Promoting a Fair, Effective and Independent International Criminal Court

Promoting a Fair, Effective and Independent International Criminal Court

Presentation Overview

Part One: About the International Criminal Court (ICC) Overview - History Structure of the Court Bringing a Case to the ICC Current Investigations Why Support the ICC? Which Countries Have Ratified the Rome Statute? The Role of the Assembly of States Parties (ASP)

Part Two: About the NGO Coalition for the International Criminal Court Mission – History – Objectives What We Do – Issues and Campaigns Regional Coordination Our Network – Steering Committee Members Our Supporters

Part Three: How NGOs and Individuals Can Support the ICC What Can NGOs Do? What Can NGOs and/or Individuals Do?

Part One: About the International Criminal Court (ICC)

Photo Credit: ICC/CPI Wim Van Capellen

Overview Based in the Hague, the Netherlands

First permanent court capable of trying individuals accused of:

oGenocide

oCrimes against humanity

oWar crimes

oAggression (once defined)

Known as the “court of last resort”

Acts when national courts are unwilling or unable to do so


HistoryHistory

July 17, 1998: 120 nations voted in favor of the adoption of the Rome Statute during the Rome Diplomatic Conference

CICC members actively participated at conference

Photo Credit: UN UN Secretary General Kofi Annan, government officials and NGO representatives at the

adoption of the Rome Statute


A special UN treaty ceremony marked the 60th

ratification on April 11, 2002

The 60th ratification triggered the Rome Statute’s

entry into force on July 1, 2002

Making the Court A Reality

Photo Credit:UNPresent at the treaty ceremony were (l-r) Prof. Ben Ferencz, CICC Convenor Bill Pace, President A.N.R

Robinson, Prof. Cherif Bassiouni, H.E. Philippe Kirsch and UN Legal Counsel Hans Corell


Structure of the Court: The Presidencythe Court: The Presidency


President: Judge Philippe Kirsch of Canada

Manages the Court, with the exception of the Office

of the Prosecutor

Coordinates with the Prosecutor on all matters of

mutual concern

ICC President Philippe Kirsch


Structure of the Court: The Judges

Photo Credit: ICC/CPI Wim Van CapellenICC Judges

18 judges, seven of whom are women

Staggered terms of three, six, and nine years

Represent all regions of the world and principal

legal systems from around the world

As judges, they do not represent their states or any

political parties


Structure of the Court: The Registry


ICC Registrar: Bruno Cathala

Principal administrative officer of the Court

Registry is responsible for non-judicial aspects of the

administration and servicing of the Court

ICC Registrar Bruno Cathala


Structure of the Court: The Office of the Prosecutor (OTP)

Chief Prosecutor: Luis Moreno-Ocampo

Conducts investigations and prosecutions of crimes

that fall within the jurisdiction of the Court

(l-r) Chief Prosecutor Luis Moreno-Ocampo with Deputy Prosecutors Ms. Fatou Bensouda and Mr. Serge Brammertz


Bringing a Case to the ICC: Preconditions to the Exercise of ICC Jurisdiction

Non-retroactive jurisdiction began July 1, 2002 Jurisdiction over crimes committed:

o By nationals of States that have ratified the ICC Statute

o On the territory of States Parties

o Matters referred by the UN Security Council Under the principle of complementarity, states have the primary

responsibility and duty to investigate (and prosecute) alleged crimes

The Court will only act when national courts are unwilling or unable to do so (as defined in Article 17(2) and Article 17(3))


Bringing a Case to the ICC: Who Can Initiate Investigations Leading to

Possible ICC Prosecutions?

1. A State Party can refer a situation to the Court

2. The UN Security Council (under Chapter VII of the UN Charter) can refer a situation to the Court

3. The ICC Prosecutor can begin an investigation on his or her own initiative and authority (propio motu)

However, a Pre-Trial Chamber must approve any investigation initiated by the Prosecutor


Current Investigations1. Democratic Republic of Congo (DRC)

March 2004: DRC Government referred the situation to the ICC

June 23, 2004: ICC Prosecutor Luis Moreno Ocampo announced the Court's first formal investigation into alleged atrocities committed in the DRC

2. Uganda December 2003: Ugandan Government referred situation in

Northern Uganda to the Court July 29, 2004: ICC Prosecutor announced the launch of a full

investigation


Current Investigations3. Darfur (Sudan)

January 2005: The International Commission of Inquiry on Darfur, established by UN Secretary-General Kofi Annan, reported that there was reason to believe crimes of humanity and war crimes had been committed in Darfur

March 31, 2005: UN Security Council passed SC Resolution 1593, referring the situation in Darfur to the ICC

June 6, 2005: After interviewing over 50 independent experts and reviewing relevant documents, the ICC Prosecutor announced the opening of a formal investigation into Darfur


Why Support the ICC? Represents a major step forward in the fight against impunity Empowers the international community to react more rapidly

through an impartial, permanent, international judicial mechanism Strengthens the ability of national judicial systems to address

crimes of genocide, war crimes, and crimes against humanity Acts as an impartial body by preventing “victor’s justice” Addresses the needs and contributions of victims and witnesses Provides the opportunity for victims to receive financial

reparations through the Victims’ Trust Fund Stands as a deterrent against future atrocities


Which 99 Countries Have Ratified the Rome Statute?

20

27

122614


The Assembly of States Parties (ASP)


President of ASP: HRH Prince Zeid Ra'ad Zeid of Jordan

The management oversight and legislative body of the ICC

Composed of representatives of the States that have

ratified or acceded to the Rome Statute

Meets once a year to discuss and vote on issues before the Court

The ASP During its Third Session


MissionThe Coalition for the International Criminal Court (CICC) is a network of over 2,000 non-governmental organizations (NGOs) advocating for a fair, effective and independent International Criminal Court (ICC).

Part Two: About the NGO Coalition for the International Criminal Court

History of the Coalition February 10, 1995: Formation of

the CICC in New York City

Convened under William Pace, Executive Director of the World

Federalist Movement-Institute for Global Policy

Now includes over 2,000 NGOs from many sectors of global civil

society CICC Program Director, Tanya Karanasios and CICC Convenor, William Pace


Regional Coordination

* New York Secretariat

* The Hague Secretariat

*Mexico City, Mexico

*Lagos, NigeriaBenin City,* *Quezon City, Phillipines

*Buenos Aires, Argentina

Brussels, Belgium*

*Sana’a, Yemen


Objectives1. Promoting awareness of the ICC and Rome Statute 2. Facilitating the effective participation of civil society in the

sessions of the Assembly of States Parties 3. Promoting universal acceptance and ratification of accession

to the Rome Statute and the full implementation of the treaty’s obligations into national law

4. Monitoring and supporting the Court’s work5. Promoting international support for the Court6. Strengthening CICC networks around the world


Our Network 30 members at its founding - now more than 2,000 NGOs

NGO members from all regions of the world, representing a vast array of interests and expertise

Together, the Coalition and its members organize themselves and coordinate activities in order to support the establishment of the ICC

CICC Steering Committee – founding NGOs which guide the work of the Coalition


Steering Committee Members Amnesty International Asociación Pro Derechos Humanos European Law Students Association Fédération Internationale des Ligues des Droits de l’Homme Human Rights First Human Rights Watch No Peace Without Justice Parliamentarians for Global Action Rights & Democracy Women’s Initiatives for Gender Justice World Federalist Movement-Institute for Global Policy (WFM-

IGP)


What We DoThe Coalition for the International Criminal Court…

Campaigns, using its global network of members to coordinate campaigns around the world

Raises Awareness, providing crucial information on the Court through publicly available print and electronic resources

Provides Expertise, publishing research and advocacy papers on issues important to the Court


What We DoThe Coalition for the International Criminal Court…

Coordinates NGOs, providing logistical and financial support to its members as well as analysis and background information

Works closely with Governments, organizing meetings between NGOs and governments and observing meetings of “The Friends of the ICC,” an informal group of government representatives who support the ICC

Monitors the Issues, actively monitoring the ASP and presenting recommendations to the ASP, often at the request of governments


Issues and CampaignsCICC members campaign on specific issues in a number of ways

including (among others)… National, regional and international campaigns

o Ratification and Implementationo Election of ICC officialso Defending the integrity of the Rome Statute and the ICC

Thematic caucuseso Victims Rights Working Groupo Women’s Initiatives for Gender Justiceo Faith and Ethics-based Network for the ICC

Issue-based teamso Budget and Finance Teamo Communications and Outreacho Legal Representation (for victims and defense)


Our SupportersThe primary contributions to the Coalition’s work come from member

organizations who carry out the hard work necessary to achieve the CICC’s goals, and commit thousands of staff and millions of dollars from their own programs.

CICC has received major financial contributions from:

The Ford Foundation The John D. and Catherine T. MacArthur Foundation

The European Commission


Our SupportersOver the years, grants have been received from:

Open Society Institute

Paul and Daisy Soros Foundation

Planethood Foundation

Reebok Foundation

Third Millennium Foundation

The governments of Canada, Denmark, Finland, Germany, Greece, Italy, Liechtenstein, Luxembourg, the Netherlands, New Zealand, Portugal, Sweden, Sweden, Switzerland, and the UK


What Can NGOs Do?

Become an NGO member or join a national or regional network

Urge your national and regional governments to ratify and implement the

ICC Statute

Follow developments at the meetings of the Assembly of States Parties to the

Rome Statute of the ICC

Part Three: How NGOs and Individuals Can Support the ICC

What Can NGOs and/or Individuals Do?

Participate actively in a CICC campaign, thematic caucus or issue-based team

Hold briefings for civil society organizations and for the press to inform them about the ICC

Contact the Coalition to do translations of key information materials to the languages in your region

Write a letter to the local editor of your newspaper in support of the ICC


What Can NGOs and/or Individuals Do?

Visit the CICC’s website at: www.iccnow.org (and link to your website)

Subscribe to the CICC’s listservs:o for English, email: [email protected] for French, email: [email protected] for Spanish, email: [email protected] for Portuguese, email: [email protected]

Request print, electronic and audiovisual ICC Resources available from the CICC (public education tools)


Questions &Comments

Visit us online: www.iccnow.org orContact us: [email protected]

The NGO Coalition for the International Criminal Court

Documents

Promoting a Fair, Effective and Independent International Criminal Court