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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 jus- tice. 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 chal- lenge 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 chal- lenge goes far beyond arrest and surrender; the ICC relies on all states, along with mul- tilateral organizations, for practically every step it takes. It is therefore up to the inter- national 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 out- side 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 sup- port 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 The Note from the Convenor One might have expected that the Sudanese activist community would react ION T MONITOR with jubilation, or at least satisfaction, when the pre-trial chamber issued an C Journal of the Coalition for the International Criminal Court arrest warrant against President Al-Bashir on 4 March 2009. Instead, the com- E Issue 38: May - October 2009 munity has been on the run, both literally and figuratively. The government Views expressed here are those of the author and not necessarily those of the CICC Secretariat, our of Sudan has launched a crackdown against non-governmental organizations members or our funders. Articles without a byline have been written by CICC Secretariat staff. (NGOs), activists and other independent voices at the same time as it has CICC Secretariat launched a rhetorical offensive aimed at showing unity and fearlessness in the ORIAL S William R. Pace Convenor, New York and The Hague face of increasing pressure. In the immediate aftermath of the decision, the focus T Tanya Karanasios Program Director, New York has been on responding to the government’s attacks and there has been little Brigitte Hamadey Program and Membership Outreach Associate, New York space for detailed consideration of the long-term implications of the decision. EDI Maaike Matelski Program Officer, The Hague Olivia Bueno of the International Refugee Rights Initiative sums up in 2 Communications Section one paragraph the national and international reaction and dilemma that Anaga Dalal Head of Information and Communications, New York resulted from the International Criminal Court’s arrest warrant for Omar Linda Gueye Senior French Communications Officer, New York Hassan Ahmad Al-Bashir, the president of Sudan (see “Sudanese NGOs Spencer Lanning IT Consultant, Austin Stand Up for Justice Despite Threats and Intimidation,” page 10). The Oriane Maillet Communications Officer, The Hague CICC must be extremely mindful of the attacks on our members; national Kattia Ninahuanca Website and Database Developer, New York Mariana Rodríguez Pareja Senior Spanish Communications Officer, and international humanitarian organizations; and African Union (AU) Buenos Aires, Argentina and UN peace personnel. At the same time, we must fiercely strive to pres- Sasha Tenenbaum Communications Officer, New York sure governments, international bodies, including the AU, and the media Peony Trinh Design Manager, New York to focus on the long-term implications of retreating on impunity. The cam- Development Section paign and threats against the ICC by the Sudan Government and other Gabrielle Mertz Director of Development, New York opponents of the ICC and international justice are far more perilous than Kirsten Meersschaert Development and Program Officer, The Hague those waged by Milošević and Taylor and their supporters against the ad Daniel Rees Development Associate, New York hoc and special tribunals. These accused were also heads of governments Sarah Freuden Development Assistant, New York when arrest warrants were issued. In the case of Sudan, the humanitarian, Finance and Administration Section human rights, regional and geo-political dangers are much greater, and the Joseph Bahar Accounting Associate, New York Sudan Government has much greater resources and many more allies. Casey Schepp Accounting and Human Resources Associate, New York The CICC, governments and UN officials must cooperate carefully for Hugo Strikker Administration and Finance Officer, The Hague many months to avoid an international law catastrophe that could require Legal Section years to repair. This issue ofThe Monitor is full of articles taking the “long Cecilia Nilsson Kleffner Hague Director / Head of Legal Section, The Hague term” view: on victims, on the Review Conference, on elections, on the Isabelle Olma Legal Advisor [ICC-ASP Liaison], The Hague new United States Government. Perhaps the most important article is Oswaldo Zavala Giler Legal Advisor [UN-ASP Liaison], New York the cover story on the ASP 2007, “Report on Cooperation,” which many Regional Section CICC members believe is a blueprint for achieving complementarity. Brigitte Suhr Director of Regional Programs, Los Angeles Ata Hindi Outreach Liaison for MENA/Europe, New York Stephen Lamony Africa Outreach Liaison and Situations Advisor, New York Francesca Varda Regional Coordinator for Latin America and the Caribbean; Outreach Liaison for Asia and the Pacific, New York William R. Pace, Convenor of the CICC Julie Hunter Regional Program Assistant, New York Field-based Regional Section Africa About Us Annie Rashidi Mulumba Africa Situations Liaison, Kinshasa, Democratic Republic of Congo The Coalition for the International Criminal Court includes 2,500 Fátima de Camara Lusophone Campaign Advisor, London, United Kingdom organizations around the world working in partnership to strengthen Francis Dako Africa Coordinator, Cotonou, Benin international cooperation with the ICC; ensure that the Court is fair, Asia & the Pacific effective and independent; make justice both visible and universal; and Evelyn Serrano Asia and Pacific Regional Coordinator, Manila, Philippines advance stronger national laws that deliver justice to victims of war Rebecca Lozada Asia Program Associate, Manila, Philippines crimes, crimes against humanity and genocide. Marcelina Valderama Office Assistant, Manila, Philippines Europe The Monitor is the Coalition’s flagship publication. It is distributed Luisa Mascia Europe Regional Coordinator, Brussels, Belgium worldwide in English, French and Spanish, and available online at www. Virginie Amato European Program Assistant, Brussels, Belgium iccnow.org/?mod=monitor Middle East & North Africa Abeer Al-Khraisha Middle East and North Africa Coordinator, Amman, Jordan Contact Us c/o WFM, 708 3rd Ave, 24 Fl Bezuidenhoutseweg 99a, 2594 AC CICCCICC Informal Informal Steering Steering Committee Committee New York, NY 10017 USA
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