The US Support International Justice: US Ambassador Rapp on the ICC

(via International Justice Tribune):

The United States is lending increasing support to international tribunals, including the International Crimes Tribunal established by Bangladesh. While visiting courts in Europe, the US Ambassador-at-large for War Crimes Issues, Stephen Rapp, stopped off in The Hague and spoke to IJT.

By Geraldine Coughlan, The Hague

As Ambassador-at-large for War Crimes Issues, do you work in relation to the ICC even though the US has not ratified the Rome Statute?

That’s correct – we made that decision in this administration, to take up the role of observer in meetings of the ICC Assembly of States Parties and at the Review Conference in Kampala. As we announced at these meetings, beginning in 2009, the US government is supporting the ICC in all the cases where it has issued arrest warrants. We have been meeting with the ICC Prosecutor and Registrar and are working to furnish the greatest possible assistance that is permitted under our law for ICC investigations and prosecutions. This can include information sharing and help with witness protection and witness relocation. Also, we are providing diplomatic and political support for the arrest and transfer to the The Hague of all ICC fugitives. Basically we have made the determination that all these cases are appropriate and cry out for justice – and in the absence of genuine proceedings at the national level --they require effective international justice.

(cont'd)....

Read the whole interview here.

The Mladic Arrest: What Does It Mean for the ICC?

The delivery of Ratko Mladic to The Hague yesterday sends a chilling message to those suspects wanted by the ICC: you can run, you can hide, but you can’t escape justice. Mladic was wanted for allegedly masterminding the 1995 Srebrenica massacre in which 8,000 civilians were reported killed. He was indicted by the UN International Tribunal for the former Yugoslavia (ICTY) in 1995.

The ICC and its ad hoc and hybrid predecessors rely on the cooperation of governments and international and regional organizations to carry out their orders, such as arrest warrants. Opponents to our advocacy claim that these courts are impractical and useless because governments will not provide this enforcement. But they do. The government of Serbia was under enormous pressure to arrest Mladic if it wanted to be considered for European Union membership. The Mladic arrest support the reality that that arrest warrants can be enforced through international and bilateral pressure on the target state.

Like Radovan Karadzic, his co-indictee, he evaded justice for over a decade and this loomed over the Tribunal as it began completing its mandate. The ICC will not face this kind of deadline. An important distinction of the ICC, compared to the ICTY and other tribunals like it, is its permanence. The ICC will not be shutting down anytime soon, and it will exist long after certain suspects have fallen from power or get pushed over the border from a nation no longer a safe haven.

ICC in the Media, Update #30

This week the media attention shifted from Libya back to Kenya. On Sunday ICC Prosecutor Ocampo made a statement that members of Kenya's government "are misrepresenting ICC efforts to do justice for the victims as an attack against Kenyan sovereignty" as part of a political campaign. Discussions between the ICC and Kenyan government have begun over the government's apparent shift in position since the suspects were named late last year. The focus of the discussions reportedly is determining whether the government is"protecting witnesses or protecting the suspects from investigation." Kenya's Justice Minister Kilonzo dismissed the ICC's accusations as unfounded saying that Kenya continues to cooperate with the Court. Regardless, representatives of the ICC travelled to Kenya today to further discuss Kenya's committment to the ICC and issues of witness protection.

A recent report published by the AU Panel of Eminent African Personalities chaired by former UN secretary-general Kofi Annan found that a majority of Kenyans continue to support ICC participation in post-election violence proceedings. In other news the Bemba trial continues at the ICC. Last week a prosecution witness testified that Bemba's soldiers were the only soldiers present in the pillaged towns. However, this week the trial has been temporarily stalled due to the illness of a witness. Finally, the nomination period for electing six new judges and a prosecutor at the ICC is set to begin next month sparking speculation about the identities of the candidates. Photo credit: Capital FM.

ICC in the Media, Update #29

This past week the media has fixated on the ICC's involvement in Libya. On Monday ICC Prosecutor Ocampo appeared before ICC judges requesting the issuance of arrest warrants against Muammar Abu Minya Gaddafi, Saif Al Islam Gaddafi (Gaddafi's son) and Abdullah Al Sanousi (the Head of the Intelligence of Libya) for crimes against humanity committed in Libya. Ocampo apparently based his applications on "direct evidence" that the three held meetings to plan the crimes and took various roles in executing them. The judges are currently considering the application which they have the ability to grant, deny or request more information from the prosecution. Many members of the international community have heralded this step as one of "great importance" for both Libya and the fight against impunity for perpetrators of atrocity crimes. Reportedly Ocampo said that if arrest warrants are issued it will be up to Libyans to make arrests. In other news the President of the Ivory Coast has asked the ICC to investigate the "most serious crimes" committed after the country's disputed election last November that lead to a bloody political standoff. On May 3, 2011 Ocampo said the Office of the Prosecutor was preparing to launch a formal investigation into the tragic events. The Kenya post-election violence pre-trial proceedings continue with suspects Ruto and Sang demanding that Ocampo be reprimanded for an application he filed. The court has not yet responded to the suspects' latest request. Photo credit: The L.A. Times.

ICC in the Media, Update #28

This past week there have been several significant events in the international arena. On Wednesday ICC Prosecutor Ocampo announced that he will be pursuing arrest warrants against the 3 Libyans that bear the "greatest criminal responsibility" for crimes perpetrated by Gadhafi's forces. The charges are said to include crimes against humanity, with "relevant information" on war crimes as well. Ocampo has said that he will release the names of the accused when he presents his case to the ICC judges. Investigations into possible atrocity crimes on the rebel side of the conflict reportedly remain ongoing. UN Secretary Ban Ki-Moon made a statement on Wednesday saying that the UN supports the recent efforts of the ICC to bring those responsible for the tragedy in Libya to justice. The situation in Kenya's pre-trial proceedings continue at the Hague with the Pre-Trial Chamber's rejection of Ocampo's appeal application over evidence disclosure. The court ruled that the prosecution must disclose to the defense its evidence against the suspects. Named defendants Ruto and Sang requested on Tuesday that Ocampo include in the evidence names of all the "foot soldiers" in the crimes they allegedly committed. Ocampo has not yet publicly responded to the request. Photo credit: Daily Nation.

ICC in the Media, Update #27

Since the Kenya hearings we posted about last week the ICC has garnered little media attention. Perhaps indicative of this, stories covering an ICC judge's request that lawyers not wear their wigs due to the warm weather were featured by numerous media sources. However, operations continue at the ICC, including the proceedings of the "Kenya six". On April 19 a Status Conference took place where Ocampo stated that he would rely on extensive documents and 20 witnesses in his case, but sought to withhold the disclosure of evidence until the safety of witnesses could be better ensured by appealing a prior ICC disclosure order. On Monday morning the disclosure process began, with Ocampo redacting the disputed evidence until his appeal can be considered by the Court. The defense has also refuted the prosecution's application to require the posting of bonds, arguing that they are unnecessary and inappropriate given the voluntary cooperation of the parties. Similarly, the court has yet to rule on this issue. The date of the confirmation of charges hearing in the case - where the ICC judges will determine if there is enough evidence for the suspects to stand trial - has reportedly been set for September 1 and 21, 2011. In other news, Egypt's foreign minister announced on Wednesday Egypt's intention to join the International Criminal Court. Egypt is reportedly beginning to take the steps necessary to achieve this goal.

Six Kenyans Suspected of Crimes Against Humanity Appear at the ICC in The Hague

Six suspects made appearances at initial hearings in The Hague in response to summonses to appear issued in March. The Pre-Trial Chamber set for September 1 and September 21 for separate confirmation of charges hearings for the two cases. The appearance followed an application by Kenyan government on March 31 requesting the judges to rule that cases are inadmissible. The two cases are against Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali; and William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang. The ICC Prosecutor alleged that the six individuals are criminally responsible for crimes against humanity in post-election violence in Kenya in 2007 and 2008.
Photo: Initial appearance of suspects (from left to right) Uhuru Muigai Kenyatta, Francis Kirimi Muthaura and Mohammed Hussein Ali at the ICC. © ICC-CPI/AP/Bas Czerwinski. More photos of the hearings: April 7 and April 8.

ICC in the Media, Update #26

This past week the media has again focused primarily on the situation in Kenya. On Friday ICC's Pre-Trial Chamber rejected the ICC Prosecutor's request to appeal an earlier decision. The court refused to reconsider its earlier finding that police were not responsible for violence in four of the six major hotspots during the post-election violence. Domestically, a controversy continues over whether the government will pay the legal fees for the "Kenya Six." Members of the PNU have claimed that a proposal allowing the government to pay the fees was approved unanimously, but the ODM wing of the government generally rejects the proposition as highly inappropriate and denies that such a proposal was ever formally discussed. Further details of a domestic judicial institution are also being worked out. Prime Minister Odinga has said that strict restraints must be put on the institution to prevent it from being manipulated by powerful parties. He has proposed that the institution be headed by foreign judges who can decide the issue impartially, and will likely be held at the Hague. Although supportive of a credible domestic institution, Odinga and other members of the ODM continue to support the Kenyan proceedings at the ICC. However, the "Kenya Six" continue to make every effort to stop the ICC proceedings. On Monday ICC judges confirmed receiving an application from the Kenyan government to quash the proceedings based on Article 19 of the Rome Statute. Under that article a state may challenge the admissibility of a case before the ICC on the grounds that the state is already investigating and prosecuting the case domestically. An article 19 application may only be made once in a case, so the determination of the ICC judges on the matter will be extremely important. While the judges make this determination the proceedings against the Kenyans will continue as planned, starting with appearances by the suspects on April 7 and 8, 2011.

In other news, ICC Prosecutor Ocampo has stated that he is "one hundred percent" certain that ICC investigations in Libya will result in crimes against humanity charges against Gaddafi and members of his regime. He is set to present his findings to the U.N. Security Council on May 4, and present his case to the ICC judges several weeks after. Stephen Rapp, U.S. Ambassador-at-Large for War Crimes, echoed this sentiment last week, saying that it is not a question of if the ICC will serve justice in Libya, it is a question of when. Callixte Mbarushimana, indicted for atrocity crimes in the Democratic Republic of the Congo, made an application to the ICC last week for his release from detention so that he can return home to France. The result of his application has not yet been decided. Photo credit: Daily Nation.