The MONITOR · Jelena Pia-Comella Program Director, ... Frederic Viennot Website Developer, ... The...

2011 AND 2012 will be marked by a significant change in the leadership of the International Criminal Court (ICC). On 12-21 December 2011, the Assembly of States Parties (ASP)—the Court’s governing body—will elect six new judges and a new prosecutor. Elections will also be held for a new ASP president, two vice presidents, 21 members of the Bureau (the ASP’s executive committee) and six mem-bers of the Committee on Budget and Finance. The Court will in turn hold elections for the positions of ICC presi-dent and vice presidents in early 2012.

These are the most important elections in the Court’s histo-ry since the inaugural elections in 2003, and they will have an important impact on the work, credibility and legacy of the Court and the Rome Statute (RS) system for the next decade. “The direction and success of the Court is deter-mined not only by the cooperation it receives or the finan-cial resources allocated to it, but by the prosecutor that carries out its investigations and the judges that adjudicate its cases,” said William R. Pace, Convenor of the Coalition.

The 2011 elections will coincide with the conclusion of the first ICC cases, as well as the near-conclusion of the man-dates of the ad hoc and special tribunals—all of which will certainly impact the ICC. In this context, the importance of holding independent, transparent, fair and merit-based elections cannot be overemphasized. States parties to the RS therefore have the responsibility of nominating the most highly qualified candidates through a transparent and vigorous process, which should include broad consul-tations with civil society, legal experts and other actors.

Promoting Fair and Transparent ICC Judicial Elections

According to the RS—the Court’s founding treaty—ICC judges are chosen “among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective states for appointment to the highest judicial offices” (Article 36(3) of the RS). All can-didates must be nationals of a state party, and only states parties can vote in the elections. The Coalition therefore

urges all non-party states to ratify the RS immediately so that they may participate in these crucial elections.

In December 2011, the Assembly will elect six new judges to fill the positions left by outgoing judges Fatoumata Dem-bele Diarra (Mali); Elizabeth Odio Benito (Costa Rica); Sir Adrian Fulford (United Kingdom); Sylvia Steiner (Bra-zil); David Ntanda Nsereko (Uganda); and Bruno Cotte (France), in order to complete the 18-judge bench. The cur-rent bench is composed of 11 women and seven men rep-resenting the different regions of the world, as well as the different legal systems, and is divided among 12 experts on criminal law and procedure (who fall within the category established by the RS as “List A”) and six experts on in-ternational law, including international humanitarian law and international human rights law (“List B”).

In order to guarantee that the composition of the bench meets these conditions (gender and regional representa-tion, background in criminal or international law, and representation of the world’s different legal systems), the ICC judicial elections are subject to minimum voting re-quirements. This means that when casting their ballots in

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

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ISSUE NO. 42:

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MONITORJournal of the COALITION FOR THE INTERNATIONAL CRIMINAL COURT

The first bench of ICC judges was elected in February 2003 and sworn in at a ceremony hosted by the government of the Netherlands in The Hague on 11 March 2003. Six new judges and a new prosecutor will be elected in December 2011 by the Assembly of States Parties. Credit: ICC-CPI

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NOTE FROM THE CONVENORExtraordinary regional and geopolitical developments in the last few months underscored that the Rome Statute system, including the Interna-tional Criminal Court (ICC), has become a major actor in peace, security and global conflict management. The arc of history relative to international justice is astounding and it emphasizes the importance of the ICC elections in 2011. Since the last edition of The Monitor, the Coalition has launched a global campaign on these crucial upcoming elections. Six new judges, a new prosecutor, a new Assembly of States Parties (ASP) president and six Com-mittee on Budget and Finance members, among others, will be elected by the ASP in late 2011. The elections campaign aims to promote the nomination of the most highly qualified officials to the ICC through fair, merit-based and transparent processes. The Coalition emphasizes nominations because, even if we cannot deter the terrible vote-trading practices of governments, hav-ing nominees that are all highly qualified will result in the election of good leadership to the Court and ASP. The Coalition, as always, will not endorse or oppose any individual candidates; we seek to encourage high principles in the nomination and election processes.

The Coalition stresses that these processes are essential to enhancing the Court’s fair and independent functioning. The campaign also aspires to uphold the Rome Statute principles of a fair, effective and independent ICC representative of all of the world’s regions and major legal systems, as well as maintaining equitable gender representation within the Court. Activities planned include a global advocacy campaign involving civil so-ciety partners, governments, international/regional institutions and media actions. The Coalition has also established an Independent Panel on ICC Judicial Elections composed of esteemed international law experts, repre-senting legal systems from five different regions around the world.

The

MONITORJournal of the COALITION FOR THE INTERNATIONAL CRIMINAL COURTIssue 42: May—October 2011Views expressed here are those of the authors and not necessarily those of the CICC Secretariat, our members or our funders. Articles without a byline have been written by CICC Secretariat staff.

CICC SECRETARIATWilliam R. Pace Convenor, New York and The HagueJelena Pia-Comella Program Director, New York Devon Allison Executive Assistant, New YorkClaire Grandison Program Associate, New York Sarah-Jane Koulen Programme Assistant, The Hague

COMMUNICATIONS SECTIONOriane Maillet Head of Communications, The HagueAgustina Bidart Spanish Communications Officer, Buenos Aires, ArgentinaLinda Gueye Senior Communications Officer— Francophone Africa, New York Niall Matthews Communications Assistant, The HaguePeony Trinh Design Manager, New York Dan Verderosa Communications Fellow, New York Frederic Viennot Website Developer, The Hague

DEVELOPMENT SECTIONGabrielle Mertz Director of Development, New York Laura Baber Development Officer, New YorkJacob Berkowitz Development Fellow, New YorkKrista Hahn Development Associate, New YorkDaniel Rees Development Officer, New York

FINANCE AND ADMINISTRATION SECTIONRobert Giordano Finance Director Ama Adjare-Nimako Office Coordinator, New York Brahim Lagueb Accounting Associate, New YorkSpencer Lanning IT Consultant, TexasSamira Mohamed Accounting and Human Resources Associate, New YorkHugo Strikker Administration and Finance Officer, The Hague

LEGAL SECTIONSunil Pal Head of Legal Section, The Hague Matthew Cannock Legal Fellow, The Hague Tobias Hanson Legal Officer, New YorkAlix Vuillemin Legal Officer, The Hague

REGIONAL SECTIONBrigitte Suhr Director of Regional Programs, Los Angeles Tania Deigni Regional Program Assistant, New YorkAta Hindi Outreach Liaison for MENA/Europe, New YorkStephen Lamony Africa Outreach Liaison/Situations Advisor, New York Michelle Reyes Outreach Liaison for Latin America, Caribbean, Asia and the Pacific, New York

FIELD-BASED REGIONAL SECTIONAFRICAFrancis Dako Africa Coordinator, Cotonou, BeninASIA/PACIFICEvelyn Serrano Asia and Pacific Regional Coordinator, Manila, Philippines Mae Buenaventura Asia Program Officer, Manila, PhilippinesMarcelina Valderama Office Assistant, Manila, PhilippinesEUROPEVirginie Amato Europe Programme Officer, Brussels, Belgium Kirsten Meersschaert Europe Coordinator, Brussels, BelgiumAMERICASFrancesca Varda Regional Coordinator for the Americas, Lima, PeruMIDDLE EAST/NORTH AFRICAAbeer Al-Khraisha MENA Regional Advisor, Cairo, EgyptAmal Nassar MENA Program Officer, Amman, Jordan

CICC STEERING COMMITTEEAdaleh Center for Human Rights Studies – Amman, Jordan • Amnesty International Asian Forum for Human Rights and Development (FORUM-ASIA)—Bangkok, Thailand Asociación Pro Derechos Humanos (APRODEH)—Lima, Peru • Civil Resource Development and Documentation Centre (CIRDDOC)—Enugu, Nigeria • Comisión Andina de Juristas (Andean Commission of Jurists)—Lima, Peru • Fédération Internationale des Ligues des Droits de l’Homme (FIDH) • Georgian Young Lawyers’ Association – Tbilisi, Georgia Human Rights Network-Uganda (HURINET-Uganda)—Kampala, Uganda • Human Rights Watch Justice Without Frontiers – Beirut, Lebanon • No Peace Without Justice • Parliamentarians for Global Action • The Redress Trust—London, United Kingdom • Women’s Initiatives for Gender Justice • World Federalist Movement–Instutute for Global Policy

ABOUT USThe Coalition for the International Criminal Court includes 2,500 civil society organizations in 150 different countries working in partnership to strengthen international cooperation with the Inter-national Criminal Court; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide.

The Monitor is the Coalition’s flagship publication. It is distributed worldwide in English, French and Spanish and is available online at www.coalitionfortheicc.org/?mod=monitor

CONTACT US c/o WFM-IGP, 708 3rd Ave, 24 flNew York, NY 10017 USAPhone: + 1 212-687-2863 Fax: +1 212-599-1332Email: [email protected]

Web: http://www.coalitionfortheicc.org

Bezuidenhoutseweg 99a, 2594 ACThe Hague, The NetherlandsPhone: +31-70-363-4484Fax: +31-70-364-0259Email: [email protected]

Together for Justice: Civil society in 150 countries advocating for a fair, effective and independent ICC.

THE MONITOR NO. 42 / MAY - OCTOBER 2011

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This publication has been produced with the assistance of the European Union, as well as other donors. The contents of this publication are the sole responsibility of the Coalition for the International Criminal Court and should in no way be taken to reflect the views of the European Union, Irish Aid or any other donor.

CoverCoalition Campaign on ICC Elections:

Civil Society Committed to Ensuring

Fair and Transparent Elections

4 ICC Elections Special A look at the pivotal 2011 ICC elec-

tions

6 ICC/ASPIssues at stake following the ninth

session of the ASP

9 Cases and SituationsUpdates on current ICC cases and

situations under preliminary examina-

tion; A look at related issues

12 UN-ICC An overview of recent ICC-related devel-

opments at the UN

13 RegionalCoalition members’ advocacy and

developments in Africa, the Americas,

Asia, Europe and MENA

20 Universal Ratification CampaignGet involved with the Coalition’s cam-

paign for an international court with

universal membership

IN THIS ISSUE

GLOBAL PARTNERS

THE COALITION for the International Criminal Court works in partnership with institutions around the globe in its mission of advancing international justice. Among the many partners of the Coalition, a number of governments have been longtime supporters of civil society and those engaged with the ICC and Rome Statute system. Currently, the governments of Austria, Belgium, Denmark, Finland, Ireland, Liechtenstein, Luxembourg, the Netherlands, Norway, Sweden and Switzerland provide funding support for the Coali-tion’s efforts. With the help of these important partners and others, the Coalition is continuing to move closer to a world in which core human rights and the rule of law are accessible to all.

The Coalition is deeply appreciative of the generous support provided by all of its many partners and donors from around the world. In addition to the governments listed above, major funding has been provided by the European Union, the Ford Foundation, Humanity United, the John D. and Catherine T. MacArthur Foundation, the Open Society Institute and the Sigrid Rausing Trust, as well as many individual donors. Support from governments, individuals, foundations and other institutions is essential to the Coalition’s efforts to end impunity. If you would like more information about how you can support our work, please visit our website at www.coalitionfortheicc.org or contact us by phone at +1.646.465.8527 or via e-mail at [email protected].

CICC STEERING COMMITTEE EXPANSION

The Steering Committee of the Coalition for the International Criminal Court re-cently underwent its second expansion with the goal of recruiting new members to represent the Middle East and North Africa (MENA), Eastern Europe and the South Caucasus and Asia and the Pacific. After a rigorous review of applications carried out by a subcommittee, the Coalition is pleased to welcome three new members to the Steering Committee:

• Adaleh Center for Human Rights Studies – Amman, Jordan• Georgian Young Lawyers’ Association – Tbilisi, Georgia• Justice Without Frontiers – Beirut, Lebanon

The Steering Committee is currently finalizing its selection of members to represent the Asia and Pacific region.

The Coalition’s Steering Committee is comprised of a core group of member organi-zations which provide policy and program coherence for the Coalition’s efforts and activities. The Steering Committee undergoes periodic reviews and expansions to ensure regional representation and a broad scope of thematic expertise.

This issue will provide you with more insight on the campaign, in the hope that you will join our efforts to promote the election of the highest-qualified ICC officials and, ulti-mately, the Court’s lasting success. Recent historic events in Africa and the Middle East, as well at the United Nations, represent significant developments for the Rome Statute system. Meanwhile, Tunisia, the Philippines and Malaysia all appear to be on the verge of joining the ICC. 2011 promises to be another major year for the Rome Statute.

William R. Pace, Convenor of the CICC


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CIVIL SOCIETY COMMITTED TO ENSURING FAIR AND TRANSPARENT ELECTIONS (continued from page 1)

December 2011, states parties will have to vote a minimum number of times, as determined by an established formula, for candidates from areas that are un-derrepresented on the bench. According to these requirements, states parties vot-ing during the 2011 election will have to vote for at least three candidates who fit into “List A”, at least two candidates for GRULAC and one for Eastern European states, and at least two male candidates.

The Coalition has consistently upheld the importance of fair, independent and transparent elections, emphasizing the importance of nominating and electing the most qualified persons. “In this re-spect the Coalition strongly condemns the trading of votes, which poses a great-er risk this time with the sheer number and variety of elections taking place all at once”, stated Pace. “It is therefore imperative that the ASP ensures that

the nomination and elections process is merit based,” he added.

The RS provides for the establishment of an ASP advisory committee on nomina-tions, if considered appropriate (Article 36(4)(c)). Such a Committee has never been established for any previous ju-dicial elections. The Coalition firmly believes that an advisory committee would help ensure that the nomination and election processes are undertaken on merit-based considerations. With this in mind, the Coalition is pleased to note that, due in no small part to Coalition campaigning, the ASP will at its December 2011 session establish an advisory committee to receive and re-view all nominations for future judicial elections. It will not, however, evaluate nominations for the current elections.

Since no committee will be functional for the 2011 elections, and as a means

to enhance the nomination and election process, the Coalition has established an Independent Panel on ICC Judicial Elec-tions composed of high-level experts who will provide an independent assess-ment of candidates. This panel is part of a wider campaign on elections launched by the Coalition, described in further detail below.

Electing the next ICC chief prosecutor

ICC Prosecutor Luis Moreno-Ocampo’s mandate will end in June 2012. He was unanimously elected by the ASP on 21 April 2003 and took office on 16 June 2003 for a nine-year term. ICC prosecu-tors, like judges, cannot be re-elected. The next chief prosecutor is expected to be elected during the tenth ASP in De-cember 2011 and will be chosen by an absolute majority of states parties (Ar-ticle 42(4)).

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INDEPENDENT PANEL ON ICC JUDICIAL ELECTIONS

AS PART OF its global campaign on International Criminal Court (ICC) elections, the Coalition established an Independent Panel on ICC Judicial Elections in December 2010 to raise aware-ness and assess the qualifications of ICC judicial candidates. The Panel is composed of esteemed international law experts, represent-ing both civil law and common law systems from the five geographi-cal regions recognized at the United Nations (UN). On 23 March

2011, the Panel held its inaugural meeting in New York, where its members agreed to a series of principles and procedures to guide their work. The Panel will make public its Terms of Reference prior to the opening of the nominations period, from 13 June to 2 Sep-tember 2011, and will issue its report in advance of the December 2011 elections. Pictured (L to R): Coalition Convenor William R. Pace; the Honorable Hans Corell, former judge of appeal and for-mer under-secretary-general for legal affairs and legal counsel of the UN; the Honorable Patricia Wald (Vice-Chair), former chief judge of the United States Court of Appeals for the District of Colum-bia and former judge of the UN International Criminal Tribunal for the former Yugoslavia (ICTY); the Honorable Justice Richard Goldstone (Chair), former chief prosecutor of the UN Interna-tional Criminal Tribunals for Rwanda and the former Yugoslavia; Ambassador Christian Wenaweser, permanent representative of Liechtenstein to the UN and ASP president; Dr. Cecilia Medina Quiroga, co-director of the Human Rights Centre at the Univer-sity of Chile and former president and judge of the Inter-American Court of Human Rights; and Judge O-Gon Kwon, ICTY vice pres-ident and former presiding judge at the Daegu High Court (Pace and Wenaweser are not members of the panel).


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The RS requires the ICC prosecutor to be a person of high moral character who is highly competent and has extensive prac-tical experience in the prosecution or tri-al of criminal cases and who is fluent in at least one of the working languages of the Court (article 42(3)). The prosecutor does not necessarily have to be a national of a state party, although only states parties will be able to cast votes in the elections.

The election of the next prosecutor comes at a time of increasing challenges for the ICC and the RS system, and, un-like in 2003, the new prosecutor will face a fully operational Court, with six situa-tions currently under investigation, and ten situations under preliminary ex-

amination. Two of the ICC’s first trials might be completed prior to the election, but their appeals and reparations phases could be ongoing after the election.

“As the Court increases its workload and is increasingly recognized as a means by which to achieve global peace and stabil-ity, as evidenced by referrals from gov-ernments and the UN Security Council, as well as numerous Article 15 communi-cations to the prosecutor, the Court runs the risk of external influences seeking to dictate where investigations should or shouldn’t take place,” said Pace. “It is im-perative that the next prosecutor be cou-rageous and capable of avoiding political interference, remaining steadfast in the

independence of the office,” he added.

In December 2010, the ASP set up a Search Committee for the next ICC prosecutor. The committee has a man-date to identify suitable candidates to fill the position, which it will achieve through consultations with states par-ties and non-state actors. The Coalition welcomes the establishment of a mecha-nism to enhance the effectiveness of the elections process and will urge the Com-mittee to be as transparent as possible (For more information on the search committee, please see box below).

“In the same vein, states parties should make their country’s nomination of can-

ASP ESTABLISHES SEARCH COMMITTEE FOR THE ICC PROSECUTOR

THE 2011 ELECTION of a new chief prosecutor is a crucial de-cision that will impact almost every aspect of the International Criminal Court (ICC) for years to come. In part thanks to Coali-tion advocacy, the Assembly of States Parties (ASP) has established a Search Committee for the Prosecutor of the ICC, which is man-dated to identify candidates for the next prosecutor. Here is an overview of some of the Committee’s key features:

The Committee: The Search Committee for the ICC Prosecutor was established by the ASP Bureau, the executive committee of the ASP. The Committee is composed of five representatives, one from each regional group (Mexico, Jordan, Slovakia, South Africa and the United Kingdom). The first meeting of the Search Committee was held on 7 February 2011.

Timeline: The current prosecutor’s term will end in June 2012. The Search Committee has already commenced its work in identifying candidates for the post; the formal nomination process however, will not open until 13 June 2011.

Mandate: The Search Committee will recommend a minimum of three suitable candidates to the ASP Bureau for consideration. As it works to identify candidates, the Search Committee will seek suggestions from states and non-state actors, including NGOs. Now that the Search Committee has been established, the Coalition strongly encourages state and non-state actors to work with the Search Com-mittee as it endeavors to seek out candidates for this important post.

Who can apply? The new prosecutor does not need to be a national of a state party to the Rome Statute. Candidates interested in the post of the new chief prosecutor, or those wishing to recommend the names of qualified individuals, may contact the Committee through the ASP Secretariat via fax: +31 70 515 8376 or email: [email protected]

ICC Prosecutor Luis Moreno-Ocampo during the confirmation of charges hearing for former DRC Vice President Jean-Pierre Bemba Gombo on 12 January 2009 in The Hague. Bemba was arrested in Belgium in May 2008 and is accused of leading Congolese rebels in a campaign of rape and torture in the Central African Republic. Credit: ICC-CPI/Michael Kooren

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INCREASING GLOBAL COMMITMENT TO THE PRINCIPLE OF COMPLEMENTARITY

COMPLEMENTARITY IS THE cornerstone of the Rome Statute (RS) system. It requires that states assume primary responsibility for prosecut-ing grave crimes in national or regional courts. The stocktaking exercise at the Review Conference in Kampala, Ugan-da, allowed for a critical examination of this fundamental principle and led to the adoption of an important resolution on the matter. It also led to pledges by states that included specific agreements regarding the adoption of implementing legislation, ratification of the Agreement on Privileges and Immunities of the ICC (APIC), assistance to other countries in their own ratification and implementa-tion efforts and improved legal training and competence on the RS in domestic education and justice systems. Since Kampala, complementarity discussions have gained momentum, reenergizing the debate between states, regional orga-nizations and civil society on the matter.

In October 2010, the Commonwealth Secretariat convened a meeting aimed at building national capacities to inves-tigate and prosecute ICC crimes that in-cluded participation by representatives from 17 countries. Later that month, the

International Center for Transitional Justice (ICTJ) hosted a retreat in New York entitled “Complementarity After Kampala: The Way Forward,” bringing together more than 60 high-level actors in international justice and other sec-tors to discuss how to strengthen efforts around this important principle. During the Assembly of States Parties in De-cember 2010, ICTJ hosted a side event that built upon the earlier discussions.

In Kampala, the European Commission proposed creating a “complementar-ity toolkit” to develop the capacity for na-tional prosecutions of war crimes, crimes against humanity and genocide. The tool-kit will identify gaps in terms of support as well as best practices and recommenda-tions for integrating complementarity-re-lated activities in states’ and international organizations’ programming. A workshop on the practical development of the tool-kit was organized in cooperation with the Open Society Justice Initiative and the Coalition in April 2011 in Pretoria, South Africa, bringing together technical ex-perts involved in complementarity-related work. Leiden University is also planning a seminar in May 2011 which will include sections on complementarity efforts.

The Coalition and its members around the world have worked to ensure the ef-fective application of the principle of complementarity since the adoption of the RS. Among other things, Coalition members have concentrated on consis-tently monitoring and advocating for the adoption of robust complementarity and cooperation legislation worldwide.

“Effective implementation of ICC crimes and cooperation provisions within do-mestic legislation can have a positive im-pact on national legal systems, leading to an increase in national prosecutions and stronger human rights protections,” said Brigitte Suhr, the Coalition’s director of regional programs. Many national laws are outdated, incomplete and include se-rious shortcomings in terms of human rights standards. “The implementation of international crimes legislation provides an opportunity to modernize criminal procedural codes in countries around the world, resulting in better national laws with higher standards of justice and more complete jurisdiction over grave crimes,” explained Suhr. Once these laws are in ef-fect, they can be applied to a range of na-tional cases—including those outside the Court’s jurisdiction. In this way, work on implementation has a greater impact and purpose beyond simply the ICC.

To date, more than 67 states have legis-lation fully or partially implementing RS crimes and general principles of interna-tional law. A further 32 have advanced drafts in circulation, with a number of others likely to produce drafts in the near future. There are, however, many chal-lenges in these processes. “Despite the ob-ligation of all states to bring perpetrators of crimes under international law to jus-tice, impunity is still the rule, and in too many cases those responsible for heinous crimes go unpunished,” said Hugo Relva, legal adviser at Amnesty International. “This is mainly due to the lack of political

During the ninth Assembly of States Parties to the Rome Statute, Coalition member International Center for Transitional Justice (ICTJ) held an event on “Making Complementarity Work: The Way Forward,” during which panelists gave an overview of complementarity discussions—in particular the links between international justice and rule of law development—and discussed concrete steps in moving complementarity forward. Credit: Peter de Groot/CICC


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will of states, but also to the lack of adequate legislation and financial resources,” he added. Competing priorities as well as lack of human and technical resources are also often a barrier to implementing RS crimes legislation.

The renewed focus of stakeholders involved in the complementarity debate has strength-ened activity globally and is contributing to

wider knowledge about existing tools, and those that need to be developed, to aid states in these processes. The Commonwealth Sec-retariat is in the process of updating its model legislation, and the Organization of Ameri-can States, which has already published guid-ing principles on cooperation with the ICC, is due to approve model crimes legislation later this year. Everything indicates that this

reinvigorated attention to effectively imple-menting complementarity will only continue to grow in 2011. The Coalition will continue to take part in these important efforts to ensure full implementation of the many pledges made in Kampala and, more generally, to help make the complementarity principle a reality.

ENHANCING THE EFFICIENCY AND EFFECTIVENESS OF THE ICC IN DECEMBER 2010, the Assembly of States Parties (ASP) established a Study Group on Gover-nance. The group is mandated for a one-year period to identify ways to enhance the efficiency and ef-fectiveness of the International Criminal Court (ICC) with a view to strengthening the institutional framework of the Rome Statute system.

“The ICC’s level of efficiency and effectiveness has been the subject of much interest and, at times, con-cern, since its inception. The delays in the Court’s first trial have prompted criticism about the pro-tracted pace of proceedings,” explains Lorraine Smith, program manager at the International Bar Association. “The establishment of this study group is a timely response to an important issue and will hopefully facilitate a more structured dialogue about the Court’s efficiency,” she says.

NGOs have however stressed the importance of safeguarding the Court’s judicial independence and ensuring the study group would not serve as an extension of budgetary discussions. “While strategic dialogue between states parties and the court can help improve ICC practice, oversight should be exercised with full respect for judicial independence and the expertise of ICC officials,” says Elizabeth Evenson, senior counsel at Human Rights Watch.

NGOs have also called on the group to adopt work-ing methods which would enable the close involve-ment of the Court, civil society and other justice experts. “The Study Group should look at the ASP’s structures to ensure the best tools are in place to provide the oversight, support, and cooperation critical to the Court’s success,” Evenson adds.

ASP ADVANCES IN EFFORTS TO ADDRESS NON-COOPERATION

THE ABILITY of the International Criminal Court (ICC) to execute its mandate is acutely linked to the level of cooperation it receives, principally from states parties, but also other ac-tors, such as international and regional organizations. The ICC continues to face difficulties with respect to securing cooperation, particularly when it comes to arrests. Events last year, including the visits of Sudanese President and ICC suspect Omar Al-Bashir to two states parties without arrest, highlighted the impact that non-compliance with deci-sions can have on the Court’s authority.

At its ninth session in December 2010, the Assembly of States Parties (ASP) addressed the issue of cooperation and “non-cooperation”—particularly the negative impact of non-cooperation on the Court’s ability to execute its man-date. States parties discussed the need to use opportunities within the ASP to share cooperation best practices in order to provide assistance to states parties in meeting their cooperation obligations.

The role of civil society in addressing and bringing attention to instances of non-cooperation was also highlighted. For example, the efforts by civil soci-ety, along with vocal states parties, were able to stop a repeat visit to Kenya and a first visit to the Central African Repub-lic by President Al-Bashir. A number of civil society organizations stressed that

they had witnessed firsthand the posi-tive effect of states working together to enhance cooperation with the Court.

Importantly, several states parties ac-knowledged the necessity of the ASP putting in place procedures that would address instances of non-cooperation, a recommendation that the Coalition had emphasized in its advocacy. As a result, the ASP Resolution passed at the ninth session in December 2010 on “Strength-ening the International Criminal Court and the ASP” (or “Omnibus Resolution”) mandates the Bureau of the ASP—the ASP’s executive committee—to address the kind of procedures it could put in place in order to discharge its responsi-bility to address non-cooperation with the Court. 2011 will therefore represent the first time that the ASP will address this pressing “make or break” issue since the Court came into being.

The ICC continues to face difficulties with respect to securing cooperation, particu-larly when it comes to arrests.


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didates for the next ICC prosecutor process open and transparent,” said Oby Nwankwo, executive director of the Civil Resource Development and Documentation Centre (CIRDDOC) Nigeria. “This way, capable can-didates will have the opportunity to compete openly and the best will emerge,” she added.

Coalition Campaign on ICC Elections

The complex political environments in which the ICC conducts investigations; the upcom-ing initiation of reparations phases for the cases currently at trial—an issue that will be instrumental in defining the impact and role of victims within the RS system; the issue of cooperation with the Court; and the continu-ous need for compliance with the principle of complementarity remain some of the chal-lenges which the Court will continue to face. These issues will be at the center of the work of the newly appointed ICC officials and clearly demonstrate the significance that lies

behind the upcoming elections.

In recognition of this pivotal undertaking, the Coalition launched a global campaign on ICC elections at the end of 2010. This includes the establishment of the Independent Panel on ICC Judicial Elections, which will consider whether nominees meet the qualifications prescribed by the RS. It will neither endorse nor oppose any individual candidates. Please note that the Panel is independent of the Coali-tion; the Coalition will therefore not speak for the Panel. The Panel’s views and assessments will be its own.

In addition, and in line with the Coalition’s close monitoring of ICC judicial elections since 2003, the Coalition will engage with the candidates by carrying out interviews and bi-lateral meetings and hosting public panel dis-cussions, among other actions, with the aim of providing additional information regarding the candidates’ expertise.

The campaign aims to promote the nomina-tion and election of the most highly qualified individuals. Moreover, the campaign high-lights the need to uphold the RS principles of a fair, effective and independent ICC, repre-senting all of the world’s regions and major legal systems while maintaining equitable gender representation. Lastly, though the Coalition is promoting the nomination of the most highly qualified candidates, it does not endorse or oppose any individual candidate, although Coalition members are free to do so.

In addition to urging states to nominate the most highly qualified candidates for both ju-dicial and prosecutorial positions, the Coali-tion has liaised with its members and other actors worldwide, encouraging them to iden-tify candidates who are up to the task of fill-ing these important positions.

Through these and other actions, the Co-alition will seek to advance independent, transparent, fair and merit-based elections.

ELECTIONS (continued from page 5)

STATES PROGRESS IN FULFILLING PLEDGES MADE AT THE REVIEW CONFERENCE

DURING THE Review Conference of the Rome Statute (RS) held in Kampala in June 2010, 36 states and the European Union made 106 pledges on cooperation with the International Criminal Court (ICC), implementation of the RS within domestic legislation, enforce-ment of sentence agreements and financial contribution to specific ICC funds, among other issues.

While no pledges were formally submitted at the ninth Assembly of States Parties (ASP) in December 2010, civil society was pleased to note that during the general debate a number of states referred to their ongoing efforts regarding the pledges made in Kampala. Some examples of these efforts include:

Uganda: Uganda had pledged to improve the legal training and capacity-building on the RS with the national judicial system. At the ninth ASP, Uganda announced that it was carrying out trainings of judges, prosecutors and investigators to enhance their competence in international criminal justice.

Peru: Peru had pledged to implement RS crimes within domestic legislation. An ad hoc parliamentary committee in Peru has recently concluded its work regarding a bill that would implement the RS, which is set to be submitted to Congress for debate and approval in the near future.

Finland: In Kampala, Finland signed an agreement on the enforcement of sentences with the ICC. At the ASP, Finland reported that domestic measures required for the agreement to enter into force were proceeding on schedule and that it had honored its financial pledges, including continuing support to the Trust Fund for Victims (TFV) and the Least Developed Countries Fund.

Republic of Korea: The Republic of Korea had pledged to provide a voluntary financial contribution to the ICC by the end of 2010. Dur-ing the ninth ASP, the Republic of Korea announced that it made a contribution of $50,000 to the TFV.

The Coalition will continue to engage with governments to move forward with the implementation of their pledges and encourage more states to make similar commitments to further consolidate the fight against impunity.


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UPDATE ON CASES BEFORE THE ICC

CENTRAL AFRICAN

REPUBLICThe trial of Jean-Pierre Bemba Gombo for war crimes and crimes against humanity al-legedly committed in the Central African Re-public (CAR) is ongoing since 22 November 2010 before TC III.

NORTHERN UGANDAThe ICC opened its investigation into Northern Uganda in 2005. Arrest warrants have been issued for senior Lord’s Resistance Army leaders Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen, but the suspects remain at large. Proceedings against Raska Lukwiya were terminated following his death.

DEMOCRATIC REPUBLIC OF THE

CONGOFollowing his arrest in France on 11 October 2010, Callixte Mbarushimana was transferred to the ICC on 25 January 2011 for his alleged role in war crimes and crimes against hu-manity committed in the Kivus region of the DRC. Mbarushi-mana made his initial appearance at the Court on 28 January 2011 and the confirmation of charges hearing was scheduled for 4 July 2011.

The prosecution has completed the presentation of its case in the trial against Germain Katanga and Mathieu Ngudjolo Chui. The legal representatives for victims presented witnesses in the case be-fore the defense began presenting its case on 21 March 2011.

On 23 February 2011, ICC Trial Chamber (TC) I rejected the defense’s application for a stay of proceedings in the trial against Thomas Lubanga Dyilo based on various challenges, in particular the disclosure of the identities of witnesses and participating victims. The defense is nearing the end of the presentation of its case, and the parties’ closing oral statements will be presented in public hearings on 25 and 26 August 2011. Judgment in the case is expected by the end of 2011.

DARFUR, SUDANOn 7 March 2011, ICC Pre-Trial Chamber (PTC) I confirmed charges of war crimes against Abdallah Banda Abakaer No-urain and Saleh Mohammed Jerbo Jamus, sending their case to trial. The suspects are alleged to have been involved in an attack on peacekeepers of the African Union Mission in Sudan at the Haskanita Military Group Site in North Darfur, Sudan, on 29 September 2007.

The ICC arrest warrants issued against Ahmad Muhammad Harun, Ali Muhammad Ali Abd-Al-Rahman and Omar Hassan Ahmad Al-Bashir are outstanding, and the suspects remain at large.

KENYA

LIBYAOn 3 March 2011, the ICC prosecutor opened a formal investigation into the situation in Libya, following a preliminary examination of available information. The prosecutor’s an-nouncement came after United Nations Secu-rity Council Resolution 1970 (2011), adopted on 26 February 2011, referring the situation to his office. Depending on the investigation’s outcome, the prosecutor will then present cases to ICC judges, who will decide whether or not to issue summonses to appear or arrest warrants based on the evidence presented. The prosecutor was scheduled to address the UNSC on 4 May 2011 and will do so every six months thereafter on the progress made.

William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang at their 7 April 2011 initial appearance at the ICC. Credit: ICC-CPI/ANP/Lex van Lieshout

On 7 and 8 April 2011, William Samoei Ruto, Henry Kiprono Kosgey, Joshua Arap Sang, Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali appeared in two separate hearings before ICC PTC II pursuant to summonses to appear for their alleged roles in the 2007-2008 Kenyan post-election violence. PTC II has scheduled the confirmation of charges hearings for 1 Septem-ber 2011 in the case against Ruto, Kosgey and Sang and for 21 September 2011 in the case against Muthaura, Kenyatta and Ali, to determine whether or not to send the cases against the six to trial. On 31 March 2011, the Government of Ke-nya filed a petition challenging the ICC’s involvement in the cases, which PTC II will decide upon in coming months. Under the ICC statute, states have the right to challenge the Court’s jurisdiction on the grounds that they are investigating or prosecuting an ICC case or have already done so.


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FIRST ICC TRIAL NEARS END Fundamental Reparations Phase to Begin

ONE OF THE KEY achievements of the Rome Statute (RS) is its acknowledge-ment of victims’ rights as an integral ele-ment of international criminal justice. For the first time, victims of the most heinous crimes can actively participate in crimi-nal proceedings at an international court and can furthermore claim reparations for harm inflicted on their person, family and community. The ICC can award repa-rations against individual perpetrators of

mass atrocities for the benefit of their vic-tims. This groundbreaking provision for victims is a first in international criminal jurisdictions and demonstrates the restor-ative nature of the ICC as an institution.

“Reparations proceedings are a funda-mental stage and a unique feature of the ICC system,” said Paulina Vega, vice president of the International Federation for Human Rights (FIDH). “During this phase, victims will be able to address the Court to describe the harm they have suffered, and ICC judges will decide on reparations measures to address their suffering, on behalf of the international community,” she added.

Reparations proceedings may take place after the Court’s conviction of an ac-cused person. Judges may order repara-tions in the form of restitution, compen-sation or rehabilitation, in light of the context of the situation and the needs of the victims and their communities.

With a judgment in the Lubanga case, the ICC’s inaugural trial, expected in 2011, reparations may soon be awarded to victims for the first time. “Since the

ICC is the first international criminal court with a mandate to award repa-rations, the parties will face multiple challenges at this stage of the proceed-ings,” Vega stated. “We call upon the Court to lead in this area of law and set landmark precedents.”

The ICC’s Trust Fund for Victims (TFV) plays a central role in the reparations process. When an individual is convict-ed, the Court may order money and oth-er property to be collected through fines or forfeiture, which would be transferred to the TFV for the distribution of repa-rations. In the case of indigent convicted persons, voluntary contributions from donors will complement the resources for reparations.

“With the first reparations proceedings potentially starting in 2011, the Court and TFV need to prepare the ground so as to ensure that victims’ expectations of reparative justice are addressed,” ex-plained Gaëlle Carayon, program officer at REDRESS. “Due to the length and remoteness of proceedings from victims and affected communities, many have lost hope of obtaining reparations,” she said. To ensure reparations are able to re-pair the harm they suffered, victims will need to know and understand the Court’s reparations policy. “It is crucial that vic-tims are informed and consulted as early as possible, so that all those who might be entitled to reparations have the opportu-nity to file a claim with the Court,” Ca-rayon said. “In this respect, clarification on issues such as the eligibility of next of kin and indirect victims to reparations may be needed,” she added.

Reparations can be awarded to individu-als or they can be awarded collectively to fund a project, public service, monu-ment or other initiative which may pro-vide reparation to a group of victims. The Coalition will continue to engage with all stakeholders on ensuring the success of this crucial phase in the Court’s develop-ment as a fair and effective institution.

Former child soldiers in eastern DRC. The Lubanga case is the first test of formal victims’ participation in an in-ternational criminal trial and highlights the gravity of the recruitment, enlistment and conscription of children as soldiers. Credit: Wikimedia Commons/USAID

CRIMES OF SEXUAL VIOLENCE BEFORE THE ICCTHE ROME STATUTE is the first international treaty to identify certain acts of sexual vio-lence as constituting war crimes and crimes against humanity. Articles 7 and 8 of the Statute recognize rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, gender-based persecutions and human trafficking, particularly of women and children, as crimes of sexual violence under the ICC’s jurisdiction. While the Rome Statute does not differ-entiate between genders, these robust gender provisions were included in the Statute in an effort to thoroughly safeguard the rights of women.

“Progress has been made in the institutional and operational work of the ICC in the past few years,” explains Brigid Inder, Executive Director of the Women’s Initiatives for Gender Justice. Ms. Inder emphasizes that to date, the ICC has included charges for gender-based crimes in all five situations in which indictments have been issued and in seven out of 12 cases brought by the Office of the Prosecutor. “However, persistent challenges remain in sustaining charges for gender-based crimes. In a number of cases, judicial decisions have questioned the quality of filings, the sufficiency of evidence, or the linkage between the charges and the ele-ments based on the evidence presented. To date, charges for gender-based crimes have been brought in two of the five cases for which confirmation hearings have been held. In these two cases, 40% of the charges for gender based crimes were dismissed,” she notes. “There is no other category of charges which consistently faces these challenges at the ICC.”


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AN OVERVIEW OF ICC PRELIMINARY EXAMINATIONS

IN ADDITION TO the six situation countries currently under investigation, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) is examining information about a num-ber of situations around the world in order to determine whether any further investigations should be opened. Ac-cording to public and official statements by the ICC, the OTP is looking into al-leged crimes committed in at least nine countries around the world, including Afghanistan, Colombia, Côte d’Ivoire, Georgia, Guinea, Honduras, Nigeria, the Occupied Palestinian Territories and the Republic of Korea. In addition, following the referral of the situation in Libya by the UN Security Council on 26 February 2011, the prosecutor conduct-ed a preliminary examination, which resulted in the opening of an investiga-tion into possible crimes committed in the territory since 15 February 2011. The following is the latest information on some of the situations currently under preliminary examination.

Côte d’Ivoire: Reacting to alleged hu-man rights violations occurring in Côte d’Ivoire since the November 2010 presi-dential election, the OTP publicly stated that it was still monitoring the situation and would scrutinize all reported acts of violence. In public statements, Coalition members Parliamentarians for Global Action, Human Rights Watch and the International Federation for Human Rights expressed concerns about the situation in Côte d’Ivoire and recalled that any breaches of the Rome Statute (RS) could be investigated by the ICC. Côte d’Ivoire accepted the Court’s juris-diction for crimes committed on its ter-ritory in a declaration submitted to the ICC registrar on 1 October 2003.

Georgia: On 2-4 February 2011, the OTP paid a second visit to the Russian Fed-eration in the context of its preliminary examination into the situation in Geor-gia. The primary purpose was to gather

additional informa-tion regarding na-tional investigations into crimes allegedly committed in the context of the armed conflict in South Os-setia, Georgia in Au-gust 2008.

Honduras: On 23 November 2010, the OTP announced that Honduras was under preliminary examination for al-leged crimes against humanity carried out in the after-math of the June 2009 coup d’État. This announcement came after Amnes-ty International accused the Honduran government of failing to address human rights violations stemming from the coup. Shortly after the OTP’s announce-ment, Human Rights Watch published a report documenting the state’s failure to ensure accountability for abuses allegedly committed under the country’s de facto post-coup government. For more infor-mation, please see page 14.

Nigeria: On 18 November 2010, the OTP announced that Nigeria was under preliminary examination for alleged crimes committed in Central Nigeria since mid-2004. This announcement was in part spurred by a petition filed by the Socio-Economic Rights and Ac-countability Project, among others, re-questing the prosecutor to investigate alleged killings of at least 326 people and other crimes under the RS in Janu-ary 2010 in Jos, Nigeria.

Republic of Korea: On 6 December 2010, the OTP made public that it was opening a preliminary examination into alleged war crimes committed by the Democratic People’s Republic of Korea

in the territory of the Republic of Korea. The OTP said it was analyzing two spe-cific incidents to evaluate whether war crimes under the ICC jurisdiction were committed: the shelling of Yeonpyeong Island on 23 November 2010 and the sinking of a war ship on 26 March 2010.

Palestine: In January 2011, Amnesty In-ternational urged the UN Human Rights Council (UNHRC) to support effective action to further international justice, emphasizing that the authorities in Is-rael and Gaza were still denying justice to victims by their continuing failure to conduct comprehensive and effective in-vestigations. On the occasion of the UN High Commissioner for Human Rights’ visit to the Occupied Palestinian Ter-ritories in February 2011, 13 Palestinian and Israeli human rights organizations, including several Coalition members, called on the UN to demonstrate its com-mitment to justice and implement the 29 September 2009 report of the UN Fact Finding Mission on the Gaza Conflict (“Goldstone report”). In March 2011 the UNHRC discussed the implementation of the Goldstone report at its 16th session.

Smoke billows from the streets of Attécoubé, in Abidjan, Côte d’Ivoire, after forces loyal to former Ivorian President Laurent Gbagbo shut down anti-Gbag-bo protests and set fire to roadside shops. Côte d’Ivoire is one of the situations currently being examined by the ICC. Credit: UN Photo


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Presentation of the ICC’s Annual Re-port to the UN

On 28 October 2010, President of the In-ternational Criminal Court (ICC) Judge Sang-Hyun Song presented the Court’s sixth annual report to the United Na-tions General Assembly (UNGA). Presi-dent Song highlighted some of the judi-cial developments at the Court since the 2009 annual report.

President Song also discussed the Re-view Conference of the Rome Statute and underlined the paramount im-portance of state cooperation with the ICC, recalling that arrest warrants are outstanding against eight suspects. He stressed that non-cooperation has a dev-astating effect on victims and urged the international community to intensify its efforts to bring all suspects to justice.

Additionally, President Song highlight-ed the ICC’s engagement with victims through the Court’s outreach program and the Trust Fund for Victims.

Finally, President Song outlined prog-ress made towards increasing the global impact of the Rome Statute (RS) and urged the UNGA to develop its relation-ship with the Court “so that we may move a step closer to eradicating impu-nity for the gravest crimes of concern to all of humanity.”

UNSC Debates on the Protection of Ci-vilians in Armed Conflict

On 22 November 2010, the UN Security Council (UNSC) held a debate on the protection of civilians in armed conflict. Prior to the debate, the UNSC issued a presidential statement mentioning the role of international courts in strength-ening the fight against impunity for the most serious crimes of international con-cern. The statement recognized a report by the UN secretary-general, which rec-ommended that all UN Member States ratify the RS and fully cooperate with the Court and that the UNSC consider refer-ral to the ICC in cases of serious viola-tions of international humanitarian and international human rights law. Under-secretary-general for Humanitarian Af-fairs and Emergency Relief Coordinator Valerie Amos opened the debate with a statement specifically mentioning UNSC referral to the ICC as a possible response to situations where humanitarian access is denied or where humanitarian work-ers are attacked. Throughout the debate, many states spoke about the importance of the fight against impunity.

Prosecutor Reports to the UNSC on the Darfur Situation

On 9 December 2010, ICC Prosecutor Luis Moreno-Ocampo presented his twelfth report to the UNSC on the ICC’s investigation of the situation in Darfur, Sudan. The prosecutor updated the UNSC on the Pre-Trial Chamber I de-cision to issue a second arrest warrant for President Omar Al-Bashir for three charges of genocide and briefed the UNSC on the confirmation of charges hearing held on 8 December 2010 in the Banda and Jerbo case. The prosecutor confirmed that the Sudanese govern-ment was neither cooperating with the Court nor conducting national pro-ceedings against those responsible for crimes allegedly committed in Darfur.

UNSC Adopts Resolution on Women, Peace and Security

On 16 and 17 December 2010, the UNSC held a debate on Women, Peace and Security. During the debate, UN Secre-tary-General Ban Ki-Moon and Special Representative on Sexual Violence in Conflict Margot Wallström, as well as a number of states, spoke about the rel-evance of the RS and the ICC in relation to combating impunity for crimes of sexual violence. Ultimately, the UNSC approved a resolution that drew atten-tion to international courts as mecha-nisms to combat impunity and promote peace, truth, reconciliation and the rights of victims.

UNSC Adopts Resolution Referring Situation in Libya to the ICC

On 26 February 2011, the UNSC, for the second time in its history, adopted a reso-lution referring a situation in a non-party state to the ICC prosecutor. In Resolution 1970 (2011), the UNSC expressed grave concern at the situation in Libya and con-demned the violence, use of force and sys-tematic violations of human rights taking place there. Furthermore, the resolution unequivocally rejected the incitement to hostility and violence against the civilian population made from the highest level of the Libyan government. The UNSC requested Libyan authorities to cooper-ate fully with and provide any necessary assistance to the Court and the prosecu-tor, and urged all states and concerned regional and international organiza-tions to give their full cooperation. On 3 March 2011, the prosecutor opened an investigation into possible crimes com-mitted in Libya since 15 February 2011. He was scheduled to address the Coun-cil on 4 May 2011 on the progress made in the investigation and will do so every six months thereafter. For more on Libya, please see page 17.

DEVELOPMENTS AT THE UN

ICC Prosecutor Moreno-Ocampo speaks with reporters following his briefing to the UN Security Council on the situation in Darfur, Sudan on 9 December 2010. Credit: UN Photo


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ON 15 DECEMBER 2010, the ICC prosecutor named six Kenyans who he considered to bear the greatest responsi-bility for post-election violence in Kenya in 2007-2008. Since this date, the Ke-nyan government has attempted to fore-stall or curtail the ICC process by means of a two-pronged strategy. Firstly, mem-bers of parliament (MPs) spearheaded a campaign aimed at pushing the coun-try to withdraw from the Rome Statute (RS); they soon realized, however, that withdrawal would not release the sus-pects from the ICC process. The second aspect of the strategy sought the support of the African Union (AU) for a one-year deferral of the Kenyan cases by the UN Security Council (UNSC) under Article 16 of the Rome Statute.

This deferral attempt involved a contro-versial round of shuttle diplomacy by Vice President Kalonzo Musyoka and his team, who traveled around Africa seeking support ahead of the January 2011 AU summit in Addis Ababa, Ethio-pia. It is important to note that these developments were not supported by the entire Kenyan government. Indeed, Prime Minister Raila Odinga and other MPs expressed their lack of support for the shuttle diplomacy or any attempts to withdraw from the RS.

Odinga’s support for the ICC process has been steadfast, but has caused division and mistrust within the Kenyan coali-tion government. This division provid-ed an impetus for civil society to bring forth the views of the Kenyan people. The Kenyan Section of the International Commission of Jurists (ICJ Kenya) and other civil society organizations ar-ranged public demonstrations coincid-ing with the opening of parliamentary sessions in January and February 2011. The second demonstration ended at the

parliament building, where a petition was presented detailing Kenyans’ sup-port for the ICC and expressing disap-pointment at the attempts by the politi-cal elite to hijack the ICC process. The petition was presented to parliament by several MPs supportive of the Court. This support has been encouraging.

International civil society has been very helpful to their Kenyan counterparts in mobilizing against the Kenyan gov-ernment’s efforts. A joint statement, endorsed by civil society organizations across Africa, was published at the height of the government’s campaign for support for deferral. Advisories and balanced opinions were distributed to the AU and African governments detail-ing alternative options open to Kenya. Civil society representatives actively participated in strategic meetings in Addis Ababa before the heads-of-states meeting. Despite these efforts, the AU summit endorsed Kenya’s request to the UNSC for an Article 16 deferral on the ICC cases, a decision that is seen to have been driven more by political motives against the ICC than by reason.

Notwithstanding this outcome, civil so-ciety, together with part of the Kenyan government and the international com-munity, can be lauded for their great ef-forts to give balanced advice in various forums on the options available to the Kenyan government.

The government, despite continued op-position from the Kenyan people and civil society, has submitted an aide-mé-moire to the UNSC seeking a one-year deferral. The grounds advanced by the Kenyan government do not appear to meet the requisite threshold for an Ar-ticle 16 deferral. It is encouraging that certain UNSC members have categori-

cally stated that they would not support a deferral request by Kenya as there are no genuine national mechanisms in place to address accountability for the 2007-2008 post-election violence. Civil society and other partners have set out to provide the UNSC with accurate information on the Kenya situation and urge the Council not to grant the Kenyan government’s re-quest for a deferral. As the Kenyan people await the verdict from the UNSC, the struggle against impunity continues. It is hoped that justice for victims will be real-ized sooner rather than later.

KENYAN CIVIL SOCIETY CALLS ON UNSC TO REFUSE ICC INVESTIGATION DEFERRAL BY STELLA NDIRANGU, PROGRAM MANAGER AT ICJ KENYA

THE IMPACT OF NGOS PRO-MOTING RATIFICATION AND IMPLEMENTATION IN AFRICAThe ratification and implementation campaign in Africa led by national civil society organizations—many of them Coalition members —has been fruit-ful: so far, 31 African states have ratified the Rome Statute (RS) and 24 have already or are in the pro-cess of implementing the RS into national law.

“With the support and expertise of the Coalition, African NGOs are the driving force behind the campaign: they raise awareness on the ICC among various stakeholders and advocate to states and relevant officials on the need to ratify the RS and adopt an implementation law,” says Francis Dako, the Coalition’s Africa coordinator.

Recent progress made in 2010 included Seychelles’ RS ratification and, in the Democratic Republic of Congo (DRC), the tabling of legislation imple-menting the RS at the latest session of the National Assembly, following an active campaign from the DRC National Coalition for the ICC and Parlia-mentarians for Global Action earlier that year.

While the political climate in some African coun-tries may negatively affect the efforts of national NGO members, their sustained engagement and determination to ensure that international crimes do not remain unpunished in their own country have undoubtedly made an impact on the conti-nent and the RS system.


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MOVING JUSTICE FORWARD IN HONDURAS Civil Society and Government Reactions to the ICC Preliminary Examination

ON 18 NOVEMBER 2010, the prosecutor of the International Criminal Court (ICC) announced that he had initiated a prelimi-nary examination in Honduras based on communications received by his office “on crimes linked to the coup of 2009…mostly regarding alleged massive cases of torture and more than a thousand people being ar-rested in one day.” This development was picked up by Honduran media outlets shortly after the information was made public by the prosecutor. There was significant confusion, however, regarding the concrete implications of the ICC examination.

In an effort to ensure expectations of the Court’s potential role in the country are realis-tic, Francesca Varda, the Coalition’s Americas regional coordinator, traveled to Tegucigalpa and San Pedro de Sula to meet with civil so-ciety groups and disseminate up-to-date in-formation on the ICC. A capacity-building

workshop, organized jointly with the Centro de Investigación y Promoción de los Derechos Humanos (CIPRODEH), brought together about 30 individuals and NGOs to provide a complete overview of the Court’s jurisdic-tion and scope of action and critically ad-dress lingering concerns regarding the Court’s potential impact on national investigations and prosecutions. An ensuing press briefing was widely covered by national radio outlets. Varda also engaged with various other stake-holders, including the European Union, the High Commissioner for Human Rights and the Human Rights Unit of the Attorney Gen-eral’s Office, in order to ascertain the steps be-ing undertaken by the Honduran government to investigate and prosecute crimes that could fall under the ICC’s remit.

In relation to implementation of the Rome Statute (RS) at the national level, the Hon-duran criminal code is largely silent on in-

ternational crimes. Legal reforms are neces-sary in order to incorporate crimes against humanity and war crimes into the criminal code, as well as to establish cooperation pro-visions with the ICC. Some efforts in this regard are underway in the context of the Human Rights Council Universal Periodic Review of Honduras, amending definitions of certain crimes, such as torture. However, as was emphasized during meetings with the vice minister of foreign affairs, it is vital that the Honduran government prioritize this re-form process if it is genuinely committed to accountability for past crimes.

In a positive development, President Porfirio Lobo Sosa established both a new Ministry of Justice and Human Rights and a Ministry for Indigenous People and Afrodescendents. It remains to be seen how these bodies will work in practice and whether they will receive the necessary political and financial support to function effectively, strengthen the rule of law and foster accountability in Honduras.

The government has also indicated that it has asked the United Nations to establish a body modeled on the hybrid International Commis-sion Against Impunity in Guatemala (CICIG), which would have jurisdiction over organized crime and landmark human rights cases in Honduras. However, there are conflicting re-ports in relation to the proposed body’s exact mandate and jurisdiction. The CICIG was to conclude its work some time ago, but its man-date was extended until September 2011. A new-look CICIG may be created that includes human rights issues in its mandate and be-comes regional in focus—incorporating both El Salvador and Honduras.

The Coalition will continue to closely monitor the situation in Honduras. The coming months promise important developments in the coun-try—most notably in May with the release of the Honduras Truth and Reconciliation Com-mission Final Report, which will surely invigo-rate the national debate for justice.

OAS HOLDS ANNUAL WORKING MEETING ON THE ICCTHE 2011 Organization of American States (OAS) Working Meeting on the ICC was held on 10 March in Washington, D.C. Organized by the OAS Department of Interna-tional Law, this year’s session focused on the results of the Review Conference of the Rome Statute (RS), held in Kampala in 2010. Participants addressed the need to comply with the principle of complementarity, and called on states to move forward with ef-forts to implement the RS. There were also in-depth discussions on the issue of coopera-tion, particularly in light of recent developments at the International Criminal Court (ICC), including recent African Union and United Nations Security Council resolutions. In this regard, a Framework Cooperation Agreement between the ICC and the General Secretariat of the OAS was concluded on 18 April 2011. Other topics included the Inter-American Juridicial Committee (IJC)’s ongoing work toward finalizing a model law on RS implementation, ratification of the crime of aggression amendment, the need for con-tinuous diplomatic support for the Court and the upcoming ICC elections.

Panelists included Assembly of States Parties President Ambassador Christian Wenawe-ser, Miriam Spittler (ICC Office of the Prosecutor), Karen Odaba Mosoti, (ICC Liaison Office to the United Nations), PGA Member MP Felipe Michelini (Uruguay), Patrick Zahnd (International Committee of the Red Cross - ICRC), Mauricio Herdocia (IJC) and Luis Toro (OAS). The working session brought together representatives from the Missions of Argentina, Belize, Brazil, Bolivia, Canada, Chile, Costa Rica, Colombia, Do-minican Republic, Ecuador, Haiti, Guatemala, Mexico, Nicaragua, Panama, Paraguay, Peru, Trinidad and Tobago, the United States, Uruguay and Venezuela, as well as OAS observer states and representatives from the International Committee of the Red Cross, Parliamentarians for Global Action and the Coalition.


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IN MARCH 2011, International Crim-inal Court (ICC) President Judge Sang-Hyun Song made an official visit to countries in Southeast Asia as part of a mission to encourage ICC membership in the region, which remains poorly rep-resented at the Court. President Song’s visit was met with encouraging commit-ments from governments and civil soci-ety in the region, giving hope that ratifi-cation will soon move forward in several countries in Asia.

During President Song’s visit to the Philippines, he met with Philippine President Benigno Aquino III, who an-nounced that on 28 February 2011 he had sent the ratification instrument of the Rome Statute (RS) to the Senate, the Philippines’ treaty-ratifying body.

At a meeting with members of the Phil-ippine Senate, media and civil society, among others, President Song lauded the move by their country’s Executive. “The next step is to ratify the RS, which would make the Philippines a full member of the ICC system, sending out a strong signal of your country’s commitment to peace, justice and the rule of law,” Song said. In his call for ratification in the Philippines and in the Asian region more generally, President Song echoed that of the Coali-tion, which has frequently targeted the country in its monthly Universal Ratifi-cation Campaign (URC).

In response to President Song’s state-ments, Senator Loren Legarda, the chair of the Senate Foreign Relations Committee, announced the creation of a sub-committee on accession to the ICC. In 1998, Senator Legarda had filed a resolution for ICC ratification during the administration of then-President Joseph Ejercito Estrada, who signed the instrument of ratification in 2000 but

was ousted from office before it could be transmitted to the Senate.

Meeting the press, President Song ex-plained the principles of complementar-ity and non-retroactivity in response to queries about specific cases that could be brought before the ICC by its mem-bers. He stated that the ICC, as a court of last resort, will only act if a state party is unable or unwilling to genuinely carry out investigations. He also clarified that the Court would only have jurisdiction over cases occurring after the RS comes into force in the Philippines.

Rebecca Lozada, the national coordina-tor of the Philippine Coalition for the ICC (PCICC), clarified that there should no longer be any impediments to rati-fication because the Philippines has al-ready incorporated the core tenets of the RS into domestic law through Republic Act No. 9851, the “Act on Crimes against International Humanitarian Law, Geno-cide and Other Crimes Against Human-ity, adopted in December 2009.”

Local civil society, including Coalition members, organized a public forum with President Song as the main speaker to push for the ratification of the RS.

PCICC Co-Chair Professor Raul Pan-galangan cited examples of the country’s engagement with international law and justice systems. “The Philippines is no stranger to international judicial pro-ceedings and international standards. International humanitarian law has be-come part of customary law, recognized even in the absence of a treaty,” he said in his call for the country to join the ICC.

From the Philippines, President Song proceeded to Malaysia, where he met with government leaders and civil soci-

ICC PRESIDENT’S VISIT GALVANIZES SUPPORT FOR RATIFICATION IN SOUTHEAST ASIA

COALITION HOLDS ASIA REGIONAL STRATEGY MEETING IN PHILIPPINESON 11-12 APRIL 2011, Coalition member organizations from 11 countries within the Asia region met in Manila, the Philippines, to discuss strategies to strengthen their national and regional campaigns for the ratification and implementation of the RS, in one of the most under-represented regions at the ICC. Participants adopted final recommendations addressed to Asian governments, ASEAN, SAARC, the ICC, the Coalition Secretariat and its members, as well as other international organizations. They called on Asian governments to support the fight against impunity, and in particular urged the Philippines and Malaysia to honor their commitment to promptly join the ICC. On 13 April 2011, participants took part in an event organized by the Philippine Coalition for the ICC and Amnesty International Philippines on “Philippines and the ICC” at the Bantayog memorial Center in Quezon City, attended by Philippine civil society and media, among others.

ICC President Judge Sang-Hyun Song addresses legisla-tors, members of the diplomatic community, representa-tives of civil society and the media at the Malaysian Par-liament in Kuala Lumpur on 9 March 2011. Credit: PCICC

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WITH 42 EUROPEAN states parties to the Rome Statute (RS) of the International Crimi-nal Court (ICC), European civil society and governments— including the European Union (EU) and its member states—are among the Court’s staunchest supporters, having played crucial roles in the ICC’s establishment. How-ever, much remains to be done to achieve uni-versal ratification and implementation of the Court’s founding treaty in the region.

Twelve states in Europe have not acceded to, or ratified, the RS: Armenia, Azerbaijan,

Belarus, the Holy See, Kazakhstan, Princi-pality of Monaco, Kyrgyzstan, the Russian Federation, Turkey, Turkmenistan, Ukraine and Uzbekistan.

While 25 European countries have fully imple-mented the RS into national legislation and another 10 have partially done so, many more have yet to take this necessary step. Enacting implementing legislation is crucial for na-tional systems to exercise jurisdiction over ICC crimes, deliver justice to victims and provide the Court with necessary coopera-tion and assistance.

“States in Eastern Europe and Central Asia have undertaken profound reforms, but in spite of the positive role played by the Council of Europe (CoE), the RS is still unfortunately not seen as a core treaty, and its ratification has a lower priority,” explains David Donat Cattin, director of programs at Parliamentarians for Global Action (PGA).

There is hope that Moldova’s ratification in October 2010 could inspire its neighbors.

Ukraine is the first non-state party to have ratified the Agreement on Privileges and Im-munities of the ICC (APIC), showing positive interest in the Court. However, internal po-litical turmoil has impeded the achievement of the RS ratification process, which had been at quite an advanced stage.

While the Russian government signed the Statute in 2000, the ratification process was never completed. The Russian Federation’s cooperation with the ICC on the preliminary examination in Georgia could be seen as a sign of positive engagement.

In the South Caucasus, where there is less progress on joining the ICC, Georgia is the only state party. Armenia signed the RS in 1999, and despite government commitment to re-launch the process in 2007, there have not been any advances. In Central Asia, where Ta-jikistan is the only state party, obstacles to rat-ification include unstable political situations

and a lack of effective human rights legislation.

With over 300 members in Europe, the Co-alition advocates for ratification and imple-mentation in the region and works to raise awareness of the ICC by organizing trainings, roundtables and other events to support the fight against impunity, dispel misunderstand-ings and address the political and constitu-tional constraints that can delay ratification.

The Coalition will continue urging the EU, the Organization for Security and Cooperation in Europe (OSCE), the CoE, and other organi-zations to promote universal ratification and implementation in Europe, among their mem-bers and beyond, both collectively and in their bilateral relations.

“In cases where ratification lacks internal sup-port, external support is essential to this pro-cess. EU efforts in promoting the ratification of the Statute in Moldova were crucial,” insists Veaceslav Tofan of the Moldovan Coalition for the ICC. “The EU should continue to provide assistance to third countries and their civil societies in the path to ratification and imple-mentation of the RS and the APIC,” he adds.

The fight against impunity is a priority for the EU, in particular through political, financial and technical assistance to support the Court and to advance universality and complemen-tarity. In March 2011, the Council of the EU adopted a ‘Decision on the ICC’, which reaf-firms its commitment to the Court and inter-national criminal justice—an important step forward in the implementation of the pledges made by the EU last year at the Review Confer-ence in Kampala.

“The EU should continue its efforts to ensure the effective implementation of ICC clauses in agreements negotiated with neighboring countries, in particular with Eastern neigh-bors such as Ukraine, Armenia and Azerbai-jan, and in agreements with candidate coun-tries such as Turkey,” says Virginie Amato, the Coalition’s Europe program officer.

TOWARD UNIVERSAL RATIFICATION OF THE ROME STATUTE IN EUROPE Status and Challenges

COALITION CALLS ON TURKEY TO JOIN THE ICCIn March 2011, the Coalition urged Tur-key to join the ICC as part of its Universal Ratification Campaign (URC). Turkey’s prime minister, Recep Tayyip Erdoğan, pledged in 2004 that Turkey would ap-prove the Rome Statute (RS) after com-pleting necessary internal preparations. However, it has still not joined the ICC.

A step forward came in December 2008 with the approval of the “Third National Program for the Adoption of the Euro-pean Union Acquis,” which references the ICC and notes that work was continuing toward ratification of the RS. At the 2010 Review Conference, Mr. Ismail Aramaz, head of the Turkish delegation, stated that while progress was required to amend Turkey’s legislation prior to accession, Turkey remained committed to this goal.

It is time for Turkey to fulfill its commit-ment to accede to the RS and fully align its legislation with all RS obligations, in-cluding accession to the APIC. The Turk-ish Coalition for the ICC—a network of prominent Turkish human rights NGOs—will continue to engage national authori-ties, the media, civil society and the gen-eral public to ensure the ICC remains on the agenda, particularly in advance of the upcoming parliamentary elections.


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UPDATEMENA

ON 2 FEBRUARY 2011, the Interim Cabinet of Tunisia indicated, after its first cabinet meeting, that the govern-ment was prepared to adhere to many important international human rights treaties and conventions—among them, the Rome Statute (RS) of the In-ternational Criminal Court (ICC). The Tunisian people had just succeeded in ousting a regime that had been in power for over 23 years. It heralded the begin-ning of a new era in Tunisia, marked by a stated commitment to human rights and international justice.

The Coalition, along with many of its member organizations, publicly wel-comed this decision to prioritize justice and accountability. The Coalition also encouraged its members in the region to take this opportunity to press their governments to also commit to pre-venting grave international crimes. In order to provide accountability when such crimes occur, civil society and other actors must urge their govern-ments to ratify the RS as an important early step toward justice.

On 9 March 2011, the Coalition and the Arab Institute for Human Rights (Tunisia) organized a one-day semi-nar on Tunisia’s accession to the RS. It was attended by over 50 individu-als, including members of civil society, government representatives, academics and members of the media. The semi-nar opened with welcoming remarks from Government Spokesperson and Honorary President of the Arab Insti-tute for Human Rights H.E. Mr. Taieb Bacchouch and focused on moving Tu-nisia’s accession to the RS forward and working with NGOs to push for RS rat-ification in other Arab countries.

On 10 and 11 March 2011, Coalition Convenor William R. Pace, Coalition

MENA Program Officer Amal Nassar, Dr. Amor Boubakri of the University of Sousse and representatives of the Arab Institute for Human Rights held meet-ings with local NGOs, the Ministry of Foreign Affairs, Ministry of Justice and the interim president of Tunisia, HE Mr. Foued Mebazaa. The interim president reiterated his support for the ICC and his interim government’s will-ingness to join the Court. While the changing political climate has played a significant part in moving this issue forward in Tunis, years of grass-roots civil society action has also contributed to shaping the progressive attitude of the interim government.

Since the events in Tunisia, non-violent protests have swept through the region, presenting the opportunity for sweep-ing reforms. Soon after the Tunisian experience came Egypt, where newly-appointed Minister of Foreign Affairs Nabil El Arabi has mentioned RS rati-fication as a priority. As the peoples of Algeria, Bahrain, Libya, Iran, Yemen and other countries take to the streets to demand their rights, further changes are on the horizon.

To date, only three Arab League mem-bers have ratified the RS: Comoros, Djibouti and Jordan. Reforms in the region are a tremendous opportunity to make justice and human rights a prior-ity. The Coalition will continue to call on all new governments in the region to mirror the Tunisian declaration by committing to accede to the RS and human rights treaties as a first priority. Adhering to these treaties will provide an important layer of protection to the people of the region going forward.

In this period of transition in the MENA region, the principles embod-ied by the RS are now a priority on the

political conscience of the people, and ratification of the Statute should be se-riously considered now more than ever. The Coalition’s members on the ground throughout the region are expressing the views of civil society in demand-ing accountability and intensifying the fight against impunity.

TUNISIA’S APPROVAL OF ACCESSION TO THE ICC HIGHLIGHTS OPPORTUNITY FOR JUSTICE IN THE REGION

ICC OPENS INVESTIGATION IN LIBYAON 3 MARCH 2011, ICC Prosecutor Luis More-no-Ocampo announced that following a prelimi-nary examination into recent events in Libya, his office was opening a formal investigation into pos-sible crimes committed in Libya since 15 February 2011. The announcement followed United Nations Security Council (UNSC) Resolution 1970, adopt-ed unanimously on 26 February, referring the situ-ation to the prosecutor. Libya is the sixth situation under investigation by the ICC and the second one referred by the UNSC.

During his announcement, the prosecutor stated that information he had gathered suggested that forces loyal to Colonel Muammar Qadhafi were attacking civilians in Libya, that these acts could constitute crimes against humanity and that they should not be allowed to continue. He insisted that his office would act swiftly and impartially and that “there would be no impunity for leaders involved in the commission of crimes.” On 4 March 2011, ICC President Judge Sang-Hyun Song assigned the situ-ation in Libya to Pre-Trial Chamber I. The prosecu-tor was scheduled to address the UNSC on 4 May 2011 and will do so every six months thereafter on the progress made in the investigation.

Since the Court does not have its own police force, it is crucial for Libya and other states concerned, as well as international and regional organizations, to cooperate fully with the Court in order for the Libyan situation to be fully addressed, including by facilitating the gathering of evidence and ensur-ing the arrest of potential suspects.


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ICC PRESIDENT’S VISIT IN SOUTHEAST ASIA (continued from page 15)

ety groups and attended the second Asia-Pacific Consultation on the Universality of the Rome Statute of the International Criminal Court, organized by Parlia-mentarians for Global Action (PGA). In his keynote speech, President Song called on the Malaysian government to accede to the Rome Statute as soon as possible, saying that “Malaysia and Philippines, to-gether with Cambodia and Timor Leste, can lead Southeast Asia and the rest of the Asian countries in shaping the Court.”

Numerous Malaysian officials echoed President Song’s message, expressing their support for Malaysia’s accession

and hoped the conference would pave the way to better understanding and ap-preciation of the Court’s work.

Officials representing Kiribati and the Maldives also gave updates on their re-spective countries’ progress toward RS ratification. Maldives’ attorney general and Justice Minister Ahmed Ali Sawad announced that a bill for ratification is now pending at the Parliament’s com-mittee on national security. A report by a Nepalese PGA member also indicated bet-ter prospects for ratification with Nepal’s new parliament and new prime minister.

President Song previously visited Ban-gladesh, Indonesia, Laos, Nepal and Thailand to promote ratification and implementation, with Bangladesh ratify-ing soon afterwards, in March 2010. His open commitment to ratification and implementation in the region has proven instrumental to ICC accession, alongside the relentless efforts undertaken by the Coalition and its members in Asia.

Following President Song’s visit to the region, the Malaysian Senate ratified the RS. For more information on this im-portant step forward, please see the box on page 20.

LATEST RATIFICATIONS BY REGION*

AFRICARome StatuteSignatures: 41 Ratifications: 31 Most Recent: Seychelles (10 August 2010)

APICSignatures: 11 Ratifications: 12Most Recent: Gabon (20 September 2010)

AMERICASRome StatuteSignatures: 26 Ratifications: 26 Most Recent: St. Lucia (18 August 2010)

APICSignatures: 16 Ratifications: 15Most Recent: Costa Rica (28 April 2011)

MIDDLE EAST/NORTH AFRICARome StatuteSignatures: 12 Ratifications: 1 Most Recent: Jordan (11 April 2002)

APICSignatures: 1 Ratifications: 0Most Recent: N/A

ASIA/PACIFICRome StatuteSignatures: 13 Ratifications: 14 Most Recent: Bangladesh (23 March 2010)

APICSignatures: 3 Ratifications: 2Most Recent: Republic of Korea (18 October 2006)

EUROPERome StatuteSignatures: 46 Ratifications: 42 Most Recent: Republic of Moldova (12 October 2010)

APICSignatures: 31 Ratifications: 37Most Recent: Czech Republic (4 May 2011)

In 2011, there have been positive developments regarding ratification of the ICC Rome Statute and the Agreement on Privileges and Im-munities of the ICC (APIC) in the MENA, Asia and Europe regions. Tunisia, Malaysia and the Philippines have advanced their Rome Statute ratification processes, and the Czech Republic and Costa Rica have approved ratification of the APIC. Each development repre-sents an important step in ending impunity for the most serious international crimes. The Coalition is working actively with its mem-bers worldwide to sustain advocacy efforts with governments, parliaments and the media to ensure universal acceptance of the ICC.

Read more: http://www.coalitionfortheicc.org/?mod=ratimp

*The above signatory count reflects the signatures of Israel, Sudan and the United States. However, all three states submitted formal notes to the UNSG“nullifying” their signature. For further information, please consult the UN Treaty Collections at http://treaties.un.org/


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Liberia—On 9 February 2011, the Liberian Legislature in collaboration with Parliamentarians for Global Action (PGA) organized a regional roundtable discussion on the implementation of the Rome Statute (RS) in Monrovia, Liberia. Parliamentarians from Côte d’Ivoire, Ghana, Guinea, Liberia, Mali, Sierra Leone and Ireland discussed questions re-lated to the International Criminal Court (ICC) and the advancement of implementing legislation at the domestic level. ICC Deputy Prosecu-tor Fatou Bensouda, representatives from the American Embassy, the European Union (EU) delegation in Liberia, the United Nations (UN) Mission in Liberia and civil society also took part in the event.

Uganda—From 28-31 March, the International Crime in Africa Programme of the Institute for Security Studies organized a train-ing workshop on cooperation in international criminal matters for Ugandan prosecutors and justice practitioners in Entebbe, Uganda.

South Africa—The EU hosted a seminar for African and European civil society on accountability and justice in Pretoria, South Africa, from 11-12 April. It offered a platform for civil society and govern-ment officials to exchange views and discuss experiences and best practices with regard to international criminal justice matters, in-cluding the implementation of the RS in their respective states, in order to strengthen advocacy on international justice.

AFRICA RE

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Turkey—In commemoration of the International Day against the use of child soldiers on 12 February 2011, the Turkish Coalition for the ICC, along with other organizations, took to the streets to shed light on the issue of child soldiers and to demand an end to impunity for those responsible for using child soldiers (pictured above).

The Netherlands—From 4-7 April, representatives of civil society or-ganizations (CSOs) from all regions of the world participated in the bi-annual roundtable meetings with the ICC at the seat of the Court in The Hague. These meetings offer the opportunity for CSOs to exchange openly with and make recommendations to the different organs of the Court regarding key ICC developments and challenges.

Czech Republic—In March 2011, the Czech Senate and Chamber of Deputies voted in favor of accession to the APIC.

EUROPE

Yemen—On 28 November 2010, the Human Rights Information and Training Center-Yemen (HRITC) organized a symposium on “An Introduction to the Role of the International Criminal Court,” in cooperation with the Coalition for the ICC and the In-ternational Committee of the Red Cross. Around 40 participants attended the event, including Yemeni Minister of Foreign Affairs Dr. Ammar Qurabi, representatives of civil society, academics, lawyers and the media. Participants urged the government of Ye-men to seriously consider ratifying the RS and called on Arab gov-ernments to adopt a positive, unified position toward the Court. Representatives of the Yemeni Coalition for the ICC called on at-tendees to join the Coalition. Dr. Qurabi committed to advance towards ratification of the Statute and stated that the government would work towards a positive regional position on the ICC as recommended by participants.

MIDDLE EAST/NORTH AFRICA

Costa Rica—On 16 March 2011, the Costa Rican Legislative Assembly enacted a law ratifying the Agreement on Privileges and Immunities of the ICC (APIC). On 25 March, approval of the law was published in the Official Gazette of Costa Rica, thereby allowing for the ratification instrument to be deposited at the UN Treaty Office—the final step in the formal ratification process.

Peru—In February 2011, the ad hoc Parliamentarian Committee in charge of reviewing the Peruvian Criminal Code completed its draft-ing work on a specific chapter which incorporates RS crimes into the Peruvian criminal legislation. The bill is set to be submitted to the ple-nary for its final approval.

AMERICAS

Malaysia—PGA organized an Asia-Pacific consultation on the uni-versality of the RS, which was hosted by the Malaysian Parliament from 9-10 March, in Kuala Lumpur. ICC President Judge Sang-Hyun Song participated as a keynote speaker and called on the Malaysian government to accede to the RS. The Malaysian attorney general, the minister for laws and parliamentary affairs and other key officials gave important views on Malaysia’s prospects of joining the ICC.

Cambodia—Cambodia hosted an ASEAN conference on the ICC from 28-29 April. The meeting was co-organized by the Coalition and ADHOC, in cooperation with the Cambodian Ministry of Jus-tice and supported by the European Commission in Cambodia.

ASIA/PACIFIC

REGIONALHIGHLIGHTS

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IN ORDER FOR the International Criminal Court (ICC) to succeed, an in-creasing majority of the world’s nations must support the Court by ratifying the Rome Statute (RS), implementing the Statute in their national legislation and co-operating with the Court. Since 1999, the Coalition has worked with its members around the world to seek universal ratification of the RS.

To this end, the Coalition engages in a monthly Universal Ratification Cam-paign (URC). From among the numerous states the Coalition is pressing to join the Court, it selects one state each month to be the focus of special advocacy

actions. The Coalition’s campaign utilizes advocacy measures and materials to publicize the work of the ICC and the importance of ratification in the selected coun-try. The Coalition works actively with members in every region, and particularly in the target country, to intensify efforts to en-sure universal acceptance of the RS. Upcoming targets for the URC include the Maldives, Mauritania, Indonesia, Nepal, Guatemala, Ni-caragua and El Salvador.

The Coalition has redoubled its ratification efforts in regions of the world that are underrepre-sented at the ICC, such as Asia and the Middle East, and continues to advocate strongly in non-party states the importance of joining this new fundamental system of justice.

We urge you to get involved with our campaign by carrying out some of the following activities:

1. Write a letter to the president and prime minister of the selected country to encourage them to ratify the Rome Statute. Please be sure to cc all relevant contacts, including the min-isters of foreign affairs and justice, and the permanent representative to the UN, and send a copy to us at [email protected]. Relevant contact information is available on the Coalition’s URC page at: http://coalitionfortheicc.org/?mod=urc 2. Modify a copy of the model letter available on the Coalition’s ratification campaign page at: http://www.coalitionfortheicc.org/?mod=urc and send it to the relevant target country’s embassy in your own country.3. Be in contact with the Coalition’s Secretariat to discuss possible initiatives and suggested actions in your region by e-mailing: [email protected] 4. Send a press release to key journalists in your country or organize a media briefing to raise awareness about the URC campaign. Please email [email protected] to receive a model press release or for other media questions. 5. Post the Coalition’s Facebook URC message on your own Facebook page and spread the word. More at: http://www.facebook.com/CoalitionfortheInternationalCriminalCourt

For more information, visit: www.coalitionfortheicc.org or contact: [email protected]

JOIN THE COALITION’S UNIVERSAL RATIFICATION CAMPAIGN

COALITION FOR THE INTERNATIONAL CRIMINAL COURTwww.coalitionfortheicc.org

Credit (top to bottom): On International Justice Day (IJD) 2010, the Moldovan Coalition for ICC collects signatures for a petition calling on Moldovan authorities to ratify the Rome Statute (RS). Credit: Moldovan Coalition for the ICC; the Coalition’s Africa Coordinator Francis Dako presses authorities to move forward with Togo’s accession to the RS during an advocacy mission in Togo in December 2010. Credit: CICC; Chile deposits its instrument of ratification at the UN on 29 June 2009. Credit: CICC; A peaceful sit-in by civil society demanding the Nepalese government to accede to the RS on IJD, 2009. Credit: FOHRID

Coalition member Parliamentarians for Global Action (PGA) hosted the Asia-Pacific Consultation on the Universality of the Rome Statute of the ICC on 9-10 March 2011 in Malaysia. Shortly afterwards, the government of Malaysia announced its decision to accede to the Rome Statute (RS) of the ICC. This decision, along with advances in the Philippines, is re-flective of recent progress made toward RS ratification in the hitherto underrepresented Asian region. Malaysia was also the target for the Coalition’s Universal Ratification Campaign in January 2011. Credit: PGA

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