US Rep. Royce (R-Calif.) Introduces Legislation in Congress to Reward Capture of ICC Suspect Kony

A newly proposed "Department of State Rewards Program Update and Technical Corrections Act of 2012," could, if passed, reward actionable intelligence that leads to the arrest of Joseph Kony, alleged Commander-in-Chief of the Lord's Resistance Army (LRA) in Uganda. He is wanted by the International Criminal Court for war crimes and crimes against humanity.

The legislation, introduced on 17 February 2012 by Rep. Edward Royce (R-Calif. 40th District) updates the US State Department's Rewards Program to include transnational organized crime. The 1984 Program currently only rewards information regarding terrorists, narcotics traffickers and specific international war criminals. Under the updated legislation, the Program could target those indicted by international, hybrid, or mixed tribunals for genocide, war crimes, or crimes against humanity.

Rep. Royce, who chairs the Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade, was one of the original sponsors of the 2010 Lord's Resistance Army Disarmament and Northern Uganda Recovery Act. The law sought to "bring an end to the brutality and destruction that have been a hallmark of the LRA across several countries for two decades." In October 2011, President Obama deployed US troops to Uganda, South Sudan, Central African Republic, and the Democratic Republic of the Congo aid regional forces in combating the LRA.

The ICC issued a warrant of arrest under seal for Joseph Kony on 8 July 2005. Kony is charged with war crimes and crimes against humanity including rape, sexual enslavement, and forced conscription of children. Rep. Royce said that the legislation would be another tool to target the world's worst.

Full text to the legislation will be posted when it becomes available.

ICC in the Media, Update #60

This week the media has once again covered a large range of ICC activities. An issue of particular focus has been the question of whether the situation in Syria should and will be referred to the ICC. As depicted below, a UN Human Rights Office official made a statement on Friday in support of a referral amidst reports of increasing violence in the region.

This position supporting the Court follows the conclusion of several UN Reports finding that crimes against humanity were likely being carried out in Syria. Yesterday the UN General Assembly passed a resolution condemning the violence in Syria, but this does not affect an ICC referral because it must come from the Security Council. In other news, the prosecution's case in the Jean-Pierre Bemba trial is nearing its finish, with the Office of the Prosecutor completing the testimony of it's second to last witness (out of an initial forty) earlier this week. President of the ICC, Judge Sang-Hyun Song reportedly encouraged Australia at a speech in the country on Wednesday to encourage its Asian-Pacific neighbors to become member-states of the Court. Currently Asia is one of the least represented areas of the world within the State Parties of the ICC. Photo credit: AFP.

Video: Two Presidents of ICC's Assembly of States Parties, in Forum at Columbia University, Discuss Court's First 10 Years

As part of its annual Ambassador series, the Arnold A. Saltzman Institute of War and Peace Studies presents Ambassador Christian Wenaweser, the Permanent Representative of Liechtenstein to the United Nations, and Ambassador Bruno Stagno Ugarte of Costa Rica, Director of the Security Council Report to discuss "The Impact of the International Criminal Court on International Security." Each has served a three-year term as President of the ICC's governing body, the Assembly of States Parties.

Moderated by Jean Marie Guéhenno, the Arnold A. Saltzman Professor of Professional Practice in International and Public Affairs and Director of SIPA's Center for International Conflict Resolution.

ICC in the Media, Update #59

During the past week the media focused on a range of ICC activities. Last week Aisha Gaddafi, Muammar Gaddafi's daughter and Seif al-Islam's sister, delivered a request to the ICC offering to provide information to the Pre-Trial Chamber to assist in their determining an appropriate course of action. She cited her reason for offering the information as a desire to protect the interests of her brother. On Thursday the ICC judges rejected Aisha's request, saying that allowing it would be contrary to court procedure. Reportedly, the request was more aimed toward gaining permission to contact her brother than providing information, as the request initially indicated. Last week the African Union met in Dar es Salaam, and reportedly the heads of state discussed whether the ICC unfairly targets Africans. Reportedly the meeting resulted in a pledge for governments to review the role and functions of the ICC. The United Nations Secretary-General reportedly said that African criticism over the ICC is unfounded, pointing to the fact that most African governments have supported the ICC and its activities. Furthermore, Ban Ki-Moon reportedly pointed out that most of the Court's cases have not been initiated by the ICC itself. Meanwhile in the Kenya case, the announcement of the confirmation of charges against four of the suspects has reportedly created domestic controversies. The confirmation has sparked debate over whether the charged should be forced to resign from their government posts and, more importantly, whether 2012 presidential hopefuls Ruto and Kenyatta should be permitted to run. Justice Minister Kilonzo, shown in the video below, believes that allowing the suspects to continue would run contrary to Kenyan law.

He also spoke to Kenya's plan to create a domestic wing through which the non-ICC post-election violence crimes might be tried. This need for action domestically to bring the remaining perpetrators to justice has been echoed in the media by other members of the international community in the wake of the confirmations. Photo credits: AFP, Voice of America, Aljazeera.

American Bar Association Center for Human Rights Announces Development of ICC Project

The American Bar Association, whose Section of International Law is an AMICC member, announced its intention to launch a project on the International Criminal Court which it is developing through its Center for Human Rights in close coordination and cooperation with AMICC:

CHR to Launch ICC Project

The American Bar Association has long supported the International Criminal Court (ICC) and its mission of ending impunity for the world’s worst crimes. ABA policy calls for U.S. accession to the Rome Statute, which established the Court; until then, the ABA has urged cooperative U.S. engagement with the Court.

To these ends, the Center for Human Rights has established a new ICC Project to enhance understanding and acceptance of the ICC’s vital role in securing a just rule of law for all people. At full strength, the project will:

Provide Practitioner Training by convening conferences and workshops for American and international criminal practitioners. The project also will train ICC staff and sponsor educational visits by federal, state, and local criminal litigators, investigators and administrators to the ICC to “shadow” their ICC counterparts and learn about ICC practices and procedures.

Foster Engagement among American and ICC officials by establishing venues for ongoing dialogue among ICC officials, policymakers, and stakeholders. One such forum, for example, will convene American proponents and opponents of the ICC to discuss U.S. policy toward the Court and ICC-related “current events”; another will compare and contrast features of American and international criminal prosecutions, such as pre-trial detention, examination of witnesses, and appellate procedures. The project also will facilitate meetings between ICC and U.S. officials on a regular basis, fostering high-level relationships and building of trust.

Advocate before the U.S. Legislative and Executive Branches by developing and implementing (with the ABA Governmental Affairs Office) advocacy strategies and opportunities, including an “ICC Lobby Day” and perhaps an “ICC Caucus” within Congress, and deploying ABA members and other elements of the legal profession to leverage their influence in the ICC’s behalf toward greater U.S. engagement with the Court.

The ICC Project will be guided by an advisory committee comprised of top-level ABA leaders and pre-eminent figures in international law and advocacy.

The project will be launched formally at an event in spring or summer 2012 that will convene major stakeholders in the U.S.-ICC relationship, including ICC officials, U.S. governmental leaders, foreign dignitaries, and representatives from relevant think tanks, academia and NGOs.

ICC in the Media, Update #58

This week the media once again focused on the ICC's activities in Kenya. As we reported yesterday, the ICC judges have confirmed charges against four of the "Kenya six." The four include Uhuru Kenyatta, William Ruto (both 2012 presidential hopefuls), Francis Mathaura and radio-presenter Joshua Sang. Several of those against whom charges have been confirmed have made statements maintaining their innocence and have expressed their intention to appeal the decision.

Charges have been dropped against Henry Kosgey and Hussein Ali. Ahead of the announcement many (including ICC judges) were fearful the decision would prompt violence within Kenya, but those fears appear not to have materialized. The ICC prosecutor issued a statement congratulating Kenya on remaining calm in the wake of the announcement. Ocompo also stated that he will not be appealing the decision dismissing the charges against Kosgey and Ali, although the Office of the Prosecutor will continue investigating their role in the violence. Kosgey has reportedly also commented on the decision, and expressed his happiness that he has been exonerated.

In light of the ICC ruling there has been some pressure from human rights organizations for the future defendants to resign from their government posts. The Attorney General reportedly has clarified that Kenyatta and Mathaura will not be forced to quit until the results from their appeal of the ICC judges' confirmation are received. The Kenyan government will also be monitoring the proceedings and will assemble a group of experts to advise them in the process as a state party to the Rome Statute.

Also in the Kenya case, newly confirmed defendant William Ruto has reportedly reassured the public that he still intends to run for President of Kenya in the upcoming election. The Commission for the Implementation of the Constitution has come forward saying that it does not believe the new constitution would compel Kenyatta or Ruto to step down from the race. Whether the two suspects will ultimately be able to run for President remains unclear. Reportedly victims of the 2007/2008 post-election violence are pleased with the confirmation of charges, but remain unsatisfied that the lower-level perpetrators of the crimes continue to walk free. Perhaps to rectify this, the Attorney General has reportedly stated that a new division of the Supreme Court may be created to deal domestically with cases related to the election violence. In other news, there have been conflicting reports about the status of whether Saif al-Islam, Gaddafi's son, will be tried in Libya. Reportedly Libya's justice minister has confirmed that he will be tried domestically in Libya. In response, a spokesperson for the ICC has said that the ICC has not yet made a decision on the matter. Photo credit: Voice of America.

ICC Judges Confirm Charges Against Four, and Send to Trial, for Responsibility in Post-Election Violence in Kenya

Today Pre-Trial judges at the International Criminal Court confirmed charges against four suspects who will now face trial for alleged crimes in connection with post-election violence in Kenya in 2007-2008. William Samoei Ruto and Joshua Arap Sang (Case 1) and Francis Kirimi Muthaura and Uhuru Muigai Kenyatta (Case 2) are charged with crimes against humanity, including murder, deportation or forcible transfer, persecution and rape. Henry Kiprono Kosgey (Case 1) and Mohammed Hussein Ali (Case 2) will not face such charges at this time.

The US State Department made a statement on the Kenya decisions urging "the Kenyan government, the people of Kenya, and the individuals involved to continue to cooperate fully with the ICC proceedings."

The decisions are available on the Court's website:

Confirmation of Charges Decision: The Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang

Confirmation of Charges Decision: The Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali

The parties may appeal these decision. In addition, the Prosecutor may submit addition evidence in the future to support charges against Henry Kiprono Kosgey or Mohammed Hussein Ali.

Background information about the Kenya investigation is available in an AMICC factsheet.