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Situations under Preliminary Examination: News and statements

10 Nov 2010

Dear All,

Please find below information regarding developments in some of the situations currently under preliminary examination by the Office of the Prosecutor (OTP) of the International Criminal Court (ICC).

To date, the ICC has opened investigations in five situations: the Central African Republic; Darfur, Sudan; Uganda; Democratic Republic of Congo and Kenya. In addition, the ICC Office of the Prosecutor has made public that it is examining information about a number of situations around the world in order to determine whether an investigation should be opened. According to public and official statements by the ICC, the OTP is looking into alleged crimes committed in Afghanistan, Chad, Colombia, Côte d'Ivoire, Georgia, Guinea, and the Occupied Palestinian Territories. To date the OTP has published the conclusions of its preliminary examination into alleged crimes committed in Iraq and Venezuela.

This message includes the latest news articles, media statements and documents covering the period September - October 2010 related to Afghanistan (I), Colombia (II), Guinea (III), and the Occupied Palestinian Territories (IV).

Please 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 and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

For additional information you may refer to the Coalition's website at www.coalitionfortheicc.org

Best regards,

CICC Secretariat
www.coalitionfortheicc.org


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I. AFGHANISTAN

A. NEWS AND OPINIONS
1. "Afghanistan: plenty of crime, no justice", by Bette Dam, Radio Netherlands Worldwide, 20 October 2010, http://www.rnw.nl/international-justice/article/afghanistan-plenty-crime-no-justice

II. COLOMBIA

A. ICC PRESS STATEMENT
1. "ICC Registrar launches series on victims' rights and reparations, hosts working session with Colombian experts", ICC Office of the Registrar Press Release, 27 October 2010, http://www.icc-cpi.int/NR/exeres/4B53D4A5-4C3F-4744-956B-5D24CAAAF302.htm

"On 25 October, as the first event in a series on victims' rights to reparations, the Registry of the International Criminal Court (ICC) hosted a working session, with presentations by the Colombian National Commission for Reparation and Reconciliation (CNRR, as abbreviated in Spanish). The session provided an in-depth analysis on how reparations and victims' rights are approached both in judicial proceedings and administrative programs in relation to serious international crimes committed in Colombia.

The ICC Registrar, Ms Silvana Arbia, opened the session by highlighting one of the Rome Statute's key features: the recognition of the ICC's restorative function as well as its punitive function. She explained that the Court aims 'to ensure that as many victims as possible are able to exercise their rights as regards reparation and to benefit from assistance...'

The Colombian transitional justice experience

The President of the CNRR, Mr Eduardo Pizarro, offered an in-depth analysis of the Colombian experience with regard to reparations, in the context of implementing measures related to Colombia's Peace and Justice transitional law. 'The adoption of this law has engendered many discussions on how best to grant reparations to the thousands of registered victims, either accredited in the judicial processes or those participating in the administrative reparation routes'. Many lessons can be learned both from Colombia's successes and mistakes, he said.

Also, Professor Ivan Orozco, Researcher in the Area of Historical Memory of the Commission, presented the distinct mandates of the Peace and Justice process with regard to victims' rights to truth and justice. He emphasized the importance of historical truth. In his view, one of the most significant parts of the process is to enable Colombians to learn the truth, through emblematic cases addressing situations in which victims' rights have been abused, in order to prevent the recurrence of crimes. Eight books on such cases have already been published by the Commission.

The Colombian delegation also held bilateral meetings with Vice-President Judge Hans-Peter Kaul and representatives of the Office of the Prosecutor."

III. GUINEA

A. RELATED NEWS AND OPINIONS

1. "Guinee: ICC delegation expected in Conakry", Afrique en ligne, 15 October 2010, http://www.afriquejet.com/afrique-de-l'ouest/guinee/guinee:-une-delegation-de-la-cpi-attendue-a-conakry-2010101658482.html [French]
2. "Government Agrees to Welcome ICC Delegation", ANGOP, 18 October 2010, http://www.portalangop.co.ao/motix/pt_pt/noticias/africa/2010/9/42/Governo-aceita-acolher-delegacao-TPI,9ac19c50-c43b-4594-886e-1b82c4f51bd5.html [Portuguese]
3. "International Justice: 'Electoral violence could fall under ICC jurisdiction', according to the chief prosecutor of the ICC", by Mamadou Camara, Africa Guinée, 26 October 2010, http://www.africaguinee.com/index.php?monAction=detailNews&id=7113 [French]
4. "Violence: the ICC has warned you!", Le Pays, 26 October 2010, http://www.afriscoop.net/journal/spip.php?breve4888 [French]
5. "Gbagbo, Guinea and the ICC", Jeune Afrique, 28 October 2010, http://www.jeuneafrique.com/Article/ARTJAJA2597p008-009.xml0/gbagbo-la-guinee-et-la-cpi.html [French]
6. "The ICC will be announced shortly in Conakry - then what?", Africa Time/Aminata, 2 November 2010, http://www.africatime.com/guinee/nouvelle.asp?no_nouvelle=559724&no_categorie [French]
7. "Elections: Perpetrators of Violence Will be Punished, According to the Government," Afrique Guinée, 1 November 2010, http://www.africaguinee.com/index.php?monAction=detailNews&id=7166 [French]

IV. OCCUPIED PALESTINIAN TERRITORIES

A. CICC MEMBER PRESS STATEMENTS

1. "Illegal Israeli settlement plans threaten Palestinian human rights", Amnesty International Press Statement, 15 October 2010, http://www.amnesty.org/en/news-and-updates/illegal-israeli-settlement-plans-threaten-palestinian-human-rights-2010-10-15

"Amnesty International on Friday urged the Israeli authorities to abandon plans to construct 238 new housing units in Israeli settlements in occupied East Jerusalem.

... The confiscations, seizures and appropriations of land for settlements, bypass roads, the fence/wall and related infrastructure have resulted in the forced eviction of Palestinians.

... Israel's policy of settling its civilians on occupied land violates the Fourth Geneva Convention and is considered a war crime, according to the statute of the International Criminal Court."

B. RELATED NEWS & OPINIONS

1. "Gaza flotilla attack: calls for international criminal court to step in", by Afua Hirsch, Guardian, 8 October 2010, http://www.guardian.co.uk/world/2010/oct/08/israel-aid-flotilla-raid-calls
2. "Lawyers for Turkish aid flotilla victims appeal to ICC, AFP, 10 October 2010, http://www.google.com/hostednews/afp/article/ALeqM5gLSvz2VYGl2hTlo1twjv4l7lsMXw?docId=CNG.159465f3db6b6affe62dddf979b18cf3.5f1
3. "Lawyers of flotilla victims push int'l court to prosecute Israel", ABNA, 12 October 2010, http://abna.ir/data.asp?lang=3&id=208550
4. "Flotilla/ICC: French Press Charges", Le Figaro/AFP, 13 October 2010, http://www.lefigaro.fr/flash-actu/2010/10/13/97001-20101013FILWWW00383-flottillecpi-plaintes-de-francais.php [French]
5. "Flotilla: Nine French Passengers attack Netanyahou before the ICC", Le Monde/ AFP, 13 October 2010, http://www.lemonde.fr/proche-orient/article/2010/10/13/flottille-neuf-passagers-francais-attaquent-netanyahou-devant-la-cpi_1425478_3218.html [French]
6. "Turks accuse Israel of war crimes at int'l court", AP, 14 October 2010, http://www.google.com/hostednews/ap/article/ALeqM5jxZUwWHqdRw76nbKChbVM2vgqdlAD9IRF7000?docId=D9IRF7000
7. "Turks take Flotilla attack case to ICC", PressTV, 14 October 2010, http://www.presstv.ir/detail/146665.html
8. "Israel attack case on Turkish Gaza ship moved to ICC", World Bulletin, 14 October 2010, http://www.worldbulletin.net/news_detail.php?id=65164
9. "Lawyers ask ICC to prosecute Israel", JTA, 14 October 2010, http://www.jta.org/news/article/2010/10/14/2741287/lawyers-ask-icc-to-prosecute-israel
10. "ANALYSIS: Little chance of success for ICC flotilla-raid complaint", by Nick Rigillo, DPA, 15 October 2010, http://www.monstersandcritics.com/news/middleeast/news/article_1591699.php/ANALYSIS-Little-chance-of-success-for-ICC-flotilla-raid-complaint
11. "ICC: Can PA complain of crimes on 'Palestinian territory'?", by Dan Izenberg, Jerusalem Post, 21 October 2010, http://www.jpost.com/International/Article.aspx?id=192194
12. "Rights groups lobby International Court over recognizing Palestinian Authority as state", by Mike Corder, AP, 20 October 2010, http://www.brandonsun.com/world/breaking-news/rights-groups-lobby-international-court-over-recognizing-palestinian-authority-as-state-105384663.html?viewAllComments=y
13. "ICC to pave way for a 'Palestinian state'?", Israel Matzav, 21 October 2010, http://israelmatzav.blogspot.com/2010/10/icc-to-pave-way-for-palestinian-state.html
14. "Palestine, the ICC and Pandora's box", Le Monde Esprit de justice blog, 22 October 2010, http://justice-inter.blog.lemonde.fr/2010/10/22/la-palestine-la-cpi-et-la-boite-de-pandore/ [French]

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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