Promoting a Fair, Effective and Independent International Criminal Court

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Promoting a Fair, Effective and Independent
International Criminal Court
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Presentation Overview

• Part One About the International Criminal Court
  (ICC)
  
• Overview - History
• Structure of the Court
• Bringing a Case to the ICC
• Current Investigations
• Why Support the ICC?
• Which Countries Have Ratified the Rome Statute?
• The Role of the Assembly of States Parties (ASP)
• Part Two About the NGO Coalition for the
  International Criminal Court
  
• Mission History Objectives
• What We Do Issues and Campaigns
• Regional Coordination
• Our Network Steering Committee Members
• Our Supporters
• Part Three How NGOs and Individuals Can Support
  the ICC
  
• What Can NGOs Do?
• What Can NGOs and/or Individuals Do?

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Part One About the International Criminal Court
(ICC)
Photo Credit ICC/CPI Wim Van Capellen
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Part One About the International Criminal Court
(ICC)

• Overview
• Based in the Hague, the Netherlands
• First permanent court capable of trying
  individuals accused of
  
• Genocide
• Crimes against humanity
• War crimes
• Aggression (once defined)
• Known as the court of last resort
• Acts when national courts are unwilling or unable
  to do so
  

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Part One About the International Criminal Court
(ICC)

• History

• July 17, 1998 120 nations voted in favor of the
  adoption of the Rome Statute during the Rome
  Diplomatic Conference
  
• CICC members actively participated at conference

UN Secretary General Kofi Annan, government
officials and NGO representatives at the adoption
of the Rome Statute
Photo Credit UN
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Part One About the International Criminal Court
(ICC)
Making the Court A Reality

• A special UN treaty ceremony marked the 60th
  ratification on April 11, 2002
  
• The 60th ratification triggered the Rome
  Statutes entry into force on July 1, 2002

Photo CreditUN
Present at the treaty ceremony were (l-r) Prof.
Ben Ferencz, CICC Convenor Bill Pace, President
A.N.R Robinson, Prof. Cherif Bassiouni, H.E.
Philippe Kirsch and UN Legal Counsel Hans Corell
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Part One About the International Criminal Court
(ICC)

• Structure of the Court The Presidency

• President Judge Philippe Kirsch of Canada
• Manages the Court, with the exception of the
  Office of the Prosecutor
  
• Coordinates with the Prosecutor on all matters
  of mutual concern

Photo Credit ICC/CPI Wim Van Capellen
ICC President Philippe Kirsch
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Part One About the International Criminal Court
(ICC)

• Structure of the Court The Judges

• 18 judges, seven of whom are women
• Staggered terms of three, six, and nine years
• Represent all regions of the world and principal
  legal systems from around the world
  
• As judges, they do not represent their states or
  any political parties

Photo Credit ICC/CPI Wim Van Capellen
ICC Judges
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Part One About the International Criminal Court
(ICC)

• Structure of the Court The Registry

• ICC Registrar Bruno Cathala
• Principal administrative officer of the Court
• Registry is responsible for non-judicial aspects
  of the administration and servicing of the Court
  

Photo Credit ICC/CPI Wim Van Capellen
ICC Registrar Bruno Cathala
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Part One About the International Criminal Court
(ICC)

• Structure of the Court The Office of the
  Prosecutor (OTP)
  

• Chief Prosecutor Luis Moreno-Ocampo
• Conducts investigations and prosecutions of
  crimes that fall within the jurisdiction of the
  Court

(l-r) Chief Prosecutor Luis Moreno-Ocampo with
Deputy Prosecutors Ms. Fatou Bensouda and Mr.
Serge Brammertz
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Part One About the International Criminal Court
(ICC)

• Bringing a Case to the ICC
• Preconditions to the Exercise of ICC
  Jurisdiction
  
• Non-retroactive jurisdiction began July 1, 2002
• Jurisdiction over crimes committed
• By nationals of States that have ratified the ICC
  Statute
  
• On the territory of States Parties
• Matters referred by the UN Security Council
• Under the principle of complementarity, states
  have the primary responsibility and duty to
  investigate (and prosecute) alleged crimes
  
• The Court will only act when national courts are
  unwilling or unable to do so (as defined in
  Article 17(2) and Article 17(3))

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Part One About the International Criminal Court
(ICC)

• Bringing a Case to the ICC
• Who Can Initiate Investigations Leading to
  Possible ICC Prosecutions?
  
• A State Party can refer a situation to the Court
• The UN Security Council (under Chapter VII of the
  UN Charter) can refer a situation to the Court
  
• The ICC Prosecutor can begin an investigation on
  his or her own initiative and authority (propio
  motu)
  
• However, a Pre-Trial Chamber must approve any
  investigation initiated by the Prosecutor

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Part One About the International Criminal Court
(ICC)

• Current Investigations
• Democratic Republic of Congo (DRC)
• March 2004 DRC Government referred the situation
  to the ICC
  
• June 23, 2004 ICC Prosecutor Luis Moreno Ocampo
  announced the Court's first formal investigation
  into alleged atrocities committed in the DRC
  
• Uganda
• December 2003 Ugandan Government referred
  situation in Northern Uganda to the Court
  
• July 29, 2004 ICC Prosecutor announced the
  launch of a full investigation

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Part One About the International Criminal Court
(ICC)

• Current Investigations
• Darfur (Sudan)
• January 2005 The International Commission of
  Inquiry on Darfur, established by UN
  Secretary-General Kofi Annan, reported that there
  was reason to believe crimes of humanity and war
  crimes had been committed in Darfur
• March 31, 2005 UN Security Council passed SC
  Resolution 1593, referring the situation in
  Darfur to the ICC
  
• June 6, 2005 After interviewing over 50
  independent experts and reviewing relevant
  documents, the ICC Prosecutor announced the
  opening of a formal investigation into Darfur

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Part One About the International Criminal Court
(ICC)

• Why Support the ICC?
• Represents a major step forward in the fight
  against impunity
  
• Empowers the international community to react
  more rapidly through an impartial, permanent,
  international judicial mechanism
  
• Strengthens the ability of national judicial
  systems to address crimes of genocide, war
  crimes, and crimes against humanity
  
• Acts as an impartial body by preventing victors
  justice
  
• Addresses the needs and contributions of victims
  and witnesses
  
• Provides the opportunity for victims to receive
  financial reparations through the Victims Trust
  Fund
  
• Stands as a deterrent against future atrocities

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Part One About the International Criminal Court
(ICC)

• Which 99 Countries Have Ratified the Rome
  Statute?
  

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Part One About the International Criminal Court
(ICC)

• The Assembly of States Parties (ASP)

• President of ASP HRH Prince Zeid Ra'ad Zeid of
  Jordan
  
• The management oversight and legislative body of
  the ICC
  
• Composed of representatives of the States that
  have ratified or acceded to the Rome Statute
  
• Meets once a year to discuss and vote on issues
  before the Court

Photo Credit ICC/CPI Wim Van Capellen
The ASP During its Third Session
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Part Two About the NGO Coalition for the
International Criminal Court
Mission The Coalition for the International Crimi
nal Court (CICC) is a network of over 2,000
non-governmental organizations (NGOs) advocating
for a fair, effective and independent
International Criminal Court (ICC).
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Part Two About the NGO Coalition for the
International Criminal Court

• History of the Coalition

• February 10, 1995 Formation of the CICC in New
  York City
  
• Convened under William Pace, Executive Director
  of the World Federalist Movement-Institute for
  Global Policy
  
• Now includes over 2,000 NGOs from many sectors
  of global civil society

CICC Program Director, Tanya Karanasios and CICC
Convenor, William Pace
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Part Two About the NGO Coalition for the
International Criminal Court

• Regional Coordination

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Part Two About the NGO Coalition for the
International Criminal Court

• Objectives
• Promoting awareness of the ICC and Rome Statute
• Facilitating the effective participation of civil
  society in the sessions of the Assembly of States
  Parties
  
• Promoting universal acceptance and ratification
  of accession to the Rome Statute and the full
  implementation of the treatys obligations into
  national law
• Monitoring and supporting the Courts work
• Promoting international support for the Court
• Strengthening CICC networks around the world

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Part Two About the NGO Coalition for the
International Criminal Court

• Our Network

• 30 members at its founding - now more than 2,000
  NGOs
  
• NGO members from all regions of the world,
  representing a vast array of interests and
  expertise
  
• Together, the Coalition and its members organize
  themselves and coordinate activities in order to
  support the establishment of the ICC
  
• CICC Steering Committee founding NGOs which
  guide the work of the Coalition

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Part Two About the NGO Coalition for the
International Criminal Court

• Steering Committee Members
• Amnesty International
• Asociación Pro Derechos Humanos
• European Law Students Association
• Fédération Internationale des Ligues des Droits
  de lHomme
  
• Human Rights First
• Human Rights Watch
• No Peace Without Justice
• Parliamentarians for Global Action
• Rights Democracy
• Womens Initiatives for Gender Justice
• World Federalist Movement-Institute for Global
  Policy (WFM-IGP)
  

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Part Two About the NGO Coalition for the
International Criminal Court

• What We Do
• The Coalition for the International Criminal
  Court
  
• Campaigns, using its global network of members to
  coordinate campaigns around the world
  
• Raises Awareness, providing crucial information
  on the Court through publicly available print and
  electronic resources
  
• Provides Expertise, publishing research and
  advocacy papers on issues important to the Court
  

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Part Two About the NGO Coalition for the
International Criminal Court

• What We Do
• The Coalition for the International Criminal
  Court
  
• Coordinates NGOs, providing logistical and
  financial support to its members as well as
  analysis and background information
  
• Works closely with Governments, organizing
  meetings between NGOs and governments and
  observing meetings of The Friends of the ICC,
  an informal group of government representatives
  who support the ICC
• Monitors the Issues, actively monitoring the ASP
  and presenting recommendations to the ASP, often
  at the request of governments
  

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Part Two About the NGO Coalition for the
International Criminal Court

• Issues and Campaigns
• CICC members campaign on specific issues in a
  number of ways including (among others)
  
• National, regional and international campaigns
• Ratification and Implementation
• Election of ICC officials
• Defending the integrity of the Rome Statute and
  the ICC
  
• Thematic caucuses
• Victims Rights Working Group
• Womens Initiatives for Gender Justice
• Faith and Ethics-based Network for the ICC
• Issue-based teams
• Budget and Finance Team
• Communications and Outreach
• Legal Representation (for victims and defense)

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Part Two About the NGO Coalition for the
International Criminal Court

• Our Supporters
• The primary contributions to the Coalitions work
  come from member organizations who carry out the
  hard work necessary to achieve the CICCs goals,
  and commit thousands of staff and millions of
  dollars from their own programs.
• CICC has received major financial contributions
  from
  
• The Ford Foundation
• The John D. and Catherine T. MacArthur Foundation
  
  
• The European Commission

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Part Two About the NGO Coalition for the
International Criminal Court

• Our Supporters
• Over the years, grants have been received from
• Open Society Institute
• Paul and Daisy Soros Foundation
• Planethood Foundation
• Reebok Foundation
• Third Millennium Foundation
• The governments of Canada, Denmark, Finland,
  Germany, Greece, Italy, Liechtenstein,
  Luxembourg, the Netherlands, New Zealand,
  Portugal, Sweden, Sweden, Switzerland, and the UK

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Part Three How NGOs and Individuals Can Support
the ICC

• What Can NGOs Do?
• Become an NGO member or join a national or
  regional network
  
• Urge your national and regional governments to
  ratify and implement the ICC Statute
  
• Follow developments at the meetings of the
  Assembly of States Parties to the Rome Statute of
  the ICC

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Part Three How NGOs and Individuals Can Support
the ICC

• What Can NGOs and/or Individuals Do?
• Participate actively in a CICC campaign, thematic
  caucus or issue-based team
  
• Hold briefings for civil society organizations
  and for the press to inform them about the ICC
  
• Contact the Coalition to do translations of key
  information materials to the languages in your
  region
  
• Write a letter to the local editor of your
  newspaper in support of the ICC
  

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Part Three How NGOs and Individuals Can Support
the ICC

• What Can NGOs and/or Individuals Do?
• Visit the CICCs website at www.iccnow.org (and
  link to your website)
  
• Subscribe to the CICCs listservs
• for English, email icc-info-subscribe_at_yahoogroups
  .com
  
• for French, email reseau-cpi-subscribe_at_yahoogroup
  s.com
  
• for Spanish, email noticias-cpi-subscribe_at_yahoogr
  oups.com
  
• for Portuguese, email tpi-cpi-subscribe_at_yahoogrou
  ps.com
  
• Request print, electronic and audiovisual ICC
  Resources available from the CICC (public
  education tools)

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The NGO Coalition for the International Criminal
Court

• Questions
• Comments
• Visit us online www.iccnow.org or
• Contact us cicc_at_iccnow.org