ICC Assembly of States Parties 2018: Final Day

 

ASP

[photo credit: @NLatICC via Twitter]

The final day of the ICC Assembly of States Parties was marked by highs and lows.

In positive news, Assembly attendees learned that Patrice-Edouard Ngaïssona had been arrested by French authorities pursuant to an arrest warrant issued by Pre-Trial Chamber II on December 7. The warrant alleges that Ngaïssona bears criminal responsibility for war crimes and crimes against humanity committed in the western part of the Central African Republic (CAR) between at least December 5, 2013 and at least December 2014. The Chamber was satisfied that there are reasonable grounds to believe that an internal armed conflict was ongoing in the CAR between the Seleka – a coalition of armed groups predominantly composed of Muslim fighters – and the Anti-Balaka – a predominantly Christian countermovement to the Seleka. The Chamber also found that there are reasonable grounds to believe that, from at least September 2013 until at least December 2014, a widespread and systematic attack was carried out by the Anti-Balaka against the Muslim civilian population and anyone perceived to support the Seleka. Ngaïssona was the most senior leader and the National General Coordinator of the Anti-Balaka.

In less positive news, the Assembly approved the 2019 budget of the ICC at €148,135,100. This represents a very small increase over 2018 of .49%. The Committee on Budget and Finance (CBF) had recommended a .6% increase, and therefore the approved budget is lower than the CBF recommendation by €150,000. For those inside and outside of the Court who felt that the CBF recommendation should represent a floor, this further cut was worrisome. The Court had requested a 2.4% increase. In real terms, this .49% increase does not keep pace with inflation, is a de facto budget decrease, and severely limits the number of preliminary examinations, situations and cases the Prosecutor can pursue on an annual basis. Ten states – Argentina, Belgium, Costa Rica, Finland, Liechtenstein, Luxembourg, Netherlands, Slovenia, Sweden and Switzerland – issued a strong statement of disappointment with the annual Assembly budgetary process as continually leading to the underfunding of key ICC roles.

States Parties also adopted the Omnibus resolution, which states:

“The Assembly of States Parties reconfirms its unwavering support for the Court as an independent and impartial judicial institution, reiterates its commitment to uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity undeterred by any threats against the Court, its officials and those cooperating with it, and renews its resolve to stand united against impunity.”

States Parties additionally adopted the Report of the Credentials Committee and the Report on the 17th session of the Assembly. The dates of the 2019 ASP have not yet been decided, but the date and venue should be announced by January 31, 2019.

Today, Catherine Savard returns to blogging for the IntLawGrrls symposium, having also participated in 2017. Her three-part blog post focuses on the ICC Prosecutor’s preliminary examinations.

Catherine is Assistant Coordinator with the Canadian Partnership for International Justice and member of the Canada Research Chair on International Criminal Justice and Human Rights. She is currently pursuing a Master’s degree in international law at Université Laval (Canada) under the supervision of Prof. Fannie Lafontaine. Her research interests are international criminal, humanitarian and humanCatherine rights law. She recently represented her university at the Jean-Pictet international humanitarian law competition and will represent it again in 2019 the context of the Charles-Rousseau public international law competition. She has also been very involved with the Université Laval’s International Criminal and Humanitarian Law Clinic, for which she has completed nearly 10 research mandates. Her research focusses on modes of liability in international criminal law, sexual and gender-based violence and cultural genocide of Indigenous peoples in Canada.

A heartfelt welcome back, Catherine!

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ICC Assembly of States Parties 2018: Day Six

FIDH

[photo credit: FIDH. This image graces the cover of FIDH’s recently-released report, Victims at the Center of Justice: Reflections on the Promises and the Reality of Victim Participation at the ICC (1998-2018)]

Day Six of the ICC Assembly of States Parties began with a two hour plenary discussion titled “Achievements and challenges regarding victims’ participation and legal representation after 20 years of the adoption of the Rome Statute” organized by Argentina and the United Kingdom as co-facilitators. States Parties, Court officials and civil society representatives were invited to share their views on questions such as: at what stages may victims participate, which victims may participate, what does participation mean in practice, and how does legal representation work? Themes emerging from this discussion included the ethical and legal obligations owed to victims, ensuring that victims do not feel used by the ICC, calls for the re-establishment of a focal point for victims, and the streamlining of the ICC’s victim participation process. A number of side events on victim-related issues were also held today, summarized here by the Coalition for the ICC.

Following the plenary discussion, States Parties adopted three resolutions. One resolution addressed the amendment of Rule 26 of the Rules of Procedure and Evidence – which addresses the receipt of misconduct complaints against ICC judges, the Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar – to make the Rule fit better with the mandate of the Independent Oversight Mechanism. The other resolutions focused on cooperation and remuneration of the judges. States Parties also discussed the budget, and introduced a draft resolution on the budget in the afternoon. States Parties additionally considered a draft of the omnibus resolution in the afternoon.

I extend a heartfelt welcome to Marie Prigent, who joins the IntLawGrrls symposium with a post on the Assembly, which she is attending with the Canadian Partnership for International Justice.

Marie holds a Master’s degree of International and Comparative Law from Toulouse 1 Capitole University in France. She studied international law abroad, at the Complutense University of Madrid and Université Laval in Quebec. She then joined Université Laval’sPHOTO CV International Criminal and Humanitarian Law Clinic in January 2018 and continues her work as a research intern. Her researches focused on transitional justice, amnesty laws, victims’ participation and rights of human rights defenders. Her fields of interest include criminal, humanitarian and human rights law. She will prepare for the Quebec bar exam from January 2019.

 

ICC Assembly of States Parties 2018: Day Five

UNDR

Photo credit: United Nations Archives. A group of visitors from Japan look at the Universal Declaration of Human Rights during a visit to the UN’s temporary headquarters at Lake Success in February 1950.

Today – December 10, the 70th anniversary of the Universal Declaration of Human Rights – the 2018 ICC Assembly of States Parties resumed after a one day break. The main focus of the day was on the ICC’s budget. The ICC’s Registrar, Peter Lewis, and the Chair of the Committee on Budget and Finance (CBF), Hitoshi Kozaki (Japan), both presented. The Assembly then considered the audit reports.

The organs of the ICC have jointly presented a budget request for just over 151 million Euros, while the CBF recommended a budget of 144.87 million Euros. A number of NGOs, including the Coalition for an ICC, have urged states to consider the CBF recommendations as the bare minimum  budget for the 2019 budget discussions, as opposed to the starting point from which to cut.

An important side-event took place today titled “Call it what it is: Campaign to define sexual violence”. It was organized by the Women’s Initiatives for Gender Justice (WIGJ) and co-hosted by Argentina, Australia, Canada, Costa Rica, New Zealand, Republic of Korea, Sweden, Switzerland, United Kingdom and WIGJ. Melisa Handl is contributing two blog posts today to this IntLawGrrls symposium on this topic. Melissa is attending the ICC Assembly of States Parties with the Canadian Partnership for International Justice (CPIJ).

Melisa is a lawyer from Argentina and a Ph.D. student in the Faculty of Law at the University of Ottawa (Canada). Her research interests include international law, gender, development, qualitative research, and international human rights. Melisa holds a Master of Arts in International Affairs with specialization in “International Institutions and Global Governance” from the Norman Paterson School of International Affairs (Canada). Melisa also holds a Master of Laws from the University of Ottawa with aDSC_0316 specialization in Human Rights and Social Justice. She is currently investigating whether conditional cash transfers are contributing to greater gender equality in the context of Argentina, and intends to connect a top-down approach to international human rights with the experiences of actual beneficiary women on the ground. She is part of a Canada-Mexico project which involves training Mexican judges on issues related to international human rights and is in charge of the “Violence Against Women and Gender” workshop. She is working with Professor and CPIJ Co-Researcher Penelope Simons on corporate accountability, gender, and the extractive industry and specifically, writing about gendering the United Nations Guiding Principles on Business and Human Rights from a socio-legal feminist methodology.

A heartfelt welcome to Melisa to this IntLawGrrls symposium!

ICC Assembly of States Parties 2018: Day Four

Yesterday, the fourth day of the ICC’s Assembly of States Parties, was focused on consulations on the annual ‘omnibus’ resolution, which is titled “Strengthening the International Criminal Court and the Assembly of States Parties”. This resolution is usually quite lengthy, as the 2017 resolution shows – and covers a wide range of issues. It addresses the goal of universal ratification of the Rome Statute, and invites states not yet parties to the Rome Statute to ratify. It also reiterates the obligations of States Parties under the Agreement on the Privileges and Immunities of the ICC. It calls upon States Parties to cooperate – legally, politically and diplomatically – with the Court, including on arresting individuals for whom a warrant of arrest has been issued. Other issues it tends to cover are: the relationship of the ICC with the United Nations and other international organizations, the relationship with the Netherlands as host state, the activities of the Court (such as the Prosecutor’s implementation of her office’s Policy Paper on Sexual and Gender-Based Crimes), upcoming elections, working methods, issues related to victims, staff recruitment, complementarity, the Independent Oversight Mechanism, the budget, amendments and participation in the Assembly. Negotiations on this resolution will continue on Monday, December 10th.

A number of side-events also took place on the fourth day of the Assembly, including sessions on the prosecution of war crimes in Iraqi Kurdistan, the situation in Georgia, the role of Latin America and the Caribbean in the adoption of the Rome Statute, transitional justice in Mexico, and the link between the ICC and environmental law.

With this post, I introduce Sarah Nimigan, who is blogging for IntLawGrrls today. She is currently at the Assembly as a delegate of the Canadian Partership for International Justice. Sarah is a Ph.D. candidate in the Department of Political Science at the University of Western Ontario (Canada) with specialization in Transitional Justice and Post-Conflict Reconstruction. Her dissertation addresses the problems facing the International Criminal Court through the African experience. More specifically, her research traces theSarah Nimigan active role taken by various African delegations in negotiating the Rome Statute from 1993-1998 to better explain and situate the criticisms levied against the ICC today. She holds an LL.M. in International Human Rights Law from the University of Exeter (United Kingdom) and a Master of Arts in Political Science with specialization in Migration and Ethnic Relations. Both her LL.M. and M.A. degrees focused on sexual and gender-based crimes within the contexts of international criminal law and transitional justice.

Heartfelt welcome to Sarah!

ICC Assembly of States Parties 2018: Day Three

Slovenia Signing ICC

Day three of the 2018 ICC Assembly of States Parties focused on state cooperation and the 20th anniversary of the Rome Statute.

The day opened with a special plenary meeting on the topic of “20 Years After Rome: Back to the Major Challenges of Cooperation”.  The discussion focused on cooperation related to arrests, financial and other types of investigations, and enforcement of sentences. Slovenia signed its agreement on enforcement of sentences with the ICC at the plenary [above, photo credit: CICC]. Many states made three minute interventions during this plenary, including Austria for the European Union, Belgium, Brazil, Chile, Costa Rica, Czech Republic, Ecuador, El Salvador, Japan, Mali, Mexico, Netherlands, Norway, Palestine, South Korea, Spain, Uganda, Uruguay, United Kingdom and Venezuela. Spain pledged to enter into additional cooperation agreements with the ICC.

The afternoon plenary was titled “Rome Statute 20 years – Addressing current and future challenges”. The plenary began with a video on the 20th anniversary, available here. This was followed by a panel discussion with representatives of the African Union, Chile, the Coalition for an ICC (CICC), Costa Rica and Romania, and Prof. John Dugard of Leiden University. This was followed by state interventions. As noted by Bill Pace of the CICC, and echoed by others, some of the innovations of the Rome Statute are under threat today.

The General Debate also resumed today, with seven civil society speakers taking the floor to make statements, including Human Rights Watch.

The day was packed with 12 side events, and a reception hosted by the CICC and the City of The Hague. For an excellent summary of these side-events, please see the CICC’s summaries here.

Marie-Laure Tapp joins the IntLawGrrls symposium today with a two-part blog post on domestic prosecutions of individuals for war crimes and crimes against humanity in the Syrian conflict.

Marie-Laure is a lawyer and LL.M. Candidate (International and Transnational Law) at Université Laval. She holds a B.A. in Political Science and International Development from McGill University and degrees in Civil Law and Common Law, also from McGill University. She completed her articles at the International Committee of the Red Cross (ICRC) in Geneva and subsequently worked as a volunteer legal advisor in Mali with Lawyers Without Borders Canada and in Nepal with the International Institute for Democracy and Electoral Assistance. She was involved with Université Laval’s

Marie-Laure Tapp

Marie-Laure Tapp

International Criminal and Humanitarian Law Clinic and works as a translator and team supervisor for the translation of the Updated Commentary on the Second Geneva Convention, a partnership between Université Laval and the ICRC Delegation in Paris. Her main areas of interest (which are numerous) are the respect and dissemination of international humanitarian law and, on the international criminal law front, the principle of complementarity and universal jurisdiction. She is also very much interested in human rights investigation and advocacy. She has also been involved in several human rights education and access to justice initiatives over the past 10 years.

A heartfelt welcome to Marie-Laure to this IntLawGrrls symposium!

 

 

ICC Assembly of States Parties Symposium 2018: Day Two

ICC ASP Day 2The focus of Day Two of the 2018 International Criminal Court Assembly of States Parties meeting was the General Debate, with States Parties, observer States, international organizations and nongovernmental organizations giving statements. [photo credit: Marieke de Hoon via Twitter]

Several states stressed the importance of beginning the search soon for a new Prosecutor for the ICC. While Fatou Bensouda‘s mandate does not end until June 15, 2021, the process of identifying suitable candidates will certainly take some time. Some states indicated the need for early elections (i.e. in December 2019, rather than waiting until December 2020).

Some states made financial commitments, including Ireland and Japan, which respectively pledged 175,000 Euros and 52,000 Euros to the Trust Fund for Victims.

Unsurprisingly, the Philippines reiterated that it was withdrawing from the Rome Statute, which will take effect in March 2019. Venezuela made a negative intervention regarding the referral of the situation in that country to the ICC. Chile and Canada (as two of the referring countries) exercised their right of reply, which was followed by a defensive Venezuela, accusing Canada of human rights violations.

Bill Pace, long-time Convenor of the Coalition for an ICC, announced that he would be stepping down after 24 years. The room erupted into sustained and heartfelt applause to thank him for his tireless dedication to the cause of international criminal justice. [photo credit: CICC]Bill Pace

The day finished before all of the NGO speakers on the list could make their interventions. The General Debate will hopefully continue at a later date during the Assembly.

Today, IntLawGrrl Ariel Wheway blogged about the ICC’s jurisdiction over the crime of aggression and a side-event organized by Liechtenstein. Canada, the Netherlands and Justice Rapid Response also held a side-event, this one titled “Investigating International Crimes at the National Level: Realizing the Promise of Complementarity in the Gambia and the Case for Specialized Expertise”. Other side events were hosted by Ireland, Uganda and the ICC Trust Fund for Victims on reparative justice for victims in the Rome Statute system; Netherlands, South Korea and Parliamentarians for Global Action on the Rome Statute system in the Asia-Pacific region; Chile, FIDH and others on the role of counsel in victim participation; and FIDH on the Central African Republic. Former US Ambassador-at-Large on War Crimes Issues, Stephen Rapp, spoke at a side-event focused on Myanmar and Afghanistan.

Stay tuned for more IntLawGrrls coverage of the 2018 ICC Assembly of States Parties!

ICC Assembly of States Parties Symposium 2018: Day One

I am pleased to introduce this year’s IntLawGrrls symposium on the International Criminal Court (ICC) Assembly of States Parties (ASP). The 17th session of the Assembly runs from December 5-12 in The Hague, Netherlands. [credit: Marie-Laure Tapp, CPIJ] ICC ASP by Marie-Laure Tapp

The Assembly will discuss and adopt resolutions on a number of issues considered annually, such as the ICC’s budget. It will hold a plenary discussion on cooperation – as one of the key challenges facing the Court – on Friday, December 7. Additionally, this year marks the 20th anniversary of the Rome Statute of the ICC. The Assembly will hold a plenary session on Friday, December 7, to celebrate and assess this anniversary. It will also hold a plenary discussion on the topic of “achievements and challenges regarding victims’ participation and legal representation after 20 years of the adoption of the Rome Statute” on Tuesday, December 11. Additionally, there are numerous side events considering the 20th anniversary. This IntLawGrrls symposium will cover all of these topics – and more!

Today, at the opening of the Assembly, states began with a moment of silence in honour of former UN Secretary-General Kofi Annan, and to remember victims of mass atrocities. Assembly President O-Gon Kwon of South Korea spoke, urging states in arrears to pay their outstanding contributions. The Prosecutor of the ICC indicated that she will launch her office’s report on preliminary examinations during a side-event on Monday, December 10. She also urged states to execute the ICC’s arrest warrants, and pressed states to provide the ICC with the financial resources it needs. The Netherlands, as host state, announced that it would make a voluntary contribution of one million Euros to the ICC’s Trust Fund for Victims, earmarked for victims and affected communities in the Democratic Republic of the Congo and the Central African Republic. A number of states also made pledges during the General Debate to contribute to the Trust Fund for Victims (Germany, the Czech Republic, and Slovakia), or to conclude a cooperation agreement with the ICC (Costa Rica).

The first two posts in this symposium are by Ariel Wheway, on the crime of aggression; and Marilynn Rubayika, on the Bemba case. Both are attending the Assembly as members of the Canadian Partnership for International Justice.

Ariel is an IntLawGrrls contributor based in Ottawa. Welcome back to the IntLawGrrls, Ariel!

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Ariel Wheway

Marilynn Rubayika earned a Juris Doctor and a Licence in Civil Law from the University of Ottawa in 2017. She is the 2018-2019 Public Interest Articling Fellow at the Canadian Centre for International Justice. Her main interests are the victims’ participation regime at the International Criminal Court and questions related to sexual and gender-based violence. She has recently worked directly with victims ofinternational crimes. Previously, Marilynn completed legal internships at the International Humanitarian Law department of the Canadian Red Cross and at the Crimes Against Humanity and War Crimes Section of the Canadian Department of Justice. She also volunteered for the Philippe Kirsch Institute and completed a volunteer legal advisor mandate with Lawyers Without Borders Canada in Ivory Coast. A heartfelt welcome to Marilynn to this IntLawGrrls symposium!

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Marilynn Rubayika