The American Non-Governmental Organizations Coalition for the International Criminal Court

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

2012-01-26T11:38:00.004-05:00

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

2012-01-24T12:46:00.003-05:00

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

2012-01-23T11:03:00.008-05:00

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.

AMICC Issues its Report on the Tenth Session of the ICC Assembly of States Parties

2012-01-20T14:57:00.004-05:00

ASP President Tiina Intelmann of Estonia presiding over the Assembly's tenth session. UN Photo.

AMICC's report on the tenth session of the Assembly of States Parties to the Rome Statute of the ICC, in which AMICC participated in all aspects, is now available on our website. It includes information and analysis on the following topics:

- Participation of the United States
- Election of New ASP Leadership
- Statements by UN and Court Officials
- Election of the Prosecutor
- Election of Six New Judges
- Establishment of an Advisory Committee on Nominations
- Independent Oversight Mechanism for the ICC
- Amendments to the Rules of Procedure and Evidence
- Approval of the ICC’s Annual Budget
- Report of the ICC Prosecutor to the UN Security Council on the Darfur Investigation
- Eleventh Session of the ASP

US Ambassador, in UN Security Council, Highlights Important Role of ICC in Ending Impuntiy

2012-01-19T15:46:00.003-05:00

Today in the United Nations Security Council, Ambassador Rosemary DiCarlo, United States Deputy Permanent Representative to the UN, made a statement on behalf of the US at a debate on International Criminal Justice and Rule of Law. In it, she highlighted the important role of the International Criminal Court in promoting the rule of law:

One key way in which the international community has signaled that impunity for the most serious crimes will not be tolerated is the creation of international and mixed tribunals, as well as commissions of inquiry and fact-finding mechanisms. Active support by all states for international and mixed tribunals is crucial. We have supported these international accountability mechanisms across the globe, from the Extraordinary Chambers in the Courts of Cambodia to commissions of inquiry in places like Kyrgyzstan, Cote d'Ivoire, and Libya. In this regard, the International Criminal Court can play an important role in contributing to the fight against impunity.

The United States supported the UN Security Council's ICC referral regarding Libya, and we are helping to ensure that those charged by the Court there face justice consistent with international standards. Although the United States is not a party to the Rome Statute, over the past several years we have sent observer delegations to the Assembly of States Parties (ASP) sessions and the Review Conference in Kampala. In December, we cosponsored a high-level panel at the ASP to highlight the importance of ensuring protection for witnesses and judicial officers. We have engaged with the Office of the Prosecutor and the Registrar to consider ways to support specific prosecutions already underway, and we have responded positively to a number of informal requests for assistance.

ICC in the Media, Update #57

2012-01-18T23:49:00.004-05:00

This week all eyes have been on Kenya. Reportedly judges at the ICC will announce whether they have decided to pursue charges against the individuals known as the "Kenya Six" for crimes against humanity on January 23, 2012. The Pre-Trial Chamber may choose to confirm (or refuse to confirm) any or all of the charges against the suspects, or may request that the prosecutor provide more evidence.

An ICC spokesperson has conveyed a message from the judges for Kenyans to remain calm in the wake of the decision's announcement. Fortunately a recent report by the African Union indicates that 59% of Kenyans believe that a confirmation of ICC charges against the suspects will not result in violence. As a preventative measure the National Commission and Integrating Commission has recommended that the government set up peace initiatives to handle any violence. Kenyan human rights advocates, including former Kenyan National Commission on Human Rights Chairperson Florence Jaoko, have spoken out in advance of the decision, emphasizing its importance to victims of the 2008 post-election violence. As we have mentioned in previous media updates, suspects Uhuru and Ruto plan on running in the 2012 Presidential campaign in Kenya. In the lead-up to the ICC announcement they have reportedly vowed to continue to run, regardless of the Court's determination. In contrast, Kenya's justice minister Mutula Kilonzo has stated that if the charges are confirmed the suspects must resign from public office and will not be allowed to run in the election. The Kenyan government has not yet confirmed this stance. Photo credit: Capital FM, Voice of America News.

ICC in the Media, Update #56

2012-01-09T13:46:00.003-05:00

Since the close of 2011 several media outlets have reflected back on the activities of the International Criminal Court over the year. Some have considered it a "banner year" for the Court. It included many important events including the Security Council referral for the situation in Libya, the confirmation hearings for the "Ocampo six", the transfer of the first former head of state to the Court, the close of the ICC's first trial, the election of a new prosecutor, and much more. There is no doubt 2011 was a year of great growth and change for the ICC.

The first week in 2012 has been filled with International Criminal Court news. Following up on our last update, the Netherlands has now released former ICC indictee Callixte Mbarushimana from custody, despite the prosecution's efforts to prevent it. Sources report that he has returned to his home in Paris. Mr. Mbarushimana is the first arrestee to be released from charges at the Court. In the Kenya case, the judges are currently in the process of scheduling the release of their decision on whether to confirm the Kenya suspects' charges. The deadline for its release as set out by the schedule in the Rome Statute is January 20, 2012. Some media sources reportedly have learned that the decision will be released on January 16, but this has not been confirmed. The looming release has sparked discussions on whether, if the charges are confirmed, William Ruto and Uhuru Kenyatta will be able or should be able to run for President of Kenya in 2012. In the new Ivory Coast case, former President Gbagbo has requested legal aid to pay for his defense. Reportedly on the Saturday the ICC said that Gbagbo will receive interim legal aid while his financial situation is being assessed. In the situation in Sudan, two Darfur rebels have asked for the ICC to halt their cases because they are unable to visit Sudan to interview witnesses, which they view as essential for mounting their defense. The ICC has not yet responded to this request. This week President Bashir, wanted by the ICC for crimes against humanity, genocide and war crimes, visited Libya. The visit angered numerous human rights groups, who said the visit brought into question the new Libya regime's commitment to human rights and justice. While there reportedly Bashir offered his assistance in disbanding the persisting militia groups across Libya.

Also in the Sudan case, Sudan's Defense Minister Abdul Rahim Mohammed Hussein has reportedly shrugged off the possibility that he will be charged with crimes at the ICC. The Prosecutor applied for his arrest to the Court's judges earlier in December on charges of war crimes and crimes against humanity. In the Democratic Republic of the Congo case, an Amsterdam court recently ruled that two Congolese ICC witnesses are permitted to apply for asylum in the Netherlands. The two had previously expressed fear for their safety if returned to the DRC. The closing arguments in DRC cases against Katanga and Chui have been scheduled for May 15 of this year. The Jean-Pierre Bemba case is set to resume from winter recess on January 16, and the prosecution is expected to finish presentation of its case in February. Photo credits: Voice of America and BBC News.

ICC in the Media, Update #55

2011-12-24T08:17:00.003-05:00

This week the ICC dismissed its first suspect from charges of war crimes and crimes against humanity. The Pre-Trial judges found the prosecution had provided insignificant evidence to warrant a trial and ordered former Rwandan rebel leader Callixte Mbarushimana's release. Mbarushimana was arrested in France and extradited to the Court this past January. The Prosecutor appealed the decision, which was rejected earlier this week. Mbarushimana's release is currently being delayed due to a U.N. Travel Ban against him. Earlier this week the Office of the Prosecutor said it will review Libyan authorities' investigation of the death of Gaddafi to ensure that a genuine and effective investigation meeting international standards is taking place. The Prosecutor has decided to postpone a decision regarding launching its own investigation into the matter until next year. In other news, last week the ICC referred Kenya, Chad, Malawi and Djibouti to the UN Security Council for failing to arrest President Bashir of Sudan while visiting the states' territories.

Also in the Kenya case, the Secretary-General confirmed earlier this week that the Kenyan government will be facilitating the defenses of the Kenya suspects if their cases proceed to trial at the ICC. Last week we reported that a Kenya high court decision holding that Kenya has a duty to arrest President Bashir while on Kenyan territory was causing significant tension between the Kenyan government and the Sudanese president. The Kenyan government has filed an appeal to overturn the decision and applied for a stay of the decision pending its appeal. This request has been refused, so the duty to arrest Bashir will stand until decided by the appeals court. Photo credit: BBC News.

Tenth Session of ICC Assembly of States Parties Meeting in New York Concludes

2011-12-22T07:29:00.001-05:00

The tenth session of the ICC's governing body, the Assembly of States Parties (ASP), concluded yesterday with the adoption of the Court's budget for 2012 as well as the adoption of a major resolution dealing with the Court's work. This meeting, held at UN Headquarters in New York, was largely defined by changes in the leadership of the ASP as well as Court officials. The United States participated extensively in almost all of the formal sessions and side events, including co-sponsoring a side event on the protection of witnesses and making a very positive statement in the General Debate.

The AMICC delegation, as part of the broad representation and participation of NGOs at the ASP, attended all of the sessions and side events, including on such issues as complementarity, gender justice, cooperation and universality. Using our social media outlets, we provided extensive live-updates to our constituents on important developments. These included:

- The election of six judges who will take office in March 2012;

- The election of a new Chief Prosecutor who will take office in June 2012;

- The adoption of a program budget for the Court for 2012;

- The adoption of an omnibus resolution and other resolutions relevant to the work of the Court;

- The establishment of an Advisory Committee on nominations to assess future judicial candidates;

This annual session came at a critical time for the development of the Court. It dealt with many issues which will shape the future course of the ICC. It also put on display many of the challenges the Court faces as it moves toward its tenth anniversary and the completion of its first trials. The session provided the first opportunity for the ICC community to observe the ASP's new president, Ambassador Tiina Intelmann of Estonia in action as she presided over the meetings. She will be the first ASP President to serve the position full-time since her government has decided to support her to do that without any other responsibilities.

The session succeeded in agreeing by consensus on both an omnibus resolution on strengthening the Court, and the program budget for 2012 through prolonged, contentious and painful negotiations. The most important part of the omnibus resolution for our advocacy had to do with the independent oversight mechanism (IOM). The final section on this urged the bureau and the Court and a working group to speed up their work on the IOM so as to get a final decision at the 11th Assembly of States Parties and bring the IOM into operation as soon as possible. The question of the effect of the IOM on the independence of the prosecutor was resolved after a long wrangle only by reference to the provisions of the Rome Statute. The outcome on the budget showed that states parties at least now will not give the Court the full resources it would need to act on all the cases likely to be suitable for it. States parties, as stated by the ASP President in her closing remarks, seemed to want the Court to fill the resulting "impunity gap" by assisting countries to conduct their own trials of such cases. If this vision of the future Court is realized, the ICC will be substantially less attractive to the United States and its potential American supporters.

AMICC will issue an extensive report in January, to be published at www.amicc.org, on these and other important developments at the ASP.

Reflects from International Criminal Court Student Network (ICCSN) Delegates to ASP in New York

2011-12-21T12:06:00.000-05:00

Reposted from The Hague Justice Portal.

Erica Maylee (Junior Majoring in Political Science and International Relations)

December 12 – 21 marks the Tenth Session of the Assembly of States Parties (ASP) – the governing body of the International Criminal Court. As an American undergraduate student at Central Michigan University, and a member of the International Criminal Court Student Network (ICCSN), I attended part of the Tenth Session to continue my education on the Court, and witness first-hand another facet of the Court’s work, after several months spent blogging about the ASP on romestatute.com.

On December 12 I attended the first day of ASP activities – which are being held at the United Nations Headquarters in NYC. This first day was moving because not only was I present at the United Nations – a place I have dreamt about and admired for many years as a young adult – but also because I was in the presence of some of the world’s most creative, brilliant, and powerful individuals. Individuals attending the ASP from NGOs and countries all around the world, are the movers and shakers of our day. Most share a common vision of a better, stronger International Criminal Court that will continue to grow and evolve as 2012 marks its ten-year anniversary. As an American, a citizen of a country not party to the Rome Statute, I really made an effort to listen and take in all the remarks made by speakers from other countries that belong to the Rome Statute system. As a member of the ICCSN, I support the Court and wish the United States would ratify and implement the Rome Statute.

On day one of the Tenth Session the election of the ICC’s next chief prosecutor took place. Current chief prosecutor, Luis Moreno Ocampo, will finish his term in June of 2012, and his newly elected successor will be Fatou Bensouda of the Gambia. Her election by consensus was a beautiful moment to witness, and I was inspired by her strong presence. This election is not only an accomplishment and new chapter for the ICC, but it is also a tremendous step forward for Africa, and for women. In her acceptance speech, Ms. Bensouda mentioned starting her path to international law as an intern at a local court in Gambia. Her start was the same as almost anyone’s -- if you can dream it, you can do it.

Lastly, I feel I should elaborate on the experience of the ASP’s Tenth Session from the perspective of an American student. As I mentioned earlier, the United States is not party to the Rome Statute (for a variety of reasons, including the difficulty in ratifying the document, which requires a 2/3 vote of approval from the Senate), but it is important for the world to know that the U.S. was definitely present at the Tenth Session. A United States’ delegation was there every day I attended – December 12 – 14. The United States also hosted a side event on the ICC and victims’ protection, which was well attended. Also important to note is the fact that several Americans were present at the ASP with NGOs or as individuals. Americans from the American Coalition for the International Criminal Court (AMICC) and from IJCentral attended, as well as students from the ICCSN and American professors. It is important for people to know that even though America is not party to the Rome Statute, there are still concerned and engaged Americans with an interest in the Court and a strong desire to see the United States becoming a member.

Attending the Tenth Session of the ASP was a wonderful opportunity to witness the work of the international community of the ICC and also to network with others who support the Court. There is always substantive information that can be gathered, but for me, the most critical knowledge I received from this experience revolved around the people. It is my belief that through many people’s dreams, hard work, and revolutionary ideas, the ICC will continue to evolve and grow stronger after its first ten years. The Tenth Session of the ASP is just the start of a new chapter for the Court.

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Jeffrey Lambert (Senior Majoring in Philosophy and Political Science)

I am an American, undergraduate student involved in the ICCSN, and had the privilege to study and engage with the Court and the network surrounding it for the past two semesters, including a study abroad class which focused almost exclusively on the Court. While in the Netherlands, I was able to sit in on Court proceedings, get to know some people who work with the various organs of the Court, and learn a lot about where the Court is and where it needs to go.

Some of the of the more memorable moments of the 10th session of the ASP include witnessing Prosecutor-elect Fatou Bensouda, outgoing prosecutor Luis Moreno-Ocampo, and outgoing ASP President Christian Wenaweser give their historic speeches. So much has happened in the nine years since the Court became operational, and it was unforgettable to witness the “passing of the torch”. Prosecutor Moreno-Ocampo sent a message that recognised how far we need to go to establish rule of law to protect people from violation of their human rights, citing a 20th century death toll of a hundred million people. Fatou Bensouda gave an inspirational acceptance speech that, as a student, was more than educational. She said that she knew her life’s purpose was to be a champion for human rights, and that it all started when she herself was a student interning at a local court in Africa. She was embodying the values of the ICC before the ICC was an actual institution. Prosecutor Moreno-Ocampo’s story is similar – he thought that prosecuting generals in Argentina was his crowning moment and the apex of his career, yet it proved to be training for the larger role as Prosecutor of the ICC. It was almost magical to witness these human rights luminaries talk about their humble beginnings and how they had no idea that what they were doing would turn into their current roles at the ICC.

I was also struck by the way in which was the U.S. delegates interacted with the court. It became clear that although the U.S. is not a member state, it nonetheless has an active role in influencing the Court. One clear example is provided by 'side-event' entitled “Witness Protection: Lessons Learned and Ways Ahead”, which the U.S. co-sponsored with Denmark and Uganda. One of the biggest concerns the Court has right now is how to protect witnesses and victims that testify before the Court in a way that not only protects the witness and their family, but does so in a way that does not infringe upon defence rights. The United States - ably represented by U.S. Ambassador for war Crimes, Stephen Rapp - was able to draw on past experience to help the Court better protect witnesses in the future. Rapp also stressed the importance of ‘relocation agreements’, which enable both member and non-member states to assist the ICC in its protection of witnesses.

To conclude, it was reassuring to witness numerous U.S. citizens speak about how to strengthen the Court. If you are curious to learn more about how Americans feel about the ICC, I encourage you to look at the public opinion polls available on the website of the American Coalition for the International Criminal Court.

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Hope May (Professor of Philosophy at Central Michigan University/Attorney at Law, pictured below with Jeffrey Lambert)

I am attending the 10th session of the ASP as an American philosophy professor and lawyer, deeply committed to educating American undergraduates about the ICC. Because I believe there is too much written, too much said, and much to be done, I mark my participation in this historic session by quoting the eloquent words of three eminent men: Judge Sang-Hyun Song, Aristotle and W.H. Murray. While I heard Judge Song’s words first hand at an ASP side event, the remarks of Aristotle and Murray have come to me repeatedly during this session.

1) The biggest obstacle to universal ratification and implementation of the Rome Statute system is sheer lack of knowledge - specifically regarding the system of complementarity

- ICC President Judge Sang-Hyun Song at the ASP 10th session side-event "Plan of Action: Universalization and implementing legislation, developments and resources".

2) Where there are things to be done the end is not to survey and recognize the various things, but rather to do them
-Aristotle, Nicomachean Ethics

3) The moment that one definitely commits oneself, then Providence moves too
-W.H. Murray

Second Week of ICC Assembly of States Parties Opens with Negotiations on Budget for 2012 and Omnibus Resolution

2011-12-19T16:57:00.003-05:00

With the conclusion last week of high-profile elections of a new Chief Prosecutor and six new judges, the ICC Assembly of States Parties (ASP) today began its second week with the election of six new members of the ASP's Committee on Budget and Finance. Most of the rest of the day was dedicated to negotiating the so-called omnibus resolution which is the ASP's annual action on a variety of issues, and to closed-door sessions to resolve the contentious budget issue. Considerable progress was made on the budget during a session that went late into the night on Saturday; the omnibus negotiations may go late tonight.

ICC Prosecutor Reports to UN Security Council on Darfur Investigation, New Arrest Request

2011-12-19T16:18:00.001-05:00

By Lisa Vigna

On December 15, Luis Moreno-Ocampo, outgoing Chief Prosecutor for the International Criminal Court (ICC) gave his 14th Report to the UN Security Council. The crux of his address was self-evident: he said that Sudanese President al-Bashir’s “destiny” is clear: he will face justice for alleged genocide and crimes against humanity in Darfur.

Sudan’s Ambassador to the United Nations Daffa-Alla Elhag Ali Osman strongly disputed Moreno-Ocampo’s allegations of war crimes against Sudanese officials, stressing that Sudan has not ratified the Rome Statute, and thus does not recognize the ICC's jurisdiction. However, most striking to the meeting's observers was Osman's lengthy counterargument which berated the Prosecutor for categorizing Sudanese actions as genocide.

According to Moreno-Ocampo, several ambassadors stated that “Sudan should cooperate with the court because it’s not about being a member of the ICC, but about complying with Security Council resolutions.” The United States was among the governments which made statements after the session closed to NGO observers.

The Prosecutor requested the council address the refusals by Malawi and Chad, States Parties to the Rome Statute, to arrest al-Bashir during visits to their countries.

Osman said Moreno-Ocampo has ignored the Sudanese government’s efforts to promote peace in Darfur and “falsely” sought an arrest warrant for Sudan’s defense minister, Abdelrahim Mohamed Hussein, who has been strongly engaged in negotiations “to prevent the peaceful efforts of the government to establish peace and security in Sudan.”

“The execution of the arrest warrants will end crimes in Darfur,” Luis Moreno-Ocampo said to the Security Council. “The individuals sought by the court are still allegedly committing genocide and crimes against humanity in Darfur. The world knows where the fugitives are. They are in official positions, controlling the Government of the Sudan.”

A panel of judges will study evidence filed by Moreno-Ocampo before ultimately deciding whether to issue a warrant for Hussein’s arrest.

As the torch is passed to the Chief Prosecutor-elect Fatou Bensouda, a Gambian lawyer who served as Moreno-Ocampo's Deputy Prosecutor, the world will be watching in anticipation to see if Moreno-Ocampo's prophecy is fulfilled. Will al-Bashir face justice for alleged genocide and crimes against humanity?

Meanwhile, civilians in Darfur continue to be subject to the Janjaweed militiamen, “despite numerous injunctions by this Council,” said the prosecutor.

Yet Moreno-Ocampo stands firm. “The Security Council resolutions shall be implemented. Millions of civilians in Darfur shall be protected.”

His nine year term ends in June 2012 and it seems he will not go gently into retirement.

The Council referred the situation in Darfur to the ICC six years ago after a UN inquiry found serious violations of international human rights where fighting has raged since 2003.

First Week of Assembly of States Parties Concludes With the Completion of Election of Six ICC Judges

2011-12-16T17:28:00.000-05:00

ASP 10, 2011 at the UN. Photo via CICC

After a week fraught with delays, confusion and tedious rounds of balloting, on Friday evening the ASP was finally able to complete the election of six judges for the ICC:

CARMONA, Anthony Thomas Aquinas, Trinidad and Tobago
DEFENSOR-SANTIAGO, Miriam, Philippines
EBOE-OSUJI, Chile, Nigeria
FREMR, Robert Czech Republic
HERRERA CARBUCCIA, Olga Venecia Dominican Republic
MORRISON, Howard, United Kingdom

The ASP began its consideration of the omnibus resolution that will pass at the end of the session, as well as the adoption on the 2012 budget for the Court, both of which are controversial and will require considerable negotiation among states. AMICC will continues to report on these developments next Monday-Wednesday from our blog and on Twitter @USfortheICC.

Fourth Judge (Finally) Elected by ICC States Parties; Two More Vacancies to Fill

2011-12-15T20:43:00.003-05:00

After several unusual rounds of voting this afternoon, the ICC Assembly of States Parties filled the fourth of six judicial vacancies for which it is holding elections during its tenth session. Following the withdrawal of the Mexican and Costa Rican candidates after the 9th and 10th rounds, respectively, the ASP elected Ogla Herrera Carbuccia of the Dominican Republic in the 12th round of voting. She fell short by two votes in the 11th round. She joins Anthony Carmona of Trinidad and Tobago, Miriam Defensor-Santiago of the Philippines and Robert Fremr of the Czech Republic in being elected to be a judge of the ICC for a non-renewable term of five years.

There are two more judges to be elected, with four candidates remaining in the race: two Europeans and two Africans. The 13th ballot will be held tomorrow afternoon.

Unusual Episode on the Third Day of Judicial Elections at ICC Assembly of States Parties

2011-12-15T18:03:00.004-05:00

The ninth and tenth rounds of voting in the International Criminal Court judicial elections here at UN Headquarters today took an interesting turn. The ninth round was delayed because France objected to holding consultations on the omnibus resolution in the same room while the ballots were being counted between rounds. With six candidates remaining after the withdrawal of the Mexican candidate, States Parties to failed to elect any additional judges after electing three judges on Monday.

The Latin American and Caribbean Group (GRULAC), which is seeking to claim one of the three remaining seats, asked for a break in order to conduct regional consultations, presumably to designate one of the two GRULAC candidates as the favored regional candidate. There then appeared to be a miscommunication between the group and the president of the ASP chairing the meeting: a number of GRULAC delegations asked for more time to consult after the ballots had been distributed, claiming that they had made a request for more time. Under Rule 68 of the Rules of the ASP, delegations may not interrupt a vote once it has started unless there is a point of order on the conduct of the election:

Rule 68
Conduct during voting
After the President has announced the commencement of voting, no representative of a State Party may interrupt the voting, except that representatives of States Parties may interrupt on a point of order in connection with the actual conduct of the voting.

Delegations disagreed about whether the starting of the vote was "in connection with the actual conduct of the voting." There was a three minute break, which went much longer, during which the ballots remained on the desks and there was significant confusion. In the end, several delegations were very concerned about the integrity of this ballot and asked that it be canceled. The president permitted the consultations to continue, which in the end produced no withdrawals, after which a "second" tenth round of voting was held.

No candidates were elected in the tenth round.

US Ambassador Rapp Touts American Cooperation with ICC at ASP in New York

2011-12-14T15:59:00.003-05:00

At a side event at the tenth session of the ICC's governing body, US Ambaasador at Large for War Crimes Issues Stephen J. Rapp described extensive US efforts to ensure justice for victims by ensuring protection for witnesses. According to Rapp, it is not possible to achieve justice without adequate protection of individual witnesses who are willing to testify in the prosecution and defense of cases. He noted that even though the US is not a State Party to the ICC, it is looking for ways to help the Court, including with the protection and relocation of witnesses. He reported that through cooperation with Court, the US is involved in all of the situations now under investigation.

The US is expected to make a statement this afternoon during the ASP general debate, a copy of which will be on the CICC website and the ASP website:

ICC in the Media, Update #54

2011-12-13T23:16:00.005-05:00

This week there has been a great deal of ICC activity. As we reported earlier, the annual Assembly of States Parties meeting is currently ongoing in New York. At the meeting the ASP formally elected Gamibian Fatou Bensouda as the ICC's next Prosecutor. Her candidacy was widely supported, including by the African Union. On Tuesday the future Prosecutor pledged to increase efforts to enforce justice against perpetrators of sex and gender crimes. On Monday a representative for the Court said it was referring Malawi's non-compliance with the ICC to the United Nations Security Council, after the country refused to arrest President Bashir when he visited in October. What the Security Council will do about the matter remains to be seen. In the wake of the ICC's arrest of former President Gbagbo of the Ivory Coast, protestors have gathered outside the Court demanding his release. This ICC has not issued a statement on the matter. Earlier we reported that the Kenya high court issued a ruling ordering the government to arrest Bashir if he returns to Kenya. The ruling prompted an ultimatum from President Bashir, as well as criticism from Kenyan government officials. Former UN Secretary General Kofi Annan has called upon Kenya's government officials to respect the new-found independence of the judiciary and to resist urges to overturn the decision due to political pressures. In other news, last week Vanuata became the 120th state to join the Rome Statute and become state party to the International Criminal Court. The statute will enter into force for the nation on February 1, 2012. Photo Credits: BBC News and Reuters.

ICC Assembly of States Parties Elect One More Judge in Second Day of Elections

2011-12-13T18:14:00.000-05:00

After four more rounds of voting the ICC Assembly of States Parties elected only one more candidate, leaving nine candidates vying for three judicial vacancies. Robert Fremr of the Czech Republic will join Miriam Defensor-Santiago and Anthony Carmona as ICC judges in March 2012.

Voting will resume at 3pm tomorrow with the sixth round of voting.

Initial Results of Elections at Assembly of States Parties: Prosecutor and Two Judges Elected

2011-12-12T18:41:00.003-05:00

The ICC Assembly of States Parties today elected Fatou Bensouda of the Gambia to be the next Chief Prosecutor, taking office in June 2012, as well as two of the 18 judicial candidates: Meriam Defensor-Santiago of the Philippines and Anthony Carmona of Trinidad and Tobago. The judicial elections will resume tomorrow morning at 10am to fill the remaining four judicial vacancies.

Follow AMICC's coverage of the Tenth Session of the ICC Assembly of States Parties (ASP) from UN Headquarters in New York, December 12-21

2011-12-09T12:03:00.004-05:00

The AMICC Secretariat, along with representatives of several AMICC members, will be participating in the upcoming Tenth Session of the ICC's governing body, the Assembly of States Parties (ASP). The meeting will be held at UN Headquarters in New York, December 12-21.

Among the agenda items at the session will be the election of a new Chief Prosecutor, six new judges, the approval of the ICC's budget for 2012 and other issues relevant to the governance and proceedings of the ICC.

For complete reporting on all eight days of the ASP session, please follow or friend AMICC on our:

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Laurent Gbagbo Appears Before ICC Judges; Hearing to Confirm Charges Set for June 18

2011-12-05T10:18:00.008-05:00

Laurent Gbagbo, former president of Cote d'Ivoire, at his initial
appearance on December 5 at the ICC in The Hague. ICC photo.

Former Ivorian President Laurent Gbagbo appeared before ICC judges today in order to confirm his identity and to advise him of his rights. He is suspected on committing crimes against humanity in the aftermath of a disputed election last year. Gbagbo's lawyers indicated that he would content the Prosecutor's evidence. The judges scheduled a confirmation of charges hearing for June 18, 2012 to determine whether there is sufficient evidence to go to trial.

ICC in the Media, Update #53

2011-12-02T11:50:00.006-05:00

This week the ICC issued an arrest warrant for former Ivory Coast President Laurent Gbagbo for crimes against humanity committed after he lost last year's election and refused to cede power. The violence reportedly led to more than 3,000 deaths. Soon after the warrant was issued Gbagbo was transferred to the ICC, the first head of state to be taken into the Court's custody. The ICC Prosecutor made a statement saying that Gbagbo is the first to be arrested by the ICC, but that the ICC is investigating others involved and "there are more to come." Gbagbo has not yet made a pleading before the ICC, but has denied responsibility for the violence.

In other news, Ocampo has requested the issuance of an arrest warrant for Sudan's Defense Minister for genocide. The Prosecutor contends that the defense minister was responsible for orchestrating genocide in the Darfur, Sudan conflict. Reportedly George Clooney's Satellite Sentinel Project is helping collect evidence against the Defense Minister.

Last week the Kenya high court decided that Kenya, as a member state to the ICC, is under a duty to arrest President Bashir of Sudan if he ever enters Kenya again. Reportedly Bashir has given an ultimatum to Kenya, telling them to overturn the judgment within the next two weeks. Government representatives have reportedly said that this is not an option because the judiciary is independent under the Constitution. Last week the Prosecutor began a preliminary investigation into sex crimes potentially committed in Libya by Gaddafi's troops. The Prosecutor has stated there is evidence of a government "official rape policy" including the distribution of Viagra-type drugs to soldiers. Last week the Assembly of States Parties met to discuss the identity of the ICC's next Prosecutor. At the meeting it was agreed that current ICC Deputy Chief Prosecutor Fatou Bensouda of Gambia should succeed Ocampo. She is to be formally elected by the Assembly on December 12, 2011. Last week the UN High Commissioner for Human Rights emphasized the urgency for a Security Council resolution referring the situation in Syria to the ICC. The Council has passed a resolution condemning the "gross and systematic violations of human rights" in the country, but has not referred the situation to the Hague. Photo credit: Reuters & Reuters.

ICC Presents Case Against a New Darfur Suspect, Sudanese Defense Minister Abdelrahim Hussein

2011-12-02T10:10:00.004-05:00

On December 2, ICC Prosecutor Luis Moreno-Ocampo announced the opening of a new case in the Darfur situation, the Court's fourth, seeking a warrant of arrest for Abdelrahim Mohamed Hussein, the Minister of Defense for the Government of Sudan. The arrest warrant application alleges war crimes and crimes against humanity committed between August 2003 and March 2004. According to the ICC Prosecutor, “The evidence shows that this was a state policy supervised by Mr. Hussein to ensure the coordination of attacks against civilians.” Mr. Hussein served as the Minister of the Interior during the period of the alleged crimes during which he delegated authority to Ahmed Harun, one of the other suspects wanted by the ICC for some of the same atrocities.

Former President of Cote d'Ivoire Transferred to ICC Following Sealed Arrest Warrant

2011-11-30T10:08:00.003-05:00

Photo: Associated Press

On November 30, Laurent Gbagbo, the former president of Cote d'Ivoire, was transferred to the International Criminal Court in The Hague on allegations of crimes against humanity. The four charges include murder, rape and other forms of sexual violence, persecution and other inhuman acts, allegedly committed in Cote d’Ivoire between December 2010 and April 2011, in the aftermath of a disputed election.

The ICC's Pre-Trial Chamber issued a sealed arrest warrant for Gbagbo on November 23. He is the first former head of state to be arrested and transferred to the ICC. Gbagbo is charged as an "indirect perpetrator" of these crimes. He is scheduled to appear promptly before the Pre-Trial Chamber.

The ICC Prosecutor, in a statement, pledged to continue the investigation.

ICC in the Media, Update #52

2011-11-23T15:12:00.004-05:00

This week the ICC was the center of numerous international news stories. As we reported preliminarily, Gaddifi's son Saif al-Islam, wanted by the ICC, has been captured in Libya and is now in the custody of Libyan authorities. However, despite early reports, US envoy to the United Nations has said Libya's new leaders cannot confirm that ICC suspect Senussi has been arrested. Since Saif's arrest, Libyan officials have made clear that they want to conduct proceedings against Saif domestically. ICC Prosecutor Ocampo travelled to the country on Tuesday to discuss with members of the National Transitional Council the best course of action. Reportedly the Prosecutor has agreed under the principle of complementarity for Libya to handle the cases with the ICC (and its judges) playing a supporting role. The ICC has subsequently issued a statement saying the ICC judges will decide whether Libya can conduct the trial.

A domestic trial in Libya faces numerous challenges, not least of which is the current lack of a judicial system set up by the National Transitional Council. Despite this, Libyan officials have invited international organizations to monitor the trial of Saif al-Islam. Also in the Libya case, the ICC on Tuesday announced that it is officially dropping its charges against Muammar Gaddafi after receiving a copy of his death certificate. In other news, in the Kenya case the ICC's Office of the Registrar has formally requested that the Kenyan government prevent the six suspects from transferring their assets until the ICC judges reach a verdict. Suspect Uruhu Kenyatta has asked the Pre-Trial Chamber to ignore two witness statements relied on by the prosecution in his Confirmation of Charges hearing. The judges have yet to respond on this issue. Photo credit: The L.A. Times.

[Updated] Two Libya Suspects Arrested: Next to The Hague?

2011-11-21T17:44:00.004-05:00

According to media reports, both of the suspects wanted by the ICC - Seif al-Islam Gaddafi and Abdullah Senussi - have been arrested. The ICC Prosecutor is expected to travel soon to Tripoli, likely to discuss whether the two suspects will be handed over to the ICC in The Hague. The Libyan authorities have not yet stated whether they will extradite Gaddafi and Sannusi, who have been on the run for months. The other suspect, Muammar el-Gaddafi, was captured and killed last month.

Yesterday the Office of the Prosecutor released a press statement indicating that the Court may permit Libya to try the suspects in their fledgling national courts: "I will talk to the national authorities and seek information about proposed national proceedings in order to assist us in analysing the admissibility of the case against Saif Gaddafi and Abdullah Al-Senussi and to understand their plans moving ahead. Their arrest is a crucial step in bringing to justice those most responsible for crimes committed in Libya. This is not a military or political issue, it is a legal requirement. [...] The issue of where the trials will be held has to be resolved through consultations with the Court. In the end, the ICC judges will decide, there are legal standards which will have to be adhered to."

ICC in the Media, Update #51

2011-11-14T13:04:00.004-05:00

This week media coverage of that ICC has covered a wide range of the Court's activities. Last week ICC Prosecutor Ocampo stated that investigations into rebel-side activities in Libya may include an impartial and independent investigation into NATO's involvement. Reportedly this has spurred concern in the organization, who is undertaking a thorough internal investigation into the matter. NATO has maintained that its involvement in the conflict was in accordance with the U.N. Security Council resolution authorizing use of force. Also in the Libya investigation, the President of Niger confirmed on Friday that he has granted Gaddafi's son Saadi asylum in the country, but does not know where Saif, the son currently wanted by the ICC, is currently hiding. The Prosecutor is also contemplating whether to pursue charges of mass rape against Libya's former Chief of Intelligence after discovering evidence that suggests he instructed soldiers to commit rape. In the Kenya case the ICC Appeals Chamber has asked the Pre-Trial Chamber to review its judgment dismissing the Prosecutor's request that defense council Essal Faal be dropped from suspect Muthaura's legal team. Faal worked in the ICC's Office of the Prosecutor until earlier this year. Ocampo contended that his work at the ICC made him privy to confidential information. The Pre-Trial will now review this matter under the standard imposed by the Appeals Chamber.

Recently reports have surfaced in the Kenya case of witnesses' families being threatened with physical harm and their homes being raided. A lawyer for the defense has been warned for disclosing confidential information that could help identify several Prosecution witnesses. This violation has not been linked to the reports of witness intimidation. In the Democratic Republic of the Congo case, Ocampo has warned political actors that violence in the upcoming elections "cannot be tolerated" and is monitoring the situation closely. In the case against President Bashir of Sudan, Malawi complied with the November 11 deadline and submitted to the ICC a justification for its failure to arrest Bashir during his visit last month. It said that its failure was based on compliance with an African Union resolution forbidding arrest of heads of state from non-member states. In other news, Human Rights Watch released a report on Friday concluding that Syrian government forces have carried out crimes against humanity against opposers to President Assad in the province of Homs. In the ongoing Bemba trial, a shortage of interpreters temporarily stalled the hearing of witness testimony last week. The trial is scheduled to begin again today. Photo credits: Capital FM and Reuters UK.

ICC in the Media, Update #50

2011-11-04T10:02:00.011-04:00

This week the International Criminal Court has remained in the media spotlight with respect to the situation in Libya. As we reported last week, both Gaddafi's son and chief of intelligence remain at large. The Office of the Prosecutor is reportedly working to secure the surrender of both parties to the Court, and is investigating whether Abdullah al-Senussi may have been responsible for ordering mass rapes. Prosecutor Ocampo has also stated that his office is in indirect talks with Saif al-Islam regarding possibly turning himself in, but that Saif maintains his innocence. Reportedly all communications have been performed via intermediaries. The Prosecutor has said that Siaf's whereabouts remains unknown, but they have received reports of offers from a mercenary group to take Saif to Zimbabwe.

Earlier this week in a statement to the United Nations Security Council the ICC Prosecutor said that his office has launched a probe into alleged crimes committed by Libya's National Transitional Council as part of an attempt to investigate both sides of the dispute. The investigation may also include actions taken by NATO after reports of mistreatment of African mercenaries and workers by NTC and NATO forces. In the Kenya cases, an ICC spokesperson said the final submissions for the second set of suspects is due on November 21, 2012, after which the judges will have 60 days to debate whether the cases will proceed. This timeline suggests that the judges will announce their decision around the third week in January. Earlier this week Kenya and Somalia's Prime Ministers announced that they will work together to seek an ICC probe into potential crimes against humanity perpetrated by the Al Shabaab militia as soon as possible. The ICC has not yet commented on this possibility. As we discussed several weeks ago, the ICC requested that Malawi submit a report to the ICC regarding its hosting of President Bashir in violation of its obligations under the Rome Statute. Reportedly Malawi has drafted a response explaining its failure to arrest President Bashir in time for the November 11 deadline, despite its initial apparent unwillingness to explain its actions. In other news, witness testimony in the Jean-Pierre Bemba trial continues. This week a witness was unable to continue his testimony resulting in trial adjournment, and another witness conceded to inconsistencies in his testimony during cross-examination, but stood by his initial statements to prosecutors in 2008. The prosecution has eight more witnesses scheduled to to testify in the trial. Photo credit: The Telegraph.

ICC in the Media, Update #49

2011-10-28T09:39:00.003-04:00

As we preliminarily reported in our last update, Gaddafi, former President of Libya wanted by the ICC, was killed last week by provisional government forces. Reportedly the ICC has now turned its focus to the remaining two indictees, the former Chief of Police Abdullah al-Senussi and Gaddafi's son Saif al-Islam. Is is reported that Abdullah fled through Niger and is now hiding in the Malian desert. A senior official in Libya's transitional government has stated that both suspects are currently in talks with the ICC about potentially handing themselves over to the Court. The Prosecutor has confirmed that the ICC is in indirect talks with Gaddafi's son over surrendering himself. In other ICC news, on Tuesday the short list of candidates for the next ICC Prosecutor was released. The list is comprised of four individuals including Fatou Bensouda, current ICC Deputy Prosecutor hailing from Gambia, as well as candidates from Canada, Tanzania and Britain. In the Kenya case, the ICC judges have decided to take a concurrent decision of whether to pursue trials against the six post-election violence suspects out of concern for the protection of victims and witnesses. The judges did not specify the date they will release their decision. Reportedly a number of US Senators are putting pressure on the US government to secure a UN Security Council referral to the ICC for potential crimes against humanity perpetrated by Syria's President Assad. In other news, Zimbabwe's Minister of Justice and Legal Affairs has said the nation has rejected ratification of the Rome Statute. Reportedly the reason cited for this rejection was the belief that the Court is a tool wielded by western powers against dictators. Finally, earlier this week Italian jurist and architect of the modern international criminal justice framework Antonio Cassese passed away at age 74. He was the first president of the International Criminal Tribunal for the former Yugoslavia and later served as president of the Special Tribunal for Lebanon. Photo credits: Voice of America & Reuters.

AMICC Convener Addresses International Law Weekend in New York

2011-10-25T11:06:00.005-04:00

(L to R) AMICC Convener John Washburn, CICC Convener William Pace, ICC President Sang-Hyun Song and NYU Professor Jennifer Trahan. Photo by Amber Lewis.

On October 22, AMICC Convener John Washburn addressed the American Branch of the International Law Associaiton's (ABILA) International Law Weekend at Fordham Law School. Washburn and the other panelists addressed the various challenges facing the International Criminal Court. He identified three issues relevant to AMICC's advocacy in the United States intended to rebut the criticism of ICC opponents:

Adequate oversight of the Court by its governing body, the Assembly of States Parties.

Sufficient funding for the ICC.

Upholding equality of arms and the rights of accused persons.

ICC in the Media, Update #48

2011-10-20T10:10:00.003-04:00

Recently reports surfaced from Libya's transitional government that Gaddafi, who is wanted by the ICC, has been killed in a rebel attack. The truth of these reports has yet to be confirmed, and the ICC has not yet released a statement on the matter. In other ICC news, the Prosecutor reportedly is planning to investigate up to six individuals in the Ivory Coast war crimes probe, which was recently authorized by ICC judges. Ocampo has expressed his intention to investigate the most responsible on both sides of the deadly post-election conflict that killed approximately 3,000 individuals.

In the Sudan case, President Bashir who is wanted by the ICC on counts of genocide, crimes against humanity and war crimes reportedly visited Malawi last weekend for a summit. Although Malawi is a member state to the ICC it failed to perform its obligation to arrest Bashir. The ICC has written to Malawi asking it to submit its "observations" on the visit before a November 11 deadline. Malawi has defended its action saying that it was not its business to perform the arrest. Last week Cape Verde ratified the Rome Statute, to become effective on January 1, 2012. The United Nations has confirmed that Cape Verde is the 119th nation to become a member state of the International Criminal Court. Finally, last week the Office of the Prosecutor released a statement saying that it is closely monitoring the Liberia presidential elections. Photo credit: NY Times.

Poll Shows More than Eight out of Ten American Voters Support U.S. Engagement at the United Nations

2011-10-12T14:15:00.002-04:00

Majority of Americans Oppose Anti-UN Bill in Congress; Support Full Payment of Dues to UN and UN Peacekeeping Operations

October 12, 2011

New bipartisan public opinion research released today by the United Nations Foundation and its sister organization, the Better World Campaign, shows that there is strong support for the United Nations. The majority of Americans said they oppose the proposed legislation in Congress that would cut United States’ funding to the United Nations by 50%, and end funding to UN agencies that respond and take action after a natural disaster or humanitarian crisis, such as UNICEF and the World Health Organization.

The survey conducted by Public Opinion Strategies and Hart Research Associates found that more than eight out of ten voters (86%) say it is important that the United States maintain an active role within the United Nations. Voters across the political spectrum overwhelmingly believe that the U.S. should pay our dues to the UN (64%) and UN peacekeeping operations (71%) on time and in full.

"This polling once again shows that Americans do not want to see the United States go back into debt at the United Nations. While misguided legislation in Congress would cause America to forfeit our leadership at the UN, we see time and time again that the majority of voters across the political spectrum believe the U.S. should have an active role within the UN," said Timothy E. Wirth, President of the United Nations Foundation. "At a time when the United Nations is more relevant than ever in addressing the world’s greatest peace and security challenges, this survey is evidence that voters believe in the value of the United Nations to American interests."

Key highlights of the research include:

Voters overwhelmingly believe it is important the United States maintain an active role within the United Nations.
More than eight out of ten voters (86%) say it is important that the United States maintain an active role within the United Nations, with a substantial majority (65%) saying it is ‘very important’ the United States do so.
Americans support the United States paying our dues to the United Nations on time and in full. Sixty-four percent of voters (64%) favor the United States paying our dues to the United Nations on time and in full, while 31% oppose.
Majorities of Republicans, Independents, and Democrats favor paying our UN dues on time and in full.
There continues to be even greater support for the United States paying our peacekeeping dues to the United Nations on time and in full (71% favor/25% oppose).
This is also true regardless of party. Majorities of Republicans, Independents, and Democrats continue to favor paying our peacekeeping dues to the United Nations on time and in full.
A majority of Americans (55%) opposes proposed legislation that would cut United States’ funding of the United Nations, while 39% favor it. Intensity matters, and there is a higher level of strong opposition (37% strongly oppose) to this proposed legislation compared to strong support (21% strongly favor).
Majorities of Democrats and Independents oppose the proposed legislation, while a small majority of Republicans support the proposed legislation.
There continues to be significant recognition of the contemporary relevance of the United Nations. More than two-thirds of Americans (68%) believe the United Nations is still needed today.
Majorities of Republicans, Independents, and Democrats agree with this assessment.
Consistent with our past tracks, a majority of Americans perceive the United Nations as an “only somewhat effective” organization (51%).
Significant majorities of Americans overwhelmingly believe the United States should be supportive of all of the 17 UN programs we tested. The top four programs were:
Helping to reverse the spread of HIV and malaria and other major diseases around the world.
Improving the access to safe drinking water in poor, developing countries.
Working to better the lives of adolescent girls around the world by helping assure girls have access to quality education and health care, adequate livelihoods, and freedom from violence and harmful practices.
Improving the health of women and children in poor, developing countries by making sure they have access to vaccines and maternal health care.

The research was undertaken by a bipartisan polling team led by Bill McInturff of Public Opinion Strategies and Geoff Garin of Hart Research Associates. The poll was conducted among 900 registered voters nationwide from October 1-4, 2011.

You can read the executive summary of the survey HERE. View the complete polling data HERE. For more information about UN Peacekeeping, please visit: www.UnitedInPeacekeeping.org.

ICC in the Media, Update #47

2011-10-12T13:04:00.003-04:00

This week the ICC judges concluded the confirmation of charges hearings for the six Kenya post-election violence suspects. The defense counsel reportedly asked the court to disregard the prosecution's evidence and decide against the cases going to trial. Presiding Judge Ekaterina Trendafilova used the opportunity to urge adequate protection of witnesses following the hearings after reports surfaced last week that the family of a witness had been threatened. The International Criminal Court has made available the following videos covering both sets of confirmation of charges hearings:

Reportedly the ICC Pre-Trial Chamber judges will rule in 90 days whether or not the suspects will go to trial on charges of crimes against humanity. In the meantime, lawyers for the government have submitted a request to gain access to all the prosecution's evidence (including all confidential and unredacted materials) to aid the government in investigating and prosecuting domestically perpetrators of the post-election violence, including the ICC suspects. This application has been criticized by some as yet another attempt to cede jurisdiction from the ICC. In the ongoing Bebma trial, reportedly this week the defense submitted evidence that Bemba tried to stop the perpetration of crimes by his officers upon learning that they were being committed. Further witness testimony and defense cross-examination are scheduled to continue this week. In other news, human rights activists in Mexico are reportedly planning to submit a complaint to the ICC against President Felipe Calderon, other government officials and drug cartel leaders for widespread abuses in the country's drug war. Despite the fact that Mexico is a state party to the ICC, scholars have expressed doubt that such a case could succeed at the ICC. Photo credit: The L.A. Times.

ICC in the Media, Update #46

2011-10-04T09:32:00.010-04:00

This week the International Criminal Court has appeared in a variety of news stories. Recently ICC judges approved the Prosecutor's application to open an official investigation into the Ivory Coast post-election violence that occurred in late 2010. The judges provided Ocampo with instructions to investigate crimes committed between 2002-2010, and to report back with his findings in a month's time. Reportedly, 3000 people were killed in the violence and at least 100 individuals were raped. In the Kenya case, the second set of ICC confirmation of charges hearings continue at the Hague. Last week we mentioned that suspect Uhuru Kenyatta took the witness stand, as depicted in the following video.

This week former police chief Hussien Ali has begun his defense. The strategy taken by his counsel appears to primarily consist of discrediting the prosecution's witnesses. More details regarding his defense are discussed below.

In the ongoing Jean-Pierre Bemba Gombo trial, reportedly thousands more victims have applied to the ICC to take part in the trial beyond the 1,600 who are already participating. The ICC is currently processing the applications. Reportedly Sierra Leone has asked the ICC to remain "on notice" regarding any violence that occurs during next year's presidential election. Sierra Leone has not officially applied to the ICC, but have asked the Court to monitor the events as they unfold. Photo credit: Christian Science Monitor.

An Interview with Luis Moreno-Ocampo

2011-10-01T14:38:00.001-04:00

Luis Moreno-Ocampo in New York/Photo by Hannah Dunphy

By Hannah Dunphy

Published on IJCentral.org

I’m sitting with Luis Moreno Ocampo in an uptown Manhattan conference room. Ocampo is framed by his press secretary and bodyguard. Otherwise the large room is empty. With both hands, Ocampo delicately slides my recording device towards him on the gleaming mahogany table. He leans over it intently, as if he were examining evidence.

To many, the chief prosecutor of the International Criminal Court (ICC), Luis Moreno Ocampo, is known simply as ‘The Prosecutor.’ His mission at the ICC is not unlike that of a superhero: to seek out the world’s most notorious evildoers, and obtain justice for their crimes. With active cases in six of the world’s most deadly conflicts, and arrest warrants for two sitting heads of states, Ocampo has presided over the launch of the first major global institution of the 21st century, and the most ambitious international legal project in the history of mankind.

Like other caped crusaders, there are movies about ‘The Prosecutor.’ The latest, Prosecutor, by Canadian filmmaker Barry Stevens, has brought Ocampo from the United Nations for the film’s opening night at New York’sPaley DocFest. Prosecutor follows Ocampo as he visits war-torn communities, negotiates with heads of state, coaches his legal team on how to behave in the courtroom, and strolls introspectively through the misty cobblestone streets of The Hague. The prosecutor’s quest for justice looks glamorous at points: he even gets to wear a costume, a kind of cape in the form of the legal robes of the ICC. The opening scene of the movie shows him disembarking from a UN helicopter and striding towards a dusty, remote African village, wearing a white linen suit.

But unlike the Justice Brigade, Ocampo’s fights aren’t just with super-villains. As the first person to ever hold the position of chief prosecutor at the ICC, Ocampo has had the daunting task of convincing the world that an idea, a hope, can become a reality: that a permanent, independent criminal court could have universal jurisdiction for genocide, war crimes, and crimes against humanity.

From day one, the prosecutor has had to battle for this idea at every turn, and field attacks from almost every side. The Court survived the Bush administration’s harsh policies, which forbade other countries from cooperating with the Court, threatening to stop suspend foreign military aid to those that would not conform. And the African Union has come to balk at the Court’s perceived agenda to only prosecute Africans. Prominent human rights NGOs are still criticizing the Court for not doing enough. In Prosecutor, we see Ocampo come under fire from a BBC anchor for the length of time and money it has taken to set up the Court, which, to this day, has yet to convict a single suspect.

A new prosecutor will be selected by the Assembly of States Parties of the ICC come December, and I’m eager to ask Ocampo about how he feels as his term as prosecutor draws to a close. Ocampo, though, stays steadily focused on process, portraying a decisive, albeit weary confidence in the slow progress the institution has made along the way. Despite some characteristic eccentricities and the glare of the public spotlight, he is eager to deflect personal questions back to the Court itself.

It seems then that the film, Prosecutor, is appropriately named: unlike Ocampo’s superhero moniker, ‘The Prosecutor’, whatever contribution Ocampo has made, the heroic arc in this story isn’t found in one man’s journey, but in the world’s quest for justice, embodied by the extraordinary global accomplishment of the ICC.

Hannah Dunphy for IJCentral: Tell me about this film, Prosecutor. Why do you think people should see it?
Luis Moreno Ocampo: The movie gets people to understand there is an institution that is working to do justice for the worst crimes, and for the victims. There are 2.4 billion citizens in 118 states parties of the Rome Statute, so we are working for them. So, how can I reach them? I need a movie. I hope that some of them see the movie. Interestingly, movies can help [people] to understand what happened, you know? The Nuremburg trial was very important but people changed their mind with the movie about the Nuremburg trial.

IJC: Let’s talk about some of the cases before the Court. Libya has been in the news, and as of today, Colonel Qaddafi is still at large. What do you say to the NTC (National Transitional Council) when they make statements about putting Gaddafi on trial in Libya?
LMO: Today, the only arrest warrant for Qaddafi has been issued by the International Criminal Court. There is no arrest warrant from a national judge in Libya. Eventually, if they have a case in Libya, they should present the case and the judges of the ICC will decide. But today, the only case is in the ICC.

IJC: Do you think the justice system as it exists today in Libya would have the capacity to try someone like Qaddafi?

LMO: We’ll see, I don’t know. We don’t like to predict.

IJC: The Kenyan case is just getting started, and last week there was a lot of attention paid to the start of the confirmation of charges hearings. As the first case initiated through propio motu, do you feel more personally connected to seeing justice in the Kenyan case?

LMO: Kenya is important not because it’s propio motu. Kenya is important because there was massive violence, and the crimes were committed by political leaders to gain or retain political power. And the risk is that they could do the same in the coming election in 2012. So that’s why the investigations in Kenya are critically important to justice for Kenyans, and also to start building Kenya, so it’s critically important for Africa. And to also send a message: you cannot commit atrocities to gain or retain power. That’s the importance of the Kenyan case. And for Kenyans, I think it’s incredibly interesting for them to see their leaders in the dock, answering questions, trying to explain what happened. I think that’s really important.

IJC: With the General Assembly in session, the question of Palestinian statehood and the ICC is on everyone’s minds. I know that OTP- your offices- had looked into alleged crimes in Gaza. Do you plan to issue any kind of report of your findings in the way that the OTP had done for Colombia and Afghanistan?

LMO: In Palestine, what we are doing is reviewing if they are a state- according to the Rome Statute, to accept jurisdiction. We are discussing this with the Palestinians. Now the issue is also discussing with the Security Council or maybe the General Assembly, so the issue will probably be solved there. What we did in the past two years was receive briefings from Palestine and discuss with them, and many, many other actors who are involved in the debate about if the Court should recognize statehood to accept jurisdiction or not.

IJC: So the issue of statehood would have to be resolved before you issued any kind of statement on alleged crimes in Palestine.

LMO: Yes.

IJC: I think most people would say that you were an incredibly instrumental figure in getting this institution to where it is today. As your term comes to a close, are there things that you look back on that you regret? Is there anything you would have done differently if you knew then what you know now about being the Prosecutor of the ICC?

LMO: When I arrived, I was thinking that my responsibility was to build an institution, and I should do it through selecting the best people I can, defining [policies] clearly, explaining what we are doing to states, NGOs, the international community and to citizens, and then, doing the job. That’s what we did. And we learned by walking. But what I can say is that the Court is working on exactly the type of crimes it was created for, and also keeping consensus about the Court, because the Court has no frivolous cases, and the Court is focused on the most responsible individuals.
And I hope they know that we’re close in the first trial! For me, it was important to finish some trials. I was thinking that I would finish my trials two years ago but – OK- it will be this year. But we are finishing trials and then we are going to a next phase, including reparations, [inaudible], and this conviction of Lubanga [will help with] educational programs around the world to ensure there are no more child soldiers. So basically I feel we put the system in motion, and I will give it to my successor [working]. So I feel… I leave my piece, and I pass it on.

IJC: What do you think is important for the next prosecutor to be able to do for the Court?

LMO: Whether it’s a “her” or “him,” I don’t know- there will be new challenges. I finish on June 16, 2012 and then, new prosecutor, new challenges, new decisions.

IJC: What’s next for you after you finish?

LMO: Let me finish this first, and then we can talk!

New AMICC Paper on Palestine and the ICC

2011-09-30T14:32:00.002-04:00

Read AMICC's new paper on the Palestinian Authority's bid for UN membership and its implications for the ICC: http://www.amicc.org/docs/Palestine_and_the_ICC.pdf.

Ar argument for US ratification: "An End to Impunity"

2011-09-26T13:19:00.002-04:00

SEPTEMBER 16, 2011
BY NICHOLAS KAASIK

The International Criminal Court was created to provide a way to hold those who commit war crimes, crimes against humanity and genocide accountable. It was designed to put an end to the impunity with which leaders had previously been able to commit such crimes. More than 115 countries are party to the Rome Statute that established the I.C.C. Shamefully, the United States is not.

The arguments against ratifying the Rome Statute are based on the concern that, should we become a state party, our citizens (our soldiers) could be subject to prosecution for war crimes. This scares war criminals like Donald Rumsfeld. But it should not scare the rest of us. Though becoming part of the I.C.C. surrenders a small amount of national sovereignty, the only reason one need fear accountability for crimes like genocide is unconscionable. Something more serious is awry if we resist membership in the I.C.C. because we are committing the very crimes the court was created to deter.

Concerns about a politically motivated prosecution of the United States are unjustified. The I.C.C. has shown restraint and objectivity in their investigations of conduct in Iraq. It is not perfect by any means, but it is a work in progress. Investigations launched by the prosecutor on his own initiative must be approved by other justices, and even if those members of the court had some nefarious objective, the Security Council could indefinitely delay I.C.C. prosecutions. Any fear that Americans would be brought against our will before the I.C.C. is overblown. War, by itself, is not a punishable crime under the Rome Statute.

The I.C.C. prosecutes only those who commit crimes of a sufficient gravity, and only when the domestic judicial system is unable or unwilling to prosecute such criminals. We are talking about the Joseph Konys, the Omar al Bashirs, the Qaddafis of the world. Shouldn’t we, as decent Cornellians who respect human dignity, want such heinous criminals brought to justice regardless of their nationality? In multiple cases, the I.C.C. has intervened to stop leaders from killing their own citizens. This is a protection we should want extended to all people.

At present, the I.C.C. walks a fine line on its road to relevance and efficacy. Launch prosecutions with no chance of success, and the court risks becoming impotent. Focus on only easy cases, and the court risks losing legitimacy. The United States could help expedite the court’s movement towards greater legitimacy. As the global superpower, putting ourselves within the jurisdiction of the I.C.C. expresses the court’s legitimacy to countries who have not yet joined the court and countries who are currently members but sometimes ignore their obligations to the court.

The promise of the I.C.C. — the promise of international law — is that another Rwanda will one day become unthinkable. Joining the I.C.C. could make a real difference in deterring those who might commit these types of crimes. The creation of the I.C.C. represents a shift from “justice” being written by the victor of a war, and instead toward a more predictable, equitable system of justice based on enduring principles of human dignity. The United States has spent the first decade of the court’s existence opposing almost everything the court has done. Instead of standing in the way, the United States could help move this noble endeavor forward.

As Cornellians, many of us will likely be in positions of leadership sooner than we think. For the sake of us all, let us hope we are better than those who are afraid of prosecution for crimes against humanity. For the sake of those less privileged than us, for whom our worst nightmares are their daily realities, let us stand in support of a court that deters such crimes and holds the perpetrators accountable.

The court aligns with our core values. Ending Joseph Kony’s reign of terror in Uganda, stopping the Janjaweed militias in Darfur, seeing Qaddafi face trial for killing his fellow Libyans — these are all things we believe in.

President Obama often frames debates in terms of “which side of history” we wish to be on. Do we, as Americans, want to be on the historical side of impunity when it comes to those who commit crimes against humanity? Or do we want to be on the side of bringing those who commit these horrible crimes to justice?

Soon enough, it will be our turn to help lead our country forward. I propose we lead our country in the direction of human dignity by becoming members of the International Criminal Court.

Nicholas Kaasik is a first-year law student at Cornell. He may be reached at nek43@cornell.edu.Barely Legal appears alternate Fridays this semester.

ICC in the Media, Update #45

2011-09-23T09:16:00.005-04:00

This week the ICC has enjoyed significant media attention. Earlier this week the Maldives became the 118th state party to ratify the Rome Statute and become a member state to the ICC. As we mentioned earlier, the confirmation of charges hearings for Kenya suspects Kenyatta, Ali and Mathaura have begun at the Hague. Kenya defense lawyers have claimed that several prosecution witnesses offered to lie against the defendants in return for the OPT giving them money or a better life, as depicted in the following video.

Kenyatta has taken the stand as a witness during his hearings, reportedly claiming that he has been a victim of violence and would never be a perpetrator. In perhaps an indication that some or all the Kenya cases will be confirmed, the ICC has made efforts to establish an outreach office in Kenya as soon as possible. The ICC Registrar visited Kenya last week to discuss the plans with government officials who later confirmed the ICC's intentions. In the ongoing Jean Pierre Bemba case, this week the ICC judges permitted victims' lawyers to question insider witnesses. These witnesses are the last to be called by the Prosecution in the trial. Photo credit: Business Daily Africa.

ICC in the Media, Update #44

2011-09-15T09:11:00.005-04:00

This week the media has focused on a variety of ICC cases, investigations and potential situations. In the Kenya situation, the confirmation of charges hearings are still in full-swing. The first set of suspects are wrapping up their hearings while the second set are preparing for the commencement of theirs. Suspect Deputy Prime Minster Uhuru Kenyatta has decided to take the stand as a witness in his upcoming hearing. The hearing begins on September 21 and Kenyatta will take the stand starting on September 28. Reportedly, this week internet hackers accessed confidential information from Kenya witnesses' email accounts, including their identities. This comes two months after burglars stole computers containing sensitive information relating to the case from Kenya government offices. The incidents have been reported, and the witnesses who have been compromised are being monitored. In other news, the confirmation of charges hearing for Callixte Mbarushimana is set to begin tomorrow at The Hague. He has been charged with five counts of crimes against humanity and six counts of war crimes allegedly committed in the Democratic Republic of the Congo in 2009. In the Libya case, Interpol has issued a red notice (their highest alert) for Muammar Gaddafi, his son and his spy chief. Reportedly Interpol is working with the ICC and Libya's National Transitional Council to help apprehend the suspects as soon as possible. In other news, human rights lawyers and several victims of sexual abuse filed a complaint at the ICC last week against the Pope for reported crimes against humanity. The ICC's Office of the Prosecutor made a statement that it will examine the documents to determine whether the alleged crimes fall within the Court's jurisdiction. Photo credit: Al Jazeera.

ICC in the Media, Update #43

2011-09-05T14:46:00.015-04:00

This week the media has primarily focused on the start of three Kenya violence suspects' confirmation of charges hearings. Last week the ICC Appeals Chamber responded to the suspects' appeal challenging the admissability of the cases at the ICC. The judges dismissed the appeal and determined that the ICC's jurisdiction is proper given the lack of domestic efforts to pursue the suspects. With the appeal dismissed, the confirmation of charges hearings for suspects Sang, Kosgey and Ruto began on September 1. The hearings for the second set of suspects will follow soon after. Several local civil rights organizations are urging the ICC to deliver its rulings on whether to proceed with each of the six suspects simultaneously to minimize the possibility of violence breaking out due to longstanding political and ethnic tensions on both sides of the conflict. Reportedly many of the Kenyans who remain internally displaced by the 2008 post-election violence are looking to the trials in hopes that justice will be done. Other victims of the violence are reportedly watching the hearings with anticipation hoping that they will finally be able to see those who orchestrated it be held responsible. Suspect Kosgey has now completed his submission in the confirmation of charges hearings and, unlike the other suspects, he declined to present any witnesses. His strategy reportedly consisted primarily of distancing himself with any group that organized the violence and poking holes in the prosecution's evidence against him. The defenses of suspects Ruto and Sang have included accusing the ICC Prosecutor of ignoring evidence against Kenya's Prime Minister, Raila Odinga, for political reasons. The Prosecutor has previously made statements that he has no evidence against Kenya's PM or President. However, a Nairobi lawyer has criticized the defense saying that the suspects should concentrate on denying the existence of a criminal conspiracy, not point out that Ocampo overlooked a participant in it. Reportedly the ICC judges have become concerned with witness coaching having heard witness testimonies from the defense over the past several days.
In other news, last week the Philippines officially became a state party to the International Criminal Court. It is the 117th state to become party to the Rome Statute, having been passed by the Senate with 17 affirmative and only 1 negative vote. Photo credit: IPS.

ICC in the Media, Update #42

2011-08-30T10:45:00.007-04:00

This week the media has focused on a variety of ICC cases, investigation and potential investigations. As we mentioned last week, the Lubanga trial - the ICC's first - is now completed. The ICC Prosecutor said in his closing statement that Lubanga is guilty "beyond any possible doubt," and the defense countered by saying that the prosecution's witnesses "lied." The judges are now deliberating on whether to find the defendant guilty of numerous counts of war crimes. The following clip explains further:

In the Kenya case, the first three suspects have returned to the Hague for their confirmation of charges hearings set for September 1, 2011. The hearings for suspects Ruto, Kosgey and Sang are expected to last until September 12, and the determination of charges will be made by the judges within 60 days after that. Several suspects have made statements that they are confident the charges will not be confirmed. In other news, in the Libya case, the ICC Prosecutor made a statement on Monday that he may apply for an arrest warrant against Khamis Gaddafi, another of Gaddafi's sons, after Khamis reportedly led executions in Tripoli. Photo credit: The Guardian.

[Video] Closing Arguments in the Lubanga Trial

2011-08-28T22:21:00.000-04:00

UN Goodwill Ambassador Angelina Jolie Explains the Importance of the Lubanga Trial, the ICC's First, as it Concludes

2011-08-26T10:33:00.002-04:00

Angelina Jolie attended the closing arguments of the ICC's first case, The Prosecutor v. Thomas Lubanga Dyilo, on August 25-26. Lubanga is charged with enlisting and abusing child soldiers in the Democratic Republic of the Congo. A verdict is expected by early next year.