ICC in the Media, Update #52

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?

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

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

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

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

(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

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

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.