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Situations under Preliminary Examination: Recent News and Statements

01 June 2011

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 six situations: the Central African Republic; Darfur, Sudan; Uganda; Democratic Republic of Congo; Kenya; and Libya. 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, Colombia, Côte d'Ivoire, Georgia, Guinea, the Occupied Palestinian Territories, Nigeria, Honduras and Korea. To date the OTP has published the conclusions of its preliminary examination into alleged crimes committed in Iraq and Venezuela.

This message includes news articles, media statements and documents published in May 2011 related to Côte d'Ivoire (I), Colombia (II), Georgia (III), Nigeria (IV), Afghanistan (V), and Guinea (VI), as well as Coalition members' statements relating to countries not before the ICC, namely Syria and Sri Lanka (VII).

Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition will not take a position on potential and current situations before the Court or situations under preliminary examination. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

Also note that all ICC documents have been produced by the ICC and that the CICC Secretariat distributes them as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The documents do not reflect the views of the CICC as a whole or its individual members.

For additional information you may refer to the Coalition's website at http://www.coalitionfortheicc.org/?mod=developments

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

********************************************

I. CÔTE D'IVOIRE

A. ICC STATEMENT

1. "Situation in Côte d'Ivoire assigned to Pre-Trial Chamber II," ICC, 20 May 2011, http://www.icc-cpi.int/NR/exeres/FBD2D966-93CF-4A86-B590-46293E819A65.htm

"Today, 20 May 2011, the Presidency of the International Criminal Court (ICC) assigned the situation in the Republic of Côte d'Ivoire to Pre-Trial Chamber II following the letter of 19 May 2011, by which the Prosecutor informed the President of the Court of his intention to submit a request to the Pre-Trial Chamber for authorisation to open investigations into the situation in Côte d'Ivoire since 28 November 2010.

Côte d'Ivoire, which is not party to the Rome Statute, had accepted the jurisdiction of the ICC on 18 April 2003; more recently, and on both 14 December 2010 and 3 May 2011, the Presidency of Côte d'Ivoire reconfirmed the country's acceptance of this jurisdiction.

After a preliminary examination, the ICC Prosecutor concluded that there is a reasonable basis to believe that crimes within the jurisdiction of the Court have been committed in Côte d'Ivoire since 28 November 2010."

2. "Decision Assigning the Situation in the Republic of Côte d'Ivoire to Pre-Trial Chamber II," ICC, 20 May 2011, http://www.icc-cpi.int/iccdocs/doc/doc1073873.pdf

B. COALITION MEMBER STATEMENT

1. "Côte d'Ivoire: Both sides responsible for war crimes and crimes against humanity," Amnesty International, 25 May 2011, http://www.amnesty.org/en/news-and-updates/report/côte-divoire-both-sides-responsible-war-crimes-and-crimes-against-humanity-2

"Forces allied to both former Côte d'Ivoire President Laurent Gbagbo and incumbent Alassane Ouattara committed war crimes and crimes against humanity during six months of deadly violence following disputed elections, Amnesty International said in a report released today....

'Human rights violations are still being committed against real or perceived supporters of Laurent Gbagbo both in Abidjan and in the west of the country,' said Gaëtan Mootoo, Amnesty International's West Africa researcher....

The mass violations committed by all parties in the last six months have left thousands of victims, their families and large sections of the population scarred and traumatised.
Amnesty International is urging the new authorities to urgently re-establish the rule of law and the people's trust in impartial security forces.

Without justice for all victims regardless of their political affiliation or ethnic group, any appeals for reconciliation runs the risk of foundering on an unstable and unsatisfactory compromise that could lead to more bloodshed and vengeance in the future...."

C. COALITION MEMBERS QUOTED

1. "Rights Group: Justice Needed for Grave Crimes in Ivory Coast," Joe DeCapua, VOA News, 19 May 2011, http://www.voanews.com/english/news/africa/decapua-ivory-coast-hrw-19may11-122237859.html
2. "Amnesty International: Both sides committed atrocities in Ivory Coast postelection crisis," Marco Chown Oved, Associated Press, 24 May 2011, http://www.google.com/hostednews/canadianpress/article/ALeqM5gFIYlDaZJgjO51LVToypn9Zfm2Qg?docId=6941403
3. "Ivory Coast rights abuses continue," Thijs Bouwknegt, International Justice Tribune, RNW, 25 May 2011, http://www.rnw.nl/international-justice/article/ivory-coast-rights-abuses-continue
4. "War crimes on both sides of Ivorian conflict: Amnesty," Tim Cocks, Reuters, 25 May 2011, http://af.reuters.com/article/topNews/idAFJOE74O02Z20110525?sp=true

D. RELATED NEWS AND OPINIONS

1. "President Alassane Ouattara on RFI and France 24: 'Gbagbo will be tried by the ICC" (Le président Alassane Ouattara sur RFI et France 24 : 'Gbagbo sera jugé par la CPI), Le Patriote, 24 May 2011, http://www.lepatriote.net/lire/4d71e6f4-5ac5-4f31-856b-54b2b5b2ae9a.aspx (In French)
2. "Ivorian priorities," International Justice Desk, RNW, 23 May 2011, http://www.rnw.nl/international-justice/article/ivorian-priorities
3. "ICC prosecutor applies to investigate I.Coast violence," Sara Webb, May 2011, http://af.reuters.com/article/ivoryCoastNews/idAFLDE74J1SS20110520?sp=true
4. "France praises Ivorian president for calling for ICC probe," Pana, 20 May 2011, http://www.afriquejet.com/news/africa-news/france-praises-ivorian-president-for-calling-for-icc-probe-2011052012657.html
5. "Time will tell - Ouattara's quest for truth and justice," Thijs Bouwknegt, RNW, 19 May 2011, http://www.rnw.nl/international-justice/article/time-will-tell-ouattaras-quest-truth-and-justice
6. "Ivory Coast president invites International Criminal Court to investigate postelection crimes," AP, 19 May 2011, http://www.washingtonpost.com/world/ivory-coast-president-invites-international-criminal-court-to-investigate-postelection-crimes/2011/05/19/AFTxVF7G_story.html
7. "All murders will be punished" (Tous les crimes de sang seront punis) Abdoulaye Thiam, Sud Quotidien, 14 May 2011, http://www.sudonline.sn/-tous-les-crimes-de-sang-seront-punis-_a_2846.html (In French)
8. "Côte d'Ivoire: the responsibility of both sides pointed to in the massacres" (Côte d'Ivoire : la responsabilité des deux camps pointée dans des massacres), RFI, 11 May 2011, http://www.rfi.fr/afrique/20110511-cote-ivoire-responsabilite-deux-camps-pointee-massacres (In French)
9. "Crimes against humanity/ Can Gbagbo escape the ICC? (Crimes contre l'humanité / Gbagbo peut-il échapper à la CPI ?), Nord-Sud, 11 May 2011, http://news.abidjan.net/h/398744.html (In French)
10. "Judgement of Laurent Gbagbo - Obama and Sarkozy put pressure on Ouattara - Their demand to new president" (Jugement de Laurent Gbagbo - Obama et Sarkozy mettent la pression sur Ouattara - Leur exigence au nouveau président), Assane Niada, L'Inter, 10 May 2011, http://news.abidjan.net/h/398623.html (In French)
11. "New mass graves in Ivory Coast" (Nouveaux charniers en Côte d'Ivoire), Julien Adayé, Deutsche Welle, 10 May 2011, http://www.dw-world.de/dw/article/0,,6523262,00.html (In French)
12. "Côte d'Ivoire: Laurent Gbagbo heard by the court without his French lawyers" (Côte d'Ivoire: Gbagbo entendu par la justice sans ses avocats français), AFP, 7 May 2011, http://www.lepoint.fr/monde/cote-d-ivoire-gbagbo-entendu-par-la-justice-sans-ses-avocats-francais-07-05-2011-1328005_24.php (In French)
13. "Ivorian justice postpones hearings of former President Gbagbo" (La justice ivoirienne reporte les audiences de l'ex-président Gbagbo), RFI, 4 May 2011, http://www.rfi.fr/afrique/20110504-justice-ivoirienne-reporte-audiences-ex-president-gbagbo (In French)
14. "Massacres in Côte d'Ivoire: the ICC will open an investigation soon" (Massacres en Côte d'Ivoire: la CPI compte ouvrir prochainement une enquête), AFP, 3 May 2011, http://www.google.com/hostednews/afp/article/ALeqM5hpyCvxJlpxfs1CZnKWHvOqymVWCQ?docId=CNG.3f91b767a0da508ae37dbab2a3bd6a53.8e1 (In French)
15. "Côte d'Ivoire: a complaint for crimes against humanity against Ouattara in Paris" (Côte d'Ivoire : une plainte pour crime contre l'humanité vise Ouattara à Paris), Jeune Afrique, 3 May 2011, http://www.jeuneafrique.com/Article/ARTJAWEB20110503081256/france-justice-proces-laurent-gbagbocote-d-ivoire-une-plainte-pour-crime-contre-l-humanite-vise-ouattara-a-paris.html (In French)
16. "Prosecutor to move ahead on Ivory Coast probe," Edith M. Lederer, AP, 2 May 2011, http://hosted2.ap.org/txdam/54828a5e8d9d48b7ba8b94ba38a9ef22/Article_2011-05-02-UN-UN-Ivory-Coast-Court/id-def3864239f142528192a4cf2939b758
17. "Ivory Coast President Faces Reconciliation Challenges," VOA News, Nico Colombant, 29 April 2011, http://www.voanews.com/english/news/africa/Ivory-Coast-President-Faces-Reconciliation-Challenges-120995054.html
18. "Ivory Coast: truth or justice?," Thijs Bouwknegt, International Justice Tribune (RNW), 27 April 2011, http://www.rnw.nl/international-justice/article/ivory-coast-truth-or-justice
19. "Pro-Ouattara Forces Attack Former Ally in Ivory Coast," VOA News, 27 April 2011, http://www.voanews.com/english/news/africa/Pro-Ouattara-Forces-Attack-Former-Ally-in-Ivory-Coast-120782514.html
20. "Côte d'Ivoire: judge, but in the name of what law?" (Côte d'Ivoire : juger, oui mais au nom de quelle loi ?), Jeune Afrique, 27 April 2011, http://www.jeuneafrique.com/Article/ARTJAJA2623p015-017.xml1/enquete-cpi-justice-procescote-d-ivoire-juger-oui-mais-au-nom-de-quelle-loi.html (In French)
21. "Ivory Coast: Ouattara launched preliminary investigations against Gbagbo and his family" (Côte d`Ivoire: Ouattara lance des enquêtes préliminaires contre Gbagbo et ses proches), WADR, 26 April 2011, http://www.wadr.org/fr/site/news_fr/497/Côte-d`Ivoire-Ouattara-lance-des-enquêtes-préliminaires-contre-Gbagbo-et-ses-proches.htm (In French)

II. COLOMBIA

On 17 and 18 of May 2011, the President of the International Criminal Court (ICC) Judge Sang-Hyun Song made an official visit to Colombia, during which he met with Colombian President Juan Manuel Santos Calderón and other high-ranking government officials, the Presidents of the Supreme Court and Constitutional Court of Colombia, representatives of international organizations and diplomatic missions, as well as with civil society organisations. Issues discussed included complementarity, implementation of Rome Statute crimes at the national level, cooperation with the Court, the protection of human rights and ongoing justice processes in Colombia. President Song and President Santos also took the opportunity of the visit to sign an agreement on the enforcement of ICC sentences.

Meanwhile, on 23 May 2011, the Colombian government announced that it is to present a bill to congress on cooperation and judicial assistance with the ICC. If passed, the bill would ensure that full and effective cooperation with the ICC is enshrined in Colombian law -, as provided for in the Rome Statute and the Rules of Procedure and Evidence of the Court.

A. ICC PRESS RELEASE

1. "ICC President to sign enforcement of sentences agreement during his visit to Colombia," ICC Press release, 16 May 2011, http://www.icc-cpi.int/NR/exeres/7A76C443-DC5D-4ED3-8A64-7BFEC414C246.htm

"On 17 and 18 May, the President of the International Criminal Court (ICC), Judge Sang-Hyun Song, is scheduled to visit Bogotá, Republic of Colombia, at the invitation of the President of Colombia, H.E. Mr. Juan Manuel Santos Calderón. On the first day of the visit, President Song and President Santos will sign an agreement on the enforcement of ICC sentences, Colombia being the first country from the Latin American and Caribbean region to do so.

The visit to Colombia is part of President Song's efforts to raise global awareness about the ICC. He will travel to the Colombian capital from Port-of-Spain, Trinidad and Tobago, where he will address a seminar on the Rome Statute of the ICC for countries of the Caribbean Community.

Once in Bogotá, the ICC President will meet with a wide variety of interlocutors. In addition to President Santos and other high-ranking government officials, he will meet with civil society organisations, with the Presidents of the Supreme Court and Constitutional Court of Colombia, as well as with and representatives of international organisations and diplomatic missions. At the Universidad de los Andes, he will give a lecture entitled International Criminal Justice - How to Move Forward.

President Song will use these opportunities to stress that the ICC is a court of last resort and that States, within their national jurisdiction, bear the primary responsibility to ensure accountability for serious crimes of concern to the international community as a whole. He will also highlight ways in which States can strengthen the effective functioning of the Rome Statute system, including full cooperation with the ICC, national capacity building through the adoption of implementing legislation and other means, and various forms of voluntary support to the ICC.

The Office of the Prosecutor, an independent organ of the ICC, is conducting a preliminary examination in Colombia, assessing whether genuine national proceedings are being carried out. The ICC President has no part in these activities...."

B. COALITION MEMBER STATEMENT

1. "NGO representatives meet the President of the International Criminal Court" (Representantes de ONG se entrevistan con el Presidente de la Corte Penal Internacional), Colombian Commission of Jurists/ Comisión Colombiana de Juristas (CAJ), Press release, 20 May 2011 - excerpts (In Spanish)

"The President of the International Criminal Court (ICC) Judge Sang-Hyun Song, met in Bogotá yesterday with representatives of non-governmental organizations dedicated to promoting justice for cases of grave violations of human rights and international humanitarian law committed in the country vis-a-vis Colombia's constitutional obligations and commitments

The NGO representatives welcomed the visit of President Song. During the meeting, Gustavo Gallón, the director of the Colombian Commission of Jurists stressed the role of NGOs in the establishment of the ICC: 'for over 10 years, we have promoted the mandate of the Court, from before its creation in 1998. We believe that if national efforts have brought no results to the thousands of victims of crimes committed during armed conflicts in Colombia, the only thing for them to do is to seek their rights to justice, truth and reparation outside the country.'..."

C. RELATED NEWS AND OPINIONS

1. "NGOs urge ICC to intervene in Colombia," Tom Heyden, Colombia Reports, 18 May 2011, http://colombiareports.com/colombia-news/news/16366-ngos-urge-icc-president-to-intervene-in-colombia-.html
2. "Various NGOs ask the President of the ICC to open a case on crimes in Colombia" (Varias ONG solicitan al presidente de la CPI que abra un caso sobre crímenes en Colombia), EFE, 18 May 2011, http://www.google.com/hostednews/epa/article/ALeqM5gyrnvR1dmsNehPA1RgtWw53z6Csg?docId=1532318 (In Spanish)
3. "NGOs ask the ICC to judge Colombian leaders for crimes against humanity" (ONG piden a CPI juzgar a líderes colombianos por crímenes de lesa humanidad), Univisión, 18 May 2011, http://www.univision.com/contentroot/wirefeeds/noticias/8411653.shtml (In Spanish)
4. "Colombia signs 'historic' ICC agreement to help house convicts," Tom Heyden, Colombia Reports, 17 May 2011, http://colombiareports.com/colombia-news/news/16330-colombia-signs-historic-icc-agreement-to-help-house-convicts.html
5. "Colombia for judicial cooperation with the ICC" (Colombia por cooperación judicial con la CPI), Prensa Latina, 23 May 2011, http://www.prensa-latina.cu/index.php?option=com_content&task=view&id=290686&Itemid=1 (In Spanish)
6. "Law proposition in Colombia to assist International Criminal Court" (Proponen en Colombia ley de asistencia con Corte Penal Internacional), SDP Noticias, 23 May 2011, http://sdpnoticias.com/nota/76887/Proponen_en_Colombia_ley_de_asistencia_con_Corte_Penal_Internacional (In Spanish)
7. "Justice is 'a key requirement' for peace in Colombia" (La justicia es un "requisito clave" para la paz en Colombia), AFP, 19 May 2011, http://www.google.com/hostednews/afp/article/ALeqM5hhUB8Cj5_5adZsH9z4fPtuK08syQ?docId=CNG.6dcafae4258eb2a1fbc010958af4645e.a21 (In Spanish)
8. "Colombia and the ICC" (Colombia y la CPI), El Colombiano, 19 May 2011, http://www.elcolombiano.com/BancoConocimiento/C/colombia_y_la_cpi/colombia_y_la_cpi.asp?CodSeccion=219 (In Spanish)
9. "ICC president begins Colombia visit," Tom Heyden, Colombia Reports, 17 May 2011, http://colombiareports.com/colombia-news/news/16319-icc-president-begins-colombia-visit.html
10. "Colombia signs agreement with the ICC" (Colombia firma principio de acuerdo con la CPI), RNW, 18 May 2011, http://www.rnw.nl/espanol/article/colombia-firma-principio-de-acuerdo-con-la-cpi (In Spanish)
11. "President of the ICC meets Supreme Court" (Presidente de la CPI se reúne con Corte Suprema), El Espectador, 17 May 2011, http://www.elespectador.com/noticias/judicial/articulo-270517-presidente-de-cpi-se-reune-corte-suprema (In Spanish)
12. "Colombia will accept the fulfilment of ICC sentences on its territory" (Colombia aceptará cumplimiento en su territorio de condenas de la CPI), El Espectador, 17 May 2011, http://www.prensa-latina.cu/index.php?option=com_content&task=view&id=289083&Itemid=1 (In Spanish)
13. "President of the International Criminal Court visits Colombia" (Presidente de Corte Penal Internacional visita Colombia), Prensa Latina, 17 May 2011, http://www.prensa-latina.cu/index.php?option=com_content&task=view&id=289083&Itemid=1 (In Spanish)
14. "President of the International Criminal Court starts tour in Colombia" (Presidente de la Corte Penal Internacional inicia gira en Colombia), Caracol Radio, 17 May 2011, http://www.caracol.com.co/nota.aspx?id=1473363 (In Spanish)
15. "Colombia will be able to fulfil ICC judgements" (En Colombia se podrán cumplir las sentencias de la CPI), El Tiempo, 17 May 2011, http://www.eltiempo.com/politica/presidente-de-cpi-llego-a-colombia-para-suscribir-acuerdo-con-santos_9370984-4 (In Spanish) (Audiovisual)
16. "Colombia signs agreement with the International Criminal Court" (Firma acuerdo con Corte Penal Internacional), Ansa Latina, 17 May 2010, http://www.ansa.it/ansalatina/notizie/notiziari/colombia/20110518000835263082.html (In Spanish)
17. "ICC president to visit Colombia," Marguerite Cawley, Colombia Reports, 13 May 2011, http://colombiareports.com/colombia-news/news/16227-international-criminal-court-to-review-colombias-justice-and-peace-process.html
18. "Colombia in the ICC's focus?" (¿Colombia en la mira de la CPI?) RNW, 16 May 2011, http://www.rnw.nl/espanol/article/¿colombia-en-la-mira-de-la-cpi (In Spanish)
19. "ICC and UN share information on war crimes" (CPI y ONU comparten información sobre crímenes de Guerra), Prensa Latina, 17 May 2011, http://www.prensa-latina.cu/index.php?option=com_content&task=view&id=289287&Itemid=1 (In Spanish)
20. "UN and International Criminal Court exchange information on crime against humanity in Colombia" (ONU y Corte Penal Internacional intercambian información sobre crímenes de lesa humanidad en Colombia), Caracol Radio, 17 May 2011, http://www.caracol.com.co/nota.aspx?id=1473984 (In Spanish)
21. "Santos and the ICC debate on paramilitary demobilization" (Santos y CPI debaten sobre desmovilización de paramilitares", TeleSur, 17 May 2011, http://www.youtube.com/watch?v=ha1KdAliHDU (In Spanish) (Audiovisual)

III. GEORGIA

A. COALITION MEMBER PRESS RELEASE AND REPORT

1. "Georgia fails to properly investigate war crimes," Norwegian Helsinki Committee, Press Release, 23 May 2011, http://www.nhc.no/no/nyheter/Georgia+fails+to+properly+investigate+war+crimes.9UFRzK14.ips

"...Today the Norwegian Helsinki Committee (NHC) publishes a new report on Georgia with the title, Unable or Unwilling? Georgia's faulty investigation of crimes committed during the Russo-Georgian war of August 2008. Based on interviews with a large sample of witnesses to and victims of alleged crimes, the NHC concludes that Georgian authorities are at least both partly unable and partly unwilling to conduct an effective investigation into crimes falling within the jurisdiction of International Criminal Court (ICC) allegedly committed during and after the August 2008 war.

In a meeting today in The Hague, the report will be presented to the Office of the Prosecutor of the International Criminal Court (OTP), as the OTP currently is monitoring domestic investigations of crimes in Georgia (a State Party to the Court) and Russia. The OTP has already decided that crimes allegedly committed during the war fall under its mandate, and the Court can therefore assume jurisdiction and open an investigation if it finds that the parties concerned are unable or unwilling to carry out the investigation.

The report is researched together with three prominent Georgian human rights groups (Article 42, Georgian Young Lawyers' association, and the Human Rights Center HRC) in the period from October to December 2010. 244 individual applicants to the European Court of Human Rights in cases related to alleged crimes committed during and after the 2008 war were interviewed about what they knew about the investigation. All of the interviewees had lodged applications against Russia with the European Court, and would appear to be key witnesses. Only 26 % of them had been questioned by the police, and 3 % were aware of other investigative steps (such as crime scene and forensic investigation) in their respective cases.

More than two thirds of the investigation interviews reported in the survey were conducted in August/September 2008, and most of these dealt with the hostages from Tskhinvali, a high profile media situation in Georgia at the time of the war. After the initial burst of investigative activity, the investigation seems to have proceeded at snail pace, posing the question of whether adequate resources have been allocated to this demanding and extraordinary task. There are also issues with the transparency of the investigation. Georgian authorities did not answer our requests for information about the status of the general investigation.

Overall, the survey of the ECHR applicants indicates that the Georgian authorities are at least partly unable and partly unwilling to conduct an effective investigation into international crimes allegedly committed during and after the August 2008 war. The Caucasus region has seen a number of armed conflicts over the last 20 years, but little justice. Almost three years have passed since the war, and the question of whether the Court should step up its engagement regarding the Georgia war is becoming pressing...."

2. "Unable or Unwilling? Georgia's faulty investigation of crimes committed during and after the Russo-Georgian war of August 2008," Norwegian Helsinki Committee, May 2011, http://www.nhc.no/filestore/Publikasjoner/Rapporter/2011/Report_2_11_web.pdf

IV. NIGERIA

A. COALITION MEMBER STATEMENT

1. "Presidential Committee On 2011 Post Election Violence Unlawful And Diversionary," Chino Obiagwu and Jibo Ibrahim (NCICC), Sahara Reporters, 23 May 2011, http://saharareporters.com/press-release/presidential-committee-2011-post-election-violence-unlawful-and-diversionary

"The Nigeria Coalition for the International Criminal Court (NCICC) calls on the Federal Government of Nigeria to disband the recently constituted Presidential Committee on 2011 Election Violence and Civil Disturbances and proceed to charge and prosecute all those responsible for the post election violence in northern Nigeria including politicians who incited and armed the rioters.

... NCICC reminds the federal government of its obligations under the Rome Statute of the International Criminal Court, which it ratified in September 2001, to effectively prosecute all cases involving crime against humanity, genocide and war crimes. The 2011 post election killings, as well as the killings in Jos, Zaki Biam, Odi and of Boko Haram members etc constitute international crimes under the Rome Statute.

NCICC also calls on the federal government as a matter of urgency to send the Rome Statute (Ratification and Jurisdiction) bill to the National Assembly for enactment into law. This is in furtherance of the pledge made by the Attorney-General and Minister of Justice during the Review Conference of the ICC held in Kampala, Uganda in June 2010.

NCICC will petition the ICC if the federal government fails to take urgent steps to bring the real perpetrators of the post election violence to book...."

B. RELATED NEWS AND OPINIONS

1. "Rights group urges FG to prosecute perpetrators of post-election violence," Innocent Anaba, The Vanguard, 24 May 2011, http://www.vanguardngr.com/2011/05/rights-group-urges-fg-to-prosecute-perpetrators-of-post-election-violence/
2. "Nigeria-Justice: Group Seeks Scrapping of Jonathan's Tribunal," Emma Maduabuchi, Afrique en Ligne, 24 May 2011, http://www.afriquejet.com/news/africa-news/nigeria-justice:-group-seeks-scrapping-of-jonathan's-tribunal-2011052513061.html
3. "Post Election Violence: Huriwa Threatens to Drag Jonathan to ICC," Christopher Isiguzo, This Day (Nigeria), 28 April 2011, http://www.thisdaylive.com/articles/post-election-violence-huriwa-threatens-to-drag-jonathan-to-icc/90420/
4. "UN and post-election violence," The Daily Sun (Nigeria), 12 May 2011, http://www.sunnewsonline.com/webpages/opinion/editorial/2011/may/12/editorial-12-05-2011-001.htm

V. AFGHANISTAN

A. COALITION MEMBER QUOTED

1. "Canada must heed international court's 'reminder' on Afghan detainees: Amnesty," April Lim, Postmedia News, 29 April 2011, http://www.calgaryherald.com/news/Canada+must+heed+reminder+Afghan+detainees+Amnesty/4700411/story.html

"The International Criminal Court has issued Canada a strong "reminder" about the legal responsibility to investigate accusations of human-rights abuses, Amnesty International officials said.

The human rights watchdog was commenting on a statement the ICC chief prosecutor made in a documentary about how Canadian soldiers handled detainees in Afghanistan.

Luis Moreno-Ocampo said he is willing to probe possible war crimes violations, if the federal government will not....

Alex Neve, Amnesty International Canada secretary general, slammed the government for keeping the information from Canadians, saying they are using heavy-handed approaches to avoid accountability.

"That doesn't sit well alongside the prosecutor's reminder of how Canada should be handling a crucial human rights issue like this," he said, responding to Moreno-Ocampo's comments on Friday....

Neve said Amnesty International would like to see the government call a full public inquiry where there would be proper accounting regarding the transfer of Afghan detainees.

Amnesty International, the British Columbia Civil Liberties Association, and other human rights advocates have asked the government to halt the transfer of detainees to Afghan forces.

"It's clear that there have not yet been the kinds of reforms in Afghanistan that would give us confidence that transferred prisoners no longer face a serious risk of being tortured," Neve said...."

SEE ALSO:

2. "International court could probe possible Canadian war crimes," Michelle Shephard and Richard J. Brennan, The Star (Canada), 28 April 2011, http://www.thestar.com/news/canada/article/982371--international-court-could-probe-possible-canadian-war-crimes?bn=1

VI. GUINEA

A. COALITION MEMBER STATEMENT AND REPORT

1. "Guinea: A Nation at the Crossroads," HRW, 24 May 2011, http://www.hrw.org/en/news/2011/05/24/guinea-nation-crossroads

"President Alpha Condé, who took power in December 2010, should address the profound human rights and governance problems that have underscored decades of abuse in Guinea, Human Rights Watch said in a report released today. The report identifies the main factors that have contributed to years of impunity and recommends steps Guinea should take to promote good governance and to end the history of abuse.

The 68-page report, "We Have Lived in Darkness: A Human Rights Agenda for Guinea's New Government," calls on the government to bring to justice those responsible for massacres in 2007 and 2009. It says that the government should strengthen the judiciary and provide it with adequate resources, rein in and reform the security sector, and ensure that Guinea's population can benefit from the country's abundant natural resources. Human Rights Watch also recommended establishing a truth commission to uncover the causes of Guinea's violent past and an anti-corruption commission to end the misuse of its wealth...."

2. "'We Have Lived in Darkness': A Human Rights Agenda for Guinea's New Government," HRW, 24 May 2011, http://www.hrw.org/en/reports/2011/05/24/we-have-lived-darkness-0

B. RELATED NEWS

1. "Guinea: court action, but when?", International Justice Tribune (RNW), 10 May 2011, http://www.rnw.nl/africa/article/guinea-court-action-when

VII. COALITION MEMBERS' STATEMENTS RELATING TO COUNTRIES NOT BEFORE THE ICC

A. SYRIA

1. "Massacre of peaceful protesters in Syria: the International Community must act urgently," FIDH, 27 April 2011, http://www.fidh.org/Massacre-of-peaceful-protesters-in-Syria-the

"Bahrain and Yemen's victims not to be forgotten! ....

The situation in Syria has taken a turn for the worse in an unprecedented way since the beginning of the protests. According to FIDH and its member organisation in Syria, the Damascus Center for Human Rights Studies (DCHRS), it has become obvious that international crimes - that fall under the jurisdiction of the International Criminal Court (ICC) - are being perpetrated by the Syrian authorities that fully justifies the awakening of the International community. However violent crackdown against protesters by army and security forces is not a Syrian exception. Bahrain and Yemen are also the scene of fierce repressions....

...The International community must strongly condemn the gross and systematic violation of human rights by the Syrian authorities and urge them to put an immediate end to the violence. An independent international commission of inquiry must also be urgently set up in order to investigate all alleged violations of international human rights law and identify the alleged perpetrators. Those responsible should be brought to justice. The UN Security Council should refer the situation in Syria to the ICC and take other appropriate measures, such as individual sanctions to halt massive targeting of civilians by the authorities...."

2. "Syria: This is no time for double standards," Alex Neve (Amnesty International Canada secretary general) and Maher Arar, The Star (Canada), 1 May 2011, http://www.thestar.com/opinion/editorialopinion/article/983303--syria-this-is-no-time-for-double-standards

"As Canadians head to the polls, throughout North Africa and the Middle East millions of people have taken to the streets and the digital world demanding democratic change and human rights reforms. It is awe-inspiring. But it is also a time of deep fear. Many hundreds of people have been killed by cruel leaders determined to hold onto power at all costs - most recently in Syria.

It will most certainly change the course of history in the region. What a chance for Canada to play a key role. However, Canada's role in shaping these unparalleled events and in standing firm for democracy and human rights has been uncertain at best....

A special session of the UN Human Rights Council has been held to discuss the situation, which is welcome. But elsewhere in the UN system, including the Security Council, Syria is not even on the agenda. And there will be no decisions about getting the International Criminal Court involved, imposing an arms embargo, freezing the assets of Syrian leaders, or other steps to end these massive human rights violations, until that changes....

An election is no time for silence about human rights, or inaction with respect to a crisis like Syria. That must change as of May 3. Canada's voice needs to be heard - loud and clear; at a minimum backing an International Criminal Court referral, an arms embargo and an assets freeze. No double standards."

3. "Syria: Quickly Going beyond the Point of No Return," International Crisis Group, 3 May 2011, http://www.crisisgroup.org/en/publication-type/media-releases/2011/syria-quickly-going-beyond-the-point-of-no-return.aspx

"The situation in Syria is quickly going beyond the point of no return. By denouncing all forms of protest as sedition, and dealing with them through escalating violence, the regime is closing the door on any possible honourable exit to a deepening national crisis....

Some are calling for more from the international community. But a Libya-type military intervention is implausible, risky and undesirable, and any other form of direct outside help for the protesters inevitably would be used by the regime to depict them as foreign agents, thus exposing them to further repression without offering them any protection or materially affecting the outcome of the struggle....

The international community clearly has an important stake in the outcome of the current crisis, even if little capacity to influence it. That influence principally lies domestically: with the protesters, striving to claim their rights and whose greatest strength resides in their ability to remain peaceful, resilient and grounded in local support, and with the regime which must be brought to understand that continued resort to violence will only further deepen the crisis which it has brought upon itself."

4. "EU Syria sanctions must prompt tougher UN action," Amnesty International, 23 May 2011, http://www.amnesty.org/en/news-and-updates/eu-syria-sanctions-must-prompt-tougher-un-action-2011-05-23

"New European Union sanctions on President Bashar al-Assad of Syria should prompt the UN and Arab League to take tougher action against Syria over its violent crackdown against protesters, Amnesty International said today....

'We welcome the measures that the EU and the US government have now taken against President al-Assad and those around him, but the danger is that this will prove to be too little too late,' said Malcolm Smart, Amnesty International's Director for the Middle East and North Africa.

'The UN Security Council must now take more determined action on Syria and follow the precedent it set when Colonel al-Gaddafi's government began attacking its own people in Libya.'

'This is precisely what the Syrian government has been doing for weeks and it is high time that the Security Council also referred Syria to the Prosecutor of the International Criminal Court.'

'The Security Council's failure to take similar action is sending entirely the wrong signal to the government in Damascus. Syria's leaders must be told, and be told firmly, that they will not escape accountability and justice for the crimes that are now being committed under their authority in Syria.'"

SEE ALSO:

5. "Mass Grave Uncovered in Syria," FIDH, 17 May 2011, http://www.fidh.org/Mass-grave-uncovered-in-Syria

6. "The UN must take firm action" (Les Nations Unies Doivent Prendre des Mesures Fermes) Amnesty International Switzerland, 23 May 2011, http://www.amnesty.ch/fr/pays/moyen-orient-afrique-du-nord/syrie/docs/2011/nations-unies-mesures-fermes (In French)

7. "Syria death toll rises as city is placed under siege," Amnesty International, 9 May 2011, http://www.amnesty.org/en/news-and-updates/syria-death-toll-rises-city-placed-under-siege-2011-05-09

8. "Investigation urged into Syrian mass grave reports," Amnesty International, 17 May 2011, http://www.amnesty.org/en/news-and-updates/investigation-urged-syrian-mass-grave-reports-2011-05-17

B. SRI LANKA

1. "Impunity not an option for Sri Lanka crimes," No Peace Without Justice, 29 April 2011, http://www.npwj.org/ICC/Impunity-not-option-Sri-Lanka-crimes.html

"No Peace Without Justice and the Transnational Nonviolent Radical Party welcome the report of the Panel of Experts as an important step in shedding light could be shed on the events in the final stages of the conflict in Sri Lanka.

The report issued by the Panel of Experts finds that there are credible allegations of violations committed by both sides to the conflict, all of which require investigation and some form of accountability, be it through criminal prosecutions or other means, depending on the nature and severity of the violations....

NPWJ and the NRPTT call on the Government of Sri Lanka to fulfil the recommendations of the Panel of Experts and respond to these serious allegations by initiating an effective accountability process beginning with genuine investigations....

Sri Lanka's lack of action and apparent reluctance to do so to date, however, places a serious question mark over its willingness to end the impunity that currently exists for these very serious violations. If, therefore, Sri Lanka gives no concrete and realistic indication that it takes its responsibility seriously, the European Union and other members of the international community should support the establishment of a credible international investigation mechanism with a stronger mandate than the Secretary-General's Panel of Experts through an appropriate intergovernmental forum...."

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The 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