Improving Cooperation a Key Challenge for Court As Review Conference Approaches

The MONITOR Journal of the Coalition for the International Criminal Court

issue no. 38 Improving Cooperation a Key Challenge for Court as Review Conference Approaches

lobodan Milošević. Charles Taylor. Radovan Karadžić. Political leaders Smany thought would never face justice. But sooner or later, each was brought before an international criminal tribunal because governments along with regional and international organizations cooper- ated with the courts. Many have identified the arrest and surrender of high-profile suspects as the key political and legal challenge in the enforcement of international justice. This applies equally to the Interna- tional Criminal Court (ICC) and the states parties that have ratified the Rome Statute, the Court’s founding treaty. But the challenge goes far beyond arrest and surrender; the ICC relies on all states, along with multilateral organizations, for practically every step it takes. It is therefore up to the international community to decide whether this makes the ICC the weak link or a strong ally in the global fight against impunity. Part Nine, specifically Articles 86 to 102, of On 14 July 2008, demonstrators demand cooperation with the Court and justice for Darfur outside the Sudanese embassy in London. Credit: Shaun Curry/AFP/Getty Images the Rome Statute defines the fundamental role of states vis-à-vis the Court’s investiga- requested. The eight warrants also include the first request for the arrest of a sitting head of state, Omar Hassan Ahmad Al-Bashir, “The Court needs the full commitment of the president of Sudan. political leaders, the military and peace ne- “The Court needs the full commitment of political leaders, the military and peace negotiators to be able to prevent crimes,” said gotiators to be able to prevent crimes.” ICC Prosecutor Luis Moreno-Ocampo. “While prosecutors and lawyers will do their part in the courtroom, political leaders have a responsibility to ensure that the law will be respected by all actors. tions and prosecutions. In addition to arrest and surrender, coop- This means active and consistent support, enforcing all decisions erating with the Court also entails providing evidence; identifying of the Court.” persons; interviewing witnesses; tracing, freezing and seizing as- Refining Practices: Executing Arrest Warrants and Seizing Assets sets; and protecting witnesses and victims. But the role of states does not end there. Part Nine only defines the technical and legal The arrest and surrender of ICC suspects is essential to fulfilling the role of states, while history has demonstrated that international Court’s primary mandate to hold accountable those who have com- justice also demands political, including diplomatic, support. mitted war crimes, crimes against humanity and genocide. Without arrests, there can be no trials and no justice for victims. The breadth and urgency of challenges to cooperation and support for the Court arise as its work reaches a critical juncture, with Once the Court has issued an arrest warrant, it is the responsibility eight outstanding arrest warrants. This includes a warrant for of states to arrest and surrender ICC suspects to The Hague. Con- Lord’s Resistance Army leader Joseph Kony of Uganda, who has sidering the nature of the ICC crimes and the seniority and political reportedly committed more crimes in the Democratic Republic of influence of many alleged perpetrators, such arrests will often be the Congo and the Central African Republic since his arrest was controversial. Consistent political support combined with solid legal continued on p. 5 2 Editorial section Hugo Strikker Casey Schepp Joseph Bahar Finance andAdministrationSection Sarah Freuden Daniel Rees Kirsten Meersschaert Gabrielle Mertz Development Section Peony Trinh Sasha Tenenbaum Mariana RodríguezPareja Kattia Ninahuanca Oriane Maillet Spencer Lanning Linda Gueye Anaga Dalal Communications Section Maaike Matelski Hamadey Brigitte Tanya Karanasios R.Pace William CICC S members orourfunders.ArticleswithoutabylinehavebeenwrittenbyCICCSecretariat staff. expressedViews here are thoseoftheauthorandnotnecessarilyCICCSecretariat, our Issue 38: CriminalCourt oftheCoalitionforInternational Journal Monitor The Gender Justice•World FederalistMovement Justice•ParliamentariansforGlobalActionWomen’sPeace Without Initiativesfor • HumanRightsFirst,Network –Uganda•HumanRightsWatch • No Comisíon AndinaJuristas•FédérationInternationale desLiguesDroits del’Homme Pro Derechos Humanos •CivilResource Development andDocumentationCentre • Amnesty International•AsianForumforHuman RightsandDevelopment•Asociación SteeringCommittee CICC Informal Abeer Al-Khraisha Middle East&NorthAfrica Virginie Amato Luisa Mascia Europe Marcelina Valderama Rebecca Lozada Serrano Evelyn Asia &thePacific Francis Dako Camara de Fátima Annie RashidiMulumba Africa Field-based RegionalSection Julie Hunter Francesca Varda Stephen Lamony Ata Hindi Brigitte Suhr Regional Section Oswaldo ZavalaGiler Isabelle Olma Cecilia NilssonKleffner Legal Section Initiatives forGenderJustice•World FederalistMovement Watch Justice•ParliamentariansforGlobalActionWomen’s •NoPeaceWithout l’Homme •HumanRightsFirst Network–Uganda•HumanRights • ComisíonAndinaJuristasFédérationInternationale desLiguesDroits de Pro Derechos Humanos •CivilResource Development andDocumentationCentre Amnesty International•AsianForumforHuman RightsandDevelopment•Asociación SteeringCommittee CICC Informal ecretariat May -October2009

Middle EastandNorthAfricaCoordinator, Amman,Jordan Administration andFinanceOfficer, TheHague Accounting andHumanResources Associate,NewYork Accounting Associate,NewYork Development Assistant,NewYork Development Associate,NewYork Development andProgram Officer, TheHague Director ofDevelopment,NewYork Design Manager, NewYork Communications Officer, New York Buenos Aires, Argentina Senior SpanishCommunicationsOfficer, Website andDatabaseDeveloper, NewYork Communications Officer, TheHague IT Consultant,Austin Senior French CommunicationsOfficer, New York Head ofInformationandCommunications,NewYork Program Officer, TheHague Program andMembershipOutreach Associate,NewYork Program Director, NewYork Convenor, NewYork andTheHague Lusophone CampaignAdvisor, London,UnitedKingdom European Program Assistant,Brussels,Belgium Europe RegionalCoordinator, Brussels, Belgium OfficeAssistant,Manila,Philippines Asia Program Associate,Manila, Philippines Asia andPacificRegionalCoordinator, Manila,Philippines Africa Coordinator, Cotonou,Benin Democratic RepublicofCongo Africa SituationsLiaison,Kinshasa, Regional Program Assistant,NewYork Outreach LiaisonforAsiaandthePacific,New York Regional Coordinator forLatinAmericaandtheCaribbean; Africa Outreach LiaisonandSituationsAdvisor, NewYork Outreach LiaisonforMENA/Europe, NewYork Director ofRegionalPrograms, LosAngeles Legal Advisor[UN-ASPLiaison],NewYork Legal Advisor[ICC-ASPLiaison],TheHague Hague Director /HeadofLegalSection,TheHague

Web: http://www.iccnow.org [email protected] Email: +1Fax: 212-599-1332 Phone: +1212-687-2863 York,New 10017 NY USA c/o 3rd 708 Ave, Fl 24 WFM, oehr o Jsie Cvl oit i 10 onre avctn fr fair, a for advocating countries ICC. independent and 150 effective in society Civil Justice: for Together hoc and special tribunals. These accused were also heads governmentsof heads also were accused These tribunals. special hocand ad the against supporters their Taylorand and Milošević by waged those than perilous more far are justice other international and and ICC the of opponents Government Sudan the by ICC the against threats and paign on to on of impunity. focus the retreating long-term Theimplications cam media the AU, and the including bodies, international governments, sure (AU) Union At wepersonnel. and the UN peace time, same tomust strive fiercely pres African and organizations; humanitarian international and The national on our members; 10). of attacks the page mindful CICC be must extremely Intimidation,” and Threats Despite Justice for Up Stand Al-Bashir, Ahmad president(see theNGOs ofSudan Hassan “Sudanese Omar for warrant arrest Court’s Criminal that International the from resulted dilemma and reaction in international up and sums national the Initiative paragraph one Rights Refugee International the of Bueno Olivia little been has there and space for detailed consideration of theattacks long-term implications of the decision. government’s the to responding focus the on been decision, the has of aftermath immediate the In pressure. increasing has of the face in it fearlessness as and unity time showing at same aimed offensive the rhetorical at a launched voices independent other and activists (NGOs),organizations non-governmental against government crackdown a The launched figuratively. has and Sudan of literally both run, the on been has munity an issued chamber pre-trial Al-Bashir warrant on against President arrest 4 March the 2009. the com Instead, when satisfaction, least react at would or community jubilation, activist with Sudanese the that expected have might One Note from theConvenor Contact Us Contact iccnow.org/?mod=monitor www. at online available and Spanish, and French English, in worldwide Monitor The war of victims to genocide. and justice humanity against deliver crimes crimes, that laws national stronger advance and universal; and visible both justice make fair, is independent; and Court effective the that ensure ICC; the with cooperation strengthen to 2,500 international partnership includes in working Court world the Criminal around organizations International the for Coalition The UsAbout must officials UN and governments CICC, The more allies. many and resources greater much has Government Sudan humanitarian, the and the are much greater, dangers Sudan, and geo-political of regional rights, human case the In issued. were warrants arrest when complementarity. achieving for ablueprint is believe members CICC many which Cooperation,” on “Report 2007, ASP the on story cover the is article the important moston the Perhaps elections, Government.on States United Conference, new Review the on victims, on view: term” of issue This repair. to years require could that catastrophe law international avoidan to months many is the Coalition’s flagship publication. It is distributed distributed is It publication. flagship Coalition’s the is William R. Pace, Convenor of the CICC the of Convenor Pace, R. William The Monitor The Email: [email protected] Email: +31-70-364-0259Fax: Phone: +31-70-363-4484 Netherlands The Hague, The 2594 AC 99a, Bezuidenhoutseweg is full of articles taking the “long “long the taking of articles full is cooperate carefully for for carefully - - -

Letters Edi t orial s e c ion

So it was possible after all: The International Criminal Court (ICC) has issued an arrest in this issue warrant for a sitting head of state, Sudanese President Omar Hassan Ahmad Al-Bashir. His open disregard for the Court as the violations continue in Darfur has revealed an international community quiet and complacent with the abuse, perhaps out of fear of forfeiting Cover their own impunity. The UN Secretary General has not called for Al-Bashir’s arrest, nor An in-depth look at how ICC states have many countries. In the Islamic world, reaction was rabidly negative or ambivalent. In parties and multilateral organizations can our country, a few religious leaders condemned the decision and spewed the usual rhetoric improve their cooperation with the Court of an anti-Islam plot by the West. The secular parties and intelligentsia did not follow the chorus of condemnation that rang through the Arab world. Here, former General turned Assembly of States Parties President Pervez Musharaf may also be brought to book by local courts. Overview of preparations for the 2010 The only thing that can scare those who think they can get away with disappearances 4 Review Conference; 2009 judicial and CBF 3 and extrajudicial killings by singing the songs of truth and reconciliation is broad-based support for the Court’s warrant for Al-Bashir. Anything less risks jeopardizing the fight election results against impunity here at home. Cases and Iqbal Ahmed Detho Coordinator, Pakistan Coalition for the ICC 7 Situations Karachi, Pakistan Updates on cases and situations Since the ICC’s 4 March 2009 decision to request the arrest of Sudanese President Al- before the Bashir, other heads of state and international organizations have been defying the Court. Court with guest In a timely parallel half a world away on 7 April, the strength of the global fight against contributions from impunity became clear as a three-judge special panel of the Peruvian Supreme Court of Jus- Carla Ferstman of REDRESS and Olivia tice found former Peruvian President Alberto Fujimori guilty of two counts of murder and serious injury amounting to crimes against humanity. Bueno of International Refugee Rights Initiative In 2000, Fujimori fled to Japan, where he quit his position as president of the republic. He stayed in Japan for many years, and victims had to endure a long struggle for justice, at times UN-ICC thinking that they would never be able to obtain redress. But history changes. Fujimori de- Key ICC-related developments fiantly traveled to Chile and was then extradited to Peru. 13 at the United Nations including recent The 7 April decision has proven to the world that there is a growing movement for accountability and that sooner or later impunity will be defeated and even former heads of state will CICC advocacy efforts be brought to justice. Regional Francisco Soberón 14 Members Director, Asociación Pro Derechos Humanos del Perú (APRODEH) advocacy in Member of the CICC Steering Committe Africa, Asia, Europe and “Dear Mr. President” (Monitor issue 37) captures many of the hopes and fears that human rights advocates hold as the United States turns a new page with the election of Barack Latin America Obama as president. When Dutch Minister of Foreign Affairs Maxime Verhagen visited with coverage Washington in mid-April, his U.S. counterpart, Secretary of State Hillary Clinton, re- of International Women’s Day and the portedly told Dutch journalists “I’ve got a new friend.” And indeed, there are signs of true International Day Against the Use of friendship. Both countries were (unfortunately) united in boycotting the Durban Review Child Soldiers Conference on Racism that same month and recently worked closely together in organizing an international conference on Afghanistan in The Hague. But there is also dissonance. The US-ICC Dutch government considers The Hague to be the international city of peace and justice. On-the- Yet, for the U.S. government, The Hague is still a potential military target under the Hague 20 Invasion Act. It’s a law from a bygone era. Invading your friend’s country to interfere in the record statements administration of international justice is not friendly. It might be time for the U.S. Presi- by Obama Admin- dent, the Secretary of State and Congress to change that law without delay. istration officials Lars van Troost about the ICC Head of Political Affairs and Press Office, Dutch section Amnesty International, Nederland , The Hague

Current major funding for the CICC is provided by the European Union, from a number of individual donors. This document has the Ford Foundation, the John D. and Catherine T. MacArthur Founda- been produced with the financial assistance of the Euro- tion, and the governments of Belgium, Finland and The Netherlands. pean Union. The contents of this document are the sole re- The CICC receives important additional funding from the Foundation sponsibility of the CICC and can under no circumstances be regarded Open Society Institute (Zug) and from the governments of Denmark, as reflecting the position of the European Union. Ireland, Liechtenstein, Norway, Sweden and Switzerland, as well as

The Monitor No. 38 / May - November 2009 asp hightlights Preparing for the 2010 Review Conference of the Rome Statute The Review Conference of the Rome Statute will take place in the sec- Five New ICC Judges to Take Office; ond quarter of 2010 in Kampala, Uganda. States parties will meet to Judge Song New ICC President

icc/asp review the International Criminal Court’s (ICC’s) founding treaty and to consider amendments to it. For the Coalition for the ICC, the first Review Conference will be a crucial landmark in the evolution and consolidation of the ICC and international justice. With only a year to prepare for the conference, consultations and preparations have so far focused on defining its scope and agenda. 4 Discussions regarding the conference will focus solely on amendments that have a very broad, preferably consensual support from states parties. Ac- cordingly, proposals for amendments to be considered at the Review Con- ference will first be discussed at the eighth session of the Assembly of States Parties (ASP) in November 2009 with a view to promoting consensus. From 19 to 20 January 2009, ICC states parties elected the One of the main points of discussion will be the possible adoption of the following six new judges for nine-year terms: (pictured left to crime of aggression as part of the Court’s substantive jurisdiction. Also, right) Christine Van den Wyngaert (Belgium), Fumiko Saiga the Rome Statute provides for the revision of Article 124, an optional (Japan), Cuno Tarfusser (Italy), Joyce Aluoch (Kenya), Sanji clause that exempts states from subjecting their nationals to war crimes Mmasenono Monageng (Botswana) and (not pictured) Mo- prosecution by the Court for seven years. The Review Conference may hamed Shahabuddeen (Guyana). On 16 February 2009, Judge also consider terrorism and drug crimes, as recommended at the 1998 Shahabuddeen submitted his resignation for personal reasons Rome Conference. States will also consider whether to take up at the and on 24 April, Judge Saiga passed away. An election to fill Review Conference a proposal for amendments presented by Belgium, these two vacancies has been scheduled to take place during the which seeks to criminalize the use of certain weapons and means of war- 8th ASP in The Hague from 18 to 26 November 2009. fare as war crimes under the Rome Statute. On 11 March 2009, the judges were sworn in and ICC judges Furthermore, the Review Conference will serve as an occasion for a elected Judge Sang-Hyun Song as the new ICC president. stocktaking of international criminal justice, allowing states parties Judge Fatoumata Dembele Diarra and Judge Hans-Peter Kaul and other important actors to constructively share experiences, lessons will serve as first and second vice presidents, respectively. learned and challenges faced. Given its venue, the conference should also be a key opportunity to disseminate public information on the The Coalition for the ICC campaigns for fair and transpar- Rome Statute system in the region. ent elections.

Toward a Definition of the Crime of Aggression During the second resumption of the seventh session of the Assembly of States Parties from 9 to 13 February 2009 in New York, the Spe- cial Working Group on the Crime of Aggression held its final session, chaired by Ambassador Christian Wenaweser (Liechtenstein). The group is trying to finalize a proposal for the crime of aggression in time for the 2010 Review Conference of the Rome Statute. Discussions will continue through the preparations for the Review Conference. In June, there will be an intersessional meeting in New York. Debates at the resumed session continued to revolve around how an aggression amendment would enter into force, the actual definition of the crime and how to trigger the Court’s jurisdiction. Although nothing has been finalized, there was general support for the draft definition of the crime. There are more divergent views regarding the conditions for the exercise of jurisdiction. New CBF Members Elected For Jutta Bertram-Nothnagel, representative for the Union Interna- The election of six of the assembly’s Committee on Bud- tionale des Avocats (UIA) and leader of the CICC team on the crime of get and Finance (CBF) members also took place at the first aggression, expectations were high after the conclusion of the working resumed session of the ASP. Fawzi Gharaibeh (Jordan), group’s meetings. “This session was again a uniting and not a divisive Masud Husain (Canada), Shinichi Iida (Japan), Rossette experience, where states have demonstrated an amazing commitment Nyirinkindi Katungye (Uganda), Elena Sopková (Slovakia) to achieving a reasonable provision,” she said. “The challenge for many and Santiago Wins (Uruguay) were elected to serve on the working on this issue is to maintain a strong motivation, keeping in mind committee for a period of three years. The CBF is a body the horror of wars in the twenty-first century and at the same time stick- of experts who deliver recommendations and reports to the ing to step-by-step work to reach a provision all reasonable governments ASP to help sort through the complexities of the ICC bud- can live with.” She said she hopes upcoming sessions will continue to be get process. open to creative considerations, notably on the jurisdictional conditions for the crime, without jeopardizing consensus on key issues. 

The Monitor No. 38 / May - November 2009 Improving Cooperation (continued from page 1) procedures provide the only answer to such controversy. At the national level, states icc / ASP should enable procedures for expedited “The adoption of implementing legislation surrender in lieu of practices that are currently more time-consuming. Also, because is the most indispensable way to make this of the particular nature of arrest operations, system work.” especially in active conflict situations, and the legal, technical and logistical barriers —Nicolas Burniat involved with transferring detained suspects, it is important to facilitate the shar- ing of experiences among states parties and 5 with the ICC in order to refine practices The Importance of Implementing “Uganda should in the first place move fast to and better develop capacities. Legislation pass the draft implementation bill because in the absence of domesticating legislation, we The Court’s effectiveness depends on the Another concrete example of crucial state cannot prosecute grave crimes nationally.” cooperation is the tracing, freezing and existence of strong national legislation that seizing of a suspect’s assets, which can in will enable states to investigate and pros- “Adopting complementary legislation re- turn be used for victims’ reparations and ecute ICC crimes as well as efficiently coop- mains vital to supporting the Court,” says legal aid for the defense. The need for erate with the Court. Technical assistance Diego Camaño Viera of Instituto de Estu- states to proactively build capacity and should be provided to states experiencing dios Legales y Sociales del Uruguay. “In ensure willingness to cooperate with such difficulties in drafting such legislation. the case of Uruguay, the first Latin Ameri- requests was appropriately described by Non-governmental organizations have can country to fully implement the Rome REDRESS Director Carla Ferstman in campaigned for the full implementation of Statute in the region, the ICC special law the Rome Statute into national laws and strengthened the country’s legal system an article for the Leiden Journal of Interna-

“[I]t will be a challenge to trace, freeze and seize assets located in the state where the crime is alleged to have occurred, as it may be in transition from a conflict, and/ or may not wish to support the ICC proceedings…” —Carla Ferstman

developed expertise in the matter, including and provided us with tools to redress tional Law: “[I]t will be a challenge to trace, freeze and seize assets located in the state implementation manuals and model laws. crimes using this new legal framework.” “In Rome, much more than just a Court was where the crime is alleged to have occurred, Setting Frameworks: States’ Bilat- created,” says Nicolas Burniat, senior asso- as it may be in transition from a conflict, eral Agreements with the ICC and/or may not wish to support the ICC ciate, Crimes Against Humanity program, proceedings. It will also be difficult to Human Rights First. “A whole system The special arrangements required for some locate and trace extraterritorial assets … based on the principle of complementarity specific forms of cooperation often entail [as] mutual assistance in criminal matters was born. The adoption of implementing concluding bilateral agreements between is traditionally slow and a major source of legislation is the most indispensable way to the Court and states in order to regulate frustration for requesting authorities … make this system work.” the modalities and conditions for which such cooperation can be provided. made worse by complicated bank secrecy Echoing Burniat’s call for implementing laws, laws in those jurisdictions where assets Mohammed Ndifuna, executive director Protection and support of victims and wit- are likely to be located.” Nonetheless, fa- of the Human Rights Network in Uganda, nesses involve a wide range of measures, cilitating freezing and seizing of assets is points to the example of his own country, with relocation of persons being the most vital to victims. As stated explicitly in Ar- where implementing legislation is currently radical. Relocation agreements are crucial ticle 57.3 (e) of the Rome Statute, the per- being discussed. “As a state party, Uganda although difficult to negotiate, often due to manent seizure of assets by an individual should support the Court, in particular in the complex and long-term nature of such convicted of grave crimes would be to “the three ways: domesticate the Rome Statute; commitments and the high standards re- ultimate benefit of victims.” seek to arrest ICC suspects; and conduct quired in terms of the legal framework and investigations at the national level,” he says. the logistical capacity of the state. continued on p. 6

The Monitor No. 38 / May - November 2009 Improving Cooperation (continued from page 5)

Rome Statute system. The report detailed a series of key recommendations—totalling “Uganda should in the first place move fast 66—that provide a concrete framework for action. “Of all the recent ASP documents, to pass the draft implementation bill be- the cooperation report is the most signifi-

icc/asp cause in the absence of domesticating leg- cant for any government official dealing with the Court,” says Cecilia Nilsson Kl- islation, we cannot prosecute grave crimes effner, CICC Hague director and head of nationally.” —Mohammed Ndifuna the legal section. “States must start acting on the clear recommendations in the report 6 with constructive and effective cooperation as a short-term goal, and with a full evalu- “Many more relocation agreements are on the ICC’s credibility waged by support- ation of cooperation issues at the Review needed to ensure the protection of key wit- ers of President Al-Bashir, ICC members Conference as a long-term goal.” nesses,” says ICC Registrar Silvana Arbia. states should speak up forcefully in support “A new modality of tripartite agreements is of the Court and its key role in the fight “At this stage of the Court’s existence, currently being developed to further coop- against impunity. In bilateral meetings states must focus on cooperating with the eration in this area. Here the Court has an with Sudanese authorities, ICC member Court to help ensure its smooth function- agreement with a state that wishes to pay states should call on Sudan to cooperate ing,” says Ambassador Yves Haesendonck, for, and provide technical assistance to, an- fully with the Court.” Prosecutor Moreno- ASP Bureau facilitator on cooperation other state to take on the responsibility to Ocampo also underlines the link between and permanent representative of Belgium relocate a witness.” It is also important to provide protection and support measures for intermediaries, defense counsel and legal representatives “In the case of Uruguay…the because of the danger they may face due to ICC special law strengthened the their association with the work of the Court. country’s legal system and provid- Other forms of bilateral cooperation agreements include enforcement of sentences ed us with tools to redress crimes and interim release of detainees. To secure such agreements has been a continuous using this new legal framework.” challenge for international courts and tri- —Diego Camaño Viera bunals, including the ICC. Building Political Support Political support is an important aspect of cooperating with the Court, and it goes political commitments and arrests. “In to the international institutions in The beyond supporting ICC activities in The the case of the latest arrest warrant issued Hague. For Haesendonck, political and Hague; it also entails continuously uphold- against President Al-Bashir, there can be diplomatic support is important at all lev- ing the Court’s judicial mandate and openly no ‘business as usual.’ In practice, states els. Furthermore, improved communica- stressing a state’s commitment to the ICC should refrain from nonessential contacts tion from the Court about its actual needs through the media, in bilateral contacts, with Al-Bashir, limit diplomatic relations for cooperation, as well as the systematic and through regional and international and avoid attending any ceremonial occa- appointment of an ASP focal point, will fora, particularly the United Nations. sion involving him. Al-Bashir’s personal help guarantee continuity in the ASP’s assets must be traced and exposed. In this work on cooperation. One way to enable this kind of support is way, the international community will iso- Ultimately, the Rome Statute system to designate national ICC focal points who late, marginalize and finally arrest him.” can mainstream a pro-ICC perspective into with its 108 ICC states parties extends to all levels of government and avoid contra- The Role of the ASP more than the Court itself. It includes 108 dictory statements and policy decisions. governments, police forces, sets of pros- In 2007, at its sixth annual meeting in The ecutors, judges, penal codes and teams of Hague, the Assembly of States Parties Other examples of political support are diplomats. Not all of them are asked to co- (ASP) Bureau submitted an important public statements such as those issued by operate with the Court today, but each has blueprint for cooperation. Together with the European Union and some individual the potential to become the weak link in the ASP Plan of Action for achieving uni- states parties on the occasion of the arrest the system tomorrow. The CICC will con- versality and full implementation of the warrant for President Al-Bashir of Sudan. tinue its work to strengthen weak links to Rome Statute, this report constitutes a As noted by Richard Dicker, director of help ensure that the ICC receives the sup- comprehensive checklist for states in their the International Justice program of Hu- port and cooperation that are essential to implementation of, and support for, the man Rights Watch: “In the face of attacks its full and effective functioning. 

The Monitor No. 38 / May - November 2009 Congolese NGOs Call for the Arrest of Bosco Ntaganda cas e s/si t ua

n 31 January 2009, the government of the Democratic Republic Oof Congo (DRC) broke a tradi- tion of constructive cooperation with the International Criminal Court (ICC) by t ions officially refusing to arrest and transfer Bosco Ntaganda to The Hague.

Bosco Ntaganda … remains free despite the 7 issuance of an arrest warrant for him in 2006 for war crimes.

Congolese warlords Thomas Lubanga Dyilo (currently on trial before the Court), Germain Katanga and Mathieu Ngudjolo Chui have been arrested and transferred to the ICC with the cooperation of the Congolese army troops (FARDC) occupy the village of Kirumba (pictured) after pillaging it in a two-day DRC authorities. However, Bosco Nta- attack that destroyed homes and forced many civilians to flee. Credit: Philippe Poupin ganda, former chief of staff of the rebel group Forces patriotiques pour la libéra- been so cooperative in bringing about the tion du Congo (FPLC) remains free de- necessary change that has brought about spite the issuance of an arrest warrant for In a joint letter addressed to Presi- peace that we need to give him the … ben- him in 2006 for war crimes consisting of efit of the doubt… We haven’t forgotten dent Kabila, 51 Congolese NGOs, enlisting and conscripting children under that he’s wanted by the justice system. But 15 and using them to participate actively including the DRC Coalition for the at the same time, we’re telling the justice in hostilities. Subsequently, Ntaganda left system that you’re not going to be in place ICC, called for the arrest of Nta- the FPLC to join Laurent Nkunda’s Con- in the Congo if and when war breaks out.” grès national pour la défense du peuple ganda, on the grounds that “allow- (CNDP), a rebel group operating in the Instead of appointing him to a top posi- ing an indicted person to join the Kivu region (eastern DRC). tion in the Congolese army, purportedly for the sake of peace, many Congolese Congolese army would be an insult In January 2009, following dissension non-governmental organizations (NGOs) within the CNDP, Bosco Ntaganda, who to justice. It would also be an insult insist that President Kabila should have accused Nkunda of blocking the peace arrested Ntaganda and surrendered him to victims if their perpetrator be- process in North Kivu, ousted him as the to the ICC. In a joint letter addressed to head of the armed group. Ntaganda then comes now their protector.” President Kabila, 51 Congolese NGOs, announced his decision to stop fighting including the DRC Coalition for the ICC, the DRC national army and instead of- Court about their binding obligation to called for the arrest of Ntaganda, on the fered his CNDP troops to fight alongside uphold the Rome Statute with integrity. grounds that “allowing an indicted person the army to disarm the Rwandan Hutu to join the Congolese army would be an in- Democratic Forces for the Liberation of “Letting a former warlord go unpunished sult to justice. It would also be an insult to Rwanda (FDLR). Ntaganda’s decision for his heinous actions is one more shame- victims if their perpetrator becomes now prompted DRC President Joseph Kabila ful insult to the memory of those brave their protector.” to appoint him deputy military command- activists who fought impunity.” says Eloi Urwodhi, national coordinator of the er in the Congolese army. For Congolese NGOs, many of whom Bunia-based League for Peace and Hu- stood witness to the atrocities committed During an April interview with the New man Rights (LIPADHO) . “Lasting peace by Bosco Ntaganda, allowing the DRC York Times, President Kabila emphasized requires justice, and this was the decision government to keep him in their ranks DRC’s cooperation with the ICC. “There taken in Rome by 120 states, including the sets a harmful precedent. First, the situa- is no other country in Africa that has co- DRC. Those who took this solemn deci- tion runs the risk of discrediting the Court operated with the ICC like Congo. Out of sion in Rome must not waver in their com- over the long term and thereby empowers the four people at the ICC, four are Con- mitment to ending impunity.”  anti-ICC advocates. Second, it sends the golese. That shows you how cooperative wrong signal to other states parties to the we’ve been,” he explained. “… Bosco has

The Monitor No. 38 / May - November 2009 Protecting Victims at the ICC: Unmet Challenges and Unfulfilled Expectations By Carla Ferstman

key factor that distinguishes the continues to render it impracticable for the needs of local organizations, despite the International Criminal Court OTP, which subjects witnesses with whom vital roles these groups play in enabling A (ICC) from other international- it interacts to different and more grave victims to interact with the different -or ized criminal tribunals is that it can and risks than human rights organizations, gans of the Court. Similarly, victims’ legal does operate during ongoing conflicts. to carry out investigations inside Darfur.” representatives and their local networks, The challenges of accessing witnesses in cases / situations The context of ongoing conflict and inse- especially those coming from the situation Darfur have been further complicated by curity affects the ICC in a number of ways. countries, are currently seen by the Court the issuance of an arrest warrant for Su- It complicates the Office of the Prosecu- as outside of its protection mandate. The danese President Omar Hassan Ahmad tor’s investigations and has an impact on Registry has initiated a Court-wide con- 8 Al-Bashir. In relation to the Democratic its choices of whom to interview as well sultation on “intermediaries”—mainly grassroots organizations that link victims with the Court or otherwise help the Court operate on the ground. Civil society groups, including the Victims’ Rights Working Group have emphasized to the Registry the importance of tackling the question of protection of “intermediaries.” The problems these groups face are real; if in the future they refuse to cooperate with the Court, that would seriously impede the Court’s capacity to act on the ground and might jeopardize Court proceedings as a whole. Victim protection is also a key feature of the courtroom process, as was evident during the first trial of Thomas Lubanga Dyilo on charges relating to the enlist- ment and conscription of children under the age of 15 and using them to participate actively in the hostilities. This trial repre- sented the first time ICC judges had been charged with managing the vulnerabilities of highly traumatized witnesses coming Congolese displaced by the ongoing conflict in the country wait in a food distribution line outside to The Hague to testify. And yet, the first the eastern provincial capital of Goma. Credit: Les Neuhaus/IRIN witness called to testify froze shortly after his testimony began and recanted his statement. Why? He was reminded just before Republic of Congo (DRC), the security Ongoing conflict also affects victims’ he was called to speak that his testimony of victims and witnesses was given by the could potentially (though highly improb- ability to collaborate and engage OTP as a reason to suspend investigations ably) be used against him in national pros- into other crimes potentially committed with the ICC, as well as grassroots ecutions. Worse still, he was left to testify by Thomas Lubanga Dyilo. organizations and others’ ability to in plain view of the accused—his former Ongoing conflict also affects victims’ abil- superior commander with a strong and assist victims on the ground. In the ity to collaborate and engage with the loyal following back home in the DRC. climate of uncertainty that prevails, ICC, as well as grassroots organizations Trial proceedings adjourned for several victims and the organizations as- and others’ ability to assist victims on the days, and additional protective measures ground. In the climate of uncertainty that were put in place. Most importantly, the sisting them have been threatened, prevails, victims and the organizations as- witness was blocked from being viewed forcing some to relocate. sisting them have been threatened, forcing by the accused and the questioning was some to relocate. The Rome Statute makes ordered to be “non-confrontational …[or] clear that not only victims and witnesses pressurizing.” The result was a marked im- as how and where interviews are carried should be protected, but also “others who provement in the demeanor of the witness, out. In relation to the Darfur situation, are at risk on account of testimony given who was then able to provide a contextual- the Office of the Prosecutor (OTP) indi- by such witnesses.” Yet to date, the Court ized, narrative account of his experiences cated in 2006 that the “security situation has been slow to respond to the protection at his own pace and in his own time.

The Monitor No. 38 / May - November 2009 the field; it must rely on the cooperation of grassroots organizations that are help- states and others, including intergovern- ing, or are seen to be helping, victims. The

The states where crimes cas e s/si t ua mental organizations. The states where Court should do more to recognize the are said to have taken place crimes are said to have taken place and risks they face. With two trials underway and where the bulk of the where the bulk of the victims and witness- and several more cases not far behind, four es are located remain insecure by virtue of situation countries, and ongoing analy- victims and witnesses are the continuing conflicts—can they really ses in a range of countries worldwide, the

located remain insecure provide protection? Certain witnesses can Court’s work is moving forward at full t ions and have been relocated to other states, steam. The impact of this work on victims, by virtue of the continuing but not all can be uprooted. More needs witnesses and others working with them conflicts—can they really to be done by the Court in cooperation is real and immediate. Solutions that are provide protection? with local communities, states and oth- effective, immediate and inclusive of all ers to provide complementary measures of actors and scenarios must be agreed upon protection, including temporary internal and implemented without delay.  9 relocation to minimize risks. As an international judicial institution, Carla Ferstman is the director of REDRESS, the capacity of the ICC to positively pro- In addition to the victims themselves, which facilitates the Victims’ Rights Working tect those at risk is limited, particularly in others who face the greatest risks are the Group (www.vrwg.org)

Situations Under Analysis: Update

n addition to the four situations currently under investigation by the In- Iternational Criminal Court (ICC), the Office of the Prosecutor (OTP) is currently analyzing information about a number of countries around the world to determine whether to open an investigation. According to public or official statements of ICC and government officials, the OTP has looked into or is looking into alleged crimes committed in Afghanistan, Chad, Colombia, Côte d’Ivoire, Iraq, Ke- nya, the Occupied Palestinian Territo- ries, South Ossetia and Venezuela. Here is the latest information on some of the situations the Court is analyzing: To view an updated map of the key situations under analysis by the ICC, see http://www.iccnow.org/documents/situationsmap_eng.pdf. To direct questions to the ICC about its situa- Kenya tions under analysis, send an e-mail to [email protected] The OTP is monitoring developments in Kenya following post-election violence between December 2007 and February 2008. Although the Kenya National Commission on Human Rights published a report in August 2008 calling for the creation of a tribunal to try those responsible for the violence, no special tribunal has been created. Former UN Secretary General Kofi Annan, chairman of the African Union-mandated Panel of Eminent African Personalities and the broker of the agreement to end the violence, has said he will give the Kenyan government until approximately the end of August 2009 to set up a tribunal. If it fails to meet the deadline, Annan says he will hand over to the ICC the names of those most responsible for the violence as determined by the Commission to Investigate the Post-Election Violence. Whether to actually initiate an investigation and against whom is the decision of the ICC prosecutor, with the approval of the judges. Palestine/Occupied Palestinian Territories On 22 January 2009, the Palestinian National Authority lodged a declaration pursuant to Article 12(3) of the Rome Statute with the ICC Regis- trar for crimes committed since 1 July 2002. This declaration allows non-states parties to accept the exercise of jurisdiction by the Court. The OTP stated that it will carefully examine all relevant issues related to the jurisdiction of the Court and will determine whether the crimes fall within the category of crimes defined in the Rome Statute, whether there are national proceedings in relation to those crimes, and whether the declaration by the Palestinian National Authority accepting the exercise of jurisdiction by the ICC meets statutory requirements. While the ICC has been studying the issue, the United Nations decided on 3 April 2009 to designate Richard Goldstone, former chief prosecutor of the International Criminal Tribunals for Yugoslavia and Rwanda, head of an investigation team reviewing human rights violations during Israeli’s military offensive in the Gaza Strip from 2008 to 2009.

The Monitor No. 38 / May - November 2009 Sudanese NGOs Stand Up for Justice Despite Threats and Intimidation Following Bashir Warrant By Olivia Bueno

t ions Other organizations have also come under threat. Some have been under strong surveillance. The public threats by the head of the National Security and Intel- ligence Forces, Salah Gosh, to behead or cut off the limbs of those who support the cas e s/si t ua ICC have helped create an environment of threats and intimidation. A number of human rights activists have been forced to 10 flee, and some of them have seen family members detained and questioned about their whereabouts. Student protesters have also reportedly been targeted. In South Kordofan, students pro- testing in favor of the ICC from the United Democratic Forces (a movement aligned with the Sudan Liberation Movement, one of Darfur’s rebel groups) reportedly clashed with militias, leaving a dozen injured. At the University of Khartoum, four students were reportedly arrested for expressing support The Sudanese government has launched a campaign of harassment and intimidation to silence civil for the ICC investigation. society in the aftermath of the Court’s warrant for Al-Bashir.

hen the United Nations Secu- fensive aimed at showing unity and fearless- rity Council referred the situ- ness in the face of increasing pressure. In the In the immediate after- Wation in Darfur to the Inter- immediate aftermath of the decision, the math of the decision, the national Criminal Court (ICC) in March focus has been on responding to the govern- 2005, many Sudanese activists reacted ment’s attacks and there has been little space focus has been on re- with satisfaction. They stressed the fact for detailed consideration of the long-term sponding to the govern- that a solution could not be found without implications of the decision. accountability and looked to the Court as ment’s attacks and there an objective and credible tool for ensuring Cracking down on civil society has been little space for that accountability. In the wake of the ICC decision, it quickly detailed consideration of became clear that the government’s re- When the Court filed its charges in Febru- the long-term implications ary 2007 against Ali Kushyab and Ahmed sponse would be to crack down on dissident Haroun, the same activist community re- voices. A number of national NGOs were of the decision. acted with concern that the charges were dissolved including the Khartoum Centre too limited and that the prosecutor had for Human Rights and Environmental De- velopment, the Amal Centre for the Treat- aimed too low. To some extent, the pros- Targeting humanitarian NGOs ecutor responded forcefully to those con- ment and Rehabilitation of Victims of Tor- cerns when, in July 2008, he accused Su- ture and the Sudan Social Development One of the most drastic and problematic danese President Omar Hassan Ahmad Organisation, and their assets seized in measures taken by the government in the Al-Bashir of war crimes, crimes against the immediate aftermath of the announce- wake of the ICC’s announcement was the humanity and genocide. ment. These organizations played an indis- expulsion of 13 international humanitar- pensable role in monitoring and responding ian NGOs. Although NGO officials were One might have expected that the activist to human rights and protection issues in given a variety of technical and admin- community would react with jubilation, or Sudan, including in Darfur. They provided istrative reasons for the closures, it was at least satisfaction, when the pre-trial cham- legal aid, psychosocial counselling, and le- clear from the context that the action was ber issued an arrest warrant against Presi- gal analysis to parliament. intended as retribution for the ICC deci- dent Al-Bashir on 4 March 2009. Instead, sion. The Sudanese ambassador in New the community has been on the run, both The former staff members of these organi- York, Abdalmahmood Abdalhaleem Mo- literally and figuratively. The government sations have found themselves personally hamad, stated that the organizations had of Sudan has launched a crackdown against targeted. Recently, Mohammed Almajoub, violated their humanitarian mandate in non-governmental organizations (NGOs), the former director of the Amal Centre in ways including, but not limited to, cooper- activists and other independent voices at the North Darfur, was arrested and remains ation with the ICC. On 6 March 2009 he same time as it has launched a rhetorical of- in detention at the time of writing.

The Monitor No. 38 / May - November 2009 promised UN reporters a thick dossier of rity Council, it is pointed evidence, but this has yet to materialize. out, has a particular responsibility to address cas e s/si t ua These organizations provided a vital life- the response to the ICC’s line to Darfurian and other Sudanese charges in Sudan as the civilians. Although there are many more organ that referred the organizations still present in the region, case to the ICC. these agencies together provided more than 50% of the total aid given to the re- Although it seems dif- t ions gion. The consequences of their departure ficult to envision what are likely to be dire. actions the Security Council could take given A way forward the fact that the coun- Activists reacting to the crisis have under- cil appears split about scored the fact that this crackdown is quali- the warrants, advocates 11 tatively different from the regular arrests, have laid out a number harassment and monitoring with which of suggestions, including they had learned to cope. Further, the crisis these: ensure the protec- Sudanese government officials, including the country’s ambassador to the UN holds no signs of abating in the near future. tion of human rights de- (pictured), have issued threats to expel humanitarian and human rights organi- fenders; reestablish the zations for supporting the ICC. Credit: UN Photo There has been huge concern from human flow of humanitarian rights advocates and former staff of hu- aid; constitute a real and In addition, the international community manitarian aid agencies about the popula- inclusive peace process; and avoid a defer- must recalibrate its strategy to incorporate tions to which they had been providing aid. ral of the ICC’s case in Sudan. a pragmatic and principled approach to In an interview with REDRESS, Sudanese the existence of the arrest warrant. This is human rights activist Abdel Monim Elgak The international community needs to re- a tall order, but as Jordan’s Ambassador to says that the backlash against advocates will focus itself on bringing an end to the con- the United States, Prince Zeid Ra’ad Al- ultimately strengthen them, but there is an flict. Although the Security Council and Hussein, recalled recently, Ratko Mladic urgent need for the Court to create “imme- a number of actors have shown a serious and Radovan Karadzic were indicted by diate and long-term measures of protection commitment to resolving the humanitar- and safety, including coordination of advo- ian crisis, they could do much more to the ICTY in 1995 in the darkest days of cacy efforts with regional and international voice concern for agents of domestic po- the Bosnian War, around the time of the human rights groups.” The role of the ICC litical dissent. Serious and sustained en- Srebrenica massacre. At the time it seemed in the country, he says, has been conducive gagement on the situation of human rights that the move would cut off any possibility to the furtherance of justice and the protec- defenders and other dissident voices can of moving forward. Nevertheless the in- tion of human rights in Sudan because it play a vital role in keeping at least a mini- ternational community was able to adjust alone is “challenging the culture of impuni- mal amount of political space open. This its strategy, and the Dayton peace accords ty and bringing the notion of complemen- is vital not only to those directly affected were signed later that year. by the crackdown, but also to the sustain- tarity of Sudanese law to the center of how The same must be done in Darfur. human rights crimes are addressed.” ability of the Comprehensive Peace Agree- ment, which promised not only the pos- Olivia Bueno is associate director of the In- Many are looking to the international com- sibility of autonomy for southern Sudan, ternational Refugee Rights Initiative. munity and in particular to the UN Securi- but also for more inclusive government. ty Council for a strong response. The Secu-

ICC Targets Darfur Rebel Commander for Attack on Peacekeepers On 20 November 2008, International Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo requested that the judges of Pre-Trial Chamber I issue a warrant of arrest against three rebel commanders for war crimes allegedly committed against the African Union peacekeeping forces at the Haskanita base in Darfur, where, on 29 September 2007, 12 peacekeepers were killed and eight wounded. On 17 May 2009, the Court announced that a summons to appear had been issued for Bahr Idriss Abu Garda for war crimes allegedly committed against the African Union peacekeeping forces at the Haskanita military base (Darfur, Sudan). The suspect, who arrived in The Hague on the same day, appeared before the Court on Monday, 18 May 2009. The case is the Court’s third case in its Darfur investigation and closely follows the issuance of an arrest warrant against Omar Hassan Ahmad Al-Bashir, the president of Sudan. “The Court’s decision sends a clear message that it is targeting all parties involved in the conflict,” said Dismas Nkunda, Chair of Darfur Con- sortium. “These developments prove that nobody will be able to hide behind impunity, whatever their role in the conflict, either rebels or those in government,” he added. Coalition for the ICC Convenor William R. Pace also stressed the significance of these developments as “attacks on international peacekeepers constitute a grave threat to the international community’s ability to protect civilian populations and to maintain international peace and security.” On 23 February 2009, the ICC’s Office of the Prosecutor (OTP) indicated that summons to appear would be sufficient since the office received a letter from the commanders in which they expressed their willingness to surrender voluntarily to the Court. 

The Monitor No. 38 / May - November 2009 ICC Judges Point to “Command Responsibility” for Jean-Pierre Bemba for Alleged Crimes in Central African Republic

(MLC), was expected in March 2009. However, instead of con- “It is…urgent for the firming the charges, on 4 Novem- ber 2008 the judges of ICC Pre- Court to intensify its out- Trial Chamber III suggested to reach efforts in CAR to the prosecutor that the evidence cases / situations points to Bemba’s “command re- explain this decision, but sponsibility” rather than to “indi- more generally to explain vidual criminal responsibility.” 12 the role of the Court in The ICC prosecutor had argued the country. ” that Jean-Pierre Bemba is indi- vidually responsible—as perpetrator or co-perpetrator—for sibility. The Pre-Trial Chamber may issue war crimes and crimes against a decision in June 2009 on whether to con- humanity committed in the ter- firm charges against Bemba and send his ritory of the Central African Re- case to trial. public (CAR) in 2002 and 2003. “Although we believe Bemba will be tried, In its ruling, the chamber argued we are disappointed by this decision as it that the prosecutor’s evidence slows down the proceedings and could dis- highlights Bemba’s “alleged fail- courage victims,” said Lucille Mazangue, ure to take measures to prevent lawyer and chair, Association of Female crimes from being committed or Magistrates and member of the CAR Co- to punish those responsible.” This alition for the ICC. “It is thus urgent for finding points to “commander or the Court to intensify its outreach efforts superior responsibility” (Article in CAR to explain this decision, but more 28 of the Rome Statute), rather generally to explain the role of the Court than “individual criminal re- in the country. Many people, including sponsibility” (Article 25) as the high-level officials, are unaware of the role prosecutor originally alleged. of the Court and the importance of the The judges have asked the pros- Rome Statute.” ecutor to consider amending his Women in the Central African town of Kabo, the country’s sole site filing accordingly. On the next stages in the CAR situation, for internally displaced people. Credit: Anthony Morland/IRIN Mazangue added: “This decision of the On 30 March, the prosecutor judges and the debates that took place in submitted an amended docu- he much-anticipated decision con- the courtroom during the confirmation ment containing the charges based on su- firming the charges against Jean- hearing leave many to believe that the perior responsibility as an alternative to, Pierre Bemba, Congolese leader T and not instead of, his individual respon- Court should investigate others as soon as of the Mouvement de Libération du Congo possible in the CAR situation.” 

ICC Suspects Harun and Kushayb: Still Fugitives from Justice wo years ago, on 2 May 2007, the ICC issued arrest warrants for Sudanese Minister of Humanitarian Affairs Ahmad Muhammad Harun and Janjaweed leader Ali Kushayb “By not enforcing the resolu- Tfor war crimes and crimes against humanity allegedly committed in Darfur in 2003 and 2004. Since the issuance of the warrants, the Sudanese government has refused to cooperate with tion referring Darfur crimes the Court and the international community. to the ICC, the Security “The latest arrest warrant issued for Sudanese President Omar Hassan Ahmad Al-Bashir should Council is undermining itself not overshadow the fact that two other warrants for very serious crimes have been issued by the ICC in the Darfur situation,” says Coalition for the ICC Convenor William R. Pace. “Sudan con- and the ICC.” tinues to undermine the authority of the UN Security Council and UN Charter by refusing to arrest and surrender these individuals and by providing them with a safe haven. By not enforcing the resolution referring Darfur crimes to the ICC, the Security Council is undermining itself and the ICC.” The Coalition for the ICC has been calling on the entire international community to support the Court’s work in addressing the situation in Darfur. It is also advocating for the Court to increase its outreach and public information efforts to affected Sudanese communities and other stakeholders.

The Monitor No. 38 / May - November 2009 UNICC Developments at the United Nations UN / ICC

he period from December 2008 to early 2009 marked important de- Tvelopments for the International Criminal Court (ICC) at the United Na- tions. Below are some of the key updates: ICC Prosecutor Briefs UN Security Council 13 On 3 December 2008, ICC Prosecutor Luis Moreno-Ocampo delivered his biannual update to the UN Security Council on the situation in Darfur. In his speech, the prosecutor asked the council for “united and consistent action,” foreshadowing the widely anticipated arrest warrant for Sudanese President Omar Al-Bashir. Speaking about the outstanding warrant for Sudanese Minister of State for Humanitarian Affairs Ahmad Muhammad Harun, the prosecutor said, “[He] is a threat to victims, to the personnel you mandated to the ground, and a direct challenge to the authority of this council.” UN Secretary-General Ban Ki-moon praises outgoing ICC President Philippe Kirsch (right) at a recep- In the ensuing discussion, Libya’s repre- tion co-organized by the CICC. Coalition Convenor William Pace is pictured at left. Credit: CICC sentative noted that the African Union had asked the council to suspend for a year most serious crimes against children and the proceedings initiated by the prosecu- calls upon the international community [T]he UN General Assembly adopted tor in line with Article 16 of the Rome to hold those responsible for violations ac- Statute. In opposition, Costa Rica’s rep- countable, inter alia, through the Court. a resolution on the rights of the child resentative argued for pressure on Sudan Coming Up: ICC Prosecutor’s Next that recognizes the contribution of the to comply with the warrants as a means to Briefing to the UN Security Council ICC in ending impunity for the most ending the suffering in Darfur. In early June 2009, the ICC prosecutor serious crimes against children… UN Security Council Presidential will report to the UN Security Council in Statement on Protection of Civilians in accordance with Resolution 1593, which cil on his activities in the situation in Dar- Armed Conflict invites the prosecutor to update the coun- fur every six months.  On 14 January 2009, the UN Security Council issued a presidential statement adopting a revised aide memoire on the CICC CALLS ON UN OFFICIALS NOT TO MEET AL-BASHIR protection of civilians in armed conflict n a letter addressed to UN Secretary General Ban Ki-moon on 27 March 2009, the Coalition that includes a range of additional mea- for the ICC urged the UN’s top official to support the ICC in Darfur and specifically avoid sures that could be taken by the council, Imeeting with Omar Hassan Ahmad Al-Bashir, the president of Sudan, at the Arab League such as referrals of situations to the ICC. Summit in Doha, Qatar. “…We urge you first and foremost not to meet with a fugitive from jus- During the debate, Mexico emphasized tice,” the letter reads. “If by circumstances out of your control, you end up being in the presence the importance of cooperation between the of President Al-Bashir, it is of the utmost importance that you reiterate to him and to all those council and the ICC. Similarly, Australia present your strong support for international justice and accountability for the crimes committed emphasized the need to end impunity for in Darfur, and encourage him to surrender to the ICC.” gross human rights violations and urged On 12 March 2009, CICC Convenor William R. Pace wrote to the president of the UN General more states to ratify the Rome Statute. Assembly, Miguel D’Escoto Brockmann, in relation to the president’s reported remarks condemn- UN General Assembly Resolution on ing as politically motivated the ICC decision to issue an arrest warrant against Al-Bashir. The the Rights of the Child open letter pointed out that Brockmann’s comments stood in direct opposition to the very ideals of the body over which he presides and goes against UN Charter principles. The letter implored On 13 March 2009, the UN General As- Brockmann to refrain from casting “doubt about officials and institutions established by the -in sembly adopted a resolution on the rights ternational community that work in close cooperation with the UN, and which more than half the of the child that recognizes the contribu- UN Member States have committed to support.”  tion of the ICC in ending impunity for the

The Monitor No. 38 / May - November 2009 updateafrica Raising Awareness of the Landmark Lubanga Trial: First Steps and Challenges

In preparation for the trial, the public in- An effective outreach tool has been “ICC

Re gional formation and documentation section of at a Glance,” weekly audiovisual trial sum- the ICC Registry published a two-phase maries. Electronic versions on CD are dis- communications strategy combining pub- tributed by the Court’s field-based staff to lic information and outreach activities. The NGO partners and have been screened in objective of the first phase was to publicize Kinshasa and Ituri. These are also used by 14 the trial, particularly its opening and the the media. “I understand that those pro- Court’s trial process; phase two focused on ducing community radio in French, Swa- making judicial proceedings accessible to hili and Lingala throughout Ituri are using the general public, especially affected com- these materials to complement their work,” munities in DRC. said Wanda Hall, director of Interactive While the strategy is the Court’s alone, a Radio for Justice. Although the summaries range of actors were consulted, including the have been a crucial tool, there is a need to Coalition for the ICC team on communica- develop them further and ensure they are tions. “We were pleased with our exchanges being widely distributed. The Court has with the registry,” said Alison Smith, team supplemented the summaries with town- leader and legal counsel for No Peace With- The Court’s public information and outreach coordinator hall meetings, consultations and listening out Justice. “We are now closely monitoring in DRC, Paul Madidi, speaks to an audience of human clubs in 18 villages throughout Ituri. rights activists at an outreach session in the country. “In the implementation of the strategy.” Ituri where it is hard to get a television signal much less During the trial’s first week, the Court or- In early February, the DRC Coalition’s Bu- electricity, we are focused on radio as the primary vehicle kavu-based South Kivu focal point, Des- for information,” he said. Credit: ICC-CPI ganized face-to-face meetings with target groups in Kinshasa, Bunia and Ituri. A cartes Mponge, met with local coalition n 26 January 2009 at ICC head- screening of the trial’s opening in Bunia for members to assess the court’s communica- quarters in The Hague, Ituri journalists, NGO members and other key tions strategy. In response to participants’ warlord Thomas Lubanga Dy- partners came to an abrupt end for what frustration over the lack of official informa- O some have cited as security reasons. “With- tion being disseminated to the Kivus, the ilo stood trial. Thousands of miles away, victims of the conflict that has ravaged out question, the Court could have fore- Court is building ties with various media Lubanga’s native Democratic Republic of seen this incident,” said Roger Muchuba, groups there. Other plans include face-to- Congo (DRC) stood watch. From day one deputy coordinator for the DRC Coalition face meetings and radio listening clubs. of the ICC’s first trial, the Court has faced for the ICC. “This halted screening car- Although outreach is the Court’s respon- a crucial test of its ability and willingness ried a lot of symbolic value for many in the to reach communities affected by its pro- DRC.” The ICC is looking into the issue to sibility, financial and other support from ceedings but mired in an ongoing conflict. avoid similar incidents in the future. states is vital. Bukeni Tete Waruzi, WIT- NESS program coordinator and eastern DRC native, says: “The Court needs to African States Parties Urged to Strengthen build deeper ties with intermediaries ca- pable of furthering their messages; second, Support for Court in Wake of Al-Bashir Warrant the Court should engage further in a genu- n 19 March 2009, the CICC sent a letter to the heads of the 30 African states that are ine two-way interaction with communities party to the Rome Statute in an effort to address media reports of a growing skepticism most affected by the crimes committed; Owithin Africa regarding the 4 March arrest warrant for Omar Hassan Ahmad Al-Bashir, third, the Court is conflating outreach the president of Sudan. The letter urged African states to sustain their support for the Court “at a with public information. For outreach to time when positive dialogue and involvement by African countries is most crucial.” In particular, be effective, it must be a permanent way of the letter emphasized the following: interacting and must have a much stronger • African membership in the Court exceeds that of any other region; five of the Court’s judges are feedback component.” African, along with the deputy prosecutor, deputy registrar and vice president of the Court. The opening of the second trial inSep- • Three of the four cases currently under ICC investigation were referred by African govern- tember 2009 will soon provide another ments; the Court is also examining situations in non-African countries. test for the Court’s outreach work. “We • The Court is not unfairly targeting Africans but rather trying to obtain justice for African hope and believe the Court will learn from victims of grave crimes. the Lubanga trial,” said Smith. “On the To view the letter, see http://iccnow.org/documents/Africa_Bashir_letter_FINAL.pdf.  ground, victims and the entire community will again be watching.” 

The Monitor No. 38 / May - November 2009 updateAsia

Building Support for a UN Security Council Referral to the ICC for Burma Re gional By Stewart Manley

egal advocates from the Burma Burmese advocates acknowledge that the Lawyers’ Council (BLC) watched path to a UNSC referral will likely be Lwith special interest as the Inter- long and arduous. Until recently, many national Criminal Court (ICC) recently pro-democracy Burmese organizations announced the issuance of an arrest war- expressed concern that an ICC case would rant for Omar Hassan Ahmad Al-Bashir, hamper political dialogue with the regime. the president of Sudan, on charges of war An even more intractable obstacle is the crimes and crimes against humanity. As threat of Chinese and Russian vetoes of an 15 in Sudan, some Burmese human rights ICC referral by the UNSC. “Despite these advocates argue that there is evidence difficulties, we must fight for the victims implicating their country’s leader, Senior of grave crimes in Burma,” said BLC Gen- General Than Shwe, in the commission of eral Secretary Aung Htoo. “The regime’s war crimes, crimes against humanity and current political process will not bring possibly genocide. Also like Sudan, Burma sustainable peace to the country. Previous ASEAN Peoples’ Forum (APF) participants examine has not ratified the Rome Statute, so the and ongoing crimes cannot be left alone. a poster display in support of a petition for the re- only means by which the ICC can open Victims cannot be ignored.” lease of political prisoners in Burma during the annual APF forum held in Bangkok this past February. an investigation in the country is through To strengthen the campaign’s momentum, Credit: Wanrug Suwanwattana a referral by the United Nations Secu- draw attention to the plight of victims and rity Council (UNSC) in accordance with highlight the potential role of the ICC in vocacy strategies for UN Security Council Chapter VII of the UN Charter. Burma, the BLC and the International members and developing a concrete global The BLC and its major partners, Global Federation for Human Rights organized a strategy to achieve an ICC referral. “Two Justice Center (GJC), Network for Human seminar for key Burmese and international years ago this campaign was only an idea,” Rights Documentation–Burma (ND– organizations from 4 to 5 May 2009 in said Htoo. “Now, the tide is turning. Im- Burma) and Women’s League of Burma Bangkok, Thailand on Advancing Human punity for serious crimes in Burma can no (WLB), are currently working on a world- Rights and Ending Impunity in Burma. On longer be tolerated.”  wide campaign to secure a UNSC referral 6 May, the BLC and GJC hosted a strategic Stewart Manley is a staff attorney at the of the situation in Burma to the ICC. workshop that focused on formulating ad- Burma Lawyers’ Council.

ICC Accession an Increased Possibility in Nepal By Bidhya Chapagain

in early March at which Sub- progress in the upcoming winter session.” hash Nemwang, chairperson The civil society delegation at the work- of the constituent assembly, shop, which included some of the par- was the keynote speaker. ticipants from 15 Asian countries who at- Nemwang said the primary tended a regional strategy meeting of the objective of the country’s move Coalition for the ICC, also met key govern- to democracy is to end impu- ment stakeholders. The delegation advised nity and strengthen the rule of the government to immediately accede to law. In July 2006, the House the treaty to make clear that the governing of Representatives called for party’s commitment to justice is real. accession to the Rome Statute “The government is making excuses to but there has since been little abort the bill,” said Subodh Raj Pyakurel, progress. In February 2009, During the Coalition’s Asia Strategy Meeting in INSEC coordinator. “The Maoists and the minister of foreign affairs Kathmandu on 3-4 March 2008, INSEC’s Subodh Raj the Nepal Army fear that they will be in- tabled an accession agenda Pkyakurel calls on his government to accede to the dicted once Nepal joins the Court because Rome Statute. Credit: Bimal Chandra Sharma/INSEC before the cabinet, which said they are together responsible for more it would discuss it at a later than 13,000 deaths during the insurgency. ust over a year ago, national elections stage. “We decided to put an However, the Court’s jurisdiction doesn’t in Nepal ushered in new opportuni- end to impunity more than two years ago,” stretch back to the time before ratification Jties for peace and a sustainable democ- said Nemwang. “The government has been so these fears are unfounded.”  racy. To build on this momentum, Nepal’s doing the necessary preparation, but the ac- Informal Sector Service Center (INSEC) cession proposal has yet to be submitted to Bidhya Chapagain heads the policy and ad- sponsored a national workshop on the ICC parliament. I am hopeful that there will be vocacy department of INSEC.

The Monitor No. 38 / May - November 2009 updateeurope Elevating the Profile of the ICC in Turkey: Three Questions for Coordinator of Turkish Coalition, Özlem Altiparmak

ill Turkey join the Court in along with the CICC, continue to pres-

r e gional 2009? sure authorities by engaging the EU and the ICC along with other relevant inter- WThe accession debate has re- national organizations and actors. The surfaced in the context of closer relations CICC Universal Ratification Campaign, with the European Union. In December targeting Turkey in February 2009, was 2008, the parliament accepted a govern- 16 an important opportunity to refocus the ment draft of the Third National Program debate on ICC ratification, both with the for Turkey for the Adoption of the EU Ac- media and the government. quis, which includes a commitment to ratify, among other treaties, the Rome Statute How has the Turkish coalition countered of the ICC. This development opens new the backlash from the Bashir warrant? prospects for ICC advocates. In February When leading Turkish authorities made 2009, the Turkish coalition met in Ankara public statements in support of Al-Bashir, to discuss strategy and actions with the the coalition sent a letter to Minister of For- Turkish government and parliament, to eign Affairs Ali Babacan calling on Ankara ensure that they act on their commitment to help ensure Al-Bashir’s compliance with to ratify by taking concrete steps forward. the court’s decision, refrain from supporting Özlem Altıparmak spoke out on Turkish television and How can the Turkish coalition keep an Article 16 deferral by the UN Security in leading newspapers to dispel the widespread misin- pressure on the government? Council and cooperate with the Court to formation about the Court that followed the Al-Bashir help execute its outstanding warrants.  arrest warrant. Credit: Turkish Coalition for the ICC It is vital that the Turkish coalition, Council of Europe Adopts Innovative ICC Resolution By David Donat Cattin and Deborah Ruiz Verduzco

n 27 January 2009, the Parlia- Council of Europe’s 47 member states— attempt to exempt certain nationals from mentary Assembly of the Coun- including eight non-states parties to the ICC jurisdiction; and the restriction for the Ocil of Europe (PACE) adopted Rome Statute (Armenia, Azerbaijan, the UN to contribute financially to the ICC. Resolution 1644, which will help ensure Czech Republic, Moldova, Monaco, Rus- Another novelty of the resolution is the rec- improved cooperation with the ICC, uni- sia, Turkey and Ukraine)—to improve ommendation for member states to incor- versality of Rome Statute standards for their support for the Court through mea- porate in their national law relevant Rome the prosecution of grave crimes and en- sures such as adopting the Agreement on Statute standards on victims’ rights to pro- hanced protection of victims’ rights. Privileges and Immunities of the Court, tection, participation and reparations. This making meaningful financial contribu- The resolution was originally tabled in mid- law-reform directive stems from the conclu- tions to the Trust Fund for Victims and 2006 by German parliamentarian Herta sions of PGA’s Consultative Assembly of adopting national legislation to effectively Daubler-Gmelin, a member of Parliamen- Parliamentarians for the ICC and the Rule implement Rome Statute standards. tarians for Global Action (PGA) and now of Law in 2006 and 2008. chair of the Legal and Human Rights Com- One of the most innovative clauses in the Finally, Daubler-Gmelin queried non-states mittee of PACE. The drafting process of resolution includes a request that the coun- parties regarding their reasons for not join- the resolution benefitted from the outcome cil’s secretary general “take up a mediation ing the Court. Responses included those of hearings held in The Hague with the Co- role with the two permanent members of from five non-states parties as well as the alition for the ICC, Human Rights Watch the Security Council of the United Na- United States. In further response to her and Amnesty International as well as with tions, the United States and Russia, to fos- call, 105 out of 107 parliamentarians voted ICC officials. “After three long years, we are ter co-operation with the ICC.” This text, in favor of Resolution 1644, including parlia- pleased to have such a groundbreaking res- introduced by Dutch parliamentarian and mentarians from key non-states parties such olution,” said Daubler-Gmelin. “It greatly PGA member Peter Omtzigt, attempts enhances our capacity to effectively moni- as the Russian Federation and Turkey.  to remedy the flaws of UNSC Resolution tor the ratification and implementation of 1593 through which the Council referred David Donat Cattin is the director and Deb- the Rome Statute, as well as increase coop- the Darfur situation to the ICC. Specifi- orah Ruiz Verduzco is the senior program of- eration with the Court.” cally, the PACE Resolution seeks to rem- ficer of the International Law and Human Among the many strong provisions in edy the absence of modalities of coopera- Rights Programme at Parliamentarians for Resolution 1644 are explicit calls for the tion with the ICC by UN peacekeepers; the Global Action (PGA).

The Monitor No. 38 / May - November 2009 updateLAC By Ana María Díaz

Civil Society Calls for ICC Action in Colombia r e gional

he prosecutor of the Internation- Rome Statute, they have also been real Criminal Court (ICC), Luis moved from the reach of the ICC. …it may be possible that paramilitar- Moreno-Ocampo has personally T In August 2008, following the first 17 ex- ies are being extradited in order to visited Colombia twice as part of his office’s traditions, the media reported that the ICC ongoing efforts to analyze the application of shield from justice those in powerful prosecutor sent a letter to the Colombian the complementarity principle in Colom- government requesting an answer to the fol- political and economic positions who bia. The Colombian Commission of Jurists lowing question: (CCJ), as well as several other human rights How will the prosecution of have participated in crimes under the 17 organizations, believes that the right to jus- those most responsible for crimes under the ju- ICC’s jurisdiction. tice is not being guaranteed in Colombia risdiction of the ICC, including political leaders and that the Office of the Prosecutor should and members of Congress allegedly linked to the demobilized groups, be guaranteed? open a formal investigation there as soon as declarations have taken place in the United possible in order to prosecute grave crimes Colombians are still waiting for the answer States. However, there was no advance no- under the Court’s jurisdiction that are still to that question. Nevertheless, in March tice for either, and they were delayed and re- being committed by all parties involved in 2009, despite the prosecutor’s concerns scheduled without notice, which precluded the internal armed conflict. and the rights of victims, another key victims from participating. paramilitary leader, Éver Veloza García In 2008, the Colombian government ex- The CCJ believes that the Colombian gov- (“HH”), who had confessed in detail to at tradited 17 high-ranking paramilitary ernment is unable or unwilling to admin- least 402 crimes including massacres and leaders to the United States to be pros- ister justice in relation to crimes against selective murders, was extradited to the ecuted on drug trafficking charges. These humanity perpetrated in Colombia. It United States. Veloza García described individuals, according to publicly available also believes that it may be possible that the creation and makeup of paramilitary documents and/or through their own ad- paramilitaries are being extradited in or- groups along with some 2,000 violent acts missions under the government-termed der to shield from justice those in power- implicating members of the police and the “Peace and Justice Law (Law 975),” are ful political and economic positions who military, government officials, and nation- known to have also been involved in crimes have participated in crimes under the al and multinational companies. against humanity. Several have confessed ICC’s jurisdiction. that they acted in cooperation with the There is currently no known cooperation For these reasons, the CCJ and other col- military and the police, and had links with agreement between U.S. and Colombian leagues reiterate their call for the prosecu- state actors including individuals who are authorities that upholds victims’ rights or tor to open an investigation in Colombia currently part of the government. the procedures of Law 975 requiring para- without further delay.  military members to divulge all informa- The extradition to the United States re- tion related to the conflict. Additionally, moved these paramilitaries from the reach Ana María Díaz is the Coordinator of the even though more than one year has elapsed of Colombian justice, and because the Research Group of the CCJ. since the first extradition, only three such United States is not a state party to the

Lima Hosts Strategic Discussion on the Review Conference

More than 100 participants from government, academia and civil society attended a two-day meeting in Lima, Peru, in late February to discuss expectations and challenges regarding the upcoming ICC Review Conference scheduled for 2010 in Kampala, Uganda. The gathering marked the second in the region; a similar exchange occurred in Mex- ico in 2007. Participants reflected on the Court’s work to date; the status of global ratification and implementation efforts; the importance of strengthening cooperation with the ICC; and issues related to the crime of aggression, particularly the UN Security Council’s role in determin- ing whether an act of aggression has occurred. Conference participants (pictured at right) also included ICC officials.

Credit: Pontificia Universidad Católica del Perú

The Monitor No. 38 / May - November 2009 updateMENA Arab Civil Society Shows Support for Al-Bashir Warrant as Governments Cry Foul

he 4 March 2009 arrest warrant however, support for the ICC is growing Activists; Bahrain Center for Human

r e gional issued for Omar Hassan Ahmad among non-governmental organizations Rights; Bahrain Human Rights Society; TAl-Bashir, the president of Sudan, (NGOs) and civil society. Mohammed Cairo Institute for Human Rights Stud- was followed by waves of uncertainty in the Al-Khawaldeh of the Adeleh Center for ies; Damascus Center for Human Rights Arab and Islamic world. Governments and Human Rights Studies, a Jordanian mem- Studies; and the Moroccan Center for regional organizations pointed to concerns ber of the Coalition for the ICC, asked Human Rights. 18 over national sovereignty given Al-Bashir’s in Jordan’s Saraya News, “[W]hy didn’t In addition, on 20 March 2009, NGOs status as a sitting head of state. [President Al-Bashir] proceed with trials in the Middle East/North Africa region and open investigations and create spe- This trend highlights the lack of states joined the International Federation of cial courts until after the ICC opened the parties in the Human Rights (FIDH) in condemning case on Darfur?” Abdul Karim Jassem Bin region that Sudan’s expulsion of international NGOs Haider of the Kuwait Lawyers Associa- can defend the and called for cooperation with the ICC. tion and the Kuwaiti Coalition for the ICC Rome Statute, These NGOs included the Egyptian Or- said, “For the last six years, Al-Bashir’s including the ganization for Human Rights, Egyptian regime has squandered every available op- principle that Initiative for Personal Rights, and the portunity to demonstrate the political will no one is above Committee for the Defense of Democracy to put an end to the ongoing crimes against the law and that Freedoms and Human Rights in Syria. the Sudanese people in Darfur.” the UN Securi- There are currently 11 national coalitions ty Council may The Cairo Institute for Human Rights for the ICC in the MENA region, with refer situations Studies decreed 4 March 2009 a “historic around 240 CICC member organizations. to the Interna- day for justice.” The Arab Coalition for the Working together, and in solidarity, NGOs tional Criminal International Criminal Court stated that and civil society in the MENA region are Court (ICC) the arrest warrant is the “beginning of a pledging their commitment to internation- as part of its new stage where head of state immunity al justice and to ending impunity in the face mandate to does not protect those accused of the most of opposition from their governments. maintain inter- serious crimes, such as war crimes and national peace crimes against humanity.” In striking contrast, Arab governments have and security. been vocal in their criticism of the Court’s Justice for Darfur issued a statement of As a result, the decision, though privately acknowledging support for the ICC, calling the warrant ICC has been human rights abuses in Darfur. “a major step towards justice for victims in “Questions about the International an easy target Darfur.” Signatories from the Arab world Algeria, Egypt, Lebanon, Libya, Mau- Criminal Court,” a booklet in Arabic, of criticism by included the following: Arab Center for ritania, Syria and Yemen, among other is one tool of the Lebanese Coali- governments in tion’s yearlong ‘End Impunity Now’ the Independence of the Judiciary and Arab governments and political parties, the region. campaign. Credit: Lebanese Coali- the Legal Profession; Arab Coalition for have officially voiced support for Presi- tion for the ICC On the ground, Darfur; Arab Program for Human Rights dent Al-Bashir. 

Regional Media Training on the ICC in Beirut rom 12 to 13 March 2009, international and regional non-governmental organizations (NGOs) met in Beirut with around 25 journalists from Lebanon, Bahrain, Jordan, Qatar and other Arab states to conduct a training workshop on the International Criminal Court (ICC). FOrganized by Lebanon-based NGO Justice Without Frontiers (JWF), the workshop focused on the role of the media in promoting a culture of accountability in the region. The workshop brought together journalists, lawyers, local NGOs, UN and ICC officials, and government representatives, among others. -Dur ing this time, Lebanon served as the March target country for the Coalition for the ICC’s Universal Ratification Campaign (URC). “Lebanon must fulfill its obligations to end impunity given its commitments to international human rights treaties,” said JWF Director Brigitte Chelebian, as part of the URC call. “Lebanon played an important role in the creation of the Rome Statute, and we urge officials to show leader- ship in the Arab world by joining the Court now.” The call to end impunity is particularly relevant in Lebanon, which has endured a 25-year long civil war, numerous invasions and a military occupation. The training came less than two weeks after the official opening of the Special Tribunal for Lebanon, which was established to investigate the assassination of the late Lebanese Prime Minister Rafik Al-Hariri. 

The Monitor No. 38 / May - November 2009 regionalhighlights

Africa r e gional

Uganda—The CICC held its biannual Africa Regional Strategy Meet- ing for members from 27 to 29 May in Kampala. During the conference, special focus was placed on how to build civil society participation in situation countries, how to improve the perception of the ICC in Africa, and how to develop strategies for cooperation, ratification and implementation of the Rome Statute on the continent. Democratic Republic of Congo—From 27 to 28 March in Kinshasa, Parliamentarians for Global Action (PGA) hosted an interactive parliamentary seminar on the ICC that provided an opportunity for NGO 19 representatives to correct misconceptions regarding the Court and its mandate. The seminar encouraged parliamentarians to move forward with implementing important components of the Rome Statute into national legislation during the current parliamentary session. Asia/Pacific

Malaysia—On 11 February, government officials speaking at the UN In the Democratic Republic of Congo, members of the Women’s Human Rights Council’s Universal Periodic Review stated that “Ma- Media Association of South Kivu co-organized a march through the laysia has undertaken a detailed study and held consultations to study streets of Bukavu on International Women’s Day (8 March 2009). Cred- it: Women’s Media Association of South Kivu the legal implications arising from the provisions of the Rome Statute. Despite several concerns, Malaysia is fully committed to the principles The Hague—In March 2009, the CICC facilitated consultative meet- and the establishment of the ICC and their integrity.” ings between its members and ICC officials from the presidency, the Nepal—From 3 to 4 March, the CICC held its Asia Regional Strategy prosecutor’s office and the registry. The coalition sponsored seven meeting in Kathmandu, bringing together more than a dozen of its most NGO participants including experts from the CAR, DRC, Nigeria, active members in the region as well as international members and CICC Sudan and Uganda. Consultations focused on a range of topics includ- Secretariat staff to refine strategies around ratification and implementa- ing investigations, victims’ issues, outreach, cooperation, legal repre- tion as well as to discuss ICC campaign actions and efforts for 2009. sentation, and protection of witnesses and intermediaries. Latin America/Caribbean Chile—On 7 April, the Chilean senate approved a bill on genocide, war crimes and crimes against humanity, marking a crucial step toward ratification of the Rome Statute. The adoption of legislation for ICC crimes was established domestically as a precondition for Chile to join the ICC . Subsequently, the senate approved a constitutional amendment recognizing the ICC’s jurisdiction on May 19 and was followed by the Chamber of Deputies’ approval the next day. Chile’s Constitutional Court had deemed the amendment necessary for ICC membership back in 2002. Deposit of Chile’s instrument of ratification is expected shortly. El Salvador—In April, CICC member the Commission of Human On 12 February 2009, the Coalition for the ICC issued a press release Rights of El Salvador called on President-Elect Mauricio Funes to join to mark International Day Against the Use of Child Soldiers (Red Hand the ICC and strengthen the rule of law. Day) in commemoration of the Optional Protocol to the Convention on the Rights of the Child, which bans the use of child soldiers. The Middle East/North Africa ICC establishes individual criminal responsibility for those who recruit and use children in hostilities. Credit: Russ Kuhner, CICC Egypt—From 15 to 18 January in Cairo, the International Institute of Higher Studies in Criminal Sciences (ISISC) hosted the Arab Region- Europe al Conference, Fighting Impunity, Promoting International Justice and the ICC, at the League of Arab States. About 180 participants represent- Georgia—The Human Rights Centre in Tbilisi, Georgia in collabora- ing 18 Arab countries met to support the ICC in the Arab world. tion with the Coalition for the ICC is launching a May to June public Bahrain—From 15 to 17 March in Manama, legislators and civil soci- awareness campaign about the Court that targets civil society, the me- ety actors from Bahrain, Egypt, Morocco, UAE and Yemen met under dia and the general public. Activities include a radio series, a round- the auspices of Parliamentarians for Global Action to discuss the role table meeting with NGOs and a primer for journalists on how to ac- of Arab states vis-à-vis the ICC. ASP President Christian Wenaweser curately report on the Court.  participated along with a representative from the prosecutor’s office.

The Monitor No. 38 / May - November 2009 20

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