Obama needs to hear from you NOW: Take Action to Support U.S. Participation in the ICC

The United States must attend International Criminal Court (ICC) preparations in The Hague next month for a Review Conference in 2010 which will make vital decisions on the ICC's future. There is a real danger that the U.S. will not go to the preparations. If not, the U.S. is likely to be frustrated and alienated by its experience at the conference. Before time runs out, tell President Obama and key cabinet leaders that the U.S. needs to go to the preparations.

 

SEND YOUR LETTER HERE!

Since 2003, the ICC has been investigating atrocities and holding individuals to account for genocide, war crimes and crimes against humanity. Unlike the Bush administration, the Obama administration has spoken favorably about the ICC and is open to cooperating with it. However, the administration is self-defeatingly refusing to participate in ICC meetings until it completes its full policy review on the ICC.

 

The ICC will hold a review conference in May and June 2010 to evaluate its performance and to shape its future. Many of the preparations for it will be finalized at the next regular session of the Court's governing body, the Assembly of States Parties (ASP), November 18-26 in The Hague. Given the slow pace of the policy review, it will be fortunate if the policy timely authorizes the U.S. to go to the Review Conference. If it does, it will find that the agenda and many of its decisions were predetermined in the preparatory meetings. These decisions may make it harder for the U.S. to achieve its eventual policy goals and a closer relationship with the ICC.

TAKE ACTION NOW!

UNGA responds to the ICC report

States Parties to the Rome Statute highlighted the importance of complementarity, cooperation, and universality for the ICC’s efficient functioning. They urged States Parties and UN member states to fulfill their obligations under international law (namely the UN Charter) and fully cooperate with the Security Council. (Read: arrest and surrender Omar Al-Bashir!)

Omar Al Bashir

Sudan's Ambassador to the UN brought some fire to the room criticizing states for hiding behind diplomatic phrases. He stated that the ICC poses a threat to the peace and security of societies, especially in Africa, and does not achieve justice. He characterized the upcoming Review Conference* as a tool to settle political accounts in the name of justice. He also criticized Prosecutor Luis Moreno-Ocampo, calling him an unprofessional political activist who chases fame and popularity. The delegate called for a stop to the politicization of justice which in his view expresses a new form of legal apartheid where the ICC’s selectivity and double standards in targeting only African leaders encroaches upon the sovereignty of these targeted states.

Egypt also called for the Security Council to refer cases to the ICC without discrimination. (Read: refer the case of Palestine/Israel following the Goldstone Report!)

*The Assembly of States Parties will hold a Review Conference in Kampala, Uganda in May 2010.

From IJ Central/Africa News: ICC Prosector on the ICC

Prosecutor Luis Moreno Ocampo:

"We are living in a global world. We need agreement between many states and we need rules. This rule is so basic that no one is against it. The rule is don’t commit massive crimes. That’s it. And every-one has to agree on this. If not, we cannot live together. It’s very simple. It is not idealistic, it’s realistic. " Read the full article at IJ Central here.

"Abu Garda in The Hague: A Day At The Court" by Jan Coebergh

"One could be forgiven for not knowing a Sudanese is in the dock at the International Criminal Court for crimes committed in Darfur. The confirmation of charges hearing against Abu Garda is going on at the moment in the Hague and on Tuesday 21 October, there were about 20 people in the public gallery to watch it in the industrial estate suburb of the Hague where the ICC is based.

"We were shown photos of the destruction of the AU base in Haskanita, with Abu Garda sitting there listening intently, and told how looted AU cars were seen in his possession the day after the attack."

Read Jan Coebergh's full impressions of the proceedings here.

More on Abu Garda

Video update and background on Abu Garda hearings

Confirmation of Charges Hearings continue in The Prosecutor vs. Bahr Idriss Abu Garda

Update on the Prosecution (as of 10/27/09):
The Prosecution, headed by Ms. Fatou Bensouda, described the attack on Peacekeeprs at MGS Haskanita which took place on September 29, 2007 as a deliberate, intentional, and planned attack that resulted in the death of 12 AMIS personnel. Eight were injured as a result of the attack.

Witnesses for the Prosecution

The Court also received the first out of three Prosecution witnesses, Witness 416. He testified it was impossible to mistake the AMIS camp for anything else due to the difference in uniforms between AMIS personnel, rebels, and civilians. Witness 416 further attested to the pillaging that took place at the sight in the aftermath of the attacks, as well as to the theft of automobiles, personal goods, food and ammunition.

On Thursday, October 22, 2009 a second Prosecution witness appeared in Court. Witness 466 expressed that the AMIS mission (as he understood it) revolved around ensuring the Darfur Peace agreement was held up, as well as monitoring or safeguarding the delivery of humanitarian supplies in Darfur. While he testified the attack on MGS Haskanita took place on September 29, 2007, much of his testimony was held in a private session.

Update on the Defense (as of 10/27/09):
-Abu Garda did not plan, aid, assist, or partake in the attacks
-Mr. Abu Garda was in Libya, not Sudan, and was traveling throughout Africa as part of JEM political meetings prior to the attack. He did not threaten to or plan an attack against MGS Haskanita.
-The evidence of the OTP is unreliable, incomplete and deficient.

For more information about the hearings for Abu Garda and the investigationsin Darfur, check out AMICC's website.

A Confirmation of Charges Hearing is not a trial in itself and does not erode the presumption of innocence of the defendant; rather, it allows the ICC to hear the Prosecution, Defense, and Victims’ perspectives of the crime in order to then judge whether or not the case merits going to trial at the ICC

Tell the Obama Administration to Support the International Criminal Court's Future

The United States must attend International Criminal Court (ICC) preparations in The Hague next month for a Review Conference in 2010 which will make vital decisions on the ICC's future. There is a real danger that the U.S. will not go to the preparations. If not, the U.S. is likely to be frustrated and alienated by its experience at the conference. Before time runs out, tell President Obama and key cabinet leaders that the U.S. needs to go to the preparations.

The ICC will hold a review conference in May and June 2010 to evaluate its performance and to shape its future. Many of the preparations for it will be finalized at the next regular session of the Court's governing body, the Assembly of States Parties (ASP), November 18-26 in The Hague. Given the slow pace of the policy review, it will be fortunate if the policy timely authorizes the U.S. to go to the Review Conference. If it does, it will find that the agenda and many of its decisions were predetermined in the preparatory meetings. These decisions may make it harder for the U.S. to achieve its eventual policy goals and a closer relationship with the ICC.

The Obama administration is now determining its ICC policy, in close consultation with the Departments of State and Defense. If it waits too long to engage, it will be too late to ensure meaningful U.S. participation in the Review Conference. Tell President Obama, Secretary of State Hillary Rodham Clinton and Secretary of Defense Bill Gates that you think the U.S. should participate in this important ICC meeting next month in The Hague.

Watch Abu Garda press conference and hearings LIVE

From our friends at the Coalition for the International Criminal Court (CICC):

"On 19-30 October 2009, ICC Pre-Trial Chamber I will hold a public hearing to examine the available evidence of war crimes against Darfur rebel leader Bahr Idriss Abu Garda for alleged attacks against African Union peacekeepers at the Haskanita military base in Darfur, Sudan in September 2007. Pre-Trial Chamber I will then have 60 days to decide whether or not there is sufficient evidence to move the case forward to trial."

• The confirmation hearing will be broadcasted with a 30-minute delay here.
• A detailed agenda for the hearing is available here.
• In addition, a press conference will be held in advance of the hearing tomorrow, 16 October 2009 at 12:00 (CET time) and will be broadcasted live.

Abu Garda- first person to voluntarily appear before the ICC

Luis Moreno Ocampo on Nuremberg

The Power of the International Criminal Court

Global 3000 The Power of the International Criminal Court

ICC cooperation part of Kenya's reform agenda

Kenya's NTV reports on potential ICC involvement in post-election violence.

Upcoming Event at Harvard Law School

International Criminal Justice:

Challenges of Investigating and Prosecuting War Crimes

Featuring Serge Brammertz, the Chief Prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY)

Monday, October 5th7:00-8:30 PMPound Hall 335Harvard Law School

Hors d'oeuvres will be provided.

Co-sponsored by OPIA, the Human Rights Program at Harvard Law School,

and the War Crimes Clinic.

For more information, contact: hrp@law.harvard.edu.