|Then-ICC Deputy Prosecutor Fatou Bensouda at a news conference in Guinea in 2010. Photo by Joe Penney.|
By Audrey Kim
This summer was full of milestones for the ICC: Prosecutor Fatou Bensouda was sworn in as the ICC’s new prosecutor, the ICC handed down its first sentence and decision on reparations in its case against Thomas Lubanga Dyilo of the DRC, and Mali referred the situation in its territory to the OTP for a potential investigation. This fall, the ICC will continue to make progress in its cases and in its role in the enforcement of global justice and the deterrence of atrocities.
Progress in Cases before the ICC
Since the entry into force of the Rome Statute on July 1, 2002, 16 cases in seven situations have been brought before the ICC. Earlier this year, the Court handed down its first verdict, sentencing order and decision in the case against Thomas Lubanga of the DRC. Other cases before the Court continue to progress at the ICC.
In the case against Lubanga, the Court will implement and enforce the reparations for victims. As this is the first time the ICC has issued a reparations decision, its execution will have significant implications for its relationship with victims and future reparations. The prosecution and defense will also have the opportunity to appeal the verdict against Lubanga as well as the 14-year sentence. The deadline for appealing the verdict is 30 days from August 31, the date that the official French transition was made available to the parties.
Also part of the situation in the DRC, the trial of Germain Katanga and Mathieu Ngudjolo Chui was concluded on May 23, 2012 when the defense concluded the presentation of its case. The judges have begun deliberations after 240 hearings and will issue a verdict in the near future.
On September 3, 2012 the trial of Jean-Pierre Bemba Gombo of the Central Republic of Africa resumed in Trial Chamber III. This is the ICC’s third trial, and it started in November 2010. The defense case started in August of this year. As the alleged President and Commander-in-Chief of the Mouvement de Libération du Congo, Bemba is allegedly criminally responsible for two counts of crimes against humanity of murder and three counts of war crimes of murder, rape and pillaging.
Although unconfirmed, this fall the ICC will also likely hold the confirmation of charges hearing in the case of Laurent Gbagbo, the former President of Côte d'Ivoire. He is charged with alleged co-perpetration of crimes against humanity of murder, rape and other sexual violence, prosecution, and other inhuman acts. The date of his confirmation of charges hearing was postponed from August 13, 2012 to an undetermined date to allow the state of his health to be assessed.
The situation in Kenya, which consists of two cases, has been the subject of much international attention. Opening of trials for the case of William Samoei Ruto and Joshua Arap Sang is scheduled for April 10, 2013 and on April 11, 2013 for the case of Francis Kirimi Muthaura and Uhuru Muigai Kenyatta.
In the case against Banda and Jerbo in the Darfur situation, Pre-Trial Chamber I confirmed the charges of war crimes and assigned the case to Trial Chamber IV. The date of the trial remains unconfirmed.
In the Libya situation, Libyan prosecutors have claimed that they will try Saif Al-Islam Gaddafi in national courts in the town of Zintan. Recent report indicate that Abdullah Al-Senussi, the former Libyan military intelligence chief, has been transferred from Mauritania to Libya. Both are wanted by the ICC for crimes against humanity of murder and persecution. There is concern over whether Libyan courts will conduct a fair trial. As this situation has been referred to the ICC by the UN Security Council, the UN will be closely following the situation and hopefully will ensure that the suspects are brought before the ICC. Yesterday, the US encouraged "the Government of Libya to maintain its cooperation with the International Criminal Court in accordance with Security Council Resolution 1970" and called on Libya, if it decides to conduct domestic trials, to "try [ICC suspect Abdullah Al-Senussi] fairly in full compliance with their international obligations."
The OTP will also make progress in its preliminary investigations and other potential cases that have been brought to its attention. Particularly regarding alleged crimes in Mali that were referred to the ICC on July 18, the OTP will likely announce whether it will open a formal investigation. A referral does not require the OTP to take the case, and the OTP will soon determine whether the situation is under the ICC’s jurisdiction and if it will act.
The ICC in International Politics
The ICC continues to establish itself as an international organization and to build political support for cooperation and arrests. The Court also enjoys a close relationship with the United Nations. Recently, however, the Court has been facing serious budget constraints imposed by its members. This situation is very grave because it reduces the Court’s resources just as its natural growth is speeding up. This will limit the functionality and effectiveness of trials, proceedings, and investigations at the ICC.
ICC President Song will report to the UN General Assembly at the UN Headquarters in New York in late October. Since 2005, the President of the Court has reported annually to the UN on ICC’s activities and progress in its cases, pursuant to the Negotiated Relationship Agreement between the ICC and the UN concluded on October 4, 2004. This is the formal basis of the mutual beneficial cooperation between the ICC and the UN. The President will likely address the progress of judicial proceedings and investigations and discuss further international cooperation with the UN and ICC States Parties.
In November and December, Prosecutor Bensouda will present biannual reports on the situations in Darfur and Libya to the UN Security Council at the UN Headquarters, New York. The situations in Darfur and Libya were referred to the ICC by the UN Security Council on March 31, 2005 and February 26, 2011, respectively. This is the first time that Mrs. Bensouda will address the UN Security Council as the new prosecutor. She will likely focus on the enforcement of ICC warrants and potential actions the UN Security Council could take to support the Court.
From November 14-22, the Assembly of States Parties (ASP) will hold its eleventh session in The Hague. This follows the 19th Session of the Committee on Budget and Finance on September-October 2012, which will address budget reductions. At the 10th ASP session last year, State Parties were primarily focused on budget issues and could not address other matters fully. Thus, much of the budget discussions will likely take place in the Committee on Budget and Finance and the subsequent Hague Working Group this year so the ASP will have more time and flexibility to discuss other issues important to the Court. AMICC is closely following the budget constraints at the ICC because this affects the ICC’s ability to be an effective, fully functioning court and this provides material for ICC critics in the US.
Also, it is expected that a Deputy Prosecutor for the ICC will be elected in November. The Prosecutor nominates three candidates for the position, and the Deputy Prosecutor is elected by a secret ballot by members of the ASP.
The ICC in the US
The ICC continues to be in focus in the US, particularly through the activities of civil society. Upcoming events demonstrate support for the ICC and commemorate its 10th anniversary:
On September 10, the Philadelphia Global Initiative will hold a conference on The Rule of Law: Celebrate-Reflect-Promote in Philadelphia. This conference is a response to the ABA’s call for education about the ICC. This conference will celebrate the 10th anniversary of the ICC in conjunction with the 225th anniversary of the signing of the US Constitution in Philadelphia. Speakers include US Ambassador for Global Criminal Justice Stephen J. Rapp and AMICC Convener John Washburn.
AMICC Convener John Washburn will speak at Through the lens of Nuremburg: The International Criminal Court at its tenth anniversary on October 4-5 in Nuremburg, Germany. This conference will mark the 10th anniversary of the entry into force of the Rome Statute and focus on the role of Nuremburg principles in the development of international criminal law and the ICC.
The Whitney R. Harris World Law Institute will host an international conference in St. Louis, Missouri on November 11-12, the International Criminal Court at 10. This conference will commemorate the ICC’s tenth anniversary and will focus on the Court’s progress, future, and US relationship with the Court. This event will take place right after the elections, which AMICC is closely following because of its implications on future US-ICC relations. Speakers will include ICC Judge Hans-Peter Kaul, ICC Judge Joyce Aluoch, US Ambassador for Global Criminal Justice Stephen J. Rapp, and AMICC Convener John Washburn.
On December 7, the Program on Human Rights’ Sanela Diana Jenkins International Human Rights Series will present One Decade of the International Criminal Court: Challenges and Possibilities in Stanford, California. This event will address current challenges and possibilities for the ICC, such as reparation, US-ICC Relations, and the crime of aggression.
Find more information on AMICC's Event Calendar.
Our thanks to Audrey Kim for researching and drafting this message.