Presidency and Chambers, the Office of the Prosecutor, the Registry and the Secretariat of the Assembly of States Parties

Tenth Diplomatic Briefing of the International Criminal Court Compilation of Statements Check Against Delivery Brussels, 26 June 2007 Philippe Kirsch, President Excellencies, Ladies and Gentlemen, Welcome to the tenth diplomatic briefing organised by the International Criminal Court. This is the fourth time that the briefing has been convened in Brussels, for the benefit of those of you who are not based at the seat of the Court. I would like to express our gratitude to the Council of the European Union, which has been so kind as to accommodate us, and which lends its unfailing support to the Court and its activities. These diplomatic briefings were set up in order to provide States with an update on the Court’s activities between sessions of the Assembly of States Parties, and to offer you the opportunity to communicate directly with the Court’s senior management. We attach considerable importance to our contacts with States. In order for the Court to be able to attain its objectives, it is of paramount importance that its work, and the challenges it faces, be understood by States and our other partners in cooperation. We warmly welcome any suggestions to make the format of these meetings with States as well as the information packages you received lask week as useful as possible for you. The information packages provide you with information about the Court in general and about the recent developments in the various organs: the Presidency and Chambers, the Office of the Prosecutor, the Registry and the Secretariat of the Assembly of States Parties. I will begin with a brief description of the legal proceedings held at the Court in these last few months. I will then proceed to highlight, in general terms, some of the challenges that the Court faces as a result of some of its unique features or the circumstances in which it is evolving. The Prosecutor and the Registrar will explain the specific nature of these challenges with regard to their respective organs, and in particular their field operations. Finally, the Director of the Secretariat of the Assembly of States Parties will inform you about the activities undertaken by the Assembly. Following the presentations, we will gladly respond to your questions. Since we last met in Brussels in June 2006, there have been some important judicial developments. In the situation in the Democratic Republic of the Congo, following the arrest and transfer to the Court of Thomas Lubanga Dyilo in March of last year, Pre‐Trial Chamber I confirmed the charges of war crimes against him. Both the Defence and the Prosecution appealed the decision on the confirmation of charges. The appellate proceedings were recently concluded with the appeals being dismissed and the decision rendered by the Pre‐Trial Chamber upheld. The first trial is set to begin at the Court this year. In the situation in Darfur (Sudan), the Prosecutor submitted to the Pre‐Trial Chamber evidence against two persons: a former Minister of State for the Interior and a militia leader. At the end of April, the relevant Pre‐ Trial Chamber issued warrants of arrest for Ahmad Harun and Ali Kushayb, relating to alleged war crimes and crimes against humanity in Darfur. Requests for cooperation seeking their arrest and surrender to the Court were also sent to all States Parties, all members of the United Nations Security Council who are not parties to the Rome Statute, and to Sudan, Egypt, Eritrea, Ethiopia and Libya. 2 The situation in the Central African Republic was assigned to Pre‐Trial Chamber III and the Prosecutor recently announced his decision to open an investigation in a fourth situation in the country. The Prosecutor will carry out an investigation, collect evidence and prosecute the persons presumed to bear the greatest responsibility. In the situation in Uganda, the warrants of arrest issued for the leaders of the Lord’s Resistance Army in relation to alleged crimes against humanity and war crimes are still outstanding. The Court continues to call on States and of regional and international organisations whose cooperation and assistance are essential for the execution of the arrest warrants. Proceedings within the situation in Uganda have continued in the area of victims’ applications for participation in proceedings before the Court. Victims’ participation is unprecedented in international criminal tribunals and raises issues that are extremely important to the Court. As already mentioned, the Court’s first trial is expected to start this year in the case against Mr. Lubanga Dyilo. The Court’s first trial will also mark an important new phase for the Court. The Court will once again be confronted, this time in a different context, with the complexities of international criminal proceedings, as well as those particular to the Rome system. Our experience with the judicial activities of the Court and with the implementation of the Rome Statute has already shown that the ICC operates under quite different circumstances from the earlier international criminal tribunals. The Rome Statute contains a number of innovative provisions. In the conduct of proceedings the judges of the Court have been addressing fundamental issues which in practice are even more complex than envisioned. These issues and the judicial determinations made will have an impact on how future proceedings will be handled and can also affect the capacity of the Court. The issue of victims’ participation is one such challenge, and is a feature of the system established by the Rome Statute that is unprecedented in international criminal tribunals. Beyond the question of modalities of participation of victims, the Court has the specific statutory obligations to ensure the safety, security and well‐being of victims. Related to this challenge is the issue of disclosure of evidence. The Court must ensure the appropriate disclosure of evidence by the Prosecutor to the defence, but it also has specific statutory obligations to ensure the security of victims in this process. In other words, challenges facing the Court not only relate to the Rome Statute, but also to the specific circumstances in which it operates. The provisions in the Statute related to the security and protection of victims are of particular importance given that the Court operates in situations of ongoing conflict. The fact that the ICC operates in unstable situations also means that unanticipated external factors outside the realm of the Court’s control can affect our operations, resulting in practical and logistical challenges. The Prosecutor and the Registrar will expand on some of these realities, including the matter of security, which arise due to the complexity of the situations in which the Court operates. Today, as we approach the five‐year anniversary of the entry into force of the Statute on 1 July 2002, we can recall our collective accomplishments, while considering the challenges ahead. Over the past five years since the entry‐into‐force of the Statute and four years since its actual establishment, the Court has established itself and consolidated its operations, and has moved decisively into its judicial activities. Early on, the responsibility of developing the Court and establishing its systems and infrastructure rested in large part on its own shoulders. As the Court moves ahead with its first trial, the responsibility of the Court remains to demonstrate its credibility in practice, through the fairness and efficiency of its proceedings. 3 However, the Court has now reached a stage in its operations where it has become increasingly clear that its success also depends to a large degree on the cooperation it receives from States, and by extension, from international and regional organisations. In 1998, the countries at the Rome Conference developed the fundamental framework for the Court and laid the foundations for the establishment of the ICC in practice. Now that the Court exists and functions, the continuing support of States is particularly fundamental at this stage in the life of the Court to allow judicial proceedings to evolve and progress in the future. As the Court has continued to develop its jurisprudence and advance in its judicial activities, we are able to more clearly understand and articulate what types of cooperation and support are required from States. As we know, the Court does not operate in isolation. It is but one part in a broader system of international justice. The need for cooperation and action on the part of States is clearly important at the level of political and diplomatic support in all relevant fora, and of course in ensuring that internal system is well‐equipped for cooperation with the ICC, notably through implementing legislation and agreements (Agreement on Privileges and Immunities, enforcement and relocation). It is also essential in concrete terms in the area of execution of judicial decisions, in particular arrest warrants, and with respect to operational support in the field, the collection and examination of evidence, security, and the protection of victims and witnesses. In keeping with this dialogue with States on the need for cooperation, at the end of March, the Court submitted a consolidated report on cooperation to the Bureau of the Assembly of States Parties. The report identifies priorities and sub‐divides cooperation into three clusters, namely general legal mechanisms; international cooperation and judicial assistance; and public and diplomatic support. In addition, the Court has been working with both the Hague and New York Working Groups on the topic of cooperation. The Court has benefited greatly from this dialogue with the Working Groups and we look forward to continuing this process. As we mark our five‐year anniversary, we must also acknowledge that we are still in the early stages of development and that together with our partners in cooperation, we are engaged in an ongoing learning process.

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