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Forum for International Criminal Justice Newsletter: December 2015

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Forum for International Criminal Justice Newsletter: December 2015 Forum for International Criminal Justice Newsletter: December 2015 Welcome to the IAP’s Forum for International Criminal Justice (FICJ) December 2015 Newsletter which focuses on the prosecution of war crimes, crimes against humanity and genocide, including a roundup of video highlights, announcements, reports, commentaries and the major news developments from the past month. This month’s newsletter includes a special report on the recent annual Assembly of States Parties of the International Criminal Court, with highlights of the IAP’s participation; a France24 interview with Ben Ferencz, the last surviving Nuremberg Prosecutor as well as numerous domestic developments. Please note that the items included in this publication do not automatically carry any endorsement from the IAP. *Please have a look at the FICJ forum page on the IAP website and feel free to contribute: the Forum provides individual prosecutors with a password protected space to post news, announcements, etc. and to pose questions to fellow prosecutors from around the world. Your contributions will also be posted in this monthly newsletter. Passwords are provided to IAP members – if you do not have a password, check your membership status by contacting the IAP Office Manager, Evie Sardeman: [email protected]. Danya Chaikel – FICJ Coordinator | email: [email protected] Video Highlights Click here to watch Commemorative '70 Click here to watch a short video on the Years Nuremberg' Lecture. Join Justice the AvisFICJ Fishercommunity: WWW.IAPInternational-ASSOCIATION.ORG/FICJ Criminal Court’s/HOME field (Residual Special Court of Sierra Leone) spoke operations which includes outreach, as 1 about gender crimes and Judge Morrison Followwell asus field on twitter: work of @iaprosecutorsthe Prosecution, (ICC) spoke about the crime of aggression. Defence and representatives of victims. 14th Annual Meeting of the Assembly of States Parties of the International Criminal Court The IAP participated in the ICC’s annual Assembly of States Parties - here are some highlights by Danya Chaikel, FICJ Coordinator, who attended in The Hague Between 18 - 26 November 2015, representatives from the International Criminal Court’s (ICC) 123 States Parties attended the 14th session of the Assembly of States Parties (ASP 14) in The Hague. The annual meeting of the Court’s governing body focuses on important legal, institutional and financial issues facing the ICC. In his introductory remarks, the ASP 14 opened with remarks by the ICC’s three principals, the President of the Assembly, Sidiki Kaba, Registrar, Prosecutor, President as well as the ASP President stated that the four ICC trials expected to run in 2016 alone involve 10,000 victims of atrocity crimes, and that the main Rome Statute beneficiaries remain the victims and affected communities. Among the many pertinent issues raised at ASP 14, one particular agenda item introduced by Kenya received the most discussion by States Parties, Court officials and civil society groups. Kenya sought to review the way ICC judges had applied a new procedural rule to admit prior recorded testimony in a Kenyan case currently being litigated before the Court which implicates Kenya’s Deputy President, William Ruto. In opposition were the ICC President, Prosecutor and Registrar (who co-authored a letter), along with many States Parties from inside and outside Africa, as well as civil society organisations from Kenya and elsewhere, who argued for judicial independence and the separation of powers. The issue arose from the statements of five witnesses, who had previously recanted them in Court or failed to testify, being admitted into evidence in August, amidst witness tampering allegations. Kenya argued that Rule 68 was erroneously applied retroactively, and to the detriment of the accused. While there may be merit to Kenya’s legal argument, the majority of ASP 14 delegations argued that since this issue is currently on appeal, it is sub judice and therefore an issue only the judges may deliberate on. After heated negotiations throughout the eight days, the Assembly decided it would include language on the non-retroactive use of Rule 68 in its final non-binding report summarising discussions held during ASP 14, but did not include it in an official resolution. South Africa had also introduced a controversial agenda item at ASP 14, which focused on legal issues surrounding head of state immunities and its non-arrest of Sudanese President al-Bashir in Join the FICJ community: WWW.IAP-ASSOCIATION.ORG/FICJ/HOME 2 Follow us on twitter: @iaprosecutors June who is wanted by the ICC for war crimes, crimes against humanity and genocide. On this point, the Assembly agreed that there should be further discussion next year on the interpretation of Rome Statute provisions and whether heads of non-States Parties which are referred by the UN Security Council to the ICC are immune from prosecution, and related state cooperation with the Court. During the plenary meetings, and numerous side events, other discussions were dedicated to a range of issues including the Court’s annual programme budget, the election of senior officials, state cooperation and complementarity, the principle under which national prosecutions take precedence in the ICC system. At one side event, ICC Prosecutor Bensouda and Deputy Prosecutor Stewart presented the OTP’s 2015 Report on Deputy Prosecutor Stewart and Prosecutor Bensouda present Preliminary Examination Activities in relation the OTP’s 2015 Preliminary Examination Report at ASP 14 to nine situations . While the OTP has decided not to proceed with an investigation in Honduras, subject to authorisation from the Pre-Trial Chamber, the office will investigate the situation in Georgia. Seven other situations remain under ongoing examination (Afghanistan, Colombia, Guinea, Iraq/UK, Palestine, Nigeria and Ukraine). During ASP 14 deliberations, the Assembly notably expressed its deep concern at the ongoing lack of support by the UN Security Council for investigations and prosecutions arising from referrals to the Court, and called for greater political and financial support from the Council. Finally, States Parties historically agreed to delete Article 124 from the Rome Statute. According to Article 124, new States Parties to the Rome Statute may declare that for a period of seven years after ratification they do not accept the Court’s jurisdiction with regard to war crimes allegedly committed by that State’s nationals or on its territory. Further information: ICC presents annual report to the ASP: strong cooperation, adequate resources and preserving judicial independence are crucial needs Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda: ‘The ICC is an independent court that must be supported’ Daily summaries of ASP 14 prepared by the NGO network, the Coalition for the ICC The Prosecutor of the International Criminal Court, Fatou Bensouda, issues her annual Report on Preliminary Examination Activities (2015) Join the FICJ community: WWW.IAP-ASSOCIATION.ORG/FICJ/HOME 3 Follow us on twitter: @iaprosecutors PSV Network co-hosted ASP 14 side-event The Prosecuting Conflict-related Sexual Violence Network (PSV), which was launched by the IAP in September, co-hosted an ASP 14 side-event together with the embassies of Sweden and Australia, entitled: Strategies for Improving Accountability for Conflict-Related Sexual Violence Crimes – the New PSV Network and Related Issues. Michelle Jarvis (Coordinator, PSV Network and Principal Legal Counsel, ICTY), Holo Makwaia (Trial Lawyer, ICC), Janne Holst Hübner (Executive Director, IAP), Rea Abada Chiongson (Gender Specialist, IDLO) and Priscilla Israel (Assistant Director, Public Prosecutions, Botswana), with Serge Brammertz (ICTY Prosecutor) acting as moderator, discussed the need for specialised mechanisms to improve accountability for conflict-related sexual violence including professional associations and other strategies for fostering peer-to-peer support among practitioners in this area. New Africa Group for Justice and Accountability launched The Africa Group for Justice and Accountability was launched on 23 November 2015, at an ASP 14 side-event. The independent Group is comprised of senior African experts on international criminal law and human rights, including political figures, members of international and domestic tribunals, and human rights advocates. The Group’s objective is to support efforts to strengthen justice and ICC President Silvia Fernández announces the launch of the accountability measures in Africa through Africa Group for Justice Accountability at ASP 14 domestic and regional capacity building, advice and outreach, and enhancing cooperation between Africa and the ICC. Join the FICJ community: WWW.IAP-ASSOCIATION.ORG/FICJ/HOME 4 Follow us on twitter: @iaprosecutors The members of the Africa Group for Justice and Accountability are: Femi Falana (Nigeria) Human rights activist and lawyer Hassan Bubacar Jallow (Gambia) Chief Prosecutor at the International Criminal Tribunal for Rwanda (ICTR) and International Residual Mechanism for Criminal Tribunals Richard Goldstone (South Africa) Former Chief Prosecutor of (ICTR) & former Yugoslavia (ICTY) Athaliah Molokomme (Botswana) Attorney General of Botswana Betty Kaari Murungi (Kenya) Independent Consultant on Human Rights & Transitional Justice Mohamed Chande Othman (Tanzania) Chief Justice of Tanzania Navi Pillay (South Africa) Former UN High Commissioner for Human Rights Fatiha Serour (Algeria)
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