January 2010 ICB Newsletter.corrected Final

8/14/2019 January 2010 ICB Newsletter.corrected Final

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Colegio de Abogados Penal Internacional

Those who are observers of international criminal justice and wonder about its future shouldread the autobiography written by Ms. Carla Del Ponte, former Prosecutor of theInternational Criminal Tribunal for the Former Yugoslavia and for Rwanda, currently theSwiss Ambassador to Argentina. (Carla DEL PONTE and Chuck Sudetic, La Traque: descriminels de guerre et moi, Editions Hlose dOrmesson, 2009).

This autobiography is upsetting. It reveals, between the lines, a sometimes irritatingpersonality. But what courage was necessary for her to overcome her company. Nothingwas gained. It was necessary to fight and to be patient when seeking the funding needed toincrease the effectiveness of the Tribunal. The biggest problem was making peopleunderstand that if the Prosecution should be independent, its funding cannot be the work of

an accountant.

The need to recruit experienced and competent criminal judges is exposed with greatfrankness and independence of speech. But also, she writes (French edition, p. 618): "Weknow more than ever an effective defense is crucial to ensure that trials are fair, to ensurethe credibility of the Court and the credibility of its record, especially for the victims."

This is the work of the ICB. The difficulties encountered by the prosecution are also ours.Only lawyers can provide a free and independent defense. They are an integral part of theprocess, just as they are collectively integral to the body that represents them. The ICB ismore essential than ever. It is a pillar of the functioning of justice and credibility, alongside

the Court, the prosecution and the Registry. No alternative should be considered.

That is why the ICB exists. Our duty is to continue despite difficulties. Come as many of youas possible to Barcelona in March 2010: the future depends on it. An ambitious future with

INCLUDED IN THIS ISSUE:1. LETTER FROM ICB PRESIDENT, PASCAL VANDERVEEREN2. CURRENT LEGAL DEVELOPMENTS3. GENERAL ASSEMBLY AND ELECTIONS RE-SCHEDULED FOR 12, 13 & 14 MARCH

IN BARCELONA4. ASSEMBLY OF STATES PARTIES UPDATE5. NEWS IN BRIEF6. NGO REPORTS7. UPCOMING EVENTS

NEWSLETTEROFTHEINTERNATIONAL CRIMINAL BAR

JANUARY2010

1. ALETTERFROM ICB PRESIDENT, PASCALVANDERVEEREN


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projected long-term goals which are not limited to appointing Council members: this is allthe good I want for the ICB. Pascal VANDERVEEREN, ICB President

After being gone for the holiday season, both the Registrys Weekly Update and theProsecutors Weekly Briefing are back. The Prosecutors Weekly Briefing has been emailed,but does not yet appear on the Courts website. Highlights of decisions since the last ICBnewsletter include:

Rejecting arguments of victims groups that the Trial Chamber in the trial ofThomas Lubanga Dyilo should be allowed to add charges to the case following the close ofthe prosecutions evidence and without amending the Indictment, the Appeals Chamberissued ajudgement on 8 December 2009 reversing a decision by Trial Chamber I which hadbrought the Lubanga proceedings to a halt. This is an important decision that enforces the

plain meaning of Article 74(2) of the Rome Statute, which provides that a decision of the TrialChamber "shall not exceed the facts and circumstances described in the charges and anyamendments to the charges." Allowing the Trial Chamber to change the legalcharacterization of charges based on facts and circumstances which are not described in theamended charges, the Appeals Chamber found, would violate Article 74(2).

The Appeals Chamber decision arose from a narrowly drawn indictment charging LubangaDyilo only with war crimes by recruiting child soldiers. Many groups believe the evidencesupports broader charges. As a result, in May 2009, after the confirmation of the charges inJanuary 2007 and after several months of trial (the Prosecution completed its case in July2009), 27 victims asked the Trial Chamber to trigger its authority under Regulation 55 to order

the inclusion of the crimes of sexual slavery and inhuman or cruel treatment. A majority of theTrial Chamber agreed and gave notice under Regulation 55 "that the legal characterisation ofthe facts may be subject to change." Judge Fulford dissented. Both the Prosecutor andLubanga Dyilo appealed.

The Appeals Chamber, while disagreeing with Lubanga Dyilo's argument that Regulation 55was "inherently incompatible" with the Rome Statute, illegal and ultra vires, neverthelesscriticized the Trial Chamber's reasoning and conclusions as "flawed." To avoid thecategorical language of Article 74 -- that the decision cannot exceed "the charges and anyamendment to the charges" -- the Trial Chamber found that this limitation did not apply tomodifications made during the trial because the parties would have notice and an opportunity

to be heard. The Appeals Court rejected this view and held that Article 74 means what itsays. As Judge Fulford argued in dissent, "once the trial has begun, the charges cannot beamended, nor can additions or substitutions to the charges be introduced."

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2. LATEST LEGAL DEVELOPMENTS

THE DEMOCRATIC REPUBLICOF CONGO

THOMAS LUBANGADYILO: APPEALS COURTREVERSES TRIAL CHAMBER JUDGMENT SEEKING TOWIDEN SCOPE OF CHARGES AGAINST LUBANGA DYILOUNDER REGULATION 55
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The victims argued that recruitment of child soldiers was per se inhuman and/or crueltreatment and that sexual slavery was the entire point and purpose of recruiting child soldiers.As a result, Lubanga Dyilo's conduct violated multiple provisions of the Rome Statute and sothe charges should conform to the evidence presented as, they argued, is permitted byhuman rights laws and the practice at the ad hoc tribunals.

In reaching its decision, the Appeals Chamber found that the purpose of Article 74(2) was to"bind" the Trial Chamber to the factual allegations in the charges, and that new facts andcircumstances can only be added by the Prosecutor under Article 61(9). As the AppealsChamber stated, "[t]o give the Trial Chamber the power to extend proprio motu the scope of atrial to facts and circumstances not alleged by the Prosecutor would be contrary to thedistribution of powers under the Statute." However, the Appeals Chamber restricted itsreasoning to this case and declined to set clear boundaries for use of Regulation 55 in othercircumstances. The Appeals Chamber reversed the Trial Chamber's decision. There was noremand for further consideration. D. Stoelting

LUBANGA TRIAL RECOMMENCESThe Lubanga trial proceedings recommenced on 7 January 2009. The first witness wascalled upon by the judges: Radhika COOMARASWAMY, the Special Representative of theSecretary General of the United Nations for Children and Armed Conflict. Once the judgeswitnesses have been heard, three of the participating victims intend to present their owntestimony. Once they have completed their evidence, the defence will begin, led byCatherine MABILLE. The defence has filed a list of approximately thirty witnesses who willtestify as part of the defence case.

In the meantime, Lubangas alleged partner in crime, Bosco NTAGANDA,continues to besought by the ICC for an arrest warrant that has been outstanding since 2006. Like Lubanga,

the warrant decision alleges that there is a reasonable basis for believing Ntaganda is guiltyof enrolling children as young as 15 years old in the ranks of the Union of Congolese Patriots(UCP).

In December 2009, the president of the International Criminal Court (ICC), Justice Sang-HyunSong, spent six days in Kinshasa, the capital of the Democratic Republic of Congo (DRC).While there, he reiterated the demand that the DRC government transfer Bosco Ntaganda tothe Hague. After the arrest and transfer of Lubanga to the ICC, Ntaganda rejoined theCongolese National Congress for the Defense of the People (CNDP) of Laurent Nkunda,where he became the chief of staff. In January, he rejoined the Kinshasa government andwas integrated in the armed forces of the DRC (FARDC).

Trial proceedings in the trial ofGermain KATANGA and MathieuNGUJOLO CHUI were set to begin on 11 December, but on 2 December, a postponement wasannounced due to a car accident involving one of the Trial Chamber II judges, Belgian judgeChristine Van Den WYNGAERT. The trial is now set to begin on 26 January 2010.

Trial Chamber II issued a decision on 18 December 2009, denying the Prosecutor leave toappeal its decision of 9 October 2009, which denied prosecution requests under Courtregulation 35 to late-file expert and forensic evidence.

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GERMAIN KATANGAAND MATHIEUNGUDJOLO CHUI:
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Katanga is being represented by David HOOPER and Andreas OSHEA. Ngudjolo isbeing represented by Jean-Pierre Kilenda KAKENGI BASILA and Jean-Pierre FofDJOFIA MALEWA. Leave has been granted to allow approximately 350 victim-participants, who are represented by one of two legal teams led by either Jean-LouisGILISSEN orFidel NSITA LUVENGIKA.

A hearing on the confirmation of charges was held before Pre-Trial Chamber I from 19 to 30October 2009. The prosecutor sought charges in relation to an attack by some 1,000armed men on African Union Mission (AMIS) peacekeepers in Haskanita on November

29th, 2007. The charges being sought allege that Bahr Idriss ABU GARDA is criminallyresponsible as a co-perpetrator or as an indirect co-perpetrator for war crimes under article25(3)(a) of the Rome Statute, including murder under article 8(2)(c)(i); intentionally directingattacks against personnel, installations, material, units or vehicles involved in apeacekeeping mission under article 8(2)(e)(iii); and pillaging under article 8(2)(e)(v). . AbuGarda was represented by Karim KHAN and Andrew BURROW. The 78 participatingvictims were represented by four legal representatives: Helene CISSE (on behalf of 11victim-participants), Brahima KON (on behalf of 24 victim-participants), Frank ADAKA(on behalf of 21 victim-participants) and Akin AKINBOTE (on behalf of 22 victim-participants).

At the hearing, Abu Garda offered his condolences to the victims and condemned theattacks. On the closing day of the hearing, the defence was allowed to examine theprosecutors lead investigator in closed session. A decision on the confirmation of chargesis pending.

On 18 September 2009, the Appeals Chamber issued a decision granting leave forSir Geoffrey NICE QC and Rodney DIXON to appear as amicus Counsel on behalf of theSudan Workers Trade Unions Federation (SWTUF) and the Sudan InternationalDefence Group (SIDG), seeking to oppose the prosecution appeal of the denial ofgenocide charges against President Omar AL-BASHIR. The reasons for the decisionwere issued on 9 November 2009. Their participation is limited to the issue of whether thePre-Trial Chamber applied the correct legal test under article 58 of the Statute to determinewhether there are reasonable grounds to believe that Omar Hassan Ahmad Al Bashir iscriminally responsible for genocide. They were given until 25 September 2009 to file theirobservations, and the Prosecutor was given until 2 October 2009 to respond. Apparentlythe observations and any response were filed confidentially.

In October, the African Union level panel on Darfur (AUPD) made recommendations whichwere endorsed by the African Union Peace and Security Council (PSC) calling for a hybrid

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DARFUR, THE SUDAN

PRESIDENT OMARAL-BESHIR:LEAVE GRANTEDFORAMICUS PARTICIPATIONOPPOSINGAPPEALOFDENIALOFGENOCIDECHARGES; AU CALLSFOR HYBRID CRIMINAL COURTFORSUDAN

BAHRIDRISS ABU GARDAHEARINGHELDONCONFIRMATIONOFCHARGES
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Criminal Court which shall exercise original and appellate jurisdiction over individuals whoappear to bear particular responsibility for the gravest crimes committed during the conflictin Darfur, and to be constituted by judges of Sudanese and other nationalities. Thecommission concluded that the Sudanese judiciary do not enjoy the confidence of thevictims and urged major overhaul of the laws relating to immunities, witness protection andsexual violence. The report makes no formal opinion on the ICC prosecutions in Darfur butsuggests that it should be allowed to continue its work to try a few suspects while the hybrid

courts would handle the remaining cases for lesser suspects. President Omar AL-BASHIR has been quoted saying we have an independent judiciary and the judicialinstitution has the say in forming any courts inside the borders to prosecute any Sudanese.

JEAN-PIERRE BEMBAGOMBOAPPEALS CHAMBERREVERSESTHEDECISIONONTHEINTERIMRELEASEOFJEAN-PIERRE BEMBA; TRIALSETFOR27 APRIL 2010On 2 December 2009, the Appeals Chamber reversed the 14 August 2009 decision of Pre-Trial Chamber II granting Jean-Pierre BEMBA GOMBO interim release pending trial,conditioned on finding a place to accept him. The Appeals Chamber unanimously upheldboth grounds of the appeal, finding that the Pre-Trial Chamber mis-appreciated anddisregarded relevant facts; and that the decision granting conditional release should be asingle decision which identifies the specific conditions, as well as the State which is willingto accept the person concerned and enforce the conditions.

Legal assistance for Bemba: The Bemba case has been transferred to Trial Chamber III,who issued a public Summary of the Decision on legal assistance to the accusedon 20October ordering the Judge to provide 30,000 per month for a legal team, all of which willbe reimbursed from Mr. Bembas assets in the event of a conviction. The public redacteddecision was filed on 26 November 2009. The decision would require Mr. Bemba to sign apower of attorney to allow the Court to sell certain property. However, this condition wasreversed on 19 November 2009, when Trial Chamber III issued a public redacted decisionwhich grants Bembas request that certain property not be sold. The decision containsscathing criticism of the Registrys handling of the legal matters surrounding the seizure ofBembas assets and the provision of legal assistance to allow the Trial to go forward as

scheduled. Apparently, the Registrar had refused earlier directions from the Trial Chamberto begin funding the Bemba defence team. The Registrar argued that because Bemba isnot indigent, she had no legal basis for applying legal aid funds for Bembas benefit. TrialChamber III noted that the word indigent does not appear in the Rome Statute and thatarticle 67 allows for "legal assistance assigned by the Court in any case where the interestsof justice so require, and without payment if the accused lacks sufficient means to pay forit". (Emphasis added). The Registry is directed to pay the monthly legal fees from 1 March2009. Mr. Bemba is now represented by Nkwebe LIRISS and Aim KILOLO-MUSAMBA.

Trial is scheduled to begin on 27 April 2010. However, a power struggle between the TrialChamber III (Judges FULFORD, ODIO BENITO, and ALUOCH) and the Prosecutor maybe brewing. The Prosecutor was ordered to disclose all evidence by 30 November 2009 (atthe time of writing, the decision is not yet on-line but is cited in the Prosecutions request forleave to appeal). A request for extension of time was filed hours after the deadline,

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THE CENTRAL AFRICANREPUBLIC
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requesting an extension to 27 January 2009. The request was denied and the Prosecutorhas now requested leave to appeal the Trial Chambers oral ruling that denyingauthorisation to add or disclose evidence after 30 November 2009.

The Bemba defence team has begun pursuit of an admissibility challenge. They suggestpossible interference with national prosecutions in the Central African Republic and

successfully sought disclosure of relevant prosecution correspondence with non-

governmental organisations such as FIDH and if they occurred at a relevant time(viz. whilst proceedings were pending before the Central African courts). Decisionswere issued on 2 Decemberand 15 Decembergranting disclosure of certaincorrespondence and CAR court decisions.

SITUATIONS CURRENTLY UNDER INVESTIGATIONINCLUDE: AFGHANISTAN, COLOMBIA, CTED'IVOIRE, GEORGIA, KENYA, PALESTINEAND GUINEA.

Guinea has been a State Party to the Rome Statute since 14 July 2003. In December2008, the long-time dictator of Guinea, Lansana CONT, died. His death sparked amilitary coup led by Capt. Moussa DADIS CAMARA. On 28 September 2009,demonstrators gathered to denounce plans by Captain Camara to run for president. Itappears the military launched severe attacks against the demonstrators resulting in at least156 deaths and sexual violence against 109 women.

In October, the UN Security Council called for an investigation, and the ICC Prosecutorannounced he had opened a preliminary investigation into the incident using his powers

proprio motu. Guinean Minister of Foreign Affairs Alexandre CC LOUA visited the ICCon 20 October and asserted Guinean primary jurisdiction over the crimes. He stated thatthe national judiciary was able and willing to proceed. Minister Loua was given a letter bythe Prosecutor requesting written information on the crimes and on modalities put in placefor conducting national investigations and prosecutions of those responsible. The letteralso confirms that Guinea had the primary responsibility to conduct proceedings.

A United Nations panel has leaked a sixty-page report on the 28 September attacks.According to news reports, the report finds the attack to have been widespread andsystematic and calls for Camara and his aides to be referred to the ICC for crimes againsthumanity. The report names as directly responsibility for the violence: Capt. MoussaDADIS CAMARA; Lt. Aboubacar Chrif DIAKIT, former aide-de-camp and chief of thePresidential Guard; and Moussa THEGBORO CAMARA, head of special services. Thereport is currently being considered by the UN Security Council.

Captain Camara was recently shot in the head by Lieutenant Diakit. He has been taken toMorocco where he remains under medical care.

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GUINEA
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On 26 November 2009, the Prosecutor filed a request to open aninvestigation into post-election violence in Kenya under Article 15 of the Rome Statute.The request includes 34 public annexes. This is the first time the Prosecutor has sought touse his propiro motupowers. The situation has been assigned to Pre-Trial Chamber II.Rule 50 requires that victims be notified of such a request, and the Prosecutor gave suchnotice electronically on 23 November, triggering the thirty-day time period within which tofile responses to the request to open an investigation. The Victims Participation andReparations Section (VPRS) was ordered by Pre-Trial Chamber II to take charge ofgathering and collating all responses into a single report.

Pictured left to right: Giuseppe BATTISTA (Canada),YasushiHIGASHIZAWA (Japan), Pascal Vanderveeren (Belgium), VincentASSELINEAU(France), Herminio ROQUE (Phillipines), Fabio GALIANI(Italy), Joseph KETA (DRC)

The ICB Executive Committee met in The Hague, followed by a meeting of the ICB Council,on 17 November 2009. The Council voted to accept the gracious invitation ofLuis DELCASTILLO, former President of the Bar Association of Barcelona, on behalf of the BarAssociation of Barcelona, and to convene the next meeting of the ICB General Assembly inMarch 2010 in Barcelona.

Letters have now been emailed by Presidents VANDERVEEREN and DEL CASTILLO tothe ICB membership formally announcing that Council and General Assembly meetings willbe held in Barcelona on Friday 12, Saturday 13 and Sunday 14 March 2010. Mr del Castillois receiving the support of the Barcelona Bar and the Bars of the Catalonia Region in

organising these key meetings, where ICB strategy will be set for the coming two years.

The General Assembly will elect new Council members, so attendance at the meetings isimportant. An agenda for the meetings, practical information, the list of outgoing Councilmembers, plus details on standing for election and proxies for absentees to vote areexpected to be published shortly.

NOVEMBERMEETING NOTES:President Pascal VANDERVEEREN opened the meetings in November with a reflection onthe positive and negative experiences of his Presidency. The positive experiences includedthe conferences he attended and the excellent manner in which he was received byrepresentatives of local bars who were very interested in the work of International CriminalBar; and the excellent relations he had with the Registrar, Ms. Sylvia ARBIA and Mr. DidierPREIRA. He thanked Ginger LINDSAY for her work on the newsletter; and Marie-Pierre

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KENYA

3. GENERAL ASSEMBLYMEETINGAND

COUNCIL ELECTIONSSETFOR12, 13 & 14MARCH 2010 INBARCELONA
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POULAIN and Giuseppe BATTISTA for their work with him providing input into theproposed Regulations for the Disciplinary Board, which are currently in the hands of thePresidency of the ICC for consideration. He also reflected on the negative experiences,which included the heavy administrative burden that comes with being President; and theorganisations financial situation which has been a perpetual problem.

Concerns were raised with the Executive Committee because of a breakdown in the

functioning of the ICB Secretariat during the last half of 2009. The Luis del Castillo offeredthat the Barcelona Bar would take over the functioning of the Secretariat, at least until theGeneral Assembly. The need to get the Secretariat functioning was stressed. The usualbusiness was conducted. Full minutes of the meeting are available upon request. Emailrequests to [email protected].

Article 112(4) of the Rome Statute states: The Assembly may establish such subsidiarybodies as may be necessary, including an independent oversight mechanism for inspection,evaluation and investigation of the Court, in order to enhance its efficiency and economy.On 26 November 2009, the ASP adopted a resolution (Resolution ICC-ASP/8/Res.1)establishing such an independent oversight mechanism. It will be co-located (but notintegrated or subordinated to) with the Office of Internal Audit at the seat of the Court in TheHague. The independent professional investigative capacity will be implementedimmediately, with the additional elements of oversight, as provided for in the Statute, suchas inspection and evaluation, to be brought into operation subject to a decision of theAssembly at its next session. It is envisaged that the investigative unit of the newlyestablished independent oversight mechanism will haveproprio motuinvestigative powersand incorporate whistle-blower procedures and protections. Individuals covered by theoversight mechanism will include all elected officials of the International Criminal Court andall staff subject to the Staff Rules and Regulations of the International Criminal Court. It isalso envisaged that the investigative unit of the oversight mechanism will be utilised for theconduct of investigations of any allegations of misconduct made against contractorsretained by the Court and working on its behalf. In all cases, if criminal activity is suspectedin the course of an investigation, the oversight mechanism must notify the relevant nationalauthorities, such as the State where the suspected crime was committed, the State of thesuspects nationality, the State of the victims nationality, and where applicable, the hostState of the seat of the Court. With regard to the investigation of elected officials, the

resolution recommends that the relevant provisions of the Rules of Procedure and Evidenceand the Regulations of the Court be amended to remove this function from the judges andto transfer it to the independent oversight mechanism.

A resolution (Resolution ICC-ASP/8/Res.4) on financial assistance for family visits forindigent detainees was also adopted. The resolution seeks to provide humanitarian supportfor family visits for indigent detainees, without creating any legal precedent for such supportbeing obligatory.

A resolution (Resolution ICC-ASP/8/Res.6) setting the dates for the review conference andforwarding three proposals for amendments to the Rome Statute was also adopted. The

Review Conference will be held in Kampala, Uganda, from 31 May to 11 June 2010. Thefirst amendment is to repeal Article 124, which is a transitional provision which allows aState, on becoming a party to this Statute, to declare that for a period of seven years afterthe entry into force of this Statute for the State concerned, it does not accept the jurisdiction

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4. ASSEMBLY OF STATES PARTIESUPDATE
http://www.icc-cpi.int/iccdocs/asp_docs/Resolutions/ICC-ASP-8-Res.1-ENG.pdfhttp://www.icc-cpi.int/iccdocs/asp_docs/Resolutions/ICC-ASP-8-Res.4-ENG.pdfhttp://www.icc-cpi.int/iccdocs/asp_docs/Resolutions/ICC-ASP-8-Res.6-ENG.pdfhttp://www.icc-cpi.int/iccdocs/asp_docs/Resolutions/ICC-ASP-8-Res.1-ENG.pdfhttp://www.icc-cpi.int/iccdocs/asp_docs/Resolutions/ICC-ASP-8-Res.4-ENG.pdfhttp://www.icc-cpi.int/iccdocs/asp_docs/Resolutions/ICC-ASP-8-Res.6-ENG.pdf


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of the Court with respect to the category of crimes referred to in article 8 when a crime isalleged to have been committed by its nationals or on its territory.

The second amendment is the Lichtenstein Proposal for defining the crime of aggression ina new Article 8 bis. The triggering mechanisms set out in a new article 15 bis include quitea few blanks which have yet to be agreed. The draft Elements of Crimes would state:

Article 8 bisCrime of aggressionIntroduction1. It is understood that any of the acts referred to in article 8 bis, paragraph 2, qualify as an act ofaggression.2. There is no requirement to prove that the perpetrator has made a legal evaluation as to whetherthe use of armed force was inconsistent with the Charter of the United Nations.3. The term manifest is an objective qualification.4. There is no requirement to prove that the perpetrator has made a legal evaluation as to themanifest nature of the violation of the Charter of the United Nations.

Elements

1. The perpetrator planned, prepared, initiated or executed an act of aggression.2. The perpetrator was a person in a position effectively to exercise control over or to direct thepolitical or military action of the State which committed the act of aggression.3. The act of aggression the use of armed force by a State against the sovereignty, territorialintegrity or political independence of another State, or in any other manner inconsistent with theCharter of the United Nations was committed.4. The perpetrator was aware of the factual circumstances that established that such a use of armedforce was inconsistent with the Charter of the United Nations.5. The act of aggression, by its character, gravity and scale, constituted a manifest violation of theCharter of the United Nations.6. The perpetrator was aware of the factual circumstances that established such a manifest violationof the Charter of the United Nations.

The third is proposal to be forwarded in the resolution is the Belgium Proposal, which wasjoined by Austria, Argentina, Bolivia, Bulgaria, Burundi, Cambodia, Cyprus, Germany,Ireland, Latvia, Lithuania, Luxembourg, Mauritius, Mexico, Romania, Samoa, Slovenia andSwitzerland. It would add to article 8, paragraph 2, e), the following:

xvii) Employing poison or poisoned weapons;xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials ordevices;xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hardenvelope which does not entirely cover the core or is pierced with incisions.

The resolution also establishes a Working Group for the purpose of considering at its ninthsession other possible amendments to the Rome Statute and to the Rules of Procedure andEvidence.

TWO NEW JUDGES ELECTEDThe two most recent additions to the Court are both women: Kunio OZAKIof Japan andSilvia FERNNDEZ DE GURMENDI of Argentina. Both were elected during the Novembermeeting of the 8th Assembly of States Parties to the Rome Statute. The elections includedsix rounds of voting on 18 November 2009. (Hyperlinks are to their CVs.) Until 2006,

Judge Gurmendi worked in the Office of the Prosecutor as Special Adviser and Director ofthe Jurisdiction, Complementarity and Cooperation Divison.

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http://www.icc-cpi.int/NR/rdonlyres/20D73DDA-3900-48E9-A73A-695D420DAD18/0/ICCASPEJ22009JPNCVENG.pdfhttp://www.icc-cpi.int/NR/rdonlyres/4D226D8D-6045-4B3D-8CB2-6855DD1D3C80/0/ICCASPEJ22009ARGCVENG.pdfhttp://www.icc-cpi.int/NR/rdonlyres/20D73DDA-3900-48E9-A73A-695D420DAD18/0/ICCASPEJ22009JPNCVENG.pdfhttp://www.icc-cpi.int/NR/rdonlyres/4D226D8D-6045-4B3D-8CB2-6855DD1D3C80/0/ICCASPEJ22009ARGCVENG.pdf


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In 2004, then-ICB Executive Committee member and former President of the Beirut Bar,Raymond Chedid was awarded the medal of the Legion of Honour with the grade of Knightby then-President Jacques Chirac. A reception was held in November 2009 at the French

Embassy in Beirut, on which occasion the French Ambassador, Mr. Andr Parant,presented the award (pictured above). The award was a sign of appreciation of Mr.Chedids active role during his mandate as President of the Beirut Bar Association, "for thepromotion of Human Rights and the reinforcement of the ties between the Beirut BarAssociation and that of France, and of Francophone countries as well as the exchange ofmeetings and experiences ".

REGISTRAR RESPONDS TO OPEN RECORDS ACT REQUEST BY LISTCOUNSEL REPRESENTATIVES

In letters dated 11 November 2009, the ICC Registrar responded to a request for access tothe full annotated list of counsel by representatives of the ICC List of Counsel. The originalrequest was sent on 1 September 2009. It sought to allow all members of the List ofCounsel full access to the annotated list in order to promote the proper functioning of anindependent and self-governing association of Counsel; to help ensure the integrity andaccuracy of the information included on the annotated lists; to encourage more participationby those on the list who have not provided a biographical annotation for the list.

The Registrar wrote separately to each of those who joined the letter, supplying copies oftheir respective individual information. She noted that individuals may verify the informationcontained in the annotated list of Counsel by requesting the information from the Defence

Services Section. She also reports two initiatives: to allow those on the list to include aphotograph with their biographical summary and to send confirmation to everyone on the listof their biographical data. She also confirmed that the complete annotated list of counsel isavailable to those on cases who are recruiting legal teams or experts. She also expressesgratitude to the ICB for its notable work and confirm the Registrys commitment to anongoing dialogue with the ICB as well as all of our external partners, whereby issues ofcommon interest can be explored and discussed with the ultimate aim of advancing theimportant mandate of the Court. However, the annotated list of counsel is characterised asan internal document which is not to be disseminated beyond the mentioned users andpurposes. This will hopefully be one of the many subjects of future consultations at theCourt.

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RAYMOND CHEDID RECEIVESMEDALOFTHE LEGIONOFHONOR

5. NEWS IN BRIEF
http://www.scribd.com/doc/24890666/Response-to-Request-to-View-Entire-Listhttp://www.scribd.com/doc/24890666/Response-to-Request-to-View-Entire-List


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REPORT OF THE INTERNATIONAL CRIMINAL COURT TO THEUNITED NATIONS FOR 2008-2009

On 29 October 2009 of the International Criminal Court submitted its fifth annual report tothe United Nations, covering the period from 1 August 2008 to 31 July 2009. It covers themain developments in the activities of the Court and other developments of relevance to the

relationship between the Court and the United Nations.

CONFERENCEIN THE HAGUE TAKES CRITICAL LOOKAT ICTR LEGACY

On 14 and 15 November 2009, a group of Defence lawyers from the International CriminalTribunal for Rwanda (ICTR) organized a conference in The Hague, Netherlands providing aforum for exchange on issues vital to international criminal justice and the lattersimportance to the reconciliation process in Rwanda. The Conference, entitled InternationalCriminal Tribunal for Rwanda: An Independent Conference on its Legacy from theDefence Perspective, attracted nearly 130 participants, most notably, members of theRwandan diaspora and families of ICTR detainees, ICTR Defence lawyers, international

scholars and experts who, together, contributed to its huge success.Keynote speaker Hon. Ramsey CLARK opened the conference with a poignant speech thatunderscored the need to remain strong and steadfast in the fight for due process and fairtrial rights, comparing some challenges the Defence faces to the criminalization of resistingassaultduring the American Civil Rights Movement. The event garnered approximately 40papers in one of two areas: ICTR political, philosophical, practical and procedural mattersand issues of immediate concern to those representing ICTR detainees. A number ofscholars questioned the Courts failure to prosecute a single RPF member, given its broadmandate to prosecute genocide violations. The ICTR Trial Chambers are slated to close inDecember 2010, but all pending ICC cases stem from African armed conflicts. Organisersbelieve this greatly increases the need to independently examine the ICTRs legacy.

A post-conference meeting to explore and build upon some of the conferences positiveelements drew twenty-five participants. Organizers are working on a project to hold asimilar conference on 21 and 22 May 2010 in Brussels, Belgium. Video recordings of allinterventions, all papers submitted at the conference, and information on recentdevelopments will very soon be available on a website being set up by the organizingcommittee. -- by Allison Turner, ICTR Defence Counsel

IBA Report Concludes Publicity is Important for Justice and Recommends the ICCPlace More Information in the Public DomainIn October 2009, the International Bar Association (IBA) issued a report, The Quest for aPublic Face, whichincludes recommendations for: a court-wide vision and practice onexternal communications; the development of a specific strategic framework for publicinformation, including a more user-friendly website; the integration of public information andoutreach; an earlier start of outreach in situations under analysis; and the recognition by theASP of the importance of communication activities and consequent allocation by the ASP ofadequate resources for public information.

AVOCATS SANS FRONTIRES (ASF)ASF News Fall 2009 http://www.asf.be/publications/ASFNews_EN_200910.pdfAr t i cl e s rep o r ti n g on: the arr es t o f S yr ia n hu m a n rig ht s la wy e r M uh a n n a d al H as s a n i on

gr ou n d s th at h e off en d e d n at io n a l fe el i n g s an d pr op a g a t e d fa l s e inf or m a t i o n ; co nc e r n ab ou t11

6. NGO REPORTS
http://iccnow.org/?mod=judgespresidencyhttp://www.ibanet.org/Document/Default.aspx?DocumentUid=5330218e-84c0-4331-959f-217473318b2chttp://www.ibanet.org/Document/Default.aspx?DocumentUid=5330218e-84c0-4331-959f-217473318b2chttp://www.asf.be/publications/ASFNews_EN_200910.pdfhttp://iccnow.org/?mod=judgespresidencyhttp://www.ibanet.org/Document/Default.aspx?DocumentUid=5330218e-84c0-4331-959f-217473318b2chttp://www.ibanet.org/Document/Default.aspx?DocumentUid=5330218e-84c0-4331-959f-217473318b2chttp://www.asf.be/publications/ASFNews_EN_200910.pdf


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a n ew sys te m of co m m o n lega l re p r es e n t a t i o n for victims in the Katanga/Ngudjolo DRC case

before the ICC; the 90 pe r s on s fre ed as a r es u l t o f the A S F s an al y si s of pri s o n de t en t i o n in

B ur u nd i ; a p r op o s e d ne w Bi l l w hi c h th r ea t en s the Ind ep e n d e n c e of t he Ki ga li B ar in

R w a n d a ; an d an int er vi e w wi t h la wy e r Lu c W al le y n, le ga l rep re s e n t a ti v e of vic ti m s in theLu b an g a cas e be f o r e th e IC C .

ASF News Winter 2009 http://www.asf.be/publications/ASFNews_EN_200912.pdf

Featuring articles about: the opening of the Katanga/Ngudjolo trial before the ICC; the useof DNA in the fight against impunity for sexual violence; an international fact-finding missionin Zimbabwe; and an interview with Dominique Kamuandu, the coordinator of the ASFproject on the fight against impunity for sexual violence in the DRC

COALITION FOR THE INTERNATIONAL CRIMINAL COURT (CICC)The CICC has prepared some informational material to support advocacy of the ICC in theMiddle East and North Africa. They include the following:

CICC brochure on the Middle East and North Africahttp://iccnow.org/documents/09.07_MENA_Brochure__EN_.pdf

The ICC and the Arab World fact sheethttp://iccnow.org/documents/Arab_States_the_ICC_Factsheet__EN_.pdf

Al-Mahkama CICC Middle East and North Africa Update (June 2009)http://www.iccnow.org/documents/MENA_Newsletter_final.pdf

The Monitor the biannual CICC newsletterhttp://www.iccnow.org/?mod=monitor

WOMENS INITIATIVES FOR GENDER JUSTICEThe Womens Initiatives for Gender Justice has published the December 2009 issue of theire-letter, Womens Voices. The issue includes, inter alia, reports of womens peace andjustice initiatives in CAR, DRC, Uganda and Sudan.

7 January 2010 Trial Chamber I: Lubanga trial resumes

12 January 2010 First meeting of the new Over-sight Committee

20 January 2010 New judges sworn in

26 January 2010 Trial Chamber II: Katanga and Ngudjolo Chui trial

resumes

12-14 March 2010 ICB General Assembly and elections held in Barcelona

22-25 March 2010 ASP: Resumed 8th Session at UN Headquarters in NewYork

19-23 Apr 2010 ASP: Committee on Budget and Finance holds its 14thSession, ICC Headquarters, The Hague

27 April 2010 Trial Chamber III: Bemba trial begins

31 May to 11 June 2010 ASP: Review Conference of the Rome Statute, KampalaUganda

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7. UPCOMING EVENTS
http://www.asf.be/publications/ASFNews_EN_200912.pdfhttp://iccnow.org/documents/09.07_MENA_Brochure__EN_.pdfhttp://iccnow.org/documents/Arab_States_the_ICC_Factsheet__EN_.pdfhttp://www.iccnow.org/documents/MENA_Newsletter_final.pdfhttp://www.iccnow.org/?mod=monitorhttp://www.iccwomen.org/news/docs/Womens_Voices_Dec2009/Womens_Voices_Dec2009.htmlhttp://www.asf.be/publications/ASFNews_EN_200912.pdfhttp://iccnow.org/documents/09.07_MENA_Brochure__EN_.pdfhttp://iccnow.org/documents/Arab_States_the_ICC_Factsheet__EN_.pdfhttp://www.iccnow.org/documents/MENA_Newsletter_final.pdfhttp://www.iccnow.org/?mod=monitorhttp://www.iccwomen.org/news/docs/Womens_Voices_Dec2009/Womens_Voices_Dec2009.html


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23-31 Aug 2010 ASP: Committee on Budget and Finance holds its 15thSession, ICC Headquarters, The Hague

Colegio de Abogados Penal Internacional

Editorial Policy for the Newsletter of theInternational Criminal Bar

The ICB Newsletter is intended to be published five times each year by the International Criminal Bar,

Neuhuyskade 94, 2596 XM The Hague, The Netherlands, Tel : 0031 (70) 3268070, Fax : 0031 (70) 3353531,

Email: [email protected]

The ICB Newsletter encourages submissions of articles (1,000 words or less), announcements, and brief

letters to the editor (300 words or less) related to the interests of our members. Material submitted for

consideration should be typed in double-spaced format, with all notes integrated into the text. The ICBNewsletter reserves the right to reject articles, announcements, letters, advertisements, and otheritems that are not consonant with the goals and purposes of the organization. Copy may be condensedor rejected because of length or style.

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January 2010 ICB Newsletter.corrected Final

Documents

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