relevant realized early on that while the Court needed to the United Nations facilitated your task? information from the UN to the Court and vice- maintain its judicial independence from the versa; promoting awareness of the Court to non- political workings of the UN, a close relationship Definitely yes. Before joining the ICC, I States parties through informal interactions with with the UN was necessary for the success of the served as legal adviser to the Kenyan Mission to the representatives from Permanent Missions of Court; hence the inclusion of article 2 in the Rome UN in New York for four years. This experience has those States; providing practical administrative, Statute which mandated the Court to negotiate proved extremely useful in my work at the liaison logistical and operational support for the and sign a relationship agreement with the UN in office as it gave me an excellent understanding of activities of the Court by organizing and October 2004. the UN system and its working methods. facilitating visits and meetings between Court Moreover, it enabled me to build a network of officials and UN officials and representatives The agreement lays down a broad framework of contacts both within the UN Secretariat and from Permanent Missions in New York; cooperation between the Court and the UN. It amongst Government delegates, whom I often rely providing logistical support and servicing enables me and other representatives of the Court on in carrying out my current responsibilities. meetings of the ASP and its subsidiary bodies to participate in UN meetings both in the General based in New York – the Bureau and the New Assembly and the Security Council, as observer, Although the office reports directly to the Presidency of York Working Group; monitoring discussions at and to brief the UN on developments within the the Court, it also supports the Office of the Prosecutor, relevant UN meetings including the Security Court. It also facilitates smooth interaction between the Registry and the Assembly of States Parties’ Bureau Council, the various Committees of the General Court and UN officials for purposes of information and the New York Working Group. On an annual basis, Assembly, as well as other informal meetings and exchange and to explore ways of strengthening what percentage of time does the office allocate among discussions on justice and ICC related topics and cooperation between the two institutions. Most these users? providing regular analysis to the Court; importantly, it provides a legal basis for the disseminating relevant information to the UN interaction and exchange of information between Are you trying to get me to play and Permanent Missions in New York to keep the two institutions and thereby guards against any favourites?... I will not fall into that trap! them abreast of developments in the Court; criticism from detractors of the Court who would providing input (upon consultation with the otherwise put the UN to task for sharing In accordance with the resolution establishing the various organs of the Court) on ICC related issues information with the Court. office, administratively the office falls under the at UN meetings for instance providing language Presidency, but it serves all the organs of the for inclusion in resolutions on ICC related issues What are the main challenges faced by the office? Court and the Secretariat of the Assembly. On and providing input to UN departments for the substantive matters the office takes instructions preparation of reports/statements on ICC related The mandate of the NYLO is very broad. from and reports directly to the instructing organ or the ASP, as the case may be, while taking

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Interview with the Chair of the Board of Directors of Trust Fund for Victims, Mme. Simone Veil

measures to respect the independence between the organs of the Court and to safeguard the confidentiality of each organ. In essence, the staff Interview with the Chair of the Board of Directors of of the New York office wear four hats and we have the unenviable delicate task of shuffling Trust Fund for Victims, Mme. Simone Veil between the different hats, that is, the Presidency, The Executive Director has the Prosecution, the Registry, and the ASP or managed to obtain grants from almost 30 sometimes having to wear all four hats different countries and has carried out a lot of simultaneously! work in the field, by raising awareness about the existence of the Fund and by financing In terms of the substantive work, I do not allocate programmes to help victims of war, in a specific amount of time for the work of each particular for instance in the Democratic organ or the ASP. I deal with requests from each Republic of the Congo and in Uganda. To organ as they come – the work load for each organ fluctuates over the year, with intermittent date, the activities of the Fund have enabled heavy and light periods. I try as much as possible many victims to become part of society again. not to give preference to any particular organ or the ASP as the work of each organ is equally As a result of the partnerships established by important. However, in situations of overlap, I the Fund, several organizations have joined have to sometimes request some of the organs or us to contribute their support, expertise and the ASP to make alternative arrangements to more, enabling the physical, psychological, handle their matters, and this can be done by financial and social rehabilitation of the sending officers from The Hague to cover some of victims. the issues in New York. Nonetheless, in most cases I try to deal with all the issues, but of course Letters sent to the embassies of States Parties this also means that there could be some delays in to collect funds have been well received, responding to requests from some organs. Elected Chair of the Board of Directors especially the one for the Central African Republic in 2008. The Fund has thus been able How do you see the New York Office evolving in the of the Trust Fund for two three-year to help one million victims, mainly of sexual future? terms, previously having served in the French government and the European violence (providing inter alia financial, psychological and medical assistance). A In view of the complementary nature Parliament. of the work of the UN to that of the Court, I see large programme has been established to help victims of rape. The work of the Fund consists the NYLO as a critical player in maintaining a As a member of the board of Directors since its in giving back to victims some sense of continuous cooperative relationship between the establishment six years ago, what would you dignity and courage to rebuild a normal life Court on the one hand and the UN Secretariat, its consider the main achievements of the Trust Fund? agencies and the UN Member States represented within their family and community. at the UN, on the other hand. During the first few years, the The aid programmes of the Fund work with mission of the Board members mainly The strategic location of the office also provides the survivors of communities which have consisted in seeing to it that the Regulations an opportunity for the Court to have a presence suffered war, in order to help them rebuild of the Trust Fund were adopted, and in within the United States and to interact with their lives in their country. other intergovernmental, non-governmental, defining how it would work, who its beneficiaries would be, States Parties etc. To academic and civil society organizations engaged All in all, the Fund has collected over do so, the Board chose to be assisted in its in rule of law and justice issues of relevance to the €3million for victim assistance and Court, within the United States, and particularly work by a Secretariat, headed by an Executive rehabilitation. in New York. Director. The latter would report to the Board on Fund activities and to the Registrar of the The achievements of these first two years However, the current staff set-up of the office Court on administrative and personnel have been, in my opinion, positive and does not allow for maximum utilization of the matters. Court’s strategic location in New York. With the encouraging. current set up of one professional and one During my entire mandate as Chair of the What key challenges will the new Board to be administrative staff, all the substantive work of Fund, the Registrar’s opinion on the daily the office, save for practical administrative and elected in November face? business of the Fund has been extremely logistical work is performed by the Head of the helpful to me. Relations based on trust Office; and this greatly limits the number of In 2002, the Board members were between the Registrar of the Court and the activities the office can undertake. Perhaps the elected because they were symbolic Board of Directors are an additional asset to ASP can in future consider establishing an personalities in their respective countries. enable the Fund to operate smoothly. additional professional post to assist the Head of Regrettably, however, we were very busy in the office in implementing the its broad mandate. our own countries with various activities, and For the past two years, Board members have This would enable the Head of the office to not very available; there was also the age been less involved in the operations of the delegate some of the more routine substantive factor and geographical distance. functions such as preparing background Fund. Operations and activities carried out in documentation, taking notes and preparing countries at war have been decided and Having chaired the Board of Directors of the reports for meetings; and invest more time into managed by the Executive Director of the Trust Fund for Victims for six years, I believe meeting with key interlocutors in the various Secretariat; we were merely informed thereof that the personalities of the Board should be organizations accredited to the UN and NGOs and were therefore less involved. and engage in and organize high level events more representative of the diversity of States Parties and be more available. I believe that aimed at promoting a better understanding for Could you highlight some of the main projects the needs of the Fund have changed, and that the work of the Court. implemented by the Trust Fund? the Board of Directors must also consist of

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List of 2010 United Nations Security Council members that are States Parties

dynamic persons, who are prepared to travel, to go to the very sites where the activities are carried out, and to take stock at first hand of the impact such activities have on the people concerned.

Without prejudice to their independence, it would also be desirable for Board members to be able to meet Court representatives, to Backrow from the left: facilitate the activities of both institutions and Mr. Bulgaa Altangerel, to enable the Trust Fund for Victims to Archbishop Emeritus function smoothly. Desmond Tutu, Madame Simone Veil and Mr. Tadeusz In addition, I believe that it is important for Mazowiecki the new elected members to be truly Frontrow: experienced in international politics and in Mr. Arthur Robinson the operations of large organisations such as the ICC. countries concerned, companies and It is essential in the field, that is in the Given that most of the voluntary contributions to individuals could be more inclined to make countries at war, for this distinction to be very the Trust Fund have been made by Governments, donations to the Fund. clear in the minds of the populations of what needs to be done in order to increase the victims. The Fund is there to rescue, help, funding from alternative sources, such s Do you see scope for an enhanced direct interaction reconstruct, not to judge or condemn. international organizations, individuals, between the Board and the Assembly, which corporations and other entities? currently seems to be limited to the annual report of The current existing link between the Board the Board? and the Court is through the Registrar, whose The fact that the Fund is financed by role is essential for good relations between States Parties has the advantage of giving it a Certainly, it is important for the new these two organs and for the smooth degree of financial security, as income does members of the Board not to feel “isolated” functioning of the Fund. In my opinion the not depend on external factors. from the organization in The Hague. They current situation with regard to direct must regularly meet with Court exchanges with the Assembly of States With regard to increasing funds from other representatives, without this affecting their Parties, the main administrator and donors, an idea would be to find a person independence. legislative body of the Court, is well balanced. who has sufficient standing at the international level to be able to appeal for This is the essential issue, because the How often does the Board exchange views with the public funds during highly focused particular nature of the Fund is that it is an Court? promotional campaigns, such as those independent body within the ICC, a criminal already held by large international NGOs court which can only receive referrals by The Board met with the Court on with famous actors or personalities. States Parties and which only has jurisdiction several occasions during the first years, when, for crimes committed after the entry into force together with the assistance of the Assembly Another option would be tax-exempt of the Rome Statute in 2002. of States Parties, it was establishing the donations. In France, for instance, taxpayers regulations of the Fund. have the option, whether as individuals or The mission of the Fund, on the other hand, is businesses, to declare donations to to defend and help the most vulnerable At present there are very few meetings. humanitarian associations or organizations, victims of crimes within the jurisdiction of the the amount of which is deducted from their ICC; countries must for this purpose fully taxes. If such an option were to exist in all the participate in the judicial proceedings.

List of 2010 United Nations Security Council members that are States Parties

- Austria - Mexico - Bosnia and Herzegovina - Nigeria - Brazil - Uganda - France - United Kingdom of - Gabon Great Britain and - Japan Northern Ireland Archbishop Emeritus Desmond Tutu and Madame Simone Veil

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Interview with Judge Sang-Hyun Song, President of the International Criminal Court

Interview with Judge Sang-Hyun Song, President of the International Criminal Court the OTP, to ensure a caring environment for What are your plans for the three years of your term our staff. We have tremendously skilled staff as President and the main achievements you expect across the Court who came here out of deep to constitute your legacy, both externally and dedication to its mandate. We must create a internally? positive atmosphere for them, not just because it’s efficient – a happy staff is a Externally during my term as motivated staff – but also because it’s the right President, I am focused on encouraging a thing to do. broadening and deepening of the Rome Statute system. The system of international Six months into your Presidency, what are the most criminal justice comprises numerous actors rewarding and the most challenging aspects of your with widely diverging, sometimes conflicting, office? mandates. Even acting at the best of its ability, the ICC will have a limited role. Too many It has been a privilege to come to violent atrocities fall outside the jurisdiction work each day and interact with staff of high of the ICC. In any case, the Court will only calibre across the Court. They have come from Elected President of the Court by the have the resources to focus on the most all over the world in pursuit of a common plenary of judges on 11 March 2009, serious cases within its jurisdiction. Although mission. I take inspiration from their after having served six years in the limited, the Court can fulfil essential functions dedication. Likewise, I have been honoured to Appeals Division. as a court of last resort; in some situations it collaborate with members of the diplomatic can serve as an incentive for credible domestic and NGO communities who are deeply What do you see as the most crucial issues facing investigations and prosecutions; and it can engaged with the Court and committed to the Court in short and medium term? serve as a model of fairly administered justice. effective implementation of the Rome Statute.

This is still a very young institution. I see three main needs in developing a greater Of course there are many challenges, but one Many questions of law are arising from the reach for global accountability in reaction to stands out. My predecessor, Philippe Kirsch, judicial proceedings that require first legal war crimes, crimes against humanity and long said that ignorance was this Court’s interpretations of various aspects of the Rome genocide, whether at the ICC or in other greatest enemy. After six months as President, Statute. The judges are under tremendous jurisdictions. First, the Rome Statute system I can absolutely confirm this to be true. Where pressure to get things right. I can tell you that in can broaden through the addition of new the Court’s mandate is not well understood, the Appeals Division, where I sit, this pressure States Parties. This will not only extend the disappointment, fear and even anger can is keenly felt. Once we deliver a judgement, geographical reach of the Statute, but further result. In particular, where the principle of that’s the law. The pace of judicial proceedings enhance perceptions of its legitimacy. Second, complementarity is not understood, the Court is also picking up, and soon the Court will the Rome Statute system can strengthen can be miscast as a threat to national conduct parallel trials for the first time. through enhanced cooperation. Cooperation sovereignty. I have seen that when the should come to be regarded as routine, not an mandate is explained, political criticism can Apart from the judicial proceedings, over the exercise of extraordinary political will. This dissipate. Disseminating accurate information short and medium term, the Court continues to applies to States Parties and also States not yet about the Court and its activities must remain be challenged by widespread lack of party. The ICC does not have the tools to an important focus for us, and I hope for States knowledge of its mandate and functioning. enforce its own decisions. It is up to the States Parties too. This can lead to opposition to the ICC that is who created it and its other supporters to based on misperceptions. We are a judicial ensure that they are enforced. And finally, the How do you expect to increase your interaction with institution operating in a political world, and Rome Statute system can deepen by staff and listen to their concerns? these misperceptions can be exploited by those enhancing the capacity of national who may seek to undermine the Court. We jurisdictions. States have the primary From the beginning I have been must do everything we can to ensure that basic responsibility to investigate and prosecute committed to interacting with staff. I facts about the Court are understood. However crimes. The Court can play an important but addressed all staff to introduce the new we have very limited resources to do this, and limited role as a catalyst, and the bulk of the Presidency shortly after taking office, and rely on States Parties, NGOs, and other partners work of developing national capacities will again in July to mark International Justice to help us inform policy-makers and the public therefore fall to States, NGOs and multilateral Day. It has been a pleasure also to speak at at large about our mission and our work. organizations. staff inductions to welcome our newest colleagues. Recently, the Coordination In various other aspects of cooperation, too, the Internally, I am focused on fulfilment of Council invited the Staff Council to make a Court must rely on States. We rely on States in important aspects of the Court’s Strategic plan presentation, and I look forward to enhanced such areas as arrest and transfer of suspects, – namely, ensuring that the ICC is a model of interaction with staff through their elected witness relocation, enforcement of sentences, public administration. Bearing responsibility representatives in the future. But staff can also and adopting implementing legislation to make for the Court’s overall proper administration, approach me directly. I maintain an open- various forms of cooperation possible in the apart from the Office of the Prosecutor (OTP), door policy. Any staff member should feel free first place. Securing cooperation in these areas I am supporting the Registrar’s efforts to to speak with me in the cafeteria or hallways, is a great challenge for the Court over the short identify efficiencies in administration. At the or make an appointment to come see me in and medium term. same time, we are working together, and with my office.

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There is some criticism resulting from comparisons between the time for trials to get started and concluded in other tribunals and the cases before the Court. How would the Court respond to those views?

We are still in the early days, and comparisons are premature. There is a broad commitment to efficiency. The Appeals Division in which I sit, for example, is dedicated to prioritizing those interlocutory From left: Mrs. Magda Marešová and H.E. Mr. Petr Mareš, Ambassador of the Czech Republic appeals on which a continuation of trial or to the Netherlands, President Sang-Hyun Song, and H.E. Mr. Jorge Lomónaco, Vice-President of the Assembly pre-trial proceedings depend. We are also at the welcoming ceremony turning around appeals on a timely basis. instances speed can otherwise conflict with Are video/telephone conferences held to It should also be noted that the ICC is quite fairness. Then judges have a solemn duty to communicate with judges that may not be in The different from its predecessors in important err on the side of the latter. Hague? ways. The Court has a prospective and not a retroactive mandate. This meant that upon What is the status of the Court Capacity Model The ICC is a criminal court and beginning of operations, it was dealing with (CCM), which the Court began to develop in 2004 sometimes important judicial decisions have very current situations. Alleged crimes that in order to assist it in planning its proceedings? to be taken within hours. Generally speaking, had just recently been committed – all after 1 the judges of the Court are always contactable, July 2002 – needed to be investigated, and the The Court is using the model in its even when on leave, in order to react quickly Prosecutor’s investigations were taking place planning, but the model will need to be to unforeseen and urgent developments. during active conflicts. At our sister tribunals, adjusted as experience is gained through the Information technology may be an important with the partial exception of the ICTY, most conduct of trials. As I’ve mentioned, the tool in this respect. I can certainly confirm this investigative work has been conducted in Court has not yet completed a full judicial to be the case for the Appeals Division. The more stable post-conflict environments. cycle. Once a few trials are completed, much President of the Court is an ex officio member more accurate data will feed into the model, of the Appeals Division, but in fulfilling As the world’s first permanent international making this a much more useful planning important external relations duties as criminal court, the ICC faces unique tool. President, also must travel frequently. In the challenges. We are not focused on a single past and current Presidencies, there have been conflict or region, but must address several at As at the end of September, have all 16 judges been numerous telephone conferences to ensure once. The diversity of situations before the called to serve at the seat of the Court? that even in the absence of the President or Court creates a diversity of challenges in other colleagues, appellate deliberations can many areas, including language use in the Yes, and in fact there are now 17 stay on track. courtroom and the logistics of witness judges including Judge Blattmann, who will protection and transport. Unlike the ICTR, remain for the duration of the Lubanga trial Are there forums where the Court’s judges may ICTY or the Special Court for Sierra Leone, although his term otherwise would have exchange views with prior judges or colleagues from the Rome Statute also provides for victim expired earlier this year. We eagerly await the other tribunals? participation in the proceedings. This arrival of two new colleagues following the innovation creates challenges of a legal and forthcoming election. There are periodic meetings of the logistical nature that the Court has had to Judicial Club of The Hague, which allow work through over the course of its first How do the judges interact among themselves? judges from the ICC, the International Court judicial proceedings. of Justice, the ICTY, and the Dutch Supreme The judges work extraordinarily Court to exchange views and share Is the Court considering means of expediting the hard to fulfil the mandate with which they experiences. This forum rotates among the length of its proceedings and is there a mechanism have been entrusted. Upon taking up their tribunals. There are also many opportunities for their periodic assessment? mandate, of course every judge first interacts to meet informally around The Hague, at with new colleagues on a professional basis. lectures, book signings and other events, We are not yet through our first But even at this stage, they already share a where ideas can also be exchanged. judicial cycle, but already the Court is making deep dedication to this Court and its mission. adjustments in order to streamline Over time they develop much stronger proceedings. For example, the Registry, professional and personal bonds. I think I can Election of judges responding to a decision by Chambers, has speak for all of the judges when I say that facilitated victims participating in the trials to working with colleagues from diverse You recently asked the Bureau to expedite the have group rather than individual national and legal backgrounds is mutually election to fill judicial vacancies in order to ease the representation. There are constant discussions stimulating and simply fascinating. Apart workload of the current bench. Since 2007, five about judicial efficiency and there is a strong from the usual one-three plenary sessions judicial vacancies occurred, one the result of an commitment to the Strategic plan’s most each year, judges also have informal meetings untimely passing away of a judge. Does the Court important objective: conducting fair and to exchange views. Each member of the have any suggestion for consideration by the expeditious trials. I can assure you that the Presidency belongs to one of the three Assembly in order to diminish the occurrence of judges are committed to conducting divisions, and this helps to facilitate such vacancies and, when necessary, to expedite expeditious trials, foremost because this is a interaction with the divisions and all judges filling them? core right of the accused. But in some between meetings.

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Ultimately, of course, this is a matter The Coordination Council, consisting meaning. The Public Information and for the Assembly alone to decide. For the of the President, Prosecutor and Registrar, Documentation Section (PIDS) of the Registry is Court it is important that new judges be meets once a month in sessions attended by the in charge of outreach. Working through field available to serve immediately upon being Secretariat of the ASP to discuss such matters offices and staff in The Hague, PIDS maintains sworn in. Yet those elected are professionals of of mutual interest as staffing, the budget, and two-way communication with affected the highest calibre who understandably have the strategic plan. Various staff members societies. I am always willing to assist in any many commitments at the time of their attend to address issues within their expertise way possible. For example, recently I answered election. One way to address this challenge that are under current discussion. It is a useful questions on video posed by participants in an could be simply to move forward the body for the exchange of information and outreach event in the DRC. The video with my elections. This would leave more time for coordination of actions in many areas. Of answers, part of the outreach programme’s those elected to wrap-up all of their course, the organs may differ on specific issues. “Ask the Court” series, was then later screened outstanding professional commitments before This is inherent in the Court’s governing in those same communities. being sworn in, and make it much more likely structure, and is an inevitable consequence of that they could take up their duties at the ICC the independence of the judiciary and that of The term “outreach” is sometimes understood immediately. the Prosecutor. The Coordination Council itself in a broader sense to describe all interactions by identified this risk in 2006 as something to be Court officials to increase understanding of the Another potential idea that States may wish to aware of and to address. At the outset, some ICC’s mandate and activities. In this sense, the consider would be to develop a roster of argued that the OTP should have an entirely Presidency has been very engaged. Vice elected judges beyond those needed for separate administration precisely to avoid Presidents Diarra, Kaul and I have travelled to immediate openings. If feasible, this would conflicts. However, in the interests of efficiency, many countries, meeting with senior officials, mean that as unexpected vacancies occur, it was deemed that the OTP should rely on speaking at events, and giving media offers could be made to judges at the top of common services from the Registry. This interviews. However, the Presidency receives the roster without need for holding a new requires close coordination, and frank open more invitations than can be accommodated. election. This would save States the communication. Roles and mandates are not Some of these are passed to other judges, who substantial cost of holding unscheduled always clear, but operationally the different then can represent the Court when their judicial elections. It would also help the Court to organs work well together in practice. Our role schedules allow. The language of a country or minimize the judicial inefficiencies that arise as the Coordination Council is to ensure the specific event may dictate which judge is asked when there are extended vacancies. framework is in place and well-enough to attend. understood for our staff to go about their Bearing in mind that the Rome Statute foresees a business. The CBF has requested a report from What are the key outcomes of the trip to Africa you nine-year term of office for judges, is there scope for the Presidency on efforts to achieve clarity on undertook earlier this year? possible age limits, as in the case of the European the responsibilities of the organs and a Court of Human Rights and some national systems? common understanding between them. I will In June I travelled to the United continue efforts in this area and report in April. Republic of Tanzania, South Africa, Lesotho Regardless of age, it is crucial that and Botswana. In the United Republic of those elected are fit to serve in a job that Tanzania, Lesotho and Botswana I had comes with a heavy workload. Role of the Presidency meetings with senior officials including Heads of State/Government, Ministers of The Rome Statute foresees, insofar as their Can you explain the means by which the Court as a Foreign Affairs and Justice, and Attorneys background is concerned, two categories of judges: whole and the Presidency in particular coordinates General. My visit to each country was very List A and list B. How has each category contributed and contributes to outreach objectives? Are some much appreciated and I was warmly received, to the Court these past six years? judges assigned to undertake such as role on the with all courtesies extended. basis of language, region and specialization? It is imperative that the Court have These meetings provided valuable professionals who are familiar with I view outreach in the situation opportunities to thank States for their support procedural and substantive law. Likewise, we countries as a core element of this Court’s work. of the Court and listen to their views. It also need colleagues with expertise in public If justice is not seen to be done in the gave me a chance to provide an update on the international law, who are on top of communities most affected by our judicial Court’s activities. In meetings I emphasized developing jurisprudence in the field. Their activities, then our efforts lose much of their the Court’s judicial nature and the need for it perspectives add insight that greatly enriches our decisions.

Governance

Article 38, paragraph 3 (a), of the Rome Statute entrusts the President, with responsibility for the proper administration of the Court, with the exception of the Office of Prosecutor, while paragraph 4 calls for coordination with the Prosecutor on matters of mutual concern. The most President Song presents recent Report of the Committee on Budget and the report of the ICC to the United Nations Finance refers to some risks ensuing from the General Assembly governance structure of the Court. Can you tell us on 29 October 2009 about the Court’s Coordination Council and how effective it has been in addressing those issues? © UN Photo / Evan Schneider

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to be shielded from political winds. I also My staff and I have extensive agreements. Where this is not possible, I encouraged my interlocutors to adopt contact with the Assembly and its subsidiary would encourage States to consider tripartite implementing legislation in their States. This bodies. We enjoy a close working relationship agreements. Thus States that cannot creates a domestic legal basis for cooperation with President Wenaweser, who is always themselves enter into relocation or with the Court and advances the principle of available. We also value regular cooperation enforcement agreements could assist other complementarity by creating a legal basis for with the Secretariat here in The Hague. When States Parties that are willing to do so but lack trying atrocity crimes domestically. The I travel to New York, I always meet with the means. One other area in which I am eager connections made on this trip will be valuable Assembly representatives. Just last month I to increase cooperation with States Parties, is going forward and help the Court to maintain had the pleasure of speaking to the Bureau. the coordination of efforts to encourage new an ongoing dialogue with States from our Likewise, this year I spoke at the opening and ratifications and accessions to the Rome largest regional group. closing of the CBF session, and Presidency Statute. We can work together to make even staff attended the sessions throughout. Many more headway in extending the reach of the What do you believe needs to be done to encourage working-level contacts, especially with the legal regime in which we all have a great more States to become parties to the Rome Statute in New York and Hague Working Groups, are stake. regions like Asia where, with a few key but notable delegated to the Registry. The Registry has exceptions, the Court has not garnered much extensive contact with The Hague Working acceptance? Group in particular. The Court appreciates Policy-decisions the hard work of the various facilitators; we Asia is terribly underrepresented in are truly grateful to have such a dedicated From the perspective of the Assembly, there are the Assembly of States Parties. As the first and thoughtful group of ambassadors who some concerns about the Court pre-empting policy- Asian President of the Court, I am personally are readily accessible. The Court is committed decisions under consideration by States Parties. In committed to addressing this problem. My first to being responsive to States, and this regard the 10 March 2009 decision by the trip as President was to Thailand and engagement in all of these forums is former Presidency regarding the funding by the Indonesia, two States that are considering important to that end. Court for family visits of indigent detainees comes ratification of the Rome Statute. Each country to mind. Are the judges as a whole, and the will make its own sovereign decision about Are there means of improving such exchanges? Presidency of the Court in particular, cognizant of ratification or accession. Misperceptions of the those concerns and how do they view the way Court’s mandate and functioning, however, too These interactions have gone forward on the general approach? often form the basis of national debates. Travel extremely well. I am committed to continuing makes possible engagement with senior a full and open dialogue with the Assembly I am aware of the concerns that officials, academics, bar associations, NGOs and its subsidiary bodies. some States have in this area. This was a and journalists, and can substantially enhance judicial decision, and the same or a similar understanding of the Court. I am eager to How much support does the Court feel it receives issue could come before the Presidency for return to Asia and travel to other from States Parties? judicial review in the future. To avoid underrepresented regions to assist in any way prejudicing potential future deliberations, I possible. States Parties created this cannot address the substance of the decision institution, and the Court continues to rely on on family visits. At the end of the day, though, States and NGO States Parties to sustain it. We are very networks have vastly greater resources that appreciative for cooperation that has been However, as I recently expressed to the they can direct to these efforts. I would forthcoming in a number of areas, including Bureau of the Assembly, as a matter of welcome new efforts by the ASP and individual arrests and surrenders of suspects, procedure I am very concerned about a draft States Parties to play an active part in investigations, witness relocation, resolution currently circulating in The Hague informing national debates about the Rome enforcement of sentences, and diplomatic Working Group that would in effect seek to Statute in non-States Parties around the world. support. Of course there are always areas that overturn the decision. Any attempt to This is an area where State and NGO efforts can can be improved. Specifically, I would overturn a judicial decision by an ASP be closely coordinated with those of the Court. encourage all States Parties to adopt resolution raises concerns of precedent and implementing legislation as a matter of perception. Observers could well ask, if a priority. To our knowledge, so far only 39 of Presidency decision can be overturned by a Assembly 110 States Parties have done so. With judicial political body, why not an Appeals Chamber activity under way, there is also a great need decision? At a time when some accuse the How and with what frequency does the Presidency for more assistance on witness relocation and Court of being prone to political influence, I and do you directly interact with the Assembly and enforcement. I would urge those States that would urge that every measure be taken to its subsidiary bodies? have not done so to enter into negotiations underscore and respect its judicial with the Court on relocation and enforcement independence. I would hope that any actions

Welcoming ceremony for Chile

From left: Mrs. María Cecilia Borgoño de Martabit and H.E. Mr. Juan Martabit, President Song, Ms. Silvana Arbia, Registrar, H.E. Mr. Jorge Lomónaco, Ms. Fatoumata Dembele Diarra, First Vice-President of the Court, and Mr. Luis Moreno-Ocampo, Prosecutor

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contemplated would be carefully considered in a series that rotates between New York and State support. I am keen to learn why more in this context. The Hague) to allow a detailed exchange of States haven’t adopted implementing information and views at the working level and legislation. Even after the Bureau’s plea to the The Rome Statute could not foresee all possible ensure that concerns of both organizations are fifth session of the ASP, only 39 States Parties scenarios that the Court would face and, taken into account by the other. have done so. How can States better support accordingly, left some areas ambiguous or for future each other in developing national capacity to decision-making by the Court and the judges in How would you evaluate the cooperation with credibly investigate and prosecute ICC particular. Now that the Court has been functioning regional intergovernmental organizations and how crimes? These are just some of the issues that for several years, could there be a role for the could that be improved? could be addressed. With enough notice and Assembly in providing guidance on lacunae or other where appropriate, the Court could matters where there may be a risk of divergent This is an area that needs to be collaborate in brainstorming and refining interpretations by the Court’s judges? worked on. The Court has an intensive proposals in these areas. relationship with some organizations, such as The Statute and the Rules of the European Union and is still seeking a What are the Court’s expectations in terms of the Procedure and Evidence could be amended to formal relationship with others, for example outcome of the Review Conference? adapt it to changed circumstances or in light the African Union. Over the past several of lessons learned. This is a matter for States, months, we have reached out to other Beyond the outcome of the debate but I would urge that any changes be based regional and thematic intergovernmental of substantive legal proposals on which I on broad policy visions and not in reaction to organizations. This May, Judge Kuenyehia cannot comment, it is my hope that the specific decisions – especially judicial represented the Court on a trip to Nigeria, Review Conference can be effective in decisions. It is true that many things could not where she addressed the Parliament of the charting the further development of the entire have been foreseen in 1998, but I think it is Economic Community of West African States. system of international criminal justice. I important to keep in mind that many future I have asked my staff to reach out to various would like to see the Conference develop developments also cannot be foreseen. After organizations, including the League of Arab strategies to broaden and deepen the Rome all, the Court has not yet completed its first States, Organization of the Islamic Statute. This includes bringing in new States judicial cycle. For this reason, too, I would Conference, the Organization of American Parties, while also strengthening the Court recommend that any contemplated States and the North Atlantic Treaty and exploring methods to further develop amendments be made with a view to Organization, in order to explore options for national capacities. potential long-term implications. greater communication and collaboration. What is your typical day as President like? How can the Assembly best contribute to the Court? Review Conference The typical day is incredibly hectic. The Assembly can and does I come to work very early and can never be contribute to the Court in many ways. I Would you share some of the Court’s views on some sure what to expect. I have a wide range of would start by mentioning financial support, of the issues to be addressed at the Review responsibilities. I am a judge in the Appeals and in this area Assembly members have an Conference in June 2010? Division and have a full workload there. As a excellent record of prompt payment of dues. member of the Presidency, I am deeply With management issues, I find that the The Review Conference in Kampala involved in conducting judicial review of the Assembly’s oversight function is most and especially proposed amendments to the Registrar’s administrative decisions. And effective when focused on general policy Statute to be discussed there are matters for then of course as President, I have my hands guidance, allowing the Court flexibility to States. Yet naturally, the Court shares a great full with external relations matters. I travel work out the details as best suit it. The interest in the Review Conference’s success. It and speak frequently to represent the Court, Assembly can also play a key role in is my hope that the Review Conference can receive many ambassadors and senior coordinating among States on cooperation serve as another major milestone in the dignitaries here in The Hague, and in the issues, from public and diplomatic support to development of international criminal justice. evenings I try to attend diplomatic functions adoption of implementing legislation. Big issues including aggression may be around town. It is a heavy workload, but the discussed, and I’m sure technical issues will lifestyle is facilitated by the unfortunate fact be too. The Conference offers an opportunity that I’m often geographically single! When Cooperation to review the efficiency and effectiveness of my wife is able to visit, I try to take some the Court. But I would encourage this all to be personal time. How would you evaluate the cooperation between inserted into a broader context. I would also the Court and the United Nations? encourage the ASP to think creatively about Do still have time to indulge in golf, your favourite involving affected communities – from all pastime? The Court’s cooperation with the situation countries – in discussions of the United Nations has been excellent in such Court’s work. To the extent that the Court I have very little time for golf these diverse areas as logistics and diplomatic exists to serve victims, their voices should be days, and have only played twice since support. The Relationship Agreement sets a heard in the preparations for Kampala and at becoming President. solid framework, and subsidiary agreements, the Review Conference itself. such as the memorandum of understanding What other activities do you enjoy in your free with MONUC, have also been very valuable. As regards the stock-taking item, what key areas time? We have enjoyed consistent support from the should it focus on? Secretary-General on down. I particularly I enjoy reading and writing when appreciate the responsiveness of the Office of I am pleased that a stock-taking time allows. the Legal Counsel, which is the focal point for exercise will look at the entire Rome Statute ICC cooperation at the UN. This July, the Court system. Critically, this should include various hosted a two-day roundtable with the UN (one issues of cooperation, complementarity and

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Interview with H.E. Juan Martabit, Ambassador of Chile to the Netherlands

Interview with H.E. Juan Martabit, Ambassador of Chile to the Netherlands gathering the proposals of all sectors, but my country recognizes and which it is always with a view to moving the ratification concerned with as a society. Societies must forward, as Chile could not stay at the evolve, and to do so they must have a legal margins of this important development in system which provides for the participation international law and universal jurisdiction. of victims and, of course, for reparations. As such the Statute represents a model of Unlike many other States, Chile proceeded to universal justice. penalize the crimes provided under the Statute before ratifying it, which represents an important Victims’ reparations may be individual or step with regard to the principle of collective, depending on the applicable national complementarity, the cornerstone of the Rome laws. In Chile’s experience, what has been Statute, according to which it is the responsibility considered the best way of giving victims some of the respective State Party to investigate the form of reparation? crimes. The Court only intervenes when a State is unable or unwilling to investigate or to prosecute. It must be emphasized from the What role did this prior criminalization play in the outset that no form of economic ratification process? compensation or any other kind of How important is the ratification of the Rome compensation will return the lives of lost ones Statute for Chile, and what are your expectations The purpose of the criminalization or repair the harm inflicted by torture; this is for the Court? was to bring the Statute to life, for it to be taken into account in the compensation recognized in the domestic judicial sphere. system established. In Chile’s experience, This is a very important step that Chile wanted to avoid facing obstacles to its reparations have been mainly individual, in Chile has taken very seriously and in full full application when the moment would view of the nature of the crimes perpetrated awareness of its history, following a process arrive. Now that it has the law on the against victims, who were individuals. We of dialogue involving various political sectors penalization of the crimes as part of its did not experience any group factors such as of society. Upon joining the International legislation, Chile incorporated the definitions ethnic and/or racial cleansing, as occurred in Criminal Court, Chile has already achieved a at the national level, and it is equipped with other parts of the world under very different high level of implementation, having already the necessary legal tools to recognize the contexts; we experienced persecutions of a adjusted its national legislation to incorporate crimes described under article 5 of the political nature. It is important to emphasize the crimes described in the Statute. Now we Statute, in accordance with the principle of that the reparations proposed and/or paid for wish to participate as actively as possible as a complementarity. by the State have come in various forms and country in everything necessary to contribute have included direct family members. They to the ICC. When do you expect to submit the Agreement on were translated into pensions, medical and Privileges and Immunities for consideration by educational assistance, bonuses in the form of This ratification turns South America into the Parliament, its ratification constituting an acquittals and benefits for the return to the only continent on which all States are Parties to essential step to facilitate the work of the Court, country of those who had suffered from being the Rome Statute. What political and legal and how much time could its ratification take? exiled; the objective was to attempt to widen obstacles did you have to overcome to ratify the the scope of reparations as much as possible. Statute? As yet no date has been set to consider the Agreement, but this step On the subject of transitional justice, the Truth In Chile the process lasted several forward, as well as others, covering important Commission of Chile served as an inspiration and years during which some sectors needed to areas such as co-operation with the ICC, is guide for several similar processes in different reflect in order to overcome certain currently being studied by the relevant legal Latin American countries and also some from reservations. This led to a productive authorities of my country. different continents such as South Africa. In democratic dialogue which yielded strong retrospect, what changes do you deem necessary results. First there were concerns about the What do you think of the innovative provisions of for the objectives of a Truth Commission to be more application of the principle of the Statute that allow victims to participate in the effective? complementarity, then the Constitution had judicial proceedings before the Court and the to be amended, and finally an interest grew in possibility for them to receive reparations from the The work of the Truth Commission incorporating the crimes under the Rome Trust Fund for Victims? deserves to be recognized. It has functioned Statute into our national legislation to ensure on the basis of voluntary cooperation its full application. In Chile we have experienced a long between the parties. It has improved with process with successive reparation phases for experience, and has had to adapt to new What role did Chilean civil society play in this victims through the Truth and Reconciliation circumstances, but despite everything it has process, and how did it react to the ratification? Commissions and the National Commission achieved, there will always be room for on Political Imprisonment and Torture, the improvement. However, it has been an Civil society participated in this important work of which involved, inter alia, important motivating force in moving on dialogue through its own organizations, as taking statements and recognizing victims of from the past, and we are proud to have well as through important NGOs, in addition human rights violations committed under the created a model for other societies that have to the matter being discussed at the highest military regime. Therefore we deem this suffered similar situations. From that level. The government of President Michelle aspect of the Rome Statute to be of vital perspective, it is necessary to recognize the Bachelet was particularly interested in importance, as it concerns principles which progress fostered by the institution, including

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Ceremonies for new States Parties

with regard to the objective of national would like to emphasize that what is most What do you think of the much desired objective of reconciliation. We know that the scars of the important is that we have learned from our universal participation in the Rome Statute? past cannot be erased, but surely we can work history. Justice is necessary in all societies to together to improve the future of our country move forward and achieve peace, which is I believe that it will definitely and of future generations. why we are proud that the whole of South represent a step forward on all fronts, an America has ratified the Rome Statute and unprecedented achievement, which all 110 In the light of what has happened in Latin America participates actively in the ICC. States Parties to the Rome Statute support. As and in particular in Chile during the last decades our President Bachelet said when she visited of the twentieth century, could you give us your The Hague last May, whose words I fully opinion on the alleged dilemma between peace and endorse: “Ideally the ICC would not have justice? anyone to prosecute, would not have any cases, as that would mean that it had met its The situation experienced in Latin objective of acting as a deterrent. I believe that America at the time of the dictatorships of the deep down inside, we all want universal second half of the twentieth century was justice to have the effect of deterring acts of particularly distressing. However, we have genocide or other types of horrors, and for it learned from it. And now, as with most no longer to be necessary in future ever to societies that have had to go through such prosecute anyone anymore for atrocities difficult situations, we respect and value perpetrated by humans against other human democracy more than before. We understand beings”. the importance of the right to dissent, the right to freedom of expression and the right to justice, all with the objective of achieving an increasingly peaceful co-existence. And I

Ceremonies for new States Parties

continued from page 1 For his part, the Ambassador of the Czech Republic to the Netherlands, H.E. Petr Mareš, “A total of 396 million The Court held ceremonies for the new States in addressing the challenges of the South Americans, from the Parties in The Hague on the dates when the international community with regard to Caribbean coast to Cape Statute entered into force for those States. criminal justice, noted the relevance of the Horn, from the Galapagos thoughts of Ms. Hannah Arendt who had Islands to Recife, are under During the ceremonies welcoming the new written over 40 years ago that Eichmann the aegis of the normative States Parties, reference was made to the should have been tried by an international regime that sovereign legal, political and technical challenges which court for the crimes committed against States established 11 years ago. Just as had to be overcome in order to ratify the mankind on the body of the Jewish people Latin America established the first Rome Statute. The importance of conveying a and not for the crimes against the Jewish “nuclear-weapons free-zone” under the proper understanding of the principle of people as the Jerusalem Court did. She had umbrella of the Tlatelolco Treaty, let us complementarity, enshrined within the also affirmed that the purpose of a trial is to hope that, within the next few years, Statute, constituted an essential pillar in the render justice, and nothing else, even the other regions will follow and we can arduous process of reaching a consensus at noblest of ulterior purposes. progressively celebrate the the national level, since it would dispel establishment of “Rome-Statute-zones” doubts about a possible cession of jurisdiction around the globe.” “… nobody is above the to a supranational judicial organ. In this law, nobody can evade connection, both Chile and the Czech Vice-President Jorge Lomónaco responsibility for any Republic expressed their appreciation to the crimes that States agreed Court, which had always been open to to identify as dangerous to addressing politicians and jurists, both in The international peace and The Vice-President of the Assembly, Hague and in capitals, for its assistance in security. International Ambassador Jorge Lomónaco (Mexico), facilitating an understanding of the Court’s peace and security will never work, if we highlighted that the addition of two new jurisdiction. do not bear the consequences of that States Parties constituted a significant responsibility. Every individual is accomplishment for the international The Ambassador of Chile to the Netherlands, responsible for his or her crimes against community as a whole, in advancing towards H.E. Juan Antonio Martabit, emphasized that humanity, war crimes or crimes of the cherished goal of universality, particularly although the ratification of the Statute was the genocide. Every State is responsible for as both South America and the European result of the efforts of many sectors within his the punishment of such crimes. The Union had thus fully embraced the Rome country, it was most of all due to the personal International Criminal Court is here not Statute system. interest of President Michelle Bachelet who as a substitute for the responsibility of had made it a primary goal of her States, but to make them bear their government; he recalled that President responsibility themselves.” Bachelet herself had also been a victim of the excesses suffered during the period of Ambassador Petr Mareš authoritarianism that preceded the return to democracy.

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ASP Events and Calendar

Deposit of Chile’s instrument of ratification at the United Nations ASP Calendar

From left: 2010 Ambassador Claudio Troncoso, Director of Legal Affairs, Ministry of Assembly of States Parties Foreign Affairs, congressman Gabriel Ascencio, H.E. Ambassador Heraldo Resumed eighth session Muñoz, Permanent Representative to New York the United Nations, Mr. José Antonio between 22-25 March Viera-Gallo, Secretary-General of the Presidency of Chile, and Ms. Annebeth Rosenboom, Head of the Ninth session United Nations Treaty Section. New York © UN Photo mid-December

President meets Review Conference Staff Council members Kampala, Uganda 31 May to 11 June 2010 From left : Mr. Sibo Mutiri (2nd Vice-President), Ms. Muriel Meric (Treasurer), President Christian Wenaweser, and Ms. Romana Maumbu (1st Vice-President) Committee on Budget and Finance Fourteenth session The Hague - 19 - 23 April

Oversight Committee on Permanent Premises Fifteenth session The Hague - 23 - 31 August

From left: H.E. Ambassador Lyn Parker (United Kingdom), Chair of the Oversight AGREEMENT ON PRIVILEGES AND Committee on permanent premises, and Ms. Esther Halm, Associate Legal IMMUNITIES : MALAWI Officer of the Secretariat of the Assembly With the deposit of the instrument of ratification by Malawi on 7 October 2009, a Departures total of 62 States are now parties to the APIC.

The Hague H.E. Lyn Parker (United Kingdom) left his post as Ambassador to the Netherlands and returned to the Foreign and Commonwealth Office in London; Mr. Akbar Khan (United Kingdom) became Director of the Legal and Constitutional Affairs Division of the Commonwealth Secretariat; Mr. Masud Husain (Canada) assumed his new functions in New York; Mr. Erasmo Lara (Mexico) was transferred to Vienna; Ms. Michèle Dubrocard (France) concluded her posting.

New York Mr. Marko Rakovec (Slovenia) finished his posting, Ms. Polly Ioannu (Cyprus) was transferred to Vienna, Mr. Tomohiro Mikanagi (Japan) assumed his new functions in Beijing, while Ms. Angela Nworgu (Nigeria) began to work in the office of the President of the General Assembly of the United Nations.

Colophon e-mail : [email protected] Secretariat of the Assembly of States Parties website : www.icc-cpi.int/Menus/ASP International Criminal Court P.O. Box 19519, 2500 CM, The Hague, The Netherlands Copyright © International Criminal Court - All rights reserved

1616 This is not an official document. It is intended for public information only.