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Ratification - Implementation News: Europe, Latin America andAfrica

14 May 2010

Dear all,

Please find below information about recent developments around the world regarding the ratification and implementation of the Rome Statute of the International Criminal Court (ICC) as well as the Agreement on Privileges and Immunities of the Court (APIC).

On 12-13 April 2010, CICC member organizations from a dozen European countries met in Pristina to discuss strategies to strengthen their national and regional campaigns for the ratification and implementation of the Rome Statute, and to build awareness and build capacity on the ICC.

At the end of the meeting, participants adopted a formal declaration, which sets out key recommendations to the authorities of European States, the European Union, other regional and international organizations, as well as to the ICC and the CICC.

Issued just a few weeks before the opening of the first Review Conference of the Rome Statute, the Pristina declaration further encouraged European States to participate in the Conference at the highest level possible as well as to make concrete pledges in advance of and during the Conference, including tangible commitments in terms of ratification and implementation of the Rome Statute and the APIC, cooperation and support to the ICC.

Also, please find information on the recent developments in the DRC and El Salvador.

The following digest includes articles received from diverse sources including international news agencies, local newspapers, and other sources. Please note that it is not exhaustive and does not represent views from all parties concerned. We will continue to provide the most inclusive information as it becomes available. Note that all translations have been informally provided by the CICC Secretariat.

We would like to remind you that the CICC has devised a plan of action in advance of the 2010 ICC Review Conference which outlines strategies and actions which we encourage our members and partners to undertake. The goal of these actions will be to increase commitment to justice through the Rome Statute and the ICC and to ensure that the advances at the Review Conference are concrete and long-lasting. Within the plan, we have included a link to a number of advocacy and background documents relating to the Review Conference which may be helpful for you in carrying out the recommended strategies. We hope you will join us in these collaborative efforts to ensure a successful Review Conference and ensure stronger support from states and participation in the Rome Statute system.

Our Plan of Action is available online at: http://www.coalitionfortheicc.org/?mod=action

For more information on these developments, please contact CICC Director of
Regional Programs, Brigitte Suhr ([email protected])

Regards,

CICC Secretariat

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I. EUROPE

i. "CICC Europe Regional Strategy Meeting- Pristina," 12-13 April 2010
http://www.iccnow.org/documents/CICC_ERSM_12-13_April_2010_Final_Recommendations_en.pdf

"FINAL RECOMMENDATIONS:

To the Authorities of the Western Balkans, South Caucasian States, Western and Eastern Europe States and Turkey:
* To take all necessary steps to ratify or accede to the Rome Statute of the ICC as soon as possible, if not yet a State Party;
* To fully implement the Rome Statute into domestic legislation, allowing the national judicial systems to exercise jurisdiction over alleged criminals, and to provide all the necessary assistance to the Court; and ratify or accede to the Agreement on Privileges and Immunities of the ICC (APIC) allowing the Court to function in an independent and unconditional manner;
* Involve civil society experts from the very beginning and at all stages of the national ratification and implementation ICC processes;
* To comply with the Court's requests for assistance and cooperation at all stages (investigation, arrest and surrender, protection of victims and witnesses, enforcement of sentences);
* To participate in ICC related events and to the meetings of the Assembly of States Parties to the ICC, and get involved on issues of particular expertise;
* Support capacity building efforts on the ICC, including the training of prosecutors, lawyers and judges, as well as of the military and police officials; include ICC and international justice in university curricula;
* To participate in the upcoming Review Conference at the highest level and to encourage other delegations to do so; make concrete pledges in advance and during the Review Conference, by promising, among other: to ratify and/or implement the Rome Statute and the APIC, to work with other states that have fewer capabilities, to promote universal acceptance of the Court; and to make other serious commitments towards ensuring the success of the Conference which represents a crucial opportunity for strengthening the commitment of world leaders and the world community to end impunity for perpetrators of the most serious crimes of concern to the international community;
* To the Georgian authorities: address the human rights and humanitarian law violations committed during the conflict with Russia in August 2008 and ensure that any national proceeding is conducted in a fair, effective and transparent way.

To the International Criminal Court:
* Conduct relevant outreach as appropriate, following the Prosecutor's public announcement about his office closely monitoring the situation in Georgia;
* Ensure OTP regular high-level visits to Georgia, to meet with different stakeholders including civil society;
* In accordance with the OTP strategy 2009-2012, issue regular reports on the status of the preliminary analysis into alleged crimes committed during the war between Georgia and Russia and share them with relevant stakeholders, including with civil society groups;
* Ensure that ICC organs regularly interact with local NGOs, including by seeking their input on specific policy issues and inviting them to relevant events and meetings.

To the European Union:
* To continue efforts to implement the EU Common Position and EU Action Plan on the ICC by adopting national and regional strategies and concrete initiatives to foster the universality and the implementation of the Rome Statute and of the APIC within the EU and in 3rd countries;
* To provide any necessary assistance to countries in the ratification and implementation of the Rome Statute and of the Agreement on Privileges and Immunities;
* To ensure effective implementation of the ICC clauses included in the EU Action Plans negotiated with the neighbouring countries, in particular with Eastern neighbours such as Moldova, Ukraine, Armenia and Azerbaijan, and in agreements with candidate countries such as Turkey, as well as clauses included in any other agreement or strategy with third country or region, in particular with Central Asia; and ensure an ICC/ justice clause and language is included in the renewed Action Plans that the EU negotiates;
* To ensure EU delegations and EU Special Representatives in third countries are fully informed of the EU Common Position and Action Plan, and actively promote the ICC, and in doing so, consult and maintain dialogue with local civil society and experts;
* Step up diplomatic support for the Court, and promote the fight against impunity in all political dialogues and meetings with third countries and organisations;
* To continue supporting ICC initiatives by global and local civil society in the region, including through the European Instrument for Democracy and Human Rights (EIDHR) and Country-based Support Scheme (CBSS).

To the International Committee of the Red Cross (ICRC), Council of Europe, Organization for Security and Cooperation in Europe (OSCE), Office of the High Representative for Human Rights:
* In the framework and in the limits of their respective mandates, to provide technical support and expertise on ICC ratification and implementation to those States requesting such assistance, in close cooperation with governments, national parliaments, non governmental organisations, regional organisations and other interested actors;
* To organise meetings to discuss progresses on ratification and implementation in the region, as to allow States to exchange experiences and best practices on a regular basis and encourage member countries to provide regular updates on their respective processes;
* Organise trainings of prosecutors, lawyers and judges on the ICC, as well as military and police officials and involve national civil society as much as possible in ICC initiatives at national and regional level;
* Follow-up on the resolution of the Parliamentary Assembly of the Council of Europe on the consequences of the war between Russia and Georgia, by seeking further information and updates on both countries' steps towards ensuring that the perpetrators of the human rights and IHL violations committed during the war are held to account and redress is provided to the victims of such violations;
* To send high-level delegations to the upcoming Review Conference in Kampala, including representatives of their respective Parliamentary Assemblies.

To the CICC Secretariat:
* To continue to provide member organizations timely information on ICC related issues -including issues to be discussed at the ASP and at the Review Conference -, and on CICC strategies and policies; and to ensure that members are able to give timely input on issues;
* To continue targeted awareness raising activities on the ICC and the Rome Statute with States, media, NGOs, students, universities and others;
* To continue to develop action plans and advocacy materials for national coalitions and members to implement CICC strategies at local level;
* To increase distribution of sub regional and thematic focused information and material to promote the ICC;
* To increase regular contacts and exchanges mechanisms and opportunities between the coalition's members and the Secretariat, in relation to strategies, campaigns and activities undertaken;
* To facilitate contacts and cooperation between international and regional organisations and local civil society in the region and experts working on the ICC.

To National CICC coalitions and members:
* To advocate for ratification and implementation of the Rome Statute and APIC, as well as for strengthened cooperation with the Court by developing strategies locally and regionally;
* To continue to be active on the ICC after achieving Rome Statute ratification by closely advocating and monitoring for implementation, joining CICC issues teams, following ASP issues, as well as ensuring national support for the Court;
* To include the ICC campaign in broader national and regional campaigns for human rights, the rule of law and democratization;
* To encourage key civil society organisations and individuals (including HR, humanitarian, developments and other organisations, as well as bar and legal practitioners associations) not yet active in the ICC campaign to get involved;
* To continue requesting constant dialogue with key national authorities involved in the ICC process;
* To distribute information and material widely in order to raise awareness on ICC related issues and increase the visibility of the network/coalition among state officials, the media and the general public (preferably translated into local language), increase raising awareness efforts in advance and during the Review Conference, including by creating blogs with country-specific positions, as to facilitate advocacy by national members and groups...."

ii. "European NGO Call for Stronger Support for the ICC in the Region," CICC Press Release, 5 May 2010
http://www.iccnow.org/documents/CICCAdvisory_ERSM_en.pdf

"On 12-13 April 2010, CICC member organizations from a dozen European countries met in Pristina to discuss strategies to strengthen their national and regional campaigns for the ratification and implementation of the Rome Statute, and to build awareness and build capacity on the ICC. At the end of the meeting, participants adopted a formal declaration, which sets out key recommendations to the authorities of European States, the EU, other regional and international organisations, as well as to the ICC and the CICC.

"Participants made it clear that the authorities of European states and the European Union (EU), among other actors, must ensure full support and cooperation to the ICC, to enable it to fulfil its mandate to deliver justice to the victims of genocide, crimes against humanity and war crimes and to prevent the future commission of such crimes," said Brigitte Suhr, CICC Director of Regional Programmes.

With 41 ICC States Parties, European states are among the Court's strongest supporters and have played a crucial role in the establishment of the ICC. However, 13 states have still not ratified the Court's Statute, namely Armenia, Azerbaijan, Belarus, Holy See, Kazakhstan, Kingdom of Monaco, Kyrgyzstan, Moldova, Russian Federation, Turkey, Turkmenistan, Ukraine and Uzbekistan. While 20 European countries have fully implemented the Rome Statute provisions into national legislation and another 15 have partially done so, many more have not yet implemented the Rome Statute at all. NGOs recalled the importance for all European States to enact legislation to allow national systems to exercise jurisdiction over ICC crimes and to provide the Court with the necessary cooperation and assistance. They also called on all European States that have not yet done so to ratify or accede to the Agreement on Privileges and Immunities of the ICC (APIC) so as to allow the Court to function in an effective and unconditional manner.

"The EU should continue to provide assistance to countries in the path to ratification and implementation of the Rome Statute and the APIC, as mandated by the EU Common Position and EU Action Plan on the ICC," said Veaceslav Tofan of the Moldovan Coalition for the ICC.

Issued just a few weeks before the opening of the first Review Conference of the Rome Statute, the Pristina declaration further encouraged European States to participate in the Conference at the highest level possible as well as to make concrete pledges in advance of and during the Conference, including tangible commitments in terms of ratification and implementation of the Rome Statute and the APIC, cooperation and support to the ICC.

The ICC is the world's first permanent international court to prosecute war crimes, crimes against humanity and genocide. There are currently 111 ICC States Parties. Central to the Court's mandate is the principle of complementarity, which holds that the Court will only intervene if national legal systems are unable or unwilling to investigate and prosecute. To date, the ICC has opened investigations in five situations and it has publicly issued twelve arrest warrants and one summons to appear. Two trials are ongoing and a third is expected to open in July 2010.

The ICC Office of the Prosecutor has made public that it is also examining at least eight other situations on four continents including Afghanistan, Colombia, Côte d'Ivoire, Georgia, Guinea and Palestine...."

II. AFRICA

i. "Impunité : la Coalition pour la CPI fait monter la pression à l'Assemblée Nationale," Le Phare, 22 April 2010
http://www.lephareonline.net/lephare/index.php?option=com_content&view=article&id=974:impunite-la-coalition-pour-la-cpi-fait-monter-la-pression-a-lassemblee-nationale&catid=44:rokstories&Itemid=106

"The DRC Coalition for the ICC will send in the coming days a memorandum to the Parliament to push for the consideration and adoption of the implementation law. The draft law is at the level of the National Assembly since March 2008.

The nation human Rights organizations and civil society actors will sign the memorandum in support to the bill introduced by the Honorables Nyaribungu and Mutumba.

The adoption of this law - known as complementary - will provide the national civil courts jurisdiction over war crimes, crimes against humanity and genocide. This jurisdiction is recognized only to the national military courts under the Military Criminal Code of 2002...."

III. EL SALVADOR

i. "FMLN se compromete ante la ONU lograr adhesión al Estatuto de Roma," Diario Colatino, 3 May 2010
http://www.diariocolatino.com/es/20100503/nacionales/79543/

"The Vice-president of the Legislative Assembly and Member of the Parliament and of the ruling party, Sigfrido Reyes ensured at the UN he will promote his country's accession to the Rome Statute. The congressman attended this weekend to 'Review Conference of the key challenges for the International Criminal Justice', held at UN headquarters.

"We believe that the Rome Statute is an important tool to ensure the protection of human rights and the fight against impunity," said Congressman Reyes. The Secretary General of the United Nations, Ban Ki-Moon, and other senior representatives attended to the conference...."

ii. "President of the Assembly of States Parties visits El Salvador," ICC Press Release, 15 April 2010
http://www.icc-cpi.int/menus/asp/press releases/press releases 2010/president of the assembly of states parties visits el salvador?lan=en-GB

"At the invitation of the Government of El Salvador, through the Ministry of Foreign Affairs, the President of the Assembly of States Parties to the Rome Statute, Ambassador Christian Wenaweser, and the Director of the Secretariat of the Assembly, Mr. Renán Villacís, visited San Salvador on 13 and 14 April.

The main purpose of the visit was to provide information about the International Criminal Court, including clarifications about the role played by the Court and the manner in which it may exercise its jurisdiction over the crimes set out in the Statute, as well as to make a reference to the key challenges faced by several States in the process of ratification of the Statute, and to give insight into the perspectives regarding the Review Conference of the Statute, which shall take place in Kampala from 31 May to 11 June.

At the inauguration of the seminar on the International Criminal Court, the Minister for Foreign Affairs, Mr. Hugo Martínez, stated that the seminar would set the course 'to pursue the phase of consultations and technical support by experts, organizations and national institutions interested and specialized on the topic, with a view to enrichening the discussion and paving the way for a more fruitful phase of legislative debates, with additional elements of judgment, to establish the requisite consensus on the accession or non-accession of El Salvador to this important instrument which guarantees human rights at a planetary level'..."

See press release in Spanish at: http://www.icc-cpi.int/menus/asp/press releases/press releases 2010/president of the assembly of states parties visits el salvador?lan=es-ES

In French at: http://www.icc-cpi.int/menus/asp/press releases/press releases 2010/president of the assembly of states parties visits el salvador?lan=fr-FR

See also:

i. "Ministerio de Relaciones Exteriores continúa proceso de consultas en
relación al Estatuto de Roma", News Ministry of Foreign Affairs of El Salvador, 13 de abril de 2010,
http://www.rree.gob.sv/sitio/sitiowebrree.nsf/pages/bol_estatuto

ii. "La CPI ayudaría a que no se repitan crímenes como los de los ochenta", por Jessica Ávalos, La Prensa Gráfica, 15 April 2010,
http://www.laprensagrafica.com/el-salvador/politica/110107-la-cpi-ayudaria-a-que-no-se-repitan-crimenes-como-los-de-los-ochenta.html

iii. "El Estatuto de Roma es un compromiso para combatir la impunidad", por Zoraya Urbina, Diario Co Latino, 16 April 2010,
http://www.diariocolatino.com/es/20100416/nacionales/78974/

iv. "Gobierno apunta a la ratificación del Estatuto de Roma", El Salvador, 13 April 2010,
http://www.elsalvador.com/mwedh/nota/nota_completa.asp?idCat=6351&idArt=46
96097

v. "Corte Penal Internacional instan a El Salvador a ratificar Estatuto de
Roma", por Jéssica Ávalos, La Prensa Gráfica, 13 April 2010,
http://www.laprensagrafica.com/el-salvador/politica/109667-integrantes-de-corte-penal-internacional-instan-a-pais-a-ratificar-estatuto.html

vi. "UN Chief Calls On All Nations To Join International Criminal Court", 30 April 2010, http://www.scoop.co.nz/stories/WO1005/S00017.htm

"Secretary-General Ban Ki-moon today called on every nation to become a party to the Rome Statute that set up the International Criminal Court (ICC), stressing the vital role played by the institution in ending impunity for war crimes, crimes against humanity and genocide...."