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COALITION CAMPAIGN on ICC ELECTIONS Civil Society Committed to Ensuring Fair and Transparent Elections

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COALITION CAMPAIGN on ICC ELECTIONS Civil Society Committed to Ensuring Fair and Transparent Elections The ISSUE NO. 42: MAY TO MONITOR OCTOBER 2011 Journal of the COALITION FOR THE INTERNATIONAL CRIMINAL COURT COALITION CAMPAIGN ON ICC ELECTIONS Civil Society Committed to Ensuring Fair and Transparent Elections 2011 AND 2012 will be marked by a significant change in the leadership of the International Criminal Court (ICC). On 12-21 December 2011, the Assembly of States Parties (ASP)—the Court’s governing body—will elect six new judges and a new prosecutor. Elections will also be held for a new ASP president, two vice presidents, 21 members of the Bureau (the ASP’s executive committee) and six mem- bers of the Committee on Budget and Finance. The Court will in turn hold elections for the positions of ICC presi- dent and vice presidents in early 2012. These are the most important elections in the Court’s histo- ry since the inaugural elections in 2003, and they will have an important impact on the work, credibility and legacy of The first bench of ICC judges was elected in February 2003 and sworn in at a the Court and the Rome Statute (RS) system for the next ceremony hosted by the government of the Netherlands in The Hague on 11 March decade. “The direction and success of the Court is deter- 2003. Six new judges and a new prosecutor will be elected in December 2011 by mined not only by the cooperation it receives or the finan- the Assembly of States Parties. Credit: ICC-CPI cial resources allocated to it, but by the prosecutor that carries out its investigations and the judges that adjudicate urges all non-party states to ratify the RS immediately so its cases,” said William R. Pace, Convenor of the Coalition. that they may participate in these crucial elections. The 2011 elections will coincide with the conclusion of the In December 2011, the Assembly will elect six new judges first ICC cases, as well as the near-conclusion of the man- to fill the positions left by outgoing judges Fatoumata Dem- dates of the ad hoc and special tribunals—all of which will bele Diarra (Mali); Elizabeth Odio Benito (Costa Rica); certainly impact the ICC. In this context, the importance Sir Adrian Fulford (United Kingdom); Sylvia Steiner (Bra- of holding independent, transparent, fair and merit-based zil); David Ntanda Nsereko (Uganda); and Bruno Cotte elections cannot be overemphasized. States parties to the (France), in order to complete the 18-judge bench. The cur- RS therefore have the responsibility of nominating the rent bench is composed of 11 women and seven men rep- most highly qualified candidates through a transparent resenting the different regions of the world, as well as the and vigorous process, which should include broad consul- different legal systems, and is divided among 12 experts on tations with civil society, legal experts and other actors. criminal law and procedure (who fall within the category established by the RS as “List A”) and six experts on in- Promoting Fair and Transparent ICC Judicial Elections ternational law, including international humanitarian law According to the RS—the Court’s founding treaty—ICC and international human rights law (“List B”). judges are chosen “among persons of high moral character, In order to guarantee that the composition of the bench impartiality and integrity who possess the qualifications meets these conditions (gender and regional representa- required in their respective states for appointment to the tion, background in criminal or international law, and highest judicial offices” (Article 36(3) of the RS). All can- representation of the world’s different legal systems), the didates must be nationals of a state party, and only states ICC judicial elections are subject to minimum voting re- parties can vote in the elections. The Coalition therefore quirements. This means that when casting their ballots in > CONTINUED ON P. 4 The NOTE FROM THE CONVENOR Extraordinary regional and geopolitical developments in the last few MONITOR months underscored that the Rome Statute system, including the Interna- Journal of the COALITION FOR THE INTERNATIONAL CRIMINAL COURT tional Criminal Court (ICC), has become a major actor in peace, security Issue 42: May—October 2011 and global conflict management. The arc of history relative to international Views expressed here are those of the authors and not necessarily those of the justice is astounding and it emphasizes the importance of the ICC elections CICC Secretariat, our members or our funders. Articles without a byline have been written by CICC Secretariat staff. in 2011. Since the last edition of The Monitor, the Coalition has launched a CICC SECRETARIAT global campaign on these crucial upcoming elections. Six new judges, a new William R. Pace Convenor, New York and The Hague EDITORIAL SECTION EDITORIAL prosecutor, a new Assembly of States Parties (ASP) president and six Com- Jelena Pia-Comella Program Director, New York Devon Allison Executive Assistant, New York mittee on Budget and Finance members, among others, will be elected by the Claire Grandison Program Associate, New York Sarah-Jane Koulen Programme Assistant, The Hague ASP in late 2011. The elections campaign aims to promote the nomination of 2 COMMUNICATIONS SECTION the most highly qualified officials to the ICC through fair, merit-based and Oriane Maillet Head of Communications, The Hague transparent processes. The Coalition emphasizes nominations because, even Agustina Bidart Spanish Communications Officer, Buenos Aires, Argentina if we cannot deter the terrible vote-trading practices of governments, hav- Linda Gueye Senior Communications Officer— Francophone Africa, New York ing nominees that are all highly qualified will result in the election of good Niall Matthews Communications Assistant, The Hague leadership to the Court and ASP. The Coalition, as always, will not endorse Peony Trinh Design Manager, New York Dan Verderosa Communications Fellow, New York or oppose any individual candidates; we seek to encourage high principles in Frederic Viennot Website Developer, The Hague the nomination and election processes. DEVELOPMENT SECTION Gabrielle Mertz Director of Development, New York The Coalition stresses that these processes are essential to enhancing the Laura Baber Development Officer, New York Jacob Berkowitz Development Fellow, New York Court’s fair and independent functioning. The campaign also aspires to Krista Hahn Development Associate, New York Daniel Rees Development Officer, New York uphold the Rome Statute principles of a fair, effective and independent FINANCE AND ADMINISTRATION SECTION ICC representative of all of the world’s regions and major legal systems, Robert Giordano Finance Director as well as maintaining equitable gender representation within the Court. Ama Adjare-Nimako Office Coordinator, New York Brahim Lagueb Accounting Associate, New York Activities planned include a global advocacy campaign involving civil so- Spencer Lanning IT Consultant, Texas Samira Mohamed Accounting and Human Resources Associate, New York ciety partners, governments, international/regional institutions and media Hugo Strikker Administration and Finance Officer, The Hague actions. The Coalition has also established an Independent Panel on ICC LEGAL SECTION Judicial Elections composed of esteemed international law experts, repre- Sunil Pal Head of Legal Section, The Hague Matthew Cannock Legal Fellow, The Hague senting legal systems from five different regions around the world. Tobias Hanson Legal Officer, New York Alix Vuillemin Legal Officer, The Hague REGIONAL SECTION Brigitte Suhr Director of Regional Programs, Los Angeles ABOUT US Tania Deigni Regional Program Assistant, New York Ata Hindi Outreach Liaison for MENA/Europe, New York Stephen Lamony Africa Outreach Liaison/Situations Advisor, New York The Coalition for the International Criminal Court includes 2,500 Michelle Reyes Outreach Liaison for Latin America, Caribbean, Asia and the Pacific, New York civil society organizations in 150 different countries working in FIELD-BASED REGIONAL SECTION partnership to strengthen international cooperation with the Inter- AFRICA national Criminal Court; ensure that the Court is fair, effective and Francis Dako Africa Coordinator, Cotonou, Benin ASIA/PACIFIC independent; make justice both visible and universal; and advance Evelyn Serrano Asia and Pacific Regional Coordinator, Manila, stronger national laws that deliver justice to victims of war crimes, Philippines Mae Buenaventura Asia Program Officer, Manila, Philippines crimes against humanity and genocide. Marcelina Valderama Office Assistant, Manila, Philippines EUROPE The Monitor is the Coalition’s flagship publication. It is distributed Virginie Amato Europe Programme Officer, Brussels, Belgium Kirsten Meersschaert Europe Coordinator, Brussels, Belgium worldwide in English, French and Spanish and is available online at AMERICAS www.coalitionfortheicc.org/?mod=monitor Francesca Varda Regional Coordinator for the Americas, Lima, Peru MIDDLE EAST/NORTH AFRICA Abeer Al-Khraisha MENA Regional Advisor, Cairo, Egypt CONTACT US Amal Nassar MENA Program Officer, Amman, Jordan c/o WFM-IGP, 708 3rd Ave, 24 fl Bezuidenhoutseweg 99a, 2594 AC CICC STEERING COMMITTEE New York, NY 10017 USA The Hague, The Netherlands Adaleh Center for Human Rights Studies – Amman, Jordan • Amnesty International Phone: + 1 212-687-2863 Phone: +31-70-363-4484 Asian Forum for Human Rights and Development (FORUM-ASIA)—Bangkok, Thailand Asociación Pro Derechos Humanos (APRODEH)—Lima, Peru • Civil Resource Development Fax: +1 212-599-1332 Fax: +31-70-364-0259
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