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CAR: ICC urged to probe officials in CAR

06 July 2007

Dear all,

Please find below news relating to the International Criminal Court's (ICC)
investigations in the Central African Republic (CAR) . We include one piece from IWPR about pressure on the ICC to be more even-handed in its investigation.

Please note that all translations from the French are unofficial and have been
prepared by CICC Secretariat staff.

Please also take note of the Coalition's policy on situations before the ICC
(below), which explicitly states that the CICC will NOT take a position on
potential or pending situations before the Court. The Coalition, however, will
continue to provide the most up-to-date information about the ICC.

Regards,
Sasha Tenenbaum
CICC Information Services Coordinator
[email protected]
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CENTRAL AFRICAN REPUBLIC: CALLS ON ICC TO ADOPT MORE EVEN-HANDED APPROACH

"Court Urged to Probe Officials," by Katy Glassborow (Institute for War and
Peace Reporting), 4 July 2007,
http://www.iwpr.net/?p=acr&s=f&o=336779&apc_state=henpacr


"...Human rights groups are urging Luis Moreno-Ocampo, Chief Prosecutor of the
International Criminal Court, ICC, to do a better job of probing government
officials as he embarks on his fourth investigation, in the Central African
Republic, CAR.

After criticism for not seeming to look into the actions of government ministers
who referred situations in their countries to the ICC - namely, Uganda and the
Democratic Republic of Congo, DRC - the prosecutor should probe senior officials
as well as rebels in CAR to combat a perception that the court only investigates
crimes committed by the latter, activists say.

If Moreno-Ocampo does not look at the role of governments which refer their
situations to the court, 'his arguments need to be convincing,' Geraldine
Mattioli from Human Rights Watch, HRW, told IWPR. 'Investigations are not
complete or satisfactory if they do not looking into those who bear the greatest
responsibility,' she said.

This is tricky for the ICC because it's being asked to probe conflicts in which
ministers and troops have played a substantial role. Indeed, on July 3, the UN
Security Council expressed concern at reports that government forces in CAR have
used disproportionate force to fight rebels.

... Human rights groups say that ICC prosecutors must have an eye on those
responsible for violence taking place today as well as that in the aftermath of
the abortive coup.

'Prosecutors must investigate individuals in the current government who continue
to commit atrocities with impunity,' said Godfrey Byaruhanga from Amnesty
International, AI.

Human rights groups say that for the ICC to re-establish credibility as an
impartial world court, prosecutors must look into the actions of the governments
which refer their situations, regardless of the fact that their cooperation is
needed to facilitate investigations.

...Florent Geel from the International Federation for Human Rights, FIDH, said
in DRC, the ICC gives the impression that maintaining a stable political climate
was more important than rocking the boat by accusing key political figures of
grave war crimes and crimes against humanity.

...According to Geel, some victims groups in DRC feel the ICC has so far been
manipulated by the government and do not see the court as credible, so will be
interested to see if prosecutors go after another mid-ranking rebel or a weighty
minister in the new indictment.

...Beatrice le Frapper Du Hellen, who heads the ICC's Jurisdiction,
Complementarity and Cooperation Division, JCCD, which secures government
cooperation, told IWPR that from the outset, authorities are made aware of the
ICC's independence and impartiality.

When talking to governments that refer their countries to the ICC, Du Hellen
says she makes sure they understand that prosecutors will determine the focus of
the investigation, and will not be swayed by the referral of the state.

'Authorities know we have no intention to lead a one-sided investigation,' said
Du Hellen....[She] said that while prosecutors will lead the CAR investigation
with government assistance, they 'can do it without if necessary,' and that
alleged crimes by government forces will also be probed.

Just how cooperative the CAR government will be remains to be seen. The omens
are not good. Since Bozize's government is struggling to run the country - with
basic services in a state of collapse - it's unclear how it will realistically
provide logistical support for the ICC or access to documents and records, says
Joel Charney from human rights group Refugees International.

Toby Lanzer, the UN humanitarian and development coordinator in CAR, told IWPR
that 'some stumbling blocks may arise' as the ICC investigation expands.

As head of state, Bozize has responsibility for crimes committed by CAR armed
forces and presidential security units, known as the Presidential Guard, but
Lanzer says this has only recently been made clear to the president.

'People [in CAR] are used to impunity as there is no tradition of the rule of
law,' said Charney.

UN agencies have spent time with Bozize and senior ministers explaining that
they are responsible for the actions of the Presidential Guard who are alleged
to have torture and killed innocent civilians.

'Lines of accountability get smudged,' admitted Lanzer, who maintained, however,
that the authorities are interested in clearing up crimes of the past and
establishing the rule of law, to get away from an 'all encompassing climate of
impunity that has reigned in this country for far too long.'

But whether Bozize understood that referring CAR to the ICC could mean he is
investigated for crimes committed before he became president, and ones that
continue to be perpetrated under his presidency, remains a fairly critical
unanswered question.

'It does not matter that the Bozize government referred the situation to the
ICC. If anything, the ICC must demand and expect a greater level of cooperation
from the government. The government must demonstrate that it was motivated by
justice and not using the ICC to 'persecute' its opponents,' said Byaruhanga

'The ICC has so far failed to demonstrate that being in power is not a basis for
enjoying impunity. This has been the case in DRC and Uganda, with regard to
suspects in positions of power.'"

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CICC'S POLICY ON THE REFERRAL AND PROSECUTION OF SITUATIONS BEFORE THE ICC:

The Coalition for the ICC is not an organ of the Court. The CICC is an
independent NGO movement dedicated to the establishment of the
International Criminal Court as a fair, effective, and independent
international organization. The Coalition will continue to provide the most
up-to-date information about the ICC and to help coordinate global action to
effectively implement the Rome Statute of the ICC. The Coalition will also
endeavor to respond to basic queries and to raise awareness about the ICC's
trigger mechanisms and procedures, as they develop. The Coalition as a whole,
and its secretariat, do not endorse or promote specific investigations or
prosecutions or take a position on situations before the ICC. However,
individual CICC members may endorse referrals, provide legal and other support
on investigations, or develop partnerships with local and other organizations in
the course of their efforts.

Communications to the ICC can be sent to:
ICC P.O. Box 19519
2500 CM The Hague
The Netherlands