The MONITOR Journal of the Coalition for the International Criminal Court ISSUE NO. 34 / MAY-OCTOBER 2007 ICC Prosecutor’s First Darfur Case: Some Tough Challenges Ahead By Géraldine Mattioli**

n 27 February 2007, the prosecutor of the Interna- tional Criminal Court (ICC) applied to Pre-Trial OChamber I for summonses against State Minister Ahmed Harun and Janjaweed militia leader Ali Kushayb, who are alleged to have committed war crimes and crimes against humanity in Darfur, Sudan. Arriving almost two years after the UN Security Council’s unprecedented refer- ral of the Darfur situation to the ICC, the nearly 100-page filing marks the start of the first Darfur case before the ICC. The prosecutor’s much-anticipated announcement was an important first step toward justice for the victims in Darfur. Thousands have endured land and air attacks and watched their villages burn. Many have been killed, tortured, raped or forced to leave their homes. It is estimated that 200,000 Darfurians have died and more than 2 million have been displaced since the beginning of the conflict in early 2003. The ICC prosecutor’s case is the first serious attempt to hold individuals criminally liable for their role in the events Victims from Darfur await food rations at a camp for the displaced. Credit: Darfur Consortium in Darfur. It sends a strong signal that such atrocities will no longer go unpunished. It also tests a different strategy Disappointment at a modest start for the ICC prosecutor, who in other cases (against DRC’s Thomas Lubanga and the leadership of Uganda’s Lord’s Re- Some have expressed skepticism and disappointment at the sistance Army) had sought sealed arrest warrants. prosecutor’s public naming of two suspects for the crimes in Darfur. Why did it take so long? Why only two accused? On 2 May, Pre-Trial Chamber I issued arrest warrants for Kushayb and Harun. The Court held that the prose- Human Rights Watch believes that the prosecutor’s case cutor’s submission establishes “reasonable grounds to be- against Harun and Kushayb is a representative sampling lieve” that the individuals committed the crimes alleged in of crimes in Darfur. The detailed submission of the pros- the filing. The judges found that arrest warrants are nec- ecutor asserts that Harun and Kushayb bear responsibil- essary to ensure the presence of the two suspects in court. ity for 51 counts of alleged war crimes and crimes against In its decision to issue warrants, the Pre-Trial Chamber humanity, including persecution, murders, forcible trans- noted the Sudanese foreign affairs ministry’s public state- fer, rape, inhumane acts, torture, destruction of property ment that Khartoum will not cooperate with the ICC. It and pillaging. The case sheds light on Khartoum’s policy also noted indications that Ahmed Harun is concealing of using Janjaweed militias in Darfur with knowledge that evidence, and the fact that Ali Kushayb is in Sudanese they would attack civilians. According to information col- custody and thus unable to voluntarily appear before the lected by Human Rights Watch, Ahmed Harun, then a Court without a warrant. deputy minister in the Ministry of Interior, coordinated the recruitment and use of Janjaweed militias and was seen At this early stage in proceedings, the first ICC case in Su- in meetings in Darfur encouraging them to “kill the Fur.” dan faces numerous challenges. Ali Kushayb led deadly attacks on a number of villages in CONTINUED ON P. 12

INSIDE: Developments at the Court, Situation country coverage, Regional updates, • Kirsch Visits Guatemala pages 4-10 pages 11-17 pages 18-23 • Gulf Coalitions Score • ASP news • Darfur • Ratification in Africa Victory in Yemen • Special feature on the • DRC • Japan and Indonesia’s crime of aggression • Northern Uganda Path to Accession The United States and the • Gender and the ICC • ICC Support Grows in Europe ICC, page 24 Transitions

n January, the Coalition for the Interna- cate, she brings many valuable skills to our terned at various NGOs, including a human tional Criminal Court (CICC) Secre- organization. She has worked as a program rights organization in Santiago, Chile and Itariat bade farewell to Sally Eberhardt, communications specialist consultant for an immigration and asylum project. the former director of communications. Sally UNICEF, a consulting editor and manag- Anjali Kamat, outreach liaison for the Mid- ing editor for the Center for Reproductive is pursuing freelance work and is currently dle East/North Africa and Europe, is mov- Rights, and an associate editor of interna- working on a documentary film about the ICC ing on to be a producer at , tional news at magazine. Democracy Now ABOUTTHE CICC Ms. with Skylight Pictures. During her two and a her favorite US-based source of news, where half dedicated years at the CICC, Sally con- The CICC also saw Eleanor Thompson she hopes to help improve the coverage and tributed to the CICC’s media strategies and leave in January to accept a fellowship op- understanding of international justice is- advocacy. In particular, she made an impact 2 portunity and travel to Sierra Leone, the sues. During her two years at the Coalition in monitoring the United States’ bilateral im- Democratic Republic of Congo and Uganda Secretariat, with the crucial support of the munity agreement (BIA) campaign and con- to work with local NGOs on child soldier is- MENA team and national members, she tributed to the monthly universal ratification sues. During her time as program assistant, helped launch a quarterly Arabic newslet- campaign. She played a major part in CICC’s Eleanor spearheaded a project to redesign ter, increased Arabic resources, and worked several publications, including The Monitor. our membership database and played an in- closely on developing ratification and out- With the beginning of the New Year, the strumental role in the recent expansion of reach campaigns in Lebanon, Bahrain, Mo- the CICC Steering Committee. rocco, Yemen, Sudan and Iran. CICC welcomed Anaga Dalal as head of information and communications. With al- Brigitte Hamadey, a recent graduate of We wish Sally, Eleanor and Anjali the best most 10 years of experience as a communi- Boston College and a former CICC intern, of luck and we welcome Anaga and Brigitte cations professional and human rights advo- is now the program assistant. She has in- to our team! 

The Regional Coordination Sania Al-Aswadi Middle East/North Africa Technical Support Assistant MONITOR Amal Basha Middle East/North Africa Coordinator Francis Dako Francophone Africa Regional Coordinator Secretariats in New York and The Hague Benson Chinedu Olugbuo Anglophone Africa Regional Coordinator William R. Pace Convenor Fátima da Camara Lusophone Campaign Adviser Tanya Karanasios Program Director Evelyn Serrano Asia/Pacific Regional Coordinator Gloria Ester Catibayan Office Assistant, The Philippines Staci Alziebler Financial Officer Rebecca Lozada Asia Program Associate Zoya Craig Office Coordinator Luisa Mascia Europe Regional Coordinator Anaga Dalal Head of Information and Communications Maria Cavarretta European Campaign Officer Katrina Dorn Accounting and Human Resources Associate Paulina Vega-Gonzalez Latin America/Caribbean Regional Coordinator Linda Gueye French Information Services Coordinator Mariana Rodríguez Pareja Spanish Information Coordinator and Latin America Analyst Brigitte Hamadey Program Assistant Anjali Kamat Outreach Liaison for the Middle East/North Africa and Europe CICC Informal Steering Committee Spencer Lanning IT Consultant Amnesty International Views expressed here are those of the Oriane Maillet Communications and Program Assistant, The Hague Asian Forum for Human Rights and Development author and not necessarily those of the CICC Cecilia Nilsson Kleffner Legal Adviser, The Hague Asociación pro Derechos Humanos Secretariat, its members or our funders. Richard Nsanzabaganwa Outreach Liason for Africa Civil Resource Development and Documentation Centre Isabelle Olma Legal Officer, The Hague Comisión Andina Juristas Current major funding for the CICC is Wasana Punyasena Legal Officer Fédération Internationale des Ligues des Droits de l’Homme provided by: the European Commission, Leila Rachidi Senior Development Officer Human Rights First the Ford Foundation, the John D. and Denis Ramirez Website and Database Developer Human Rights Network - Uganda Catherine T. MacArthur Foundation, and the Governments of Belgium, Finland and Brigitte Suhr Director of Regional Programs Human Rights Watch Esti Tambay Information and Analysis Officer The Netherlands. CICC receives important No Peace Without Justice Peony Trinh Website and Publications Coordinator additional funding from the Foundation Parliamentarians for Global Action Open Society Institute (Zug) and from the Francesca Varda Outreach Liaison for Latin America/Caribbean and Asia/Pacific The Redress Trust governments of Canada, Denmark, Ireland, Erik van der Veen Development and Policy Officer, The Hague Women’s Initiatives for Gender Justice Astrid de Vries Office and Finance Coordinator, The Hague Liechtenstein, Luxembourg, Norway, World Federalist Movement Oswaldo Zavala Associate Legal Officer, The Hague Sweden and Switzerland. CICC Welcomes New Steering Committee Members from Asia, Africa and Latin America CICC THE ABOUT

n 1995, the CICC consisted of 25 mem- Thailand Centre for Human Rights and Democratic ber organizations. Today—with a global • Civil Resource Development and Docu- Development), the International Commis- Imembership of more than 2,000 organi- mentation Centre (CIRDDOC), Enugu, sion of Jurists and the European Law Stu- zations—the Coalition has become a major Nigeria dents Association. • Comisión Andina de Juristas (Andean actor in the global fight to end impunity. To Our members and the CICC Secretariat’s Commission of Jurists), Lima, Peru adequately help steer the Coalition forward international staff are committed to ensuring • Human Rights Network-Uganda (HU- as a truly international movement and to rec- that the Coalition continues to grow, improve RINET-Uganda), Kampala, Uganda ognize the vital role of our member organiza- and become more effective and representative. • The Redress Trust, London, United tions, the governing body of the CICC, the Only a concerted effort by all can lead to the 3 Kingdom Steering Committee, has begun to undergo fulfilment of our key objectives: to end impu- a significant expansion. In September 2006, Phase two of the committee’s expansion will nity for the worst crimes under international the first phase of that expansion took off with continue through 2007 and into 2008 with the law; to encourage all governments to ratify an open call for applications from current goal of fully diversifying the Coalition’s govern- and adequately implement the Rome Statute members. After a lengthy and rigorous re- ing structure to include a fuller mix of national, of the ICC and the Agreement on Privileges view of applications and follow-up consulta- regional, linguistic and other expertise. and Immunities of the Court; and to support tions by a sub-committee of the present com- the Court while advocating for it to effectively In conjunction with expanding the Steering mittee, on 19 January 2007, the following five and impartially carry out its work. groups from Asia, Africa and Latin America Committee, the CICC has created a special were invited to join the Coalition’s Steering emeritus classification for previous members If your organization is not currently in of the committee that have made long-stand- touch with the CICC’s regional representa- Committee: ing contributions to our objectives. The new- tives, we encourage you to contact us. Please • Asian Forum for Human Rights and De- ly appointed emeritus members are Rights visit our website at http://www.iccnow.org/ velopment (FORUM-ASIA), Bangkok, and Democracy (formerly the International ?mod=networks to find out how. 

UPCOMING EVENTS IN 2007 May 2007 14-18 Conference on International Criminal Justice: The conference will focus on the 22-26 “Twenty Years of Criminal Justice Reform: Past Achievements and Future Chal- establishment of the International Criminal Justice system, the legacy of the UN lenges,” conference organized by the International Society for the Reform of ad hoc International Tribunals and the ICC. Turin, Italy. For more information, Criminal Law. Vancouver, British Columbia, Canada. For more information, visit contact: [email protected] www.isrcl.org, or e-mail [email protected]

18-19 International Criminal Bar Council Meeting and Seminar on International Criminal 25 June - Marie Curie Top Summer School for PhD candidates, designed for excellent Law jointly organized by the Law Association for Asia and the Pacific, and the 6 July young researchers of international law. The Hague, The Netherlands. For Japan Federation of Bar Associations. Tokyo, Japan. For more information, visit more information, visit www.grotiuscentre.org, or contact Mette Léons at www.nichibenren.or.jp/en, or e-mail [email protected] [email protected] 21-23 The Transitional Justice Essentials Course, organized by the International Center for Transitional Justice (ICTJ) and in partnership with New York University’s 25 June - Fifth Summer School on International Criminal Law 2007, organized by the School of Law, will focus on transitional justice as well as the intersection be- 6 July Grotius Centre for International Legal Studies and the T.M.C Asser Institute. The tween efforts to achieve justice and accountability and negotiations to ensure Hague, The Netherlands. For more information, visit www.grotiuscentre.org, or sustainable peace. New York, New York, USA. For more information, please go to contact Mette Léons at [email protected] www.ictj.org August 2007 29 May - Summer Program of the Academy on Human Rights and Humanitarian Law, Sixth International Moot Court Competition “Victor Carlos Garcia Moreno”: 15 June co-sponsored by American University Washington College of Law, the Neth- Procedure before the International Criminal Court , organized by El Consejo erlands Institute for Human Rights at Utrecht University (SIM) and the Raoul Latinoamericano de Estudiosos del Derecho Internacional y Comparado. Wallenberg Institute of Human Rights and Humanitarian Law. This unique Mexico City, Mexico. For more information, contact Paulina Hernandez or program offers courses in both English and Spanish. Washington D.C., USA. For Mayan Tejeda at [email protected], or visit www.coladicmx.org more information, please go to http://www.wcl.american.edu/humright/hra- cademy/2007/academy.cfm June/July 2007 More information on ICC conferences and meetings is available on the 11-16 International Criminal Court Summer School is offered by the Irish CICC website at: http://www.iccnow.org/?mod=currentevents Centre for Human Rights and will give students a detailed knowledge of To inform us of ICC-related events, send an e-mail to the establishment of the Court, its applicable law, its structures and its [email protected] operations. Galway, Ireland. For more information, contact Michelle Farrell at [email protected]

The Monitor No. 34 / May - Oct. 2007 Court’s Outreach Budget Spared During Fifth ASP By Esti Tambay

ne question loomed over the fifth annual meeting of the As- Osembly of States Parties (ASP)

ICC/ASP to the Rome Statute of the ICC, which took place in The Hague from 23 No- vember to 1 December 2006: would governments approve the Court’s pro- posed outreach budget? For many of the more than 230 NGO representatives 4 from around the world who attended the meeting, this was a defining issue as they had long been pushing for the Court to be better engaged with affected commu- nities. After many hours of debate, gov- ernment delegates agreed to the Court’s requested outreach budget in full, but also urged the Court to develop a more robust system of evaluation. Statements by various government representatives During an informal meeting convened by Sierra Leone, government delegates, civil society representatives further reflected states’ growing support and international law experts discuss the importance of outreach. for and understanding of the Court’s outreach work. “In many ways, this has in part due to the general debate, which meeting that brought together delegates, been a landmark ASP meeting,” said allowed states to recognize the wide NGOs and other experts who highlight- Alison Smith, coordinator of the Inter- spectrum of the Court’s work beyond is- ed the importance of adequately funding national Criminal Justice Program of the sues on the official meeting agenda. The the Court’s efforts to raise awareness and Rome-based No Peace Without Justice, allocation of extra time for this session understanding of its work and mandate and leader of the CICC’s NGO Team also had a positive impact on the Assem- in situation countries, especially in light on Communications. “We fought hard bly’s deliberations and outcomes, and al- of the Court’s welcomed Strategic Plan to ensure that the Court’s proposed out- lowed smaller delegations to participate for Outreach. reach budget was funded in full, believ- more fully in all meetings, including in- In other business, the Assembly reelected ing strongly that as the Court increases formal sessions thanks to the availability four out of the five members of the board its caseload, it must also be much, much of interpreters. of directors of the Trust Fund for Victims. The nomination period for the candidate “We fought hard to ensure that the Court’s proposed outreach budget was from the Asia regional group was extend- ed five times. Finally, at its resumed session funded in full, believing strongly that as the Court increases its caseload, in January 2007, the Assembly elected the it must also be much, much more savvy and committed to informing com- remaining member of the board, Mr. Bul- munities on the ground of its work. They are ultimately, the Court’s most gaa Altangerel (Mongolia). The Assembly also approved a budget- important audience…” ary resolution on a maximum rate for the highest financial contributors, which hopefully will encourage Japan’s acces- NGOs contributed extensively to the out- more savvy and com- sion to the ICC treaty. A similar caveat comes of the ASP, particularly through mitted to informing exists at the United Nations. The Assem- the CICC’s NGO Issue Teams, provid- communities on the bly also adopted a resolution welcoming ing recommendations to states through ground of its work. the Court’s Strategic Plan (and its other team papers, diplomatic briefings and They are ultimately supporting strategies) and encouraged lobbying by NGO experts. The CICC the Court’s most im- the Court to focus its efforts on its im- also organized various side-meetings portant audience. We plementation. In addition, the Assembly with Court officials as well as regional look forward to the asked that the ICC focus on the lunches with government representatives Alexan- Court’s fulfillment of site—also known as the Al- to discuss efforts related to ratification derkazerne its promise to engage exander Barracks—as the sole option for and implementation. Bulgaa Altangerel (Mongolia) was them in its work.” the Court’s permanent premises. elected to be the fifth member of the Overall, many CICC On the issue of outreach, Sierra Leone, board of directors of the Trust Fund And finally, the Assembly adopted an members deemed the with the support of the CICC Commu- for Victims in January 2007. omnibus resolution, “Strengthening Fifth ASP a success, nication Team, convened an informal CONTINUED ON P. 5 The Monitor No. 34 / May - Oct. 2007 States Parties Appoint New Secretariat Director By Oriane Maillet ICC /ASP ICC uring the resumed session of the challenge we foresee in the coming years,” Fifth Assembly of States Par- he said. Moreover, the Assembly will Dties (ASP) held in New York in have to determine how to carry forward January 2007, the Bureau of the States its plan of action. “The issue of arrears, Parties to the Rome Statute appointed for example, is another challenge before Mr. Renan Villacis the new director states parties,” he stressed. of the Secretariat of the Assembly. Mr. What would he like the ASP to accom- Villacis is a national of Ecuador and has plish by the end of his term as director? been legal officer and interim director for Mr. Villacis has no shortage of answers. 5 the ASP Secretariat since July 2004 and “I hope that the Assembly can become a April 2006, respectively. Prior to join- real forum where ideas can be discussed ing the ASP, he worked for six years as on how to improve the entire ICC pro- third, second and first Secretary of the cess and how to achieve universality,” he Ecuadorean Ministry of Foreign Affairs said. “I would also want to assist in bet- before spending eight years as legal of- ter coordination of the numerous diplo- ficer in the Codification Division of the matic meetings around the world that United Nations Office of Legal Affairs. relate to international justice. Further- Mr. Villacis became involved in the Rome Renan Villacis was appointed the new director more, I think the efforts of the Assembly process early. “The moment when the of the Assembly’s Secretariat during the will also be devoted to expanding mem- Statute was adopted was just a moment resumed fifth session of the Assembly of States bership of state parties, to preparing for of jubilation that is difficult to match in Parties in January 2007. the Review Conference, to increasing most careers,” he said. Now, as the new the awareness of both the existence and ASP director, Mr. Villacis has great ambi- NGOs and especially with the Coalition the importance of the ICC.” Mr. Villa- tions. He would like to improve commu- for the ICC (CICC). “We are more than cis would also like the Court to become nication between the Secretariat and the happy to implement some NGO sugges- a respected, trusted and independent institution. To achieve that, “we have to strengthen our efforts in spelling out “…we have to strengthen our efforts in spelling out exactly what exactly what the Court does and what it represents,” he said. “It has to be seen the Court does and what it represents. It has to be seen as a truly as a truly independent judicial institu- independent judicial institution that is investigating situations tion that is investigating situations in all regions of the world, bringing to The in all regions of the world, bringing to The Hague only those most Hague only those most serious crimes.” serious crimes.” Elaborating on the importance of com- plementarity, he concluded: “the Court should be seen as playing an important Assembly, the Bureau and NGOs. “Now tions as long as they lie within our man- role in assisting states to prevent impu- that the Court has progressed beyond its date and the resources available to us.” nity, but again only as a last resort when initial setup phase,” he added, “we will try Regarding foreseeable challenges in the these matters have not been adequately to improve the services we provide and coming years, Mr. Villacis emphasizes dealt with at the national level. That will the information that is available on our that the ASP must meet the expectations give the Court greater credibility and au- website. We need to improve not only the of the Court, particularly on the matter thority, which will in turn lead to greater amount of information, but its quality.” of state cooperation. “The Court has in- cooperation from states parties.”  On the subject of the NGO community, dicated that it relies upon cooperation by Mr. Villacis noted that the ASP Secre- states parties in order to proceed with the Oriane Maillet is the Coalition Secretariat’s tariat has an excellent relationship with judicial phase; I think that is the main program and communications assistant.

Fifth ASP (Continued from page 4) the International Criminal Court and quarters agreement between the ICC oversight mechanism; and requesting the Assembly of States Parties” (ICC- and the host state; introducing a new the Bureau to continue its work on eq- ASP/5/Res.3), which identifies a num- chapter on cooperation and requesting uitable geographic representation and ber of other essential matters. These the Bureau to address this issue; ask- gender balance.  include the following: implementing a ing the Bureau to start preparing for the draft plan of action on ratification and Review Conference; inviting the Court Esti Tambay is is the Coalition Secretariat’s implementation; approving a draft head- to present proposals on an independent information and analysis officer.

The Monitor No. 34 / May - Oct. 2007 THE CRIME OF AGGRESSION: TAKING A CLOSER LOOK

During the resumed fifth session of the Assembly of States Parties (ASP) held in New York from 29 January to 1 February 2007, the Special Working Group on the Crime of Aggression (SWGCA) held several formal and informal meetings to discuss the definition of the crime of aggression and conditions for the International Criminal Court’s (ICC) related jurisdiction. States expressed their reactions to the chairman’s new Discussion Paper. The meeting was historic for its progress toward agreement on a definition of the crime of ag- ICC/ASP gression and for the open debate that followed, with many states expressing flexibility. Key unresolved issues include the role of the UN Security Council and the specific conduct that qualifies as a crime of aggression by the leaders of a state. The SWGCA will convene again during an intersessional meeting in June 2007 at Princeton University. The CICC interviewed H.E. Christian Wenaweser, permanent representative of Liechtenstein to the United Nations and chairman of the SWGCA, to further understand the progress and challenges with this complicated legal and political discussion. 6 This section also includes views by two CICC members from Africa and the Middle East/North Africa who attended the resumed session. For more information on the crime of aggression, please visit http://www.iccnow.org/?mod=aggression

Interview with H.E. Christian Wenaweser Permanent Representative of Liechtenstein to the United Nations Chairman of the Special Working Group on the Crime of Aggression (SWGCA)

ICC: How would you charac- CICC: What specific progress has been AW: As for the definition of the state terize the recent discussions made on the definition of the crime of act of aggression, the main question is Cby the SWGCA at the resumed aggression so far? Is agreement emerg- whether and how to make use of the fifth session of the ASP? ing on some of the key elements? 1974 definition of aggression provided by the General Assembly in resolution Ambassador Wenaweser (AW): The AW: The question of the definition of 3314. Many delegations stressed that three-day meeting of the Special Work- the crime of aggression can be divided this resolution represented a careful ing Group was the first time since its es- into two areas: First, there is the ques- compromise struck after many years tablishment that the group was allocated tion of how to define the state act of ag- of negotiations. On the other hand, enough formal meeting time to engage in gression, such as a war of aggression. On resolution 3314 contains some rather a substantive debate. I am very satisfied this front, there is a strong trend toward open-ended elements which are difficult that the working group was able to ad- using UN General Assembly resolution to reconcile with the principle of legal- vance the discussions on the basis of the 3314, which provides for a definition of ity. The definition of a criminal offense three intersessional meetings held from aggression, as the basis. Furthermore, it must not be too vague, and it must en- 2004 to 2006 at the Liechtenstein Insti- is likely that such an act would also have able a person to ascertain whether his or tute on Self-Determination at Princeton to reach a certain threshold in order to her conduct would be criminal. We also University. The meeting at the resumed trigger the Court’s jurisdiction. Second, need to resolve the question of how to ASP produced a very substantive report, the conduct of the individual perpetra- ensure that only clear acts of aggression are dealt with by the Court. In addition, “…adding the crime of aggression to the Court’s jurisdiction will be a belat- we still face the difficult question of the “pre-conditions for the exercise of juris- ed, but very strong, signal that the world now has the tools in place to punish diction”—in other words, the role of the those responsible for the supreme crime under international law…” Security Council. CICC: What are the prevailing points of disagreement concerning the role of furthering the discussions with respect tor who is responsible for the state act of the Security Council? to all the main issues. That progress was aggression must be described. There is AW: To a great extent the different views based on a new discussion paper which agreement that only leaders shall be held mirror the same views states parties held I was mandated to draft as chairman responsible by the International Crimi- regarding the relationship between the of the working group, substituting the nal Court. And much progress has been Court and the Security Council during outdated coordinator’s paper of 2002. made on how to describe the conduct of the negotiations that led to the Rome And I could not have wished for a bet- a leader who is suspected of committing Statute. The importance of the inde- ter atmosphere and higher quality in the this crime. pendence of the Court on the one hand discussions than during these three days CICC: What are some of the remain- and the role of the Security Council in in the UN basement. ing obstacles and sticking points? maintaining international peace and

The Monitor No. 34 / May - Oct. 2007 security on the other are addressed in pact of the participation several parts of the Rome Statute. With by non-states parties? respect to the crime of aggression, some AW: Non-states parties states want an even stronger role for the clearly are participating Security Council, compared to the other ICC/ASP more and more actively, crimes under the Statute, because they and I have always encour- see an exclusive competence for the Se- aged their participation. curity Council under the UN Charter This is a welcome develop- to determine the existence of a state act ment, which shows great of aggression. Others still see a primary interest not only in the role for the Council, but want to allow crime of aggression, but other options in case the Security Coun- in the ICC as a whole. I cil does not make a determination. Still of course hope that a suc- other states see no need to provide for cessful conclusion of our 7 special provisions regarding the Securi- work on aggression would ty Council’s role in this regard, but want bring us one step closer to to have the same rules apply to all crimes universal ratification. under the Statute. CICC: What could be CICC: Are there proposals that could the impact of the United break the impasse on controversial is- H.E. Christian Wenaweser (right), permanent representative of the Principality of States’ lack of involve- sues such as the role of the Security Liechtenstein to the United Nations and coordinator of the Special Working Group ment in these discus- Council? on the Crime of Aggression; Ben Ferencz (left), former prosecutor at the Nuremberg sions? AW: During the recent resumed session, war crimes trials; and Roger S. Clark (center), advisor to the Permanent Mission of AW: Since the work- a number of new ideas have emerged Samoa to the United Nations, have contributed to discussions on the definition of ing group is open to all with respect to this question. I think it the crime of aggression. UN Member States, I of is fair to say that the issue is not just dis- course prefer the widest cussed in terms of black and white, but participation possible, and of course the cussions. The outcome of our work will that a range of possibilities is being con- U.S. has a strong interest in the topic. in the end hopefully be what is in the sidered. One such new idea would give Nevertheless, I think that we have a full best interest of the Court. the Security Council the possibility to spectrum of opinions present in our dis- just give the procedural “green light” for CONTINUED ON P. 8 an investigation, rather than having to make the substantive determination that CRIME OF AGGRESSION KEY TO INCREASING an act of aggression has occurred. As the ARAB INVOLVEMENT IN ICC By Brigitte Chelebian** chairman, I am of course very happy to see any ideas which could at some point On 24 March, the Yemeni Parliament voted in anon, Oman, Libya, Iran, Jordan and Egypt. help to reconcile the existing differences. favor of ratifying the Rome Statute. Once the Although the ongoing conflict between Israel We cannot expect any new ideas to lead ratification process is complete, Yemen would and Palestine has cemented Arab skepticism to a quick breakthrough, but the fact that become only the fourth Arab State Party to the ideas are offered makes it clear that peo- Court. National constitutional law in the Arab about the Security Council’s involvement in ple believe in a solution and are actively world coupled with a sometimes limiting socio- the Court’s jurisdiction over the crime of ag- working to bring one about. political environment are two key reasons for gression, regional members of the CICC do this underrepresentation of the Middle East/ not feel Arab states will benefit from boycot- CICC: Do you perceive certain re- North Africa (MENA) region at the ICC. But ting the Court. It is better for Arab states to gional positions to be emerging among also important is the Court’s failure to define participate in the difficult discussions regard- those states participating in these dis- the crime of aggression, which Arab states be- ing aggression than sit by passively as the in- cussions? lieve is committed with widespread impunity ternational community defines a crime with AW: The Special Working Group is in their region. Arab states are also skeptical of tremendous relevance to our region. open to all UN Member States and the UN Security Council’s involvement in the therefore reflects the geographical diver- ICC’s prosecution of the crime, believing that We also urge all states in the MENA region sity of the UN membership as a whole. the Council’s intimate involvement in crimes to accede to the Rome Statute at once. There The discussions in the working group under the ICC’s jurisdiction would politicize can be no progress for us on the crime of ag- do not take place in a political vacuum, the Court and compromise its existence as an gression if we do not accept our responsibil- but there are very few regional positions independent, judicial body. ity to establish our voices at the Court in the and we do not see the regional fault lines first place.  which are often observed. The construc- During the resumed fifth session of the As- Brigitte Chelebian is president of Justice Without tive spirit that has prevailed during this sembly of States Parties, these 12 Arab coun- session and during the intersessional tries participated in discussions concerning Frontiers, which is the coordinator of the Lebanese meetings is remarkable. aggression: the United Arab Emirates, Ku- Coalition for the International Criminal Court. wait, Tunisia, Yemen, Morocco, Algeria, Leb- **Views expressed are those of the author. CICC: How do you perceive the im-

The Monitor No. 34 / May - Oct. 2007 Interview with Wenaweser (Continued from page 7)

CICC: What role have NGOs played CICC: Do you have any concerns re- AW: That would of course depend on and what influence have they had in lating to the Review Conference dis- what definition we end up with. I do be- the discussions about aggression? cussion on aggression? lieve, however, that bringing the crime of aggression under the jurisdiction of the

ICC/ASP AW: Especially since the intersessional AW: What matters most from my per- ICC will have an impact far beyond the process in Princeton, a number of NGO spective is that we soon have clarity on Court’s work, which will in all likelihood representatives have played a very ac- the date and venue of the conference, in continue to be predominantly focused tive role and greatly contributed to the order to plan the road ahead. The work- on the other three core crimes under work of the group. They have submitted ing group has to deliver its results at the Statute—war crimes, crimes against expert papers and contributions which least 12 months prior to the conference. humanity and genocide. But adding the 8 had a tremendous impact on the quality We need to allow enough time for con- crime of aggression to the Court’s juris- of our discussions. Since we will meet in sultations at the political level. diction will be a belated, but very strong, formal sessions more in the future, this CICC: What kind of impact could the signal that the world now has the tools in involvement will have to gain even more adoption of the crime of aggression have place to punish those responsible for the momentum in order to maintain this on the Court’s work and its relationship supreme crime under international law. kind of impact. to other international institutions? CONTINUED ON P. 16

THE ROLE OF THE SECURITY COUNCIL IN PROSECUTING THE CRIME OF AGGRESSION: AN AFRICAN PERSPECTIVE By Chile Eboe-Osuji** The question of what role, if any, that the wars, even in recent times, giving it sole thusiasm to focus upon Africans as accused UN Security Council should play in the authority to trigger the ICC’s jurisdic- persons before the Court, and less enthusi- International Criminal Court’s (ICC) pros- tion over the crime of aggression may en- asm shown toward putting Africans in posi- ecution of the crime of aggression has, quite dorse the prevailing culture of impunity tions of real power in the management of the unsurprisingly, generated heated debate for acts of aggression by leaders of states. Court and its affairs. Indeed, all the cases and among members of Assembly of States Par- The power given to the Security Council situations currently before the ICC are Afri- ties (ASP). The representatives of Austra- under the UN Charter was not intended can. As one African diplomat quipped at the lia and the states who are also permanent for a judicial determination of the ques- resumed session, “the visibility of Africa at the members of the UN Security Council (most tion of aggression for purposes of indi- ICC now seems confined to the dock.” This notably Russia, China, France and the UK) vidual criminal responsibility, it was in- situation of unequal treatment, Africans fear, insist that the Council must have a defin- tended to enable the Security Council to will become formally entrenched if the Secu- ing role on the question of aggression. And take measures to maintain international rity Council is the sole trigger of the ICC’s they insist that the Court ought not exercise peace and security; jurisdiction over the crime of aggression. jurisdiction over the crime without a reso- • As a criminal court, the ICC operates Africans fear that such an arrangement will lution from the Council permitting such an against the standards of proof beyond translate into prosecution of African leaders a reasonable doubt, while the Council exercise of jurisdiction. for the crime of aggression, while Western operates under no known standard of leaders and their allies who do worse may en- Arraigned against this view is the position proof, hence it becomes incongruous to joy immunity from prosecution by the mere shared by Germany and all the African states subject the Court’s functions to those of exercise of veto power by the mostly Western who expressed themselves on the matter. the Council; They make powerful arguments, which tak- • Since the other crimes over which the ICC states who sit as permanent members of the en together amount to these: has jurisdiction do not depend on the sole Security Council. Ultimately, some Africans will argue that it is better to leave the crime of • The ICC is a separate institution from the pronouncement of the Security Council for their prosecution, there is no special aggression out of the Rome Statute altogether United Nations, and there is no institu- than to allow such a state of affairs. tional requirement to subordinate it to the reason to single out the crime of aggres- UN Security Council; sion for such a treatment; and finally, Chile Eboe-Osuji is counsel at the Canadian • The Security Council is a political body • Since the jurisdiction of the International law firm of Borden, Ladner, Gervais, LLP while the ICC is a judicial body. To give Court of Justice over the question of ag- in Ottawa and an adjunct professor at the the Council the trigger of ICC jurisdic- gression does not depend on the prior Faculty of Law, University of Ottawa. He pronouncement of the Security Council, tion is to subject the Court to the political is a former senior legal officer in the Cham- it is incongruous to subject the ICC to whims of the Security Council, thereby bers of the International Criminal Tribunal such a position. undermining the independence and cred- for Rwanda and a former senior prosecutor ibility of the ICC; African states have reason to worry. They at the same Tribunal. He has authored many • Since the Security Council has yet to worry that the ICC is rapidly shaping up to be scholarly articles in international criminal law. employ its Chapter VII power to prevent a court in which there appears to be great en- **Views expressed are those of the author.

The Monitor No. 34 / May - Oct. 2007 Looking Forward to 2009: Key Issues in Preparation for a Successful Review Conference By Oswaldo Zavala-Giler

n just two years, the Secretary General of them. Incidentally, some states and NGOs os relating to the conference’s scope, length ICC/ASP the United Nations will convene the first have said that the Review Conference should and venue. The ASP has in turn asked that IReview Conference of the Rome Statute, be an opportunity to take stock, and not just the Bureau start preparations for the Review the ICC’s founding treaty. This will be a spe- an open call for amending the Statute. Conference, with a focus on issues of proce- cial meeting of ICC states parties to review dure and on practical and organizational is- Currently, discussions about this first con- the Statute along with any proposed amend- sues such as dates and venue. Meanwhile, the ference are focused primarily on technical ments. Although there is yet no clear agenda establishment of informal preparatory meet- issues, such as rules of procedure, finances, for the conference, many believe that the pos- ings before the conference should lead to the timing and venue. In this regard, the CICC sible adoption of the crime of aggression as finalizing of substantive agenda items such as Team on the Review Conference issued a pa- part of the Court’s substantive jurisdiction proposed amendments to the Statute. 9 per recommending that the ASP in its fifth will constitute one of the main points of dis- session start planning for this conference to This first Review Conference will be a crucial cussion. Also, the Rome Statute provides for ensure that procedures, structures and an ad- landmark in the evolution and consolida- the revision of Article 124, an optional proto- equate budget are available in time. tion of the ICC and should serve as an op- col that exempts states from subjecting their portunity to bring together and strengthen nationals to war crimes prosecution by the Similarly, the ASP Focal Point for the Review cooperation among academics, NGOs and Conference, Rolf Fife of Norway, suggested Court for seven years. In addition, the Review government experts. Although this is the assigning to the Bureau Working Group in Conference may take up consideration of ter- first Review Conference of the Rome Statute, New York—whose facilitator is Sivu Maqun- rorism and drug crimes, as recommended at there will be more opportunities to follow up go of South Africa—the task of dealing with the 1998 Rome Conference. and raise other issues at a later stage.  the technical issues as a preliminary phase of As states and NGO representatives begin to the preparations for the Review Conference. Oswaldo Zavala-Giler is the Coalition Secretari- prepare for this milestone, it is important to Mr. Fife also suggested that the ASP Secre- at’s associate legal officer. remember that agreement by a high percent- tariat prepare some basic doc- age of states is required for the adoption and uments, such as draft rules of entry into force of any amendments to the procedure and an explanation Rome Statute. For that reason alone, states of budgetary implications for might be unlikely to push for amendments various hypothetical scenari- unless there is overwhelming support for

BUILDING THE COURT: REGISTRY CONSIDERS ICC PERMANENT PREMISES IN NEW BRIEF By Erik van der Veen The ICC’s Registry is currently developing formation regarding the financ- a functional brief for the future permanent ing, timeline and decision-mak- premises of the Court. The brief will detail ing structure of the permanent what kind of facilities and how many offices premises project. would be needed, both in terms of Court of- The Bureau, which follows up ficials, as well as parties to the proceedings on issues between the ASP’s and the public. In cooperation with an exter- Dorian Boyle is one of several graduate architecture students at annual sessions, will decide nal consultant, the Registry consulted with Columbia University who designed models for the ICC premises. Shown in the coming months if the each of the Court’s divisions and sections to is a model for the courtroom interior. Credit: Dorian Boyle information is sufficient to al- ensure that their requirements for space and low the Court’s host state, the other resources would be taken into account. member organizations raised serious con- government of the Netherlands, to organize The architect, who has yet to be selected, will cerns that the site’s name references the a pre-selection of architects later in 2007. design the premises according to the contents military and that military facilities sur- of the brief. This unprecedented progress on the Court’s round the site. This might create emotional permanent premises is largely due to a reso- difficulties for victims and witnesses, many In January 2007, CICC members provided lution that was adopted at the Fifth ASP in of whom have suffered at the hands of the the Court with input relevant to the function- November 2006. The resolution allowed for al brief to ensure that NGO suggestions and the development of one of three options sug- military in their own countries and would recommendations are included in the premis- gested by the host state, and supported using again be confronted with traumatizing mili- es discussion at the earliest possible stage. The an inactive military site in the northern sec- tary symbols and references at and around draft of the brief was discussed with all of the tion of The Hague commonly referred to as the Court itself.  Court’s organs and with the host state, before the Alexander Barracks. submitting it to the Bureau of the Assembly of Erik van der Veen is is the Coalition Secretari- States Parties (ASP) together with other in- During the fifth session of the ASP, CICC at’s development and policy officer.

The Monitor No. 34 / May - Oct. 2007 Ensuring Justice for Women at the ICC: A Call to Action By Oby Nwankwo

First World War were civilians. By the To date, however, the ICC has not ad- mid-1990s, about 80 percent of the ca- equately investigated crimes against ICC/ASP sualties in conflicts were civilians, most women in the Democratic Republic of of them women and children. In the the Congo, or in Darfur. twenty-first century, women who have One of the difficulties in prosecuting peo- taken no part in conflicts are being mur- ple accused of these grave crimes against dered, raped and mutilated. The situa- women is that survivors of such violence 10 tion in Darfur that has been referred to the Court by the United Nations Secu- are reluctant to come forward to testify rity Council bears witness to this. for fear of reprisals. The ICC must there- fore take appropriate measures to protect Women’s rights in Darfur are freely vio- the safety, physical and psychological lated because of gender-based discrimina- well-being, dignity and privacy of victims tion in the national laws of Sudan. In the and witnesses. The Rome Statute has report of the International Commission taken care of some of the most common of Inquiry on Darfur, incidences of rape procedural and evidentiary rules that were reported to have reached epidemic have traditionally undermined women’s proportions in Sudan’s far western prov- claims of abuse and made trials traumatic ince, a largely semi-desert area the size of experiences for the victims involved. For France. But despite the increasing preva- example, evidence of the victim’s prior or lence of rape, it is virtually impossible to subsequent sexual conduct is inadmissi- convict someone of the crime in Sudan. ble in most cases, and there is no require- Iranian human rights lawyer Shirin Ebadi sounds a call for action in Most people accused of rape end up be- ment that the victim’s testimony be cor- Mumbai, India. In 2003, Ebadi became the first Muslim woman to roborated by another source. receive the Nobel Peace Prize for championing the human rights of ing charged with assault, which carries a women and children. Credit: FIDH maximum jail sentence of one year. This The ICC also has a Victims and Wit- is because proving a case of rape against nesses Unit within its Registry to provide he recognition that rape and oth- an accused person requires the evidence protective measures, security arrange- er forms of sexual violence are of four males who must have witnessed ments, counseling and other assistance among the most serious crimes the actual penetration. It is common for witnesses and victims. The ICC T knowledge that offenses such as rape are under international humanitarian law was therefore offers an alternative avenue for one of many historic accomplishments of not often committed in the presence of- justice to that provided by Sudan for the the July 1998 Conference of Plenipoten- witnesses. The consequence of such dis- women and girls who comprise almost tiaries that negotiated the Rome Stat- criminatory laws is that perpetrators of 90 percent of the victims in Darfur. ute of the International Criminal Court sexual violence escape justice, and this (ICC). The ICC has brought revolution- leads to impunity. This year, the United Nations theme for International Women’s Day was ending ary changes to the status of women in This is why the advent of the ICC is a international law. The hope is that it impunity for violence against women and welcome development, giving the world girls. This was an important and mean- will prevent the failures of earlier inter- hope that the situation in Darfur will be national treaties to delineate, investigate ingful commitment by the international adequately addressed and that the per- community, but hardly enough. As Lou- petrators of sexual violence and other of- ise Arbour, UN High Commissioner for Only 5 percent of the casualties in the fenses against the women of Darfur will Human Rights said on 8 March, “What be brought to justice. we need now is decisive leadership and a First World War were civilians. By the mid- And yet, as the Women’s Initiative for sustained commitment to put an end to 1990s, about 80 percent of the casualties Gender Justice pointed out in its state- this intolerable violence and bring those who perpetrate it to justice.” in conflicts were civilians, most of them ment on 8 March, International Wom- en’s Day, only 32 people in history have The time for promises is over. The time been convicted of crimes against women. women and children. for action is now.  The Women’s Initiative statement goes on to say, “The expectation on the ICC Oby Nwankwo is executive director of and prosecute violence against women in to end this historical impunity is there- the Civil Resource and Development and situations of armed conflict that render fore high and justified as women seek Documentation Centre (CIRDDOC), women particularly vulnerable. accountability through an international which is based in Enugu, Nigeria and is a Only 5 percent of the casualties in the judicial process mandated to prosecute new member of the Coalition Secretariat’s these crimes.” Steering Committee.

The Monitor No. 34 / May - Oct. 2007 CASES/SITUATIONS: SUDAN CASES/SITUATIONS:

Prosecutor’s Announcement Sends Ripples through Sudan By Deirdre Clancy**

he prosecutor’s recent public filing on the situation in Dar- Tfur produced sharp reactions across Sudan. Although many who support the ICC’s work welcomed the first tangible evi- 11 dence that the Court was identifying “those most responsible,” others were disappointed that both the number of suspects and their ranking within the state apparatus was “too low.” Some suggested that with “all the evidence available to the prosecutor,” it was hard to accept that only two persons of mid- rank had been fingered. The prosecutor, it was urged must “prove he is serious” by challenging those higher up in the mili- tary and civilian chain of command. Unrealistic expectations There is a persistent belief among those who look to the ICC for justice that the Court must try, “all those responsible” for crimes in Darfur at the most senior Although the Sudanese government controls the large cities, most of the territory in Darfur is now controlled by various rebel level. The list of 51 suspects in the report groups. Credit: Darfur Consortium by the International Commission of In- quiry on Darfur continues to be cited. At the same time, there is concern that a ground have seen little evidence of prog- Political and civil society response political deal will shield “those at the top ress in the case. Court investigators have Opposition political parties, especially who planned the burning of Darfur.” not been to Darfur. The prosecutor’s in Darfur, were unanimously welcoming regular reports to the UN Security It is hard for many in Darfur to accept of the Court’s action. Abdelwahid Nour, Council echo only faintly, if at all, among the reality of the evidentiary and other the leader of one of the largest factions of the victim populations. And the delay thresholds that constrain the prosecu- the Sudanese Liberation Movement that between the referral decision in March tor’s office when the question of who is did not sign the Darfur Peace Agree- 2005 and the first indications of poten- responsible for the violence is, from their ment, described the announcement as tial indictments by the prosecutor in late perspective, patently clear. the “harbinger of a coming salvation for February 2007 has dampened support Darfur.” He called for the full unfolding When the referral of Darfur to the ICC for the Court. Although the violence of the ICC process. The most prominent was first announced, there were reports diminished in March 2005 with the re- national opposition party, the Umma Party, also broadly welcomed the pros- The decision was seen as a sign of the international community’s ecutor’s move. Other elements of civil society, however, commitment to do something. Since then, the lustre has worn condemned the decision by the prosecu- off as those on the ground have seen little evidence of progress tor in strong terms. In sharp contrast to the Darfur Lawyer’s Committee, the in the case. Sudan Bar Association, claimed that po- litical interference was the impetus for the prosecutor’s presentation and that of jubilation in the camps for the dis- ferral, that is now a distant memory and the judicial system in Sudan was more placed. The decision was seen as a sign the situation on the ground is, in many than ready to try suspects. Student bod- of the international community’s com- respects, worse now than it has been in ies and the Federation of Workers Union mitment to do something. Since then, the past three years. also repudiated the ICC move. the lustre has worn off as those on the 

The Monitor No. 34 / May - Oct. 2007 was ready to trade “bul- Muhammad Harun (himself a judge) is let for bullet and shell for being presented as part of a campaign by shell should [the ICC] dare the international community to under- come into Sudan.” Govern- mine the integrity of the Sudanese legal ment-supported sources and judicial system. have encouraged anti-ICC rhetoric, including vows to Since the outset of the ICC process, the “slaughter” those who help government of Sudan has attempted, deliver Sudanese nationals therefore, to preempt the work of the CASES/SITUATIONS: SUDAN to the Court. Court. First, officials set up a Special Court on the Events in Darfur the very 12 Within the government day after the prosecutor first declared itself, however, there have that he would investigate the situation. been tensions. For in- And the day before the prosecutors’ stance, Presidential As- presentation of evidence, the Sudanese sistant Minni Minawi, Ministry for Justice announced the the leader of the key rebel transfer of the investigation and trial of faction to sign the peace crimes in Dilayj in West Darfur to the agreement, called the Special Court system. prosecutor’s filing a “fes- tive day for Darfur” and Since then, Sudan has initiated a flurry said the named suspects of legal moves to demonstrate that it is should be turned over to taking appropriate action against the two the ICC. The Sudan Peo- people named by the ICC prosecutor: ple’s Liberation Movement Ali Muhammad Ali Abd al-Rahman, also known as Ali Kushayb, and State Women queuing for food at a food distribution center, Kasab camp, North Darfur. (SPLM) reportedly advo- Minister for Humanitarian Affairs Ah- Photo Credit: Marcus Prior, World Food Programme cated for cooperation but urged national trials and mad Muhammad Harun. Mr. Kushayb even mooted the creation had been in detention in Sudan prior to the prosecutor’s public filing. A week lat- The National Congress Party, the ma- of a hybrid Court. er, fresh proceedings before the Special jority party in government, challenged The legal response Courts in El Geneiana were announced the truthfulness of the prosecutor’s in- to have commenced against him and two vestigation and promised to bring the Government spokespeople have held a others. Since that time, however, there erroneousness of the claims to light. The fairly consistent line—the Sudanese jus- have been indications that the trial may Minister of the Interior speaking at a tice system is ready and able to try any have been suspended—some say Mr. Popular Defence Forces rally, described allegations of war crimes and breaches of Kushayb’s repudiation of a plea deal may the presentation as a “grand act by the international humanitarian law in Dar- ICC’s old men and women who are cued fur. In fact the decision of the prosecu- be the reason. by Zionists.” He declared that Sudan tor, including the targeting of Ahmad The second named suspect, Mr Harun, 

ICC Prosecutor’s First Darfur Case (Continued from page 1)

Darfur where, among other things, men were rounded up and sum- Just one week after the prosecutor revealed the names of his first sus- marily executed. pects, the Sudanese government announced the opening of a national trial against one of the two accused, the Janjaweed leader Ali Kush- However, it is hard to imagine that such an organized and wide- ayb. The move against Kushayb appears to be a belated and disin- spread campaign could have been designed and carried out by a junior genuous effort by the Sudanese authorities to keep the ICC at bay. minister without knowledge and consent from those higher up in the Because the ICC is complementary to national judicial systems, it administration. This first case should therefore only be the begin- has jurisdiction only when national authorities are unwilling or genu- ning of the prosecutor’s effort to hold accountable senior figures most inely unable to prosecute serious violations of international criminal responsible for the crimes in Darfur. Human Rights Watch believes law. The Court’s prior jurisprudence indicates that for the case to be that the ICC prosecutor must continue his investigations and bring considered inadmissible before the ICC, national proceedings must to justice those in the highest positions of authority against whom encompass both the person and the conduct that is the subject of the there is sufficient evidence to proceed. This is crucial for justice to be case. Using this standard, the Pre-Trial Chamber found in its initial done and for the Court’s credibility in Darfur. determination on this issue that the case against Harun and Kushayb Challenge to the admissibility of the case appears to be admissible.  The Monitor No. 34 / May - Oct. 2007 CASES/SITUATIONS: SUDAN CASES/SITUATIONS: was defiant, pledging to challenge “like ed out, even though Sudan has not rati- Saddam” the international community’s …national justice must reach fied the Rome Statute, it has signed the temerity, but since early March conflict- instrument, and the referral was made ing messages have been emerging from a threshold of “genuine and through a Security Council Chapter Sudan. The prosecutor general has an- effective” to trump the reach VII resolution. They urged cooperation nounced that Mr Harun will be interro- and a formal admissibility challenge as gated for the second time on war crimes of the Court. To date, it is not the most respectful approach. charges, but the Sudanese president has subsequently affirmed that he will not clear that this standard has The question is whether the ICC’s ac- permit the interrogation, or indeed the been met. tions—the strongest yet by the inter- resignation of his state minister for hu- national community—can trigger real 13 manitarian affairs. change in the Sudanese justice system, or the Court. To date, it is not clear that if fair and effective ICC prosecutions are Strengthening effective national judicial this standard has been met. the key to making a difference? For now, systems, which is the ICC principle of it seems, hope lies in The Hague. complementarity, is certainly a key ob- In this light, Sudan’s recently announced jective of the Rome Statute. But national decision to refuse to cooperate with the Deirdre Clancy is co-director of the In- justice must reach a threshold of “genu- Court is particularly disappointing. As ternational Refugee Rights Initiative. ine and effective” to trump the reach of the Sudan Human Rights Group point- **Views expressed are those of the author.

PEACE AND JUSTICE: THE IMPORTANCE OF ACCOUNTABILITY TO CIVILIAN PROTECTION In late January 2007 at a conference in Cairo about Darfur and in aerial bombardment and Janjaweed attacks on civilians. Those civilian protection, Sudanese, Arab and international NGOs committing the crimes took the ICC investigation seriously. ” as well as representatives of rebel groups repeatedly called for Salih Mahmoud Osman, member of the Sudanese Parliament accountability in Darfur. The need for justice was framed as an and human rights lawyer: “Justice and accountability are essential element of civilian protection and indeed a precondition important elements in the process of providing protection to to political negotiations for peace. survivors in Darfur and preventing further depopulation and In side meetings, several NGO members spoke up: ethnic cleansing. When the names of the 51 people were published in 2005 and soon after the situation was referred to the ICC there Osman Hummaida, human rights advocate and former were no attacks for three months.” director of the Sudanese Organization Against Torture (SOAT): “There is no hierarchy of priorities. We can’t talk about Faisal Al Bagir, media and freedom of expression program protection of civilians without talking about political processes coordinator, SOAT and Khartoum Centre for Human Rights and accountability. Ending the culture of impunity is key to and Educational Development: “Accountability, political peace protection of civilians. After the referral of the crimes in Darfur to processes and civilian protection must all be part of one package the ICC in March 2005, for the very first time, there was a decline for Darfur. There is no contradiction between peace and justice.”

The Sudanese government so far has shown no genuine willingness to Sudanese officials have stressed repeatedly that they will never hand investigate and prosecute persons responsible for the atrocities com- over Sudanese nationals to the ICC whose jurisdiction they refuse to mitted in Darfur. Although the Sudanese Minister of Justice estab- recognize. However, Sudan’s full cooperation is not only essential for lished the “Special Criminal Courts on the Events in Darfur” on the this case, but also for the continuation of the ICC’s investigations in heels of the ICC prosecutor’s public announcement that he intended Darfur. The UN Security Council, and ultimately the international to open investigations into Darfur in June 2005, no senior official has community, must ensure that Sudan adheres to its obligations under been charged for his role in the events. The few cases heard by these Security Council Resolution 1593 and fully cooperates with the Court. courts so far have involved minor offenses, such as theft of sheep. To They should monitor Khartoum’s conduct very closely in the next few preempt ICC jurisdiction, the Sudanese authorities will need to do weeks and be prepared to take strong action if necessary, including tar- significantly better. geted sanctions, should the government of Sudan refuse to execute the What then? From public naming to trial arrest warrants and surrender the accused.  Ensuring the arrest and appearance of Ahmed Harun and Ali Kushayb be- Géraldine Mattioli, international justice advocate, Human Rights Watch. fore the Court will undoubtedly be one of the ICC’s toughest challenges. **Views expressed are those of the author.

The Monitor No. 34 / May - Oct. 2007 ICC Confirms Charges Against Thomas Lubanga: Child Soldiers Case Will Be Court’s First Trial

triots (UPC) and Commander–in– “This decision constitutes an im- Chief of the UPC’s portant first step towards justice military wing, the CASES/SITUATIONS: DRC Force Patriotiques for the victims of war crimes and pour la Liberation 14 du Congo (FPLC) crimes against humanity during in the Democratic the dark periods of armed conflict Republic of Congo. in our country…” “This decision constitutes an im- dermines the prosecution’s initial case, portant first step which based its evidence and reasoning towards justice on an understanding of the conflict as for the victims of solely national. war crimes and crimes against hu- Then Defense Counsel Jean Flamme manity during the also filed a leave to appeal the Chamber’s dark periods of decision. “We are disappointed,” he said. armed conflict in “I am convinced that Mr. Lubanga is our country,” said innocent. We did not have the proper means and time to prepare for the pre- Thomas Lubanga Dyilo, charged as a co-perpetrator of war crimes relating to the enlistment and Christian Hemedi, trial. The participation of victims in the conscription of children under the age of 15 years. Credit: ICC-CPI coordinator of the DRC National confirmation of charges hearing has put a big burden on the defense. We have n 29 January 2007, ICC Pre- Coalition for the International Criminal Court. been confronted with 105 victims’ ap- Trial Chamber I (PTC I) con- plications and we had to reply to each Ofirmed the charges brought by In its decision to move the Lubanga one. We did not have the resources or the prosecution against Thomas Lu- case to trial, the Chamber made sev- time to properly do so.” In February, banga Dyilo, sending his case forward in eral significant determinations. First, Mr. Flamme resigned from the case for what will be the Court’s first trial. Mr. PTC I judged the armed conflict to be personal reasons. In late March, Mr. Lubanga has been charged as a co-per- of an international nature from 1 July Lubanga chose Catherine Mabille as his petrator of war crimes relating to the 2002 to 2 June 2003 due to the pres- new counsel. enlistment and conscription of children ence of Uganda as an occupying power under the age of 15 years. He has also in Ituri. The Chamber said the conflict In its decision, the Chamber also deter- been charged with actively enrolling was localized from 2 June until the end mined that any “active participation in young people in hostilities from 1 Sep- of December 2003. In a leave to appeal, hostilities” refers not only to participa- tember 2002 to 13 August 2003. the Office of the Prosecutor has objected tion in direct combat, but also to com- to the Chamber’s characterization of the bat-related activities. Mr. Lubanga is the alleged founder and conflict, stating that this effectively un- leader of the Union of Congolese Pa- “In its decision, the Chamber seems

THE ROAD TO TRIAL: A TIMELINE OF KEY DEVELOPMENTS IN THE CASE AGAINST THOMAS LUBANGA DYILO

19 April 2004 23 June 2004 19 March 2005 12 January 2006 10 February 2006 14 March 2006 17 March 2006 20 March 2006 The government The prosecutor Lubanga is arrested by The Office of PTC I issues the The Registrar The arrest war- PTC I holds a of the Democratic opens an inves- Congolese authorities the Prosecutor arrest warrant informs Congo- rant is publicly public hearing Republic of Congo tigation into the following the murder (OTP) requests under seal. lese authorities unsealed. Mr. during which (DRC) refers the DRC. of nine Bangladeshi an arrest warrant of the warrant. Lubanga is Mr. Lubanga situation of pos- peacekeepers from for Mr. Lubanga. surrendered to appears before sible crimes on its MONUC in February the ICC and the Chamber soil to the ICC. 2005. Lubanga is held in transferred to and is informed custody in Makala, Kin- The Hague. of his rights shasa, but never formally and the charges charged with a crime. against him.

The Monitor No. 34 / May - Oct. 2007 CASES/SITUATIONS: DRC CASES/SITUATIONS: ICC Confirms Charges Against Thomas Lubanga: Child Soldiers Case Will Be Court’s First Trial

to confirm some interpretations of the “ASF is delighted by this first step in the have been raped and who have suffered Statute that would be favorable to vic- first case before the ICC, and particular- from other crimes as well. This is crucial tims by considering not only the use of ly with the implementation of the Rome because victims feel that the torturers children in active fighting, but also their Statute to protect the rights of victims. of yesterday manage the institutions of participation in other functions such Nevertheless, we consider it regrettable government today.” as guarding military targets or military that the security situation in Bunia does commanders,” said the victims’ legal not make it possible for the victims to 15 representative, Luc Walleyn. reveal their identity to the defense, or The Lubanga hearing represented the the general public. And so, the partici- first time that victims’ voices were heard pation of victims remains limited.” For by an international judicial body, not security reasons, the Chamber refers to only as witnesses, but as active partici- victims by number instead of by name. pants in the proceedings. “The partici- A number of non-governmental organi- pation of victims in the Lubanga pretrial zations from the DRC used the occasion of the Chamber’s decision to call upon the ICC prosecutor to widen the territo- The Lubanga hearing represented rial focus and scope of his investigations, the first time that victims’ voices by looking into crimes committed be- yond Ituri and throughout Congo. “We were heard by an international ju- would also like to remind the prosecu- dicial body, not only as witnesses, tor that it is his duty under the Rome Statute to focus on those individuals but as active participants in the who bear the greatest responsibility in proceedings. the commission of these crimes, with- out taking into consideration their offi- In its confirmation of charges, PTCI determined that engaging cial position, or their influence in public children in active or combat-related activities constitutes a war crime. Credit: HRW hearing was an important event,” said life,” said Mr. Hemedi. Mr. Walleyn. “Although victims could Congolese activists also urged the prose- not access confidential evidence nor at- cutor to investigate the other large-scale tend confidential parts of the hearing, massacres in their country as well as the On 6 March 2007, the ICC Presidency their participation allowed them to air rampant crimes against women. “The constituted its first Trial Chamber, their concerns with a broader public.” charges which were confirmed repre- which was assigned the Lubanga case. It will be composed of Judge Elizabeth As Deputy Prosecutor Fatou Bensouda sent a glimmer of hope,” said Immaculée Odio Benito, Judge René Blattmann and has said, victims’ participation “brought Birhareka from PAIF, a women’s group Judge Adrian Fulford. Pre-Trial Cham- a human face to the proceedings.” Mar- based in Goma. “Everyone is glad to ber I is expected to convene a Status tien Schotsmans, from Belgian NGO have the beginnings of a solution to im- punity in Congo. All the same, we must Conference and set a date for the trial Avocats Sans Frontières (ASF), added:  see justice for the countless women who sometime over the summer.

28 July 2006 28 August 2006 20 October 2006 9-28 November 2006 29 January 2007 30 January 2007 5 February 2007 6 March 2007 PTC I grants OTP files docu- PTC I grants PTC I holds a PTC I confirms The defense ap- The prosecu- Judges three applicants ments containing another appli- confirmation of charges against peals the deci- tion appeals Elizabeth Odio the status of charges against cant the status charges hearing in Mr. Lubanga sion to confirm parts of the Benito, René victim in the Mr. Lubanga. of victim in the the Lubanga case. and sends the charges. decision to con- Blattmann, and case against Mr. case against Mr. case to trial. firm charges. Adrian Fulford Lubanga. Lubanga. are assigned to Trial Chamber I for Lubanga trial.

The Monitor No. 34 / May - Oct. 2007 On the Ground in eastern DRC: Local Reactions to the Lubanga Decision By Bukeni Tete Wazuri**

Impunity is rampant in also feel that Congolese tribunals must the Congo. There are charge perpetrators of crimes that are not dozens of other “Thom- under the ICC’s jurisdiction. All fronts in

CASES/SITUATIONS: DRC as Lubangas” in the the fight against impunity must be active, DRC, so for justice to but as the DRC National Coalition for be fair and impartial in 16 the ICC has made clear, the Congolese our country, these per- national government must act swiftly to petrators must also be fully implement the Rome Statute. prosecuted. Many here feel that moving the case Ajedi-Ka/Project Enfants Soldats, a lo- against Mr. Lubanga cal Congolese organization that works to to trial should improve prevent the use of child soldiers in Uvira, protections for children south Kivu, has said, “The Lubanga case in the whole of DRC. is a decisive step forward in the struggle At the same time, the to protect children from being forcibly recruitment of child sol- recruited as child soldiers, and to combat diers in Ituri and in the the widespread impunity in DRC. But provinces of South and we will have to assess the impact of this In eastern DRC, some fear that Lubanga’s trial will not end the practice of enlisting and North Kivu continues. decision over time. One thing we know conscripting child soldiers. Credit: Ajedi-Ka The use of child soldiers now is that the ICC cannot do this job on is a serious crime, but it its own: it is imperative that local courts hen news struck of the is not the only one be- in DRC also work to end impunity for ICC’s decision to move the ing perpetrated. On a daily basis, armed the practice of recruiting child soldiers Wcase against Thomas Lu- forces in the DRC commit rapes and oth- and other grave violations of human banga Dyilo to trial, reaction in eastern er acts of sexual violence against women rights, including rape and sexual violence Democratic Republic of Congo (DRC) and girls. By arresting and prosecuting against girls, women and boys.” shifted from neutral to positive—and those criminals, the ICC could help fight these equally serious war crimes. Ultimately, expectations of the ICC in Congo are high. The Court must face im- Impunity is rampant throughout the Congo. Nathalie, a 16-year-old former child sol- portant challenges relating to the scope dier from Ituri, had this to say about the of the crimes, the need to investigate There are dozens of other “Thomas Lubangas” Lubanga decision: “I don’t think that crimes in other provinces of the country, violence against children like us will stop the limitations related to victims’ repara- in the DRC, so for justice to be fair and impar- immediately. But the most important tions, the treatment of victims and wit- thing is that there is something to intimi- tial in our country, these perpetrators must nesses, and the endless lack of outreach date those people who keep on harassing also be prosecuted. us. It is already too much. We can’t resist to the DRC population. The Court will them. But I am wondering if Lubanga is have to overcome those problems so that the only one being prosecuted, or if there it can be independent, effective and ben- back again. For those of us in the region eficial to the Congolese people.  who continue to witness atrocities in the are more of them. Will those who com- region, this action by the international mitted killings, rape, also be punished?” Bukeni Tete Wazuri is director of Ajedi- community is welcome, but not enough. Beyond the ICC, many in eastern DRC Ka/Projet Enfants Soldats in eastern DRC. **Views expressed are those of the author.

Interview with Wenaweser (Continued from page 8)

CICC: What are the next steps for you at Princeton University, and in late Novem- concrete progress on paper. We will have to as chairman and for the Special Working ber, early December 2007 we will have an- make good use of these gatherings to further Group? other three days of formal meeting time at the narrow down the options, in order to carry AW: We are currently preparing the fourth ASP in New York. My main task will be to out the optimal groundwork for the Review intersessional meeting of the working group translate flexibility in the meeting room into Conference. 

The Monitor No. 34 / May - Oct. 2007 CASES/SITUATIONS: UGANDA CASES/SITUATIONS:

Momentum Builds for Ugandan Victims’ Rights Working Group By Stephen Lamony**

n 15 February 2007, the In- portant development. ternational Criminal Court They have also come O(ICC) confirmed receipt of at a time when pro- 49 victims’ applications to participate tections for victims in in the proceedings against four leaders Uganda are at an all- of the Lord’s Resistance Army (LRA) time low. in Northern Uganda. Once the appli- Victims have been de- 17 cations are approved by the Chamber, nied the right to justice the victims will be able to present their in Uganda for various views during the judicial proceedings. reasons: illiteracy pre- The Chamber has recently entrusted the vents them from access- ICC Office of Public Counsel for Vic- ing necessary informa- tims with providing the applicants any tion about their rights; support and assistance that may be nec- the national legal sys- essary or appropriate at this stage. tem has limited (if any) In July 2005, the ICC issued arrest war- measures to ensure vic- rants for Joseph Kony, the LRA’s top tims’ participation and leader, and his commanders on charges reparations; and fear of war crimes and crimes against hu- of reprisals as well as manity, including abductions, rape and a situation of political Two mothers and their children at a camp for displaced persons in Uganda. mass killings. However, those warrants uncertainty also serve Credit: Africa University have yet to be executed and peace talks to deter victims from have been stalled. seeking justice. To avoid “re-victimiza- During a December 2006 meeting of tion,” it is essential that victims be granted the Victims Rights Working Group—a Given the lack of attention to victims’ the status of victims with all the related group facilitated by Redress—it was rights during peace negotiations, these rights; remain free from any type of social suggested that a chapter of this group applications from witnesses are an im-

To avoid “re-victimization,” it is essential that victims are granted the status of victims with all the related rights, and that they remain free from any type of social exclusion and stigmatization, re- ceive appropriate counseling, protection and assistance, and obtain true justice.

exclusion and could be created for Northern Ugan- stigmatization; da to develop and strengthen victims’ receive appro- rights, define their needs and represent priate counsel- their views and concerns. Such an ini- ing, protection tiative would help victims better under- and assistance; stand their rights to protection, legal and obtain true representation, reparations and partici- justice. Denying pation in ICC proceedings. victims the right In sum, recent developments suggest to justice also that this is a prime opportunity for the encourages am- creation of a Ugandan victims’ rights nestied rebels to working group.  continue com- mitting crimes Stephen Arthur Lamony is the coordina- Some of the 21 huts burnt down by LRA rebels in Pece village, Gulu Municipality. against their for- tor of the Ugandan Coalition for the In- Thousands of these huts have been burned down by LRA rebels, leaving countless mer victims with ternational Criminal Court (UCICC). civilians homeless. Credit: Aymu.org full impunity. **Views expressed are those of the author.

The Monitor No. 34 / May - Oct. 2007 LADY ICC: A PLAY ABOUT UPDATEAFRICA THE COURT TAKES IVORY REGIONAL COAST BY STORM Pursuing Ratification and Implementation Efforts in Africa By Richard Nsanzabaganwa, Francis Dako, Benson Chinedu Olugbuo and Fátima da Camara REGIONAL he Sub-Saharan African region bring it in line with the Rome Statute. continues to lead the world in The groups agreed to organize a work- Tthe number of states parties to shop on implementation for which the the Rome Statute of the International Chadian Coalition for the ICC will raise 18 Criminal Court (ICC) while implemen- funds. Meanwhile, the government of tation processes are currently underway Chad is in the process of establishing a A scene from the play Dame CPI (Lady ICC). Credit: Ivorian in other parts of the continent. Mean- national commission on the implemen- Coalition for the ICC while, the CICC continues to expand its tation of international humanitarian membership at the national level across law, including the Rome Statute. The Ivorian Coalition for the International Criminal Africa. At the end of 2006, the CICC Court (CI-CPI) recently began reaching out to Ivori- included 17 national coalitions in Sub- Comoros ratified the Rome Statute in ans, from the general population to the highest author- Saharan Africa. August 2006; the implementation pro- ities, through a theater piece titled Dame CPI (Lady cess has been initiated so that the gov- ICC). The effort so far has been wildly successful. On 1 November 2006, Chad deposited ernment can meet its ICC commitments its instrument of ratification, making it regarding the principle of complementa- Ivory Coast has been in a state of civil war since the 104th state party to the ICC, and rity and the obligation to cooperate with 2002. A rebel movement led by a group known as the 29th African state. The development the Court. Les Forces Nouvelles, or The New Forces, controls might significantly enhance the Court’s the northern half of the country while the central effectiveness in the region. The situation Mr. Youssouf Mondoha, a member of the government controls the rest. in Darfur, Sudan was referred to the ICC National Assembly of Comoros and Par- liamentarians for Global Action, which Though not a state party to the Rome Statute, Ivory by the UN Security Council; however, is a member of the CICC Steering Com- Coast nonetheless accepted the Court’s jurisdiction much of the investigations by the ICC mittee, is very committed to ensuring in September 2003 and allowed it to conduct in- Office of the Prosecutor (OTP) have that the ICC is fully accepted and adopt- vestigations in the country. Meanwhile, the crimes been carried out in Chad. The ICC estab- ed in Comoros as an efficient supplement continue. lished a field presence in two locations: the Abeche region in eastern Chad, close to the country’s national response to the In Lady ICC, a group of individuals of high official to Darfur, and another in N’Djamena, commission of crimes. He spearheaded rank and social status place themselves above the the capital city of Chad. the preparation of a draft implementing law and commit crimes with total impunity, while law that is now being discussed among the ordinary people who endure these hateful acts Following this ratification, in December members of civil society, other govern- are left with nowhere to turn to seek justice. But 2006, the CICC’s Outreach Liaison for ment officials and members of the Na- one fine day, Lady ICC arrives, bringing hope, jus- Africa, Richard Nsanzabaganwa, un- tional Assembly. Through the CICC, tice and peace. Before her, no one is immune from dertook an advocacy mission to Chad civil society groups and Mr. Mondoha investigation. Serious crimes cannot remain unpun- to encourage the government to imple- are working to create a national coali- ished. Those who previously believed themselves to ment the Rome Statute into national tion for the ICC that would coordinate be all-powerful and untouchable are the first whom legislation and to accede to the Court’s the necessary efforts for the implementa- Lady ICC apprehends. Suddenly, hope reigns among Agreement on Privileges and Immuni- tion of the Rome Statute and the acces- the people. Lady ICC is here: there will be no more ties (APIC). Mr. Nsanzabaganwa met sion by Comoros to the APIC. To this injustice, no more unpunished crimes. Those who with government officials from the end, a workshop is planned for the near would conspire to commit such actions will have to foreign and justice ministries as well future to bring together members of civil think twice before doing so. Things are not the way as with representatives from the dip- society groups, government officials and they used to be. lomatic corps, international organiza- other stakeholders such as the ICRC. tions and civil society groups. Chadian The workshop is expected to generate a At Lady ICC’s first showing on 16 January, audi- authorities are committed to supporting ences in Abidjan, Ivory Coast’s Capital, demanded more refined draft legislation as well as a the ICC’s work and expressed a willing- formal national coalition for the ICC.  the piece be performed twice in one day. CI-CPI went ness to work for accession to the APIC. even further and took the play to Bouaké, the rebels’ With regard to the implementation of The article’s authors are all part of the Co- capital. A large number of people, including Forces the Rome Statute, relevant governmen- alition Secretariat’s Africa Regional section: Nouvelles leaders, attended and appeared to enjoy tal institutions, the Chadian Coalition Richard Nsanzabaganwa is outreach liaison the show. Most importantly, they seem to have seized for the ICC and the International Com- for Africa, Francis Dako is Francophone Af- upon Lady ICC’s message: Ivory Coast must ratify the mittee for the Red Cross (ICRC) will rica coordinator, Benson Chinedu Olugbuo is Rome Statute so that no one—including high-rank- coordinate their efforts in order to eval- Anglophone Africa coordinator, and Fátima  ing officials—believes they are above the law. uate the national legal framework, and da Camara is Lusophone campaign advisor.

The Monitor No. 34 / May - Oct. 2007 FEATUREASIA/PACIFIC

Japan’s Path to ICC Accession By Evelyn Balais Serrano and Francesca Varda REGIONAL

n 27 April 2007, the Japanese par- Geneva Conventions—a first step, officials curtail its financial contributions to the orga- liament (the National Diet) unani- said, in preparation for possible accession to nization. Participating as an observer at the Omously approved the country’s ac- the Rome Statute. One year later, govern- Fifth Assembly of States Parties (ASP), Ja- cession to the Rome Statute and the related ment officials publicly expressed interest in pan fully endorsed a resolution championed cooperation laws. The approval follows the acceding, but only after harmonizing national by Australia, Canada and New Zealand to Japanese cabinet’s February endorsement legislation with the Statute. In early 2007, the adopt, for the ICC budget, the maximum as- and submission of the Statute to the parlia- “Laws for Cooperation with the International sessment rate for the largest contributor ap- ment. On March 28, upon a request by the Criminal Court,” which includes procedural plicable to the UN. This ceiling will impact 19 Minister of Foreign Affairs Taro Aso to ap- as well as substantial laws and criminal law re- the size of Japan’s contribution to the ICC prove Japan’s accession to the treaty, the For- form bills for implementing the Rome Statute budget once it joins. eign Affairs Committee of the Lower House and facilitating cooperation with the Court, On the parliamentary front, JNICC and Par- also had approved both of these legislations were submitted to the Diet. liamentarians for Global Action (see related unanimously. These developments come af- In mid-2006, the Japanese government pub- article) have taken a leading role in securing ter years of coordinated efforts by civil so- licly stated that the proposal for accession parliamentary support for the Court. In April ciety groups, parliamentarians, government as well as the budget for Japanese contribu- 2006, JNICC helped create a formal national officials and academics. Various actors, and tions to the ICC would be tabled at the next parliamentarian league in support of the ICC especially the Coalition’s national partner, Diet session scheduled for early 2007, and that was composed solely of majority party the Japanese Network for the ICC (JNICC),  in December 2006, the Ministry of Finance members in the National Diet. have played a crucial role in ensuring that Ja- approved a total of 720 million yen for ap- pan embraces international justice. Evelyn Balais Serrano is the Coalition Secretar- propriation to the Court for the 2007 fis- iat’s Asia coordinator and Francesca Varda is the In 2004 the Diet introduced implementing cal budget. Some months earlier, Japan had Coalition Secretariat’s outreach liaison for Latin legislation for the Additional Protocols to the brokered a deal with the United Nations to America/Caribbean and for Asia.

Parliamentarians Make Progress in Japan and Indonesia By David Donat-Cattin

pproximately 165 parliamentarians The delegations attending the assembly in- from all regions of the world convened cluded the speakers of parliaments of ICC Ain Tokyo from 4 to 5 December 2006 states parties including Afghanistan, Bosnia to discuss challenges to human security and and Herzegovina, Mali, Poland, Sierra Le- international justice under the auspices of the one and Tanzania, as well as the presidents Parliamentarians for Global Action (PGA) of national assemblies of Kazakhstan, Nica- ICC Campaign. This fourth-annual Consul- ragua and Sudan, which have not yet joined tative Assembly of Parliamentarians for the the Rome Statute system. The assembly International Criminal Court and the Rule of unanimously adopted the Tokyo Resolution Law is the only global gathering of lawmakers on Human Security, the Rule of Law and that focuses on the fight against impunity. the International Criminal Court, which includes strong individual commitments by From left to right are PGA members Theo Sambuaga, Ross The meeting’s organizing committee was led legislators to fight impunity and promote the Robertson, Hassan Wirayudha, Marzuki Darusman and by Mayumi Moriyama, a former minister of universality and effectiveness of the new sys- Abdillah Toha. Credit: PGA justice in Japan and now a member of parlia- tem of international criminal justice created ment (MP) from the majority Liberal Demo- by the Rome Statute. high-level government officials and parlia- cratic Party and Tadashi Inuzuka from the mentarians jointly announced that Indonesia opposition Democratic Party of Japan. Sada- A key outcome of the Tokyo meeting was that will accede to the Rome Statute in 2008. ko Ogata, secretary-general of the Japanese Indonesian Parliamentarians, in less than a government’s Development Cooperation month, organized a high level round-table The Speaker of the Parliament, Agung Lak- Agency, and ICC President Philippe Kirsch discussion on ICC accession in Jakarta. The sono, opened the roundtable by welcoming also attended the Consultative Assembly. meeting held by the Foreign Affairs Commit- the formation of a PGA chapter in Indonesia. tee of the Indonesian Parliament on 9 Feb- Some 80 parliamentarians, government of- Masakazu Sekiguchi, Japan’s vice-minister ruary, included MPs from all major political ficials, representatives of the security sector, for foreign affairs, announced to the assembly parties, under the leadership of PGA Interna- NGOs and academics participated in the dis- on behalf of Foreign Minister Taro Aso that tional Council member Theo Sambuaga MP, cussion. Foreign Minister Hassan Wirayudha the Japanese Parliament would discuss draft president of the said committee. And for the stated that “the foreign policy of Indonesia legislation on ICC accession and cooperation first time since the adoption of the National is centered on the promotion of democracy during its February session. Human Rights Plan of Indonesia 2004-08, and human rights, internally and externally,” CONTINUED ON P. 21 The Monitor No. 34 / May - Oct. 2007 UPDATEEUROPE Support for the ICC Strengthens Across Europe: Developments in Ukraine, the Czech Republic and at the EU By Maria Cavarretta and Luísa Mascia

everal developments across Europe During the 28th Annual Forum on Human tion, the Justice Committee of the Ukrainian REGIONAL demonstrate increasing and continu- Security and the Consultative Assembly of Parliament is also planning to organize a Sing support for the International Parliamentarians for the ICC and the Rule conference on the ICC, to take place in April Criminal Court. of Law (organized by Parliamentarians for 2007 in Kiev, with the aim of enlisting broad Global Action in Tokyo in December 2006), support for the national ratification and im- Ukraine has continued to strengthen its com- one of Ukraine’s strongest ICC supporters, plementation process. The CICC has been mitment to international justice by taking im- 20 the chair of the Justice Committee of the invited to help organize this event. portant steps toward joining the ICC system. Ukrainian Parliament, Serhiy Kivalov, stated On 31 January 2007, Ukraine deposited its Another important CICC target for ratifica- that “Ukraine wants to become a full mem- instrument of ratification of the Agreement tion is the Czech Republic, which is the only ber of the International Criminal Court and on Privileges and Immunities of the ICC EU Member State that has not yet ratified plans to iron out some discrepancies in its (APIC), becoming the first non-state party to the Rome Statute. The Czech Coalition for national legislation that block its admission.” ratify APIC. This represents an exceptionally the ICC, including the primary human rights He added that an interministerial working important achievement, which sends a strong NGOs in the country, issued a press release group, which includes civil society, had been message to other non-state parties about the urging the government to promptly join the established and that it had started drafting significance of adhering to APIC and allows Court. In an interview following this release, an implementing legislation bill. the ICC to build a strong framework of coop- the Czech Minister, Cyril Svoboda , who also eration to effectively implement its mandate. On 8 February 2007, ICC President Philippe heads the Government Legislative Council, It also demonstrates that the ratification of Kirsch traveled to Kiev to meet with high- deplored his government’s failure to ratify APIC can be a relatively straightforward pro- level officials, including the prime minister the Statute. The CICC continues to support cess that can be accomplished prior to adher- and the president of the parliament. During local and international efforts to ensure that ence to the Rome Statute. his visit, President Kirsch stated that “it is the Czech Republic adheres to the Rome very important that Ukraine, which plays a Statute in the very near future. Moreover, a law amending the Constitution, weighty role in Europe, becomes a full mem- necessary for ratification of the Rome Stat- In other news, the European Union contin- ber of the International Criminal Court.” ute, has been submitted to the Cabinet of ues to uphold its support for the ICC under Ministers, which should adopt it soon. As part of the efforts to achieve ICC ratifica- Germany’s leadership. Germany convened CONTINUED ON P. 22

CICC STRATEGY MEETING IN EUROPE The CICC Secretariat held a strategy meet- that CICC members in these countries the Western Balkans and making a clear ing in Istanbul from 4 to 5 October 2006 encourage the EU and others to step up distinction between the ICC and the that brought together 25 active members their involvement to encourage the gov- ICTY is necessary; from 14 countries across Europe to share ernments to ratify; • That developing a strategy to promote information and develop strategies regard- • That expanded trainings on the ICC for the ICC in countries such as Turkey and ing the ICC campaign in the region. the media and for military personnel are the Central Asian Republics where the Discussions among participants highlighted needed;. ICC is not a political priority, but human the following: • That clear, accessible and jargon-free rights protection and democratization language to promote the ICC in national are key issues is needed; • That the widespread mistranslation of the contexts should be developed, in order to • That focusing ratification efforts on Kyr- Rome Statute and Core ICC texts in the make the ICC appear relevant outside of gyzstan within the Central Asian Re- Western Balkans should be addressed; the legal community; publics would be worthwhile; otherwise, it could become problematic • That strategies for promoting ICC rati- if the ICC requests cooperation with gov- fication in areas with ongoing conflicts • That instituting university and law school ernments in the region who would have a such as the South Caucasuses should be curricula on the ICC across the region to hard time fulfilling requests because of developed; ensure the ICC’s sustainability should be contradictions in translations; • Given the recent change in US policy on encouraged. • That the European Union and other in- Bilateral Immunity Agreements (BIAs), • That CICC members based in EU and ternational organizations do not appear that parliamentary debates on revoking other IO member states should encourage to be taking an active role in promoting the BIAs in European countries that their governments to play an active role ratification in Ukraine, Moldova, Tur- have ratified them should be considered; in urging that the IOs they are a part of key and the Central Asian Republics and • That increasing outreach on the ICC in should fulfill their ICC commitments. 

The Monitor No. 34 / May - Oct. 2007 UPDATELAC Latin America/Caribbean

President Kirsch’s Visit to Guatemala By Paulina Vega Gonzalez and Mariana Rodriguez-Pareja REGIONAL

uatemala is one of only four coun- President Kirsch gave the opening lecture at tries in Latin America that has yet the seminar as one of many activities meant Gto ratify the Rome Statute. Al- to support Chile’s ratification of the Rome though the issue of ICC ratification has been Statute. President Kirsch also used his visit under congressional consideration for about to address doubts about the ICC mandate two years and the Foreign Affairs Commis- and jurisdiction. sion of Congress issued a favorable opinion At the regional level, on 2 February 2007 the in early 2006, little progress has been made 21 since then. In late January 2007, ICC Presi- Committee on Juridical and Political Affairs dent Philippe Kirsch visited Guatemala at of the Permanent Council of the Organiza- the invitation of the current administration tion of American States (OAS) held a work- ing session on appropriate measures that to highlight the role of the Court and the im- President Philippe Kirsch and Chairperson of HUMANAS- states should take to cooperate with the In- portance of ensuring universal ratification of Chile, Lorena Fries. Credit: HUMANAS its treaty. In his two-day official visit, he met ternational Criminal Court. During the ses- with members of parliament, high-level gov- sion, representatives from all over the region Chile’s Constitutional Court ruled that a con- had the opportunity to exchange views on the ernment officials, civil society members and stitutional amendment was needed in order to local media. The visit provided an important steps their countries have taken to prepare to ratify the ICC Statute. Although ICC ratifi- cooperate fully with the ICC. opportunity to discuss the mandate of the cation is strongly supported by the executive ICC and clarify questions regarding its func- branch and initial consensus was achieved Finally on 1 February 2007, Argentina rati- tions and jurisdiction. in late 2005 at the Constitutional, Legisla- fied the Agreement of Privileges and Immu- This is not the first time that President tive and Justice Commission of the Senate to nities of the ICC, becoming the tenth state Kirsch has visited a Latin American country: approve the proposed constitutional amend- in the hemisphere to ratify this instrument. in 2005, he visited Mexico and shortly after ment, the Senate is now mulling over whether The CICC expects more ratifications of APIC his visit, the country made positive strides to incorporate international crimes into na- during 2007 in countries such as Venezuela forward in the ratification process. tional law and the possible consequences of and Mexico.  Chile’s ratification of the Rome Statue. In Chile, another of the four countries in the Paulina Vega-Gonzalez is the Coalition Secre- region that has not yet joined the Court, the In March 2007, CICC member Humanas tariat’s coordinator for Latin America and the ratification process is moving slowly despite held a seminar on the ICC in Chile that was Caribbean, and Mariana Rodriguez-Pareja is the country’s early signature to the Rome co-hosted by the parliament’s lower cham- the Coalition Secretariat’s Spanish resources co- Statue on 11 September 1998. In April 2002, ber and supported by PGA and the CICC. ordinator and Latin America analyst.

Reinvigorating Efforts in Jamaica By Francesca Varda ow that more than half of all CAR- conducted an advocacy mission to Kingston, offered an opportunities to discuss questions ICOM member states with inter- Jamaica, in November 2006 to reinvigorate the government raised in relation to consti- Nnational treaty-making capacities discussions on the ICC at the national level. tutional compatibility with the ICC treaty have become states parties to the ICC, the By working with various civil society groups, and U.S. pressure to conclude a bilateral im- scales have tilted in favor of support for inter- the mission sought to integrate Jamaican munity agreement. The CICC will continue national justice in the Caribbean. The Baha- NGOs more actively with the CICC’s cam- to advocate with national partners and with mas, Grenada, Haiti, Jamaica, St. Lucia and paigns in the region, as well as to encourage government officials to ensure ratification of Suriname are the only countries that have yet them to take up Jamaica’s ratification of the the Rome Statute by this key regional actor to ratify the Rome Statute. As part of the Rome Statute as part of their organizational in the Caribbean.  CICC’s Focus on the Caribbean Campaign mandates. Meetings with the Ministry of and further galvanized by St. Kitts and Nevis’ Foreign Affairs, the Solicitor General’s Of- Francesca Varda is the Coalition Secretariat’s outreach accession to the Rome Statute, the Coalition fice and the Bureau of Women’s Affairs also liaison for Latin America/Caribbean and for Asia.

Global Parliamentarian Meeting (Continued from page 19) making it clear that it is in Indonesia’s na- democracy and the largest Muslim nation, David Donat-Cattin is director of programmes tional interest to join the global movement could significantly advance the universality for Parliamentarians for Global Action. To against impunity. of the ICC in the Asia-Pacific region by ac- learn more about the Consultative Assembly ceding to the Rome Statute.  and the PGA ICC Campaign, visit www.pgac- Indonesia, which is the world’s third-largest tion.org and www.pga-japan.jp.

The Monitor No. 34 / May - Oct. 2007 FEATUREMENA Middle East/North Africa Yemeni and Gulf Coalitions Score an Important Victory in the Region By Amal Basha and Anjali Kamat

REGIONAL he international campaign to join the ati representatives were unable to attend the are not yet clear. The final decision still rests ICC has found a willing partner in December meeting. with the president. civil society activists from the Gulf T Bahrain was the target of the CICC’s monthly Meanwhile, the UAE Ministry of Justice has region, who are eager to see their govern- ratification campaign in January, and over the taken important steps toward showing the ments join the movement for international course of the month, coalition members led Kingdom’s interest in the Court by hosting 22 justice. On the morning of 24 March 2007 by the Bahrain Center for Human Rights, two international seminars on the ICC in Feb- there was cause for celebration. After four held a press conference and met with newly ruary. The first, organized with the University hours of heated debate, the Yemeni House of elected parliamentarians as well as minis- of Sharjah, focused on comparing UAE na- Representatives voted in favor of ratification ters to discuss the ICC and encourage them tional legislation to the Rome Statute, and the of the Rome Statute, the founding treaty of to support ratification. In Kuwait, coalition second, organized in Abu Dhabi with the In- the ICC. members are planning a civil society-govern- ternational Criminal Law Network, discussed CICC members in Bahrain and Yemen have ment workshop on the ICC in April 2007. obstacles to ratification across the Arab world long been at the center of this campaign, and ways of overcoming them. ICC Judge Na- Since November 2006, Yemeni coalition and in late 2006, they joined hands with vanathem Pillay participated in the first semi- members have been actively lobbying parlia- lawyers, journalists, parliamentarians and nar, which also examined the compatibility of mentarians and organizing strategy sessions human rights activists from Kuwait, Qatar the Rome Statute with Islamic law. Speaking to discuss concerns regarding the compat- and Saudi Arabia, to form a Gulf coalition at the Abu Dhabi seminar, the UAE Minister ibility of the Yemeni Constitution and the for the ICC. of Justice Mohammed bin Nakhira Al Dha- Rome Statute. In February, after ratification hiri emphasized UAE’s positive perspective on Participants created this coalition at a civil was formally entered on the parliament’s the Court, noting that his government heads society seminar on the ICC and the Gulf agenda, coalition members were engaged the Arab League’s special ICC committee and, states organized in Bahrain in December in almost daily discussions with individual with the support of the ICRC, helped draft a 2006 with the Bahrain Human Rights Soci- MPs and legal experts advising the political model Arab League law on crimes within the ety, the CICC and the International Federa- parties to ensure that ratification wins the jurisdiction of the Court. tion of Human Rights. The subregional co- necessary approval from the House of Rep- alition will work with the media, NGOs, law resentatives. The German embassy in Sana’a After the Yemeni Parliament’s historic vote students, lawyers, judges, members of parlia- worked closely with the Yemeni coalition and in favor of ratification, all eyes are now on the ment (MPs), government officials and repre- supportive MPs to organize a roundtable on Gulf states, particularly Bahrain and UAE, sentatives of the Gulf Cooperation Council the ICC inside the parliament on 10 Febru- and CICC members around the world contin- to create wider public support for the ICC. ary where representatives of all political par- ue to support the efforts of Gulf-based activ- In addition to planning national and subre- ties put aside their differences and expressed ists to urge their countries to join the ICC.  gional campaigns, they are also actively re- full support for Yemen’s ratification, which cruiting more members from the seven Gulf followed about a month later. As we went to Amal Basha is the Coalition Secretariat’s Middle countries, particularly Oman and the United press, the parliament appeared to have re- East/North Africa coordinator and Anjali Ka- Arab Emirates (UAE), as Omani and Emer- versed its vote, but its effects and legalities mat is the Coalition Secretariat’s outreach liaison for Middle East/North Africa and Europe.

Support for the ICC Strengthens Across Europe (Continued from page 20)

the first COJUR sub-area ICC meeting on could play an even greater role in supporting Finally, the European Union reaffirmed its 1 March 2007. NGOs, under the umbrella the Court, and reaffirmed their full and firm support for the ICC by welcoming the ICC of the CICC, were invited for an exchange of support for the ICC. MEPs issued a press prosecutor’s public filing in the Darfur situ- views with member states, which presented release following the event that recognized ation. Javier Solana, the EU High Represen- an important opportunity to raise some key the important role that NGOs, under the tative for the Common Foreign and Security issues at that juncture of the ICC develop- umbrella of the CICC, play in monitoring Policy, along with the Council of the Euro- ment. On 8 February 2007, a European Par- the Court and also thanked them for provid- pean Union and the German presidency, all liamentary delegation visited the ICC and separately welcomed the developments on met with Prosecutor Luis Moreno Ocampo, ing their expertise and support in advance of the visit. The meeting followed a 21 Novem- Darfur and called on the government of Su- Registrar Bruno Cathala and Vice-President dan to fully cooperate with the Court.  Judge Akua Kuenyehia. In their meeting, ber 2006 public hearing on the EU’s role in the members of the European Parliament supporting and promoting the ICC and was Maria Cavarretta is the Coalition Secretariat’s (MEPs) discussed the challenges that lie organized by the Subcommittee on Human European campaign officer, and Luísa Mascia is ahead, identified areas where the parliament Rights of the European Parliament. the Coalition Secretariat’s European coordinator.

The Monitor No. 34 / May - Oct. 2007 REGIONALHIGHLIGHTS REGIONAL

Africa Europe Chad—1 November: Ratified Rome Statute Ukraine—29 January: Ukraine became first non-state party to ICC to ratify the Court’s Agreement on the Privileges and Immunities Democratic Republic of Congo—29 January: ICC Pre-Trial Chamber I confirmed the charges against Thomas Lubanga Dyilo. (APIC). Central African Republic (CAR)—The Prosecutor of the ICC in- formed Pre-Trial Chamber III on 15 December about the status of Latin America/Caribbean 23 its preliminary examination of the CAR referral. Argentina—1 February: Argentina effectively became a party to APIC after depositing its instrument of ratification at the UN Treaty Office. On January 5, the ICC Implementation Law #26200, Asia/Pacific which includes both complementarity and cooperation norms, was Japan—27 April: The Japanese parliament (the National Diet) fully promulgated. endorsed accession to the Rome Statute. This follows a late Febru- Mexico—27 November: The government’s ICC Cooperation Bill, ary endorsement of the Statute by the cabinet, and approval of the previously under review by the Judicial Office of the Presidency, was Statute and its related cooperation laws in late March by the Com- presented to the Mexican Senate. mittee on Foreign Affairs of the Lower House. Uruguay—3 November: Uruguay formally deposited the APIC at Indonesia—Senior government officials and members of parliament the UN Treaty Office. endorsed accession to the Rome Statute by the Indonesian govern- ment, which is expected to do so in 2008. Middle East/North Africa Nepal—In February, civil society groups urged the government to immediately accede to the Rome Statute. Earlier, the Prime Min- Libya: The Libyan Academy of Higher Studies organized an Inter- ister, his deputy prime minister and other key leaders pledged that national Conference on the ICC and the Middle East/North Africa Nepal will accede soon. in January (MENA). While experts from across the world expressed Philippines—In the first quarter of 2007, the Philippine Coalition a range of views, keynote speaker Dr. Aziz Shukry of Syria made a for the ICC held meetings with police officials and key government strong call to Arab countries to ratify and accede to the ICC. The agencies such as the Department of National Defense to ensure the final report recommended that a conference for MENA countries inclusion of international humanitarian law and the ICC as training should be organized before the Review Conference in order to craft topics for the police and military. a coherent MENA position on the ICC.

STATES PARTIES AND SIGNATORIES TO THE ROME STATUTE 104 RATIFICATIONS/ACCESSIONS AND 139 SIGNATORIES AS OF 1 NOVEMBER 2006

STATES Central Af. R. Germany Mauritius Slovenia SIGNATORIES Kyrgyzstan PARTIES Canada Ghana Mexico South Africa Madagascar Chad Greece Mongolia Spain Algeria Monaco Afghanistan Colombia Guinea Montenegro St. Kitts & Nevis Angola Morocco Albania Comoros Guyana Namibia St. Vincent & Armenia Mozambique Andorra Congo (Braz.) Honduras Nauru the Grenadines Bahamas Oman Antigua & Barbuda Costa Rica Hungary Netherlands Sweden Bahrain Philippines Argentina Croatia Iceland New Zealand Switzerland Bangladesh R.of Moldova Australia Cyprus Ireland Niger Tajikistan Cameroon Russian Fed. Austria D.R.of Congo Italy Nigeria Tanzania Cape Verde Sao Tome & Barbados Dominican R. Jordan Norway Trinidad & Chad Principe Belgium Denmark Kenya Panama Tobago Chile Seychelles Belize Djibouti Latvia Paraguay Uganda Comoros Solomon Is. Benin Dominica Lesotho Peru U. Kingdom Cote d’Ivoire St. Lucia Bolivia East Timor(a Liberia Poland Uruguay Czech R. Sudan Bosnia & Ecuador Liechtenstein Portugal Venezuela Egypt Syria Herzegovina Estonia Lithuania R.of Korea Serbia Eritrea Thailand Botswana Fiji Luxembourg Romania Zambia Guinea-Bissau Ukraine Brazil Finland Macedonia, FYR Samoa Haiti U.Arab E. Bulgaria France Mali San Marino Iran USA Burkina Faso Gabon Malawi Senegal Israel Uzbekistan Burundi Gambia Malta Sierra Leone Jamaica Yemen Cambodia Georgia Marshall Islands Slovakia TheKuwait Monitor No. 34 / MayZimbabwe - Oct. 2007 COALITION FOR THE INTERNATIONAL CRIMINAL COURT Web : http://www.iccnow.org c/o WFM, 708 3rd Ave, 24 Fl Anna Paulownastraat 103, 2518BC New York, NY 10017 USA The Hague, The Netherlands Phone: + 1 212-687-2863 Phone: +31-70-363-4484 Fax: +1 212-599-1332 Fax: +31-70-364-0259 Email: [email protected] Email: [email protected]

The United States’ Slow March to Justice By John Washburn

he administration of U.S. President around the world to conclude BIAs—or lose Court has a spectacular failure in one of its George W. Bush has made no secret essential US military assistance. In contrast, current cases, it is likely that the USA will Tof its opposition to the International there have been committee hearings on Af- continue its discreet but open cooperation Criminal Court (ICC) Three recent events, rican conflicts and genocide that have given with the Court on Darfur and publicly ex- however, have combined to diminish official sympathetic, specific and important atten- press cautious optimism for the Court’s work US-ICC U.S. hostility to the ICC in practice, but not tion to the ICC since the 110th Congress when it serves U.S. national interests. quite in policy. convened in early January 2007. It is likely that additional hearings will follow that in- The American NGO Coalition for the ICC In September 2006, the U.S. Congress re- clude lengthy and detailed discussions about (AMICC) and its members are now looking pealed sanctions on military assistance to the role of the ICC in particular situations. ahead to the U.S. presidential elections in all countries that had refused to sign bilat- 2008. Among likely and declared Democratic 24 eral immunity agreements (BIAs) with the Finally, recent statements and actions by se- candidates, Bill Richardson, John Edwards United States. These agreements require nior administration officials, including those and Barack Obama are publicly in support of states to send U.S. citizens home rather than by Secretary Rice, have signaled the opening the Court. Hillary Clinton has had little to to the Court. In an almost simultaneous of a formal channel of assistance to the Court say in public about the Court, but close ob- move, President Bush also waived the same servers are confident that she is not opposed sanctions. And a few weeks later, he waived Unless the Court has a spectacular fail- to it. Among Republicans, John McCain has sanctions on economic assistance to 14 coun- opposed the BIA campaign and expressed tries that had continued to stand strong in ure in one of its current cases, it is likely interest in the value of the Court in particu- the face of United States’ pressure. These ac- that the USA will continue its discreet lar situations, such as Darfur. AMICC and tions demonstrated that both Congress and its members are beginning a strong effort to the administration had recognized that, as but open cooperation with the Court identify and educate foreign policy advisors to U.S. Secretary of State Condoleezza Rice on Darfur and publicly express cau- major candidates. put it when referring to the effect of these sanctions in Latin America, the USA was tious optimism for the Court’s work AMICC and other U.S. supporters of the “shooting [itself] in the foot.” when it serves U.S. national interests. Court are also developing a medium-term strategy for the new presidency that would A few months later, U.S. elections yielded kick off in January 2009. In outline, this calls a Democratic majority in Congress that on the situation in Darfur. In 2006, John for maximum efforts in Washington and na- brought legislators to power who recognize Bellinger, legal advisor to Secretary Rice, was tionwide to encourage the Bush administra- the counterproductive nature of the BIA officially assigned to communicate with the tion to continue its stumble toward the Court. campaign and are generally more open to the ICC Office of the Prosecutor about Darfur If the new government has a suitable attitude Court. The speaker of the House of Repre- through the U.S. Embassy in The Hague. toward the Court, U.S. ICC supporters will sentatives and the chairpersons of powerful Statements from Bellinger and other senior press it to attend the full 2009 session of the committees, such as those for appropriations officials have followed, endorsing the work of Assembly of States Parties in anticipation of and international relations, not only voted the ICC prosecutor in Darfur and praising the Review Conference, which will follow. against the anti-ICC American Service- the ICC as a promising way to establish ac- This decision will be much easier for the new members’ Protection Act (ASPA), but have countability there. In turn, these statements administration if it can claim that it is simply spoken sympathetically about the Court. have encouraged other officials to highlight— going further and faster in a direction its pre- Although ASPA contains waivers that make however cautiously—the Court’s potential decessor has already taken.  all of its provisions non-binding, the Bush to end impunity in other conflict situations administration has been using these waiv- in Africa, particularly Uganda. Unless the John Washburn is convenor of the American ers as bargaining chips to pressure countries NGO Coalition for the ICC (AMICC). About the Coalition for the ICC The Coalition for the International Criminal Court (CICC) advocates for a fair, effective and independent ICC. The Coalition enters its twelfth year in 2007 and has proven to be a dynamic civil society network and campaign, with more than 2,000 member organizations to date, and an ever-expanding membership. The CICC has worked closely with its members, like-minded governments, international and regional organizations, the United Nations system, and media to help establish the Court, and push for universal ratification and implementation of its founding treaty, the Rome Statute, along with widespread awareness of and support for international justice.