20 YEARS OF THE ICC ROME STATUTE- The Global Justice Monitor 2019-2020

JOURNAL OF THE

ISSUE NO. 48 2019-2020

Coalition Commemorates the 20th Anniversary of the ICC Treaty | How the World Commemorated International Justice Day Our Journey for Justice | Reflecting on the Past, Present and Future of The Rome Statute | Members’ Messages on the 20th Anniversary of The Rome Statute | The ICC at 20: All Roads Lead Away From Rome | Hope for The Rome Statute

20 YEARS OF THE ICC ROME STATUTE The journey to end impunity continues.

Cover image © UN

A NOTE FROM WILLIAM R. PACE, CICC CONVENOR 1995–2019

© CICC / Kelly Phan

For 25 years, since February 1995, I have been honored to serve as Convenor of the Coalition for the International Criminal Court (CICC). As many of you know, I have retired from this role in June 2019 and this will be my last contribution in the CICC Monitor as Convenor. The Monitor and other communication resources of the Coalition have been a living legacy and archive of the Coalition and the Rome Statute history.

�

t is fitting that this Monitor is dedicated to the 20th anniversary proceedings in 2018. The Rome Statute was largely conceived and advanced by progressive governments in the UN General Assembly and by the Coalition 1. Last year, in connection with the 20th anniversary, the Coalition published its long-delayed “Rome Report” 2, fully documenting what has been acknowledged for twenty years: that it was the collective force of the partnership between the Coalition and the ICC Like-Minded Group of 70 governments that was primarily responsible for the historic adoption of the Rome Statute on July 17, 1998.

I was at the UN Security Council in NY in 2002 when the Bush Administration launched its effort to try to kill the treaty and Court (UNSC Res. 1422), followed by the “Hague invasion act” and more than 100 bi-lateral immunity agreements. The

1

Coalition - Also referred to CICC to represent Coalition for the International Criminal Court

2

Rome Report: http://coalitionfortheicc.org/rome-report

Coalition successfully fought against this attack by the US administration and by 2005, the Bush government had begun cooperating with the ICC. As promised in so many events last year, I hope that our global membership will continue to do all it can to protect the Rome Statute and Rome Statute system (RSS) from the current threats.

As noted by many Rome Statute foreign ministers in responding to the Trump Administration threats last September, the threats to the Rome Statute system are not isolated from the broader attacks against and retreats from many of the most progressive pillars of the post-WWII international legal order.

The RSS and ICC have been and continue to be confronted with many other external and internal challenges that need to be honestly addressed. The Coalition and our Steering �

COA L IT I O N F O R T H E I CC .O R G

1

A N OT E F R O M W I L L I A M R . PAC E , C I C C C O N V E N O R , 1 9 9 5 – 2 0 1 9

2

Images © UN, CICC, Syd Boyd

1

3 4

5 1. NGOs brief media on Rome Statute conference, 1998 2. Speaking at the Plenary session of the Rome Conference in June 1998 3. Interview with Tom Osbourne on UNTV “Diplomatically Incorrect”, 2010 4. Meeting with the ICC President, Chile Eboe-Osuji at the ASP 17 5. With Evelyn A. Ankumah at the Launch Forum Rome Statute at 20, 2018

These are difficult times for international justice and human rights. We must all maintain our strongest support for the principles and goals of the Coalition and the Rome Statute and ICC. Almost all agree that the Rome Statute remains a strong and historic treaty; but what is needed is significant improvement in implementation at all levels.”

� Committee are supporting proposals endorsed by the Court, by former Presidents of the Assembly of State Parties (ASP), and civil society for a constructive and independent review of the ICC and RSS system, which could approved and authorized by the ASP Bureau, with recommendations to be fully debated by the Assembly, hopefully at the 2020 meeting at UNHQ. The proposed timing is to coincide with what will be an almost a complete turnover of the leadership positions of the Court and ASP in elections at the crucial 2020 Assembly.

We also see that the governments are not agreeing to an expedited review, thus the Coalition members will need to promote and strive with supportive governments for multiple review processes.

These are difficult times for international justice and human rights. We must all maintain our strongest support for the

principles and goals of the Coalition and the Rome Statute and ICC. Almost all agree that the Rome Statute remains a strong and historic treaty; but what is needed is significant improvement in implementation at all levels.

I will remain strongly committed to the Coalition and the RSS. No honor has been greater than serving as Convenor. I believe today as I did after midnight on July 17, 1998 that the Rome Statute and the Coalition are among the greatest advancements for justice, peace and the rule of law in international affairs in the last 75 years.

This publication has been produced with the financial assistance of the European Union and Irish Aid, as well as the governments of Finland, Liechtenstein, Norway, the Netherlands and Switzerland, and a number of committed individuals and family foundations.

The contents of this publication are the sole responsibility of the Coalition for the International Criminal Court and should in no way be taken to reflect the views of the European Union, Irish Aid, or any other donor.

The generous support provided by our dedicated partners allows us to further advance international justice and cooperation with the ICC. For more information, contact development@coalitionfortheicc.org

2

T H E

M O N I TO R

–

I SSU E

4 8

CONTENTS

WHO WE ARE Established in 1995, the Coalition for the International Criminal Court (CICC) is a global network of over 2,500 civil society organizations in 150 countries working in partnership to: •S trengthen and ensure an effective, independent, resilient and standard-setting ICC; • Make justice both visible and universal; •F ight for justice for victims of war crimes, crimes against humanity, crime of aggression and genocide through national courts and the ICC.

4 8

For the latest #GlobalJustice news and civil society views, connect with us at coalitionfortheicc.org.

OUR STAFF William R. Pace, Convenor (1995-2019) Kirsten Meersschaert, Director of Programs / The Hague Head of Office (2007-2019) Dr. Tawanda Hondora, Executive Director, WFM-IGP Virginie Amato, Regional Coordinator for Europe

22

Michelle Reyes Milk, Regional Coordinator for the Americas Matteo Tonella, Program Associate Yasmina Gourchane, Membership and Outreach Associate Arden Haselmann, Program Assistant Emma Sniegowski, Development Assistant Eliza Fairbrother, Development Associate (2017-2019) Ricardo Izquierdo, Legal Officer Naureen Khan, Communications Officer Agustina Bidart, Spanish Communications Officer Carmela S. Garcia Ganoza, Americas Fellow Hugo Strikker, Finance and Administration Manager Sarkar Keya, Finance and Administration Officer Spencer Lanning, IT Manager

Coalition Commemorates the 4

20th Anniversary of the ICC Treaty Highlights from the Interactive Forum hosted by the Coalition.

How the World Commemorated 8

OUR STEERING COMMITTEE The Coalition’s Steering Committee comprises a core group of member organizations which provide policy and program coherence for the Coalition’s efforts and activities:

International Justice Day

Events around the world to honor the 20th anniversary of the Rome Statute.

14 Our Journey for Justice

� Adaleh Center for Human Rights Studies � Amnesty International

A timeline of our historical work.

� Andean Commission of Jurists � Asian Forum for Human Rights and Development (FORUM-ASIA) � Asociación Pro Derechos Humanos (APRODEH-Perú) � Civil Resource Development and Documentation Centre (CIRDDOC) � Fédération Internationale des Ligues des Droits de l’Homme (FIDH) � Georgian Young Lawyers Association � Human Rights Network-Uganda (HURINET-Uganda) � Human Rights Watch � Justice Without Frontiers

16 Reflecting on the Past, Present,

and Future of The Rome Statute Michelle Reyes Milk reflects on the Court’s work and its future.

20 Members’ Message on the 20th

Anniversary of The Rome Statute

22 The ICC at 20: All Roads

� No Peace Without Justice � Parliamentarians for Global Action

Lead Away From Rome

� The Redress Trust

Matt Cannock addresses the Court’s challenges.

� Women’s Initiatives for Gender Justice �W orld Federalist Movement-Institute for Global Policy (WFM-IGP) – WFM-IGP hosts the International Secretariat of the CICC.

26 Hope for The Rome Statute

International organizations expectations from the ICC

COA L IT I O N F O R T H E I CC .O R G

3

COALITION COMMEMORATES THE 20TH ANNIVERSARY OF THE ICC TREATY

Elizabeth Evenson - Human Rights Watch, Alix Vuillemin Grendel - Women’s Initiatives for Gender Justice & Dr. Deborah Ruiz Verduzco - International Commission on Missing Persons

�

his date marks a crucial turning point in the fight against impunity, in which those responsible for the most serious crimes, including genocide, war crimes and crimes against humanity, could be held accountable.

To commemorate the 20th anniversary of the founding treaty of the International Criminal Court, the Coalition for the International Criminal Court (CICC) hosted an Interactive Forum at the Peace Palace in The Hague on 16 February 2018. Key players behind the Rome Statute system were invited to discuss history of the ICC and Rome Statute system, their impact on the field of international justice today, and to reflect on their future in increasingly difficult political circumstances.

In three sessions, panelists from all facets of the Rome Statute system addressed key questions about the history, evolution and future of the ground-breaking treaty that established the ICC. In the spirit of spurring a genuine interactive dialogue, each session was punctuated by interventions from the audience, which included representatives from The Hague diplomatic community, current and former leaders of the Court and CICC members from around the world.

4

C L IC K

TO

WATC H

T H E

SESSION I Historical significance of the ICC Rome Statute

H.E. Mr. Juan Antonio Yanez-Barnuevo Ambassador (retired); Head of the Delegation of Spain at the Rome Conference I want to pay tribute to the Coalition and to many of its constitutive members for the action they had in pushing states, in bringing the debate to public opinion around the world and also in parliaments. It was very important to have the political pressure on governments and also for the ratification of the Statute and other instruments. Now, about half of the States parties have modified the internal legislation to be able to evoke complementarity if the need arises, but also to facilitate cooperation with the Court.”

R E CO R D I N G

O F

T H E

SE SSI O N

© Juan Manuel Herrera/OAS

More than two decades ago, on 17 July 1998, 120 states came together to adopt the Rome Statute, establishing the first permanent and independent international criminal tribunal mandated to end impunity for the most serious crimes, the International Criminal Court (ICC).

Images © ICC-CPI, CICC, Syd Boyd

SESSION II

Ms. Kimberly Prost Chef de Cabinet to the President of the ICC; ICC Judge-elect There are two features of the ICC that distinguish it and make it significant in terms of the international justice framework: That is of course its permanent nature and also the fact that it is premised on the principle of complementarity as a part of a system designed to end impunity…In the long run, the most important way that this institution is able to deter conflicts is if it is seen as a credible and relevant institution in the international criminal justice framework…The focus on arriving at a consistent practice and efficiency is so critically important. We really need to give the Court more time to work on that aspect.”

Assessing the impact of the Rome Statute 20 years out

Mr. Fabricio Guariglia Dr. David Donat Cattin

Director of the Prosecutions Division, ICC

Secretary-General, Parliamentarians for Global Action Having been in Rome, I know for a fact that there would be no ICC without the CICC. There would be no ICC without the massive push from civil society and the outstanding work done by the Coalition. It is the CICC, 20 years later, that provides this forum for us to celebrate and to think critically what has been done and discuss what we can do better in the future.”

The idea that we have a permanent international criminal court is still a fundamental starting point to launch a global campaign for justice, the rule of law, and the fight against impunity with the view that one day those crimes will be and should be prevented. We need to stay optimistic, because there is no alternative to this. It is not about reopening the Statute. It is about maximizing our small and limited resources, being more strategic and going to the offense.”

Ms. Evelyn A. Ankumah Executive Director, Africa Legal Aid

Ms. Lorraine Smith van Lin Yes, we have a reason to celebrate. The impossible has been made possible. The Court has actually been created. It is now fully functioning and various cases have been completed. The crime of aggression is now part of the Rome Statute. At the same time, we have to be honest and realistic.

The Rome Statute system has not yet matured into a fully effective international criminal justice system from which no perpetrator of international crimes can escape…In the first 20 years, the foundations were laid for a system that had the potential to promote international criminal justice. We must continue to build and develop the system that was created in Rome 20 years ago.”

Post-Conflict Justice Adviser, the REDRESS Trust The word victims appear 120 times in the Rules of Procedure and Evidence and 40 times in the Rome Statute. But it is not just a mere symbolic theoretical paper notion. Victims are real people with real needs, and they are expecting of the Rome Statute System that these needs will be met. The question is whether the ICC as we know it has evolved from Rome is able to meet that challenge?”

Mr. Darryl Robinson Professor, Queen’s University, Canada

I do not want to say that criticism is bad, but my concern is that the ICC is drowning in comments which are not fact-based, but instead superficial and contradictory. We are all very passionate about the Court, but we shouldn’t let our own visions take over – the Court should have the space to interpret its own Statute. Instead, we should all try to expose patterns and fallacies, so that we can try to build a healthier conversation around the ICC.”

� H.E. Mr Mauro Politi, Former ICC Judge

COA L IT I O N F O R T H E I CC .O R G

5

C O A L I T I O N C O M M E M O R AT E S T H E 2 0 T H A N N I V E R S A R Y O F T H E I C C T R E AT Y

© CICC

SESSION III

Future of the Rome Statute and the ICC

Delia Chatoor, Former Legal Advisor, MFA Trinidad & Tobago, Rome Conference

Mr. Richard Dicker

E lizabeth Evenson, Associate Director, International Justice Program, Human Rights Watch

Director of the International Justice Program, Human Rights Watch

Mr. Andras Vamos-Goldman

It is essential that the proceedings are expedited, consistent with fair trial guarantees, and needs to be done with an eye to maximize the impact and the meaning of the Court’s work in the communities most affected by crimes... I believe that the Court in a world of shrinking multilateralism has a crucial role to play. The commitment to accountability represented by the Rome Statute and its system of complementarity, stands side by side even with those country situations where the Court has no jurisdiction.”

Executive Director, Justice Rapid Response

The role of the Rome Statute system with the ICC as its pivotal central element is to sustainably establish the rule of international criminal law in the world. That is the reason why we have created the Rome Statute system… and to make it a viable alternative to the rule of violence in correcting past injustices and thus to help the many recurring cycles of violence around the world to come to an end.”

Mr. Klaus Rackwitz Ms. Jennifer Trahan

Director, International Nuremberg Principles Academy

Associate Clinical Professor, Center for Global Affairs, New York University

The Statute exists in the world and nothing will take it away. Even when 100 out of 123 states would withdraw from it, it would still exist. The question is to what extent we are able to implement the Rome Statute and if states are afraid about what they have done in Rome: suddenly, we are actually targeting sitting heads of state. I think this creates a deterrent effect of which many other criminal justice systems can only dream.”

6

C L IC K

TO

WATC H

T H E

If you support the ICC, it is important to know that it cannot do everything. You should also support domestic capacity building. I know there are people that work on domestic capacity building but those that I surveyed and met with me said that this is still not done in a coordinated and systematic way. If we are thinking of the future of the field, 20 years in the future, this still needs to be done.”

R E CO R D I N G

O F

T H E

SE SSI O N

#RomeStatute20 © @NurembergAcadem /LÉROT

Int’l Criminal Court

@IntlCrimCourt

ICC Prosecutor #FatouBensouda # delivers keynote at #NueForum 2018 to commemorate #RomeStatute20: “We must advance a rules-based global order where atrocity crimes as merely politics by other means are no longer tolerated” #justicematters at UN Iceland

@IcelandUN

4:16 PM · Oct 19, 2018

Italy UN New York

@ItalyUN_NY

Celebrating 20th anniversary of the International Criminal Court and the activation of its jurisdiction over the crime of aggression – victims need the ICC more than ever and we share the responsibility of bringing them justice and ending impunity worldwide #RomeStatute20

#today we celebrate the 20th anniversary of the Rome Statute establishing the #InternationalCriminalCourt @IntlCrimCourt: a pillar of the int’l legal order, whose role is crucial to ensure #accountability, protection of #HumanRights & #prevention of conflicts #RomeStatute20

5:45 PM · Jul 17, 2018

3:11 PM · Jul 17, 2018

UN GA President @UN_PGA

n this #InternationalJusticeDay to mark the anniversary of O #RomeStatute20 let’s remember that atrocity crimes usually occur in wartime, if we can prevent conflict, we also have a better chance of preventing atrocity crimes. #Peace72 3:50 PM · Jul 17, 2018

COA L IT I O N F O R T H E I CC .O R G

7

HOW THE WORLD COMMEMORATED

INTERNATIONAL JUSTICE DAY

The 2018 edition of International Justice Day, commemorated on 17 July, was marked by events held around the world in honor of the 20th anniversary of the adoption of the Rome Statute of the ICC.

8

T H E

M O N I TO R

–

I SSU E

4 8

Images © UN GA President María Fernanda Espinosa Garcés, Permanent Mission of Liechtenstein to the UN, Permanent Mission of Norway to the UN in New York

1

1. Assembly of the Event in New York

2

2. Ben Ferencz, last Nuremberg prosecutor, closing remarks at the #RomeStatute20

NEW YORK

H.E. Ms. Aurelia Frick, addressed those in attendance,

In New York, the Coalition for the International Criminal Court (CICC), together with Parliamentarians for Global Action (PGA), were proud civil society co-sponsors, along with the Permanent Missions of Argentina, Austria, Belgium, Costa Rica, Cyprus, the Gambia, the Republic of Korea, Liechtenstein, the Netherlands, Senegal, Slovakia, Slovenia, Switzerland and Uruguay, of the event, “20th anniversary of the Rome Statute: the need for universality and the International Criminal Court’s jurisdiction over the crime of aggression.”

The interactive panel discussion offered a unique high-level platform for States Parties and other international partners to publicly project a strong and compelling narrative about the International Criminal Court’s (ICC) mission in today’s world.

The event, which was well attended by both State and civil society representatives, also marked the activation of the Court’s jurisdiction over the crime of aggression. For the first time since the post-WWII trials in Nuremburg and Tokyo, an international court is able to hold leaders individually criminally responsible for waging aggressive war.

H.E. Ms. Aurelia Frick, Minister of Foreign Affairs of the Principality of Liechtenstein, H.E. Ms. Yoka Brandt, Vice-Minister of Foreign Affairs of the Kingdom of The Netherlands, Mr. James Stewart, Deputy Prosecutor of the International Criminal Court, H.E. Bruno Stagno Ugarte, Deputy Executive Director of Human Rights Watch, and Coalition Convenor, Mr. William Pace served as the five-person panel, before the floor was opened for interventions from States Parties and civil society representatives.

35 State representatives took the floor to voice their unwavering support for international justice and the significant role the Court has played in the global fight against impunity:

“The Rome Statute was adopted, not by consensus, but with an overwhelming majority of the States participating in the vote. It was a unique triumph of multilateral diplomacy, of untiring civil society engagement and of the belief in international law. It was a memorable moment of collective commitment to speak law to power. This is history and a proud memory for many who were able to contribute to it.”

Coalition for the ICC Convenor, Mr. William Pace, pointed out the stark differences between the year of adoption, 1998, and the world where we find ourselves today.

“The political environment and climate in 2018 is much different – we are experiencing unbelievable and dangerous retreats from the post-World War II international legal order – a global security system established after the two worst world wars in all history – killing hundreds of millions of people, destroying scores of nations. Thus, the retreat from historical progressive alliances for peace and cooperation is of utmost importance to this commemoration.”

H.E. Ms. Karen Van Vlierberge, Deputy Permanent Representative of the Kingdom of Belgium to the UN, expressed how the Court is needed now more than ever, “with the alarming proliferation of the gravest crimes around the world and the culture of impunity unfortunately still prevailing in many countries… Justice is today still one of the core elements towards reconciliation and sustaining peace.”

COA L IT I O N F O R T H E I CC .O R G

�

9

H O W T H E W O R L D C O M M E M O R A T E D I N T E R N A T I O N A L J U S T I C E D AY 2

Permanent Representative of Austria to the United Nations, H.E. Mr. Jan Kickert, reflected on another milestone, the activation of the Court’s jurisdiction over the crime of aggression.

“The activation decision, by consensus, on the crime of aggression by the ASP in December 2017 and the exercise of its jurisdiction as of today are undoubtedly a big milestone in the Court’s most recent history. This decision completes the legacy of the Nuremberg trials and we believe that it has the potential to play an important part in the maintenance of international peace and security as a deterrent of war in the future.”

A representative speaking on behalf of the State of Palestine, emphasized that,

3

THE HAGUE In The Hague, the International Criminal Court, in partnership with a number of states, hosted a two-day event on 16 and 17 July, commemorating the 20th anniversary of the Rome Statute, featuring a Mock Trial, a symposium on the “Enduring Value of the Rome Statute to Humanity”, and two interactive sessions on the impact of the judicial process and broadening the fight against impunity.

The event featured high-level representatives of more than 30 States, including the President of the Federal Republic of Nigeria, representatives of national Senates and Parliaments, Ministers of Foreign Affairs and Justice, as well as officials of international and regional organizations, civil society and academia.

“Diplomacy matters, multilateralism matters, international law matters, international justice matters, and at a time where international developments have placed unprecedented constraints on these mechanisms, we need to have greater ambitions, not smaller ones. We need to display strength, not weakness, resolve, not fear.”

Former Nuremberg War Crimes Prosecutor, Mr. Benjamin Ferencz, provided closing remarks focusing on the crime of aggression.

“It’s been a tough fight. We’ve made tremendous progress.

When I began this, I consulted with knowledgeable people and they said, ‘Ben, you’re wasting your time,’... but I did it anyway...and I came up with this slogan. ‘Law, not war.’...It can be done. We can have a peaceful world.”

10

T H E

M O N I TO R

At a Solemn Hearing preceding the high-level Symposium, President of the Federal Republic of Nigeria, H.E. Mr. Muhammadu Buhari, praised a strong and effective ICC which should “send a powerful message about the international community’s commitment to accountability, a message

that will be heard by both victims and perpetrators.”

1 President of the Assembly of State Parties, H.E. Mr. O-Gon Kwon, highlighted the necessity to redouble efforts towards the universality of the Rome Statute, and that in that regard the very important role of the Assembly of States Parties.

2 ICC Prosecutor, Ms. Fatou Bensouda advocated support for the Court, denouncing the attacks and resistances that undermine its work. She called this day as on opportunity to recommit to the Rome Statute to seek justice for atrocities.

3

–

I SSU E

4 8

© ICC-CPI

1

Ms. Laker Joyce Ocen, a trauma specialist from AVSI-Gulu and partner of the TFV, focusing on the example of Northern Uganda, underscored the concrete needs of victims, and on the impact of TFV activities on the ground. She concluded by strongly conveying the need for more extensive outreach to affected communities.

3

In the first segment of the High-Level Symposium, which focused on the “Enduring Value of the Rome Statute to Humanity”, United Nations Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, Mr. Miguel De Serpa Soares highlighted the importance of maintaining ICC issues in high-level international discussions and in particular within the UN framework.

Lorraine Smith van Lin of REDRESS, speaking also on behalf of the Victims’ Rights Working Group (VRWG), focused on the role of victims in ICC proceedings, praising the modernity of the Rome Statute in relation to victims’ participation, while also highlighting the need to translate this into practice into national legal systems. 4

Chair of the Board of Directors of the Trust Fund for Victims (TFV), H.E. Mr. Motoo Noguchi, stressed the importance of the Trust Fund for Victims towards the ultimate success of the Court, and highlighted the difficulties that the Fund faces in fulfilling its mandate.

1

The final segment of the Symposium centered on “Broadening the Fight against Impunity”, which sought to look towards the future of international justice and the ICC.

Chief Charles Taku, President of the International Criminal Court Bar Association, focused on the challenges facing defense before the Court, stressing, however, how the Rome Statute is still a living instrument.

Professor Gerhard Hafner of the University of Vienna, discussed the important relationship between universal ratification and the future of the Court particularly in light of the recent activation of the crime of aggression.

5

Executive Director of Human Rights Watch, Mr. Kenneth Roth, reaffirmed civil society’s commitment to supporting the Court and the fight against impunity, and called upon member states to strengthen their support for the Court, and for those states not parties to the Statute to join the ICC.

The Director of Africa Legal Aid, Ms. Evelyn Ankumah, recalled the challenges the ICC faces in this current era, noting its essential role in ending impunity and establishing criminal justice and the rule of law for generations to come.

The afternoon segment of the Symposium centered around the “Impact of the Judicial Process”, particularly on victims of atrocities.

Ambassador of the Republic of Costa Rica to the Kingdom of the Netherlands, H.E. Mr. Sergio Ugalde touched on complementarity and cooperation, praising the “principles and the aims that we have established together in the framework of the Court” and reflecting on the concept of positive complementarity - the impact of the Court on national jurisdictions.

6

Opening the session, Professor Fausto Pocar of the University of Milan, spoke about the accessibility of the Court, citing the lack of understanding about the ICC and its mandate among victims and affected communities.

2

1

5

3

6

© ICC-CPI

4

2

COA L IT I O N F O R T H E I CC .O R G

11

H O W T H E W O R L D C O M M E M O R A T E D I N T E R N A T I O N A L J U S T I C E D AY 2

© CICC

1

3

REST OF THE WORLD In addition to the events held in New York and The Hague, many other events took place in the days around International Justice Day, organized by States, civil society and other key actors alike: On 18 July, in the Sala della Protomoteca of the City Hall of Rome, the Government of Italy, Parliamentarians for Global Action (PGA), the International Association of Penal Law (AIDP – Italian chapter), and No Peace Without Justice (NPWJ), coorganized a Conference on the 20th Anniversary of the Rome Statute of the International Criminal Court. The conference reunited high-level experts and professionals who thoroughly reflected on the Statute of the ICC and its underlying system, inspired by a shared desire to ‘relaunch it’.

1 While emphasizing the vital importance of the ICC and State action against impunity for crimes under international law, the participants analyzed the main issues directly and indirectly hindering the universality and effectiveness of the Rome Statute system, and proposed ways to overcome them. Various challenges were identified within the ICC, at the level of the States, and at the United Nations Security Council (UNSC).

The Kurdish Organizations Network Coalition for the ICC (KONCICC) organized different events throughout Kurdistan, celebrating the special anniversary and calling on Iraq to ratify the Rome Statute, in an effort to prevent future war crimes against the people of the region.

2&3

12

T H E

M O N I TO R

The Instituto de Investigaciones sobre Derecho Internacional Penal y Humanitario organized a seminar at the Universidad Católica Andrés Bello in Caracas, Venezuela, commemorated the 20th anniversary of the Statute and the activation of the jurisdiction over the crime of aggression.

The seminar, titled “Jormadas en Celebración del XX aniversario del Estatuto de Roma, Día de la Justicia Internacional, Entrada en vigor del crimen de agresión, y el bautizo del libro “Genocidio y otros crímenes atroces,” which featured opening remarks

by Dean Salvador Yanuzzi, included an assessment of the first 20 years of the Statute, a look into the crime of aggression, an analysis of the legal and procedural aspects of Preliminary Examinations, and an assessment of the different elements of the crimes included in the Statute.

Additionally, Professor Fernando Fernandez’ book, Genocide and Other International Crimes (Genocidio y otros Crímenes Atroces) was launched at the seminar.

On 18 July at the National Assembly Complex, the Nigerian Coalition for the International Criminal Court (NCICC) together with the House of Representative Committee on Treaties, Protocol, and Agreements, held a public hearing on a bill for “An Act to provide for the Enforcement and Punishment of Crimes Against Humanity, War Crimes, Genocide And For Other Related Offences”. The aim of the meeting was to get recommendations and contributions from stakeholders to assist the House Committee in producing a report for the third reading and adoption of the bill by the National Assembly.

–

I SSU E

4 8

#RomeStatute20 © France aux Pays-Bas , Switzerland at the United Nations

coalitionfortheicc

SwitzerlandUN

@ngos4justice

@swiss_un

For #RomeStatute20, States should continue to work towards a strong system of international #justice by recalling the political and legal commitment of the govs that approved the treaty 20 years ago 4:25 PM · Mar 28, 2018 2

6

France aux Pays-Bas @FranceinNL

#ICC has made a difference and been a game changer, says Switzerland at 20 year NY event. No lasting peace without accountability. We need to promote universality of Rome Statue. Continue commitment to fight impunity. #RS20 #JusticeMatters http://bit.ly/2BZ8bYL 6:03 PM · Jul 17, 2018

#ICCRomeStatute20 #morejustworld Message of support from the States Parties, the Court and civil society for the fight against impunity and international criminal justice: “With the International Criminal Court, I am fighting against impunity”. #JusticeMatters @IntlCrimCourt 4:29 PM · Jul 17, 2018

Liechtenstein UN @LiechtensteinUN

Thank the eminent @BenFerencz for his inspirational closing remarks at the #RomeStatute20 event today at the #UN. His tireless advocacy helped lead to today’s activation of the #ICC’s jurisdiction over the #crimeofaggression - “law not war” 12:59 AM · Jul 18, 2018 15

35

COA L IT I O N F O R T H E I CC .O R G

13

OUR JOURNEY FOR JUSTICE HERE IS A LOOK AT OUR HISTORY, FIGHTING AGAINST ALL ODDS FOR GLOBAL JUSTICE:

1999

2000

In May, the CICC launches a campaign, calling for worldwide ratification of the Rome Statute.

1,000 organizations become members of the CICC.

2002

1995

On 1 July, the CICC hosts a reception to mark the entry into force of the Rome Statute, which is attended by the then-UN Secretary General, Mr. Kofi Annan.

A group of 25 human rights organization found the Coalition for the International Criminal Court (CICC).

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2004

1997

1999

The CICC encourages governments to call for a diplomatic conference to negotiate the ICC treaty. In consultation with the Like-Minded Governments, the CICC develops the guiding principles for a permanent ICC.

The CICC is nominated for the Nobel Peace Prize for the first time and three other nominations follow in the subsequent years.

1999

1998

In February, Senegal becomes the first State Party to ratify the Rome Statute.

In July, the CICC members takes part in the Rome Diplomatic Conference on the ICC and represent the largest delegation, with nearly 500 participants.

1998 The Rome Statute is adopted on 17 July by an overwhelming majority of 120 countries, creating the treaty establishing the first permanent international court capable of trying individuals accused of genocide, war crimes and crimes against humanity.

14

2003

T H E

M O N I TO R

–

I SSU E

1999 The CICC calls for 17th July to be regarded as the International Justice Day.

4 8

200

2006

2005

2015

In October, Mexico becomes the 100th state to ratify the Rome Statute.

The CICC marks its 20th anniversary.

2011

2018

The CICC launches its elections campaign, calling on states to nominate and elect the most qualified candidates to top positions at the ICC.

On International Justice Day, states and organizations around the world celebrate the 20th anniversary of the Rome Statute of the ICC.

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2010

2014

The first Review Conference is held in Kampala, Uganda, to consider amendments to the Treaty. More than 600 CICC members participate in the Kampala Conference.

In response to the growing misinformation of the ICC in Africa, the CICC’s Africa regional office launches a monthly talk show to promote positive dialogue on international justice.

2017

2018

2019

Images Š UN, ICC-CPI, CICC, Mark Garten, Solal Gaillard, Harrison Davis

05

The Coalition for the International Criminal Court (CICC) led the civil society effort that successfully campaigned for the adoption of the Rome Statute in 1998, which, four years later, resulted in the establishment of the only permanent court to fight for the gravest international crimes, the International Criminal Court (ICC). We are committed to partnering with civil society, to strengthen their voices, advocate for states to ratify the Rome Statute, campaign to strengthen the Court, ensuring it is fair, just and independent, and build a global movement of justice advocates.

2020

2003 The CICC takes on the facilitation of civil society participation at annual sessions of the Assembly of States Parties (ASP).

2012

2003 The ASP elects Mr. Luis Moreno Ocampo of Argentina as the first Chief Prosecutor of the ICC.

COA L IT I O N F O R T H E I CC .O R G

In the historic first ICC trial, Congolese militia leader, Thomas Lubanga, is found guilty of the war crimes of enlisting and conscripting children under the age of 15.

15

REFLECTING ON THE PAST PAST, PRESENT PRESENT, AND FUTURE OF THE ROME STATUTE

By Michelle Reyes Milk Regional Coordinator for the Americas, Coalition for the ICC

16

T H E

M O N I TO R

–

I SSU E

4 8

2018 marked the 20th anniversary of the Rome Statute, which provided an opportunity to both reflect on the significance of its adoption in 1998, and to renew commitment to the Court.

In addition, the anniversary was an important occasion that allowed different actors to take stock of some of the Court´s achievements, some of its missteps, and collectively think of the challenges that remain ahead.

© CICC

The Rome Statute as a cornerstone in the fight against impunity The adoption of the Rome Statute on 17 July 1998 resulted in a key instrument not only for the punishment of heinous crimes, but also for the prevention and deterrence of mass atrocities. Indeed, the goals of fighting against impunity, preventing atrocities, and contributing to a long-lasting peace are the values that inspired the creation of an International Criminal Court (ICC).

© ICC-CPI / Aleksandra Milic

Looking back at the historical conditions that allowed for the adoption of the Rome Statute, one must recognize that the Statute was an incredible achievement of “small and medium democracies”, and that it was the political will of States that allowed this project to succeed. Indeed, the Rome Statute entered into force on 1 July 2002, just four years after its adoption, in spite of a commonly-held belief that it would take many years to achieve, if not altogether blocked by strong opponents.

With regards to the deterrence aspect, the impact of the trial and judgement of Thomas Lubanga Dyilo triggered debates on child recruitment and the release of child soldiers, and the judgement of Ahmad Al Faqi Al Mahdi did the same on the issue of destruction of cultural property, both of which serve as important examples of this capacity. An important study by Human Rights Watch, “Pressure Point: The ICC’s Impact on National Justice”, has also shed light on the role of Preliminary Examinations in promoting national criminal proceedings against those responsible for crimes under the jurisdiction of the Court.

Nevertheless, as Professor Mark Kersten indicated in his book Justice in Conflict, for the ICC to have a true deterrent effect, it must have the effective capacity to conduct an investigation, and States must maintain their strong commitment to the Rome Statute, including abiding with their obligations to cooperate.

Lastly, to fulfill the Rome Statute objective of preventing grave crimes, States should fully implement the Rome Statute within their domestic legal systems; train legal officers and members of Armed Forces and Security Forces; put in place a cooperation system to allow them to not only cooperate with the Court but

(L-R) Pieter de Baan, Executive Director, Secretariat for the Trust Fund for Victims; Mama Koité Doumbia, President, Malian Coalition for the ICC / Board Member of the Trust Fund for Victims.

The Rome Statute is a pivotal instrument in promoting justice as a cornerstone to achieve peace, thus erasing the notion that one must choose between peace or justice.” also with other States (aut dedere aut judicare); and finally, to strengthen the role of civil society.

The adoption of the Rome Statute, twenty years ago, also signified the adoption of an instrument that promotes the rule of law, reflects the values of humanity and protection of human rights and dignity. The establishment of the Trust Fund for Victims (TFV) has played a key role both for victims and for affected communities in general, such as the role the TFV played in the Bemba case through its assistance mandate. Moreover, the Statute also includes key provisions which reflect guiding principles of international criminal law, such as the irrelevance of official capacity and non-applicability of immunities for international crimes (article 27), the non-applicability of statute of limitations (article 29), as well as command responsibility and superior orders (articles 28 and 33, respectively). Finally, the Rome Statute is a pivotal instrument in promoting justice as a cornerstone to achieve peace, thus erasing the notion that one must choose between peace or justice. �

COA L IT I O N F O R T H E I CC .O R G

17

R E F L E C T I N G O N T H E P A S T, P R E S E N T, A N D F U T U R E O F T H E R O M E S T A T U T E

In the Lubanga case, the first judgement of the ICC, the Court made a distinction between the concept of direct participation in hostilities and the notion of “active participation”.

The achievements of the ICC and its positive role

Finally, the Pre-Trial Chamber Decision on Bangladesh/Myanmar regarding the deportation of Rohingya (allowing for the opening of a Preliminary Examination), which clarified that the crime against humanity of deportation has a trans-border element, as well as its continuous nature, also remains a groundbreaking development at the ICC. This characterization resulted in the extension of the scope of the ICC’s jurisdiction, which can be activated when the deportation by nationals of a Non-State Party initiated in the territory of said state is completed in the territory of a State Party to the Statute.

Final reflection: What lies ahead?

First and foremost, the ICC represents the first permanent international criminal tribunal with jurisdiction to try individuals for the commission of crimes against humanity, war crimes, genocide and, recently, the crime of aggression.

To date, the Court has concluded six cases (three guilty, three acquitted), has ongoing procedures in two cases and has issued 34 arrest warrants and nine summons to appear. In addition, there are 11 situations under investigation and 10 ongoing preliminary examinations. The Court’s jurisprudence in this short period of time has provided a mixed balance of results; some important developments were made, for example, in the Lubanga and Al Mahdi cases, but other decisions have been the object of important criticism, like the decision of the PreTrial Chamber to deny the opening of an investigation into the Afghanistan Preliminary Examination under the basis of “interests of justice”, or the decision of the Appeal Chambers to acquit Jean Pierre Bemba upon, inter alia, the review of the elements of command responsibility.

In the Lubanga case, the first judgement of the ICC, the Court made a distinction between the concept of direct participation in hostilities and the notion of “active participation”.

© ICC-CPI

Mali), and reaffirmed the protection of cultural heritage in armed conflict. Furthermore, other landmark decisions include those of the Trial and Appeals Chambers regarding the charges brought against Bosco Ntaganda, as well as the recent decision

by Trial Chamber VI, which found Mr. Ntaganda guilty, all of which affirmed that the prohibition of rape and sexual slavery as a war crime are also applicable when such acts are committed against child soldiers or other members of the armed group by members of the same armed group.

The commemoration around the 20th anniversary not only focused on the achievements and missteps of the last twenty years, but also on how we can improve and strengthen the system to fight against impunity for the next twenty years, including questions on efforts to ensure that States remain within the Rome Statute system and that victims remain at its center.

Notwithstanding the developments aforementioned, the quality behind the reasoning in some of the most controversial decisions have put the spotlight on the quality of ICC judges, the need to nominate and select the very best, which has been underscored by the increased calls for a holistic reform and review process that should go beyond the judges themselves and look at a vast array of aspects behind the Court’s functioning. This opportunity for reflection and renewal should be maximized along with the continuous and ongoing efforts towards promoting and strengthening the collective belief that the values reflected in the Rome Statute are very much worth defending.

In the landmark decision on reparations in the Lubanga case, the Court had a broad approach to the scope of victims and adopted the most extensive forms of reparations possible for the violation of victims’ rights, and also recognized a broad way of implementing them. In addition, the Court established that reparations should aim at the reconciliation of victims with families and communities, should be implemented without discrimination, and should guarantee the preservation of dignity and privacy.

18

T H E

M O N I TO R

© CICC

Other important decisions of the ICC include the judgement on the case against Ahmed Al Faqi Al-Mahdi, the ICC’s first case concerning the destruction of cultural property as a war crime (which included nine mausoleums and one mosque in Timbuktu,

–

I SSU E

4 8

#RomeStatute20 © Human Rights Watch

Lotte Leicht @LotteLeicht1

EU Council Press

@EUCouncilPress

Justice isn’t a ‘moral luxury’, it’s a right! Impunity for atrocity crimes should never be the ‘new normal’!

As the #ICC’s treaty turns 20, hear from students around the world why the court gives them hope &why #JusticeMatters #RomeStatute20 Video: https://youtu.be/ vKeTXvweOjM 3:33 PM · Jul 12, 2018

or #RomeStatute20 F anniversary, @EUCouncil adopted conclusions on the @IntCrimCourt: “At a time when the rulesbased international order is facing increased pressure, the strengthening of its criminal justice system is more important than ever”.

Read: https://bit.ly/30GKMnK 4:29 PM · Jul 16, 2018

Int’l Criminal Court @IntlCrimCourt

20 yrs ago @REDRESSTrust and other NGOS successfully pushed for the incorporation of innovative victim provisions at the ICC, such as enabling victims to participate in proceedings and to claim reparation.

Today and tomorrow we are celebrating #RomeStatute20

#ASP President at #RomeStatute20 event: At this important juncture in its history, #ICC needs our support more than ever. #RomeStatute system can only be as effective+ efficient as we, States Parties, together with the ICC + other stakeholders, make it through our actions and cooperation

9:30 PM · Feb 15, 2018

7:20 PM · Feb 15, 2018

REDRESS

@REDRESSTrust

COA L IT I O N F O R T H E I CC .O R G

19

MEMBERS’ MESSAGES ON THE 20TH ANNIVERSARY OF THE ROME STATUTE We asked some of our members to share their message on the light of the Rome Statute’s anniversary.

Mr. José Guevara Executive Director, Mexican Commission for the Defense and Promotion of Human Rights

“The 20th anniversary of the International Criminal Court offers a unique opportunity to reaffirm our commitment and trust to the impartiality and objectivity of the International Criminal Court to prosecute and try individuals accused of committing the most serious crimes of concern of the international community as a whole.”

Here is what they said:

H.E. Mr. Harry Werveij

Mr. Chino Obiagwu

Ambassador of the Netherlands to Burundi

President, Nigerian national Coalition for the ICC

Dr. Yael Danieli Director, Group Project for Holocaust Survivors & Their Children

“I besiege Member states and compassionate others to do their utmost to master political and cultural will to demonstrate the Court’s importance and imbued hope by regularly budgeting for this beacon of justice, for realizing its victims’ provisions, especially for the Trust Fund and the Court on its 20th Birthday.”

20

C L IC K

TO

WATC H

T H E

ME MB E R S’

ME SSAG E S

Images © Guardian.ng, CICC, Dutch Ministry

“The Court is a very young international institution and I am certain that it will stand the test of time. The work of the Court is done everywhere, in every single parliament, in every singly university, in every singly society, in every single community. The work of the Court and all jurisdictions are being shaped on unanimous alliance, human dignity and protection of human rights.”

“The International Criminal Court is one of the surest ways towards fighting impunity, especially in Africa, because the Rome Statute has provided avenues to victims of atrocious crimes, especially war crimes, crimes against humanity, genocide and recently the crime of aggression. We are committed to fighting against impunity, to call on governments to punish all the perpetrators and to provide redress to the victims of crimes.”

© CICC

Ms. Evelyn B. Serrano

Mr. Gustavo Gallón Executive Director, Colombian Commission of Jurists

Former Asia-Pacific Coordinator, CICC

“As a coordinator for the Asia-Pacific Region, we were involved in the ratification and implementation processes in each country we visited. And despite all the efforts, gains in terms of signatures, ratifications, implementing legislations, Asian judges in the Court, the challenges have remained daunting. But we as civil society have remained hopeful and determined. We look forward to the day when leaders in Asia will face prosecution and be held accountable for the serious crimes that they have committed and when a new generation of leaders will come into power that will be more receptive and supportive of the mandate of the ICC.”

“The Court must continue to strengthen its capacities and affirm its authority in order to become stronger. The contribution that the International Criminal Court has given to the Peace Accord in Colombia has been very important. The opening of a preliminary examination in Columbia, ongoing since 2004, has led to the authorities and the people of Colombia to be more attentive and respectful of the international obligations concerning justice and impunity.”

Mr. Roger Clark Board of Governors, Professor Rutgers School of Law

Mr. Salvador Herencia Human Rights Clinic Director at HRREC, University of Ottawa

“With the adoption of the Rome Statute, there are two strong messages; first, there can be no peace without justice, and second, those who are responsible for international crimes must be held accountable, regardless of the position in the state or an illegal organization.

These two ideas foster legal and institutional change at the national level in Latin America, but also within the international human right system. The situation in the world today is still problematic, but this goal is what drives us to continue to work.”

“One of the features of the ICC negotiations, prior to, at and after the Rome Conference, has been a commitment of small states to the Court. Samoa occupied one of the Vice Presidencies of the Rome Conference, becoming the Coordinator of negotiations on the preamble and the final clauses of the Statute. Ambassador Slade, former Attorney General of Samoa, became one of the first judges on the Court. The Rome Statute is not perfect, but I was proud to be associated with the creation of an institution, which now represents a significant part of the architecture of the international rule of law.”

COA L IT I O N F O R T H E I CC .O R G

21

© CICC

THE ICC AT 20: ALL ROADS LEAD AWAY FROM

© Filippo Monteforte / ANSA

By Matt Cannock Head of Amnesty’s Centre for International Justice

22

T H E

M O N I TO R

–

I SSU E

4 8

© CICC

The adoption of the Rome Statute on 17 July 1998 was the ‘big-bang moment’ that created a permanent ‘system’ of international criminal justice which has since expanded, with its fingerprints now found everywhere in international criminal justice mechanisms and initiatives.

�

was not at the Rome Conference; it does not have the same resonance for me as it does for those who were. I am most interested in what the Rome Statute system will look like at 40 – how can the complex existing and emerging challenges be addressed? What new ideas can strengthen international justice in the future?

Elephants in the Rome Statute Rose-tinted assessments of the ICC’s first 20 years do no favors to those who have to meet unprecedented challenges facing the ICC. The tendency to continue looking back at the ‘success’ of the Rome Conference as a victory for humanity, rather than a vital first step of a long and difficult effort to end impunity, is as pervasive as it is dangerous. Nostalgia softens the blow of honest appraisal, and time used reminiscing is at the expense of time for genuine evaluation and finding urgently needed solutions.

States are retreating from a commitment to human rights, multilateralism and a rules-based international order. We are seeing a resurgence of nationalism and xenophobia, attacks on truth, the rule of law and judicial institutions, a shrinking space for civil society, and an increase in international crimes and impunity.”

We must recognize that honest evaluation or constructive criticism does not harm the ICC as much in the long-run, as avoiding any discussion regarding its inadequate, sometimes flawed and inconsistent efforts to deliver international justice and the woeful lack of support that it is receiving from the states that created it.

20 years since Rome, the ICC should be a robust just, fair and effective institution; well-placed to meet the challenges that will inevitably arise when it investigates allegations of crimes committed by powerful state and non-state actors. It should have sound strategic, policy, and operational foundations, which have

Kofi Annan & William Pace at the Rome Conference, 1998

Ordinary people, communities, victims of war and mass human rights violations are organizing in greater numbers – including through new technologies – to demand justice for crimes under international law, often in the face of grave repression and at great personal risk.” been tried and tested over the Court’s first 16 years. It should have the unwavering support of its 122 States Parties committed to ending impunity. The overriding feeling is that – on all of these points – the Court is falling short.

The ICC and supporters of international justice can only move forward if we confront these realities and find a ‘safe space’ to discuss and address these most pressing issues.

We don’t protest, we demand We are often told ‘the Statute would not be adopted now’, which is a fair reflection of where we are, rather than a positive statement. States are retreating from a commitment to human rights, multilateralism and a rules-based international order. We are seeing a resurgence of nationalism and xenophobia, attacks on truth, the rule of law and judicial institutions, a shrinking space for civil society, and an increase in international crimes and impunity. All of these (to say the least) cause major threats to the international justice project and the reality of implementing the Rome Statute in this environment is complex and the challenges appear overwhelming. But – almost conversely – as the challenges and push-back increase, so demands on the ICC and the system of international justice are going up – not down.

Ordinary people, communities, victims of war and mass human rights violations are organizing in greater numbers – including through new technologies – to demand justice for crimes under international law, often in the face of grave repression and at great personal risk. The ICC and states parties would do well to pay attention to these movements of protest and collective

COA L IT I O N F O R T H E I CC .O R G

23

�

T H E I C C A T 2 0 : A L L R O A D S L E A D A W AY F R O M R O M E © ICC

Over 2,000 people visited the 2018 International Criminal Court Open Day, including many children, teenagers and young adults - showing young people do have a strong interest in international criminal justice.

The ‘Post-Rome Generation’ At this 20th anniversary we need to re-invigorate an inclusive ‘post-Rome generation’ of young, forward looking and motivated activists, prosecutors, investigators, jurists, diplomats and academics.

States should strengthen and cooperate with the Court because people demand it.

action – and the hope they place in international justice – to ensure that it is relevant. The power of these movements should be harnessed towards meeting the challenges facing the Court; challenges which have the same underlying rationales as those being met by ordinary citizens all over the world.

These voices of protest demand the ICC to do better and pressure governments to meet their international justice obligations. As my colleagues at Journalists for Justice argue, we need ‘more robust engagement by victims and victims’ organizations, placing greater pressure on the court and its organs to account for their existence’.

States should strengthen and cooperate with the Court because ordinary people demand it. Similarly, withdrawals from the Court should be fiercely opposed because they remove the protections of the ICC and take away the chance for ordinary citizens to gain truth, justice and reparations. Universality of the Rome statute should also not be forgotten – and we must continue to urge powerful states to join the Rome Statute because it is what their citizens increasingly want.

24

T H E

M O N I TO R

Young people should be mobilized to fight for international criminal justice. New heads can offer fresh ideas, and we should welcome younger – even iconoclastic – thinkers who are more willing to offer critical thinking to meet the existential challenges facing the ICC. The Post-Rome generation also needs to be more geographically representative – reflecting voices and views of people and organizations in particular from the global south. Last, but certainly not least, the Post-Rome generation needs to put great store into ensuring that women’s voices aren’t just heard, but are leading the movement. Women are powerful actors in their communities and nations and the quality of justice for everyone improves when women are not only consumers of justice, but also justice providers.

From the ICC to the Rome Statute System I will conclude by posing a fundamental question to the PostRome generation: do we need to start thinking more in terms of the system than the institution? If the ‘knock-on’ effect of states enacting Rome Statute laws and obligations domestically is the biggest success of Rome, how can new generations ensure national governments fulfil their obligations to investigate and prosecute crimes under international law rather than merely legislate them?

My hope is that in 20 years’ time the discussions surrounding the ICC@40 will be more focused on the Rome Statute system than the ICC institution – that is not to say that I hope that the Court will be in any way less important or diminished, but if we want to meet the demands for international justice, we have to harness the Rome Statute as completely as we can.

–

I SSU E

4 8

#RomeStatute20 © Permanent Mission of Norway to the UN

Human Rights Watch @hrw

‘We urge the global community that supported the #ICC’s creation to work together with court officials to ensure that the ICC and its fights against impunity are strengthened by adversity, not diminished.’ https://www.hrw.org/ news/2018/07/11/ ensuring-icc-riseschallenge #RomeStatute20 #JusticeMatters

NorwayUN @NorwayUN

Justice has been achieved for many victims and will be achieved for many more. 20 yrs since the @IntlCrimCourt was established!

The court is supported by TwoThirds of the world’s countries #morejustworld #RomeStatute20 #ICCRomeStatute20 5:59 PM · Jul 17, 2018

10:35 AM · Jul 17, 2018

Emma Bonino @emmabonino

Twenty years later, we continue to believe there must be no safe haven for war criminals anywhere and that nobody should feel they are able to commit these terrible crimes with impunity #RomeStatute20 #InternationalJusticeDay http://www.npwj.org/ node/15359 11:11 PM · Jul 17, 2018

SwedenUN @SwedenUN

The RomeStatute20 anniversary reminds us that 123 states have agreed that crimes incl. genocide & crimes against humanity threatens peace & security & that perpetrators of these crimes must be held accountable. has since the beginning been a strong supporter of the ICC. 5:59 PM · Jul 17, 2018

COA L IT I O N F O R T H E I CC .O R G

25

HOPE FOR THE ROME

STATUTE Twenty years have passed since the adoption of the Rome Statute of the ICC, but what does the future look like for the international justice system? Current and former officials of international organizations share their views and hopes for the Rome Statute system:

“In our time, we face advances in weapons technology, the growing scarcity of resources, overpopulation, the growth of nationalism and populism and climate change. These developments help explain the growing number of wars and especially civil wars.

So too, the horrendous number of civilian deaths and injuries. We owe it to the victims of war crimes that their victimhood should not be ignored and that justice on their behalf should be pursued. The hope that at least in some cases criminal justice might act as a deterrent should not be left out of account.”

TO

“At some point this year, someone will inevitably ask whether the ICC will be around in another 20 years. But the aims of international justice should not be limited to the mere survival of its institutions. The more immediate question is whether the ICC will be the just, fair and effective Court that was dreamed of in Rome. This is still well within reach if the Office of the Prosecutor is more ambitious and consistent in its efforts to bring those responsible for the worst abuses of power to justice and if the Court is willing to fight for the support that it requires.”

Former Legal Advisor for the Federal Department of Foreign Affairs of Switzerland Chairman of the International Law Commission

“We must continue to strengthen and improve what was achieved in Rome. Our common humanitarian action must continue in other fields, such as the status of nuclear weapons. Today the chances of success may seem to be minimal, but remember that the same was true twenty or even thirty years ago, when the chances for introducing sanctions for international crimes were or seemed non-existent.”

D OW N LOA D

STAT E ME N TS

Images © CICC, Graduate Institute Geneva

Former Chief Prosecutor for the International Criminal Tribunal for the former Yugoslavia and Rwanda and Chair of the Advisory Board of the Coalition for the ICC

C L IC K

Legal Adviser, Amnesty International

Professor Lucius Caflisch

Justice Richard Goldstone

26

Mr. Jonathan O’Donohue

Images © UN, ICC-CPI

Mr. António Guterres UN Secretary-General

“The anniversary offers an opportunity to reflect on the importance of justice in maintaining international peace and security and defending international human rights.

Only when perpetrators of grave crimes are prosecuted and held to account can there be any hope that future atrocities will be prevented and peace preserved. People across the world have placed their hopes in the Court and we must all do our utmost to enable the Court to do perform its vital work.

I wish to reaffirm the ICC-UN Relationship Agreement as a foundation; the Court can count on the support of the United Nations.”

Ms. Navi Pillay Former Judge of the ICC and of ICT for Rwanda

“This momentous anniversary, the 20th of the Rome Statute, marks an important time for us to contemplate all that has been accomplished in the fight against impunity for serious international crimes in these 20 years and also all that remains to be achieved. The Rome Statute of the International Criminal Court is the greatest single advance in the project of international criminal justice. Since it came into force, it has inspired lawyers and human rights advocates in all corners of the world. The core definitions of crimes within the Rome Statute have been essentially copied and pasted within the Statutes of the various hybrid courts. The Rome Statute resonates far beyond the walls of the ICC. It is a global standard for which we should be proud.”

Judge Silvia Fernández de Gurmendi Former ICC President

“We all know that we are entering a more turbulent world, of rising nationalism and intolerance, in which the international movement for accountability, human rights and the rule of law will need to resist the risk of serious pushback. Multilateralism, which made this Court possible, is under threat. In the next 20 years, we don’t have to create a new institution but we must together protect the independence of the Court and cooperate fully with its activities so that it can investigate, arrest, and deliver high quality justice. In order to be an effective and credible back-up, the Court needs to be able to step in in all situations of crimes in an equal and nondiscriminatory manner. International justice cannot be selective. Our global Court needs to become universal.”

C L IC K

TO

WATC H

V I D E O

27

© Adam Jones, Ph.D./Global Photo Archive/Wikimedia Commons

It’s been a tough fight. We’ve made tremendous progress.

When I began this, I consulted with knowledgeable people and they said, ‘Ben, you’re wasting your time,’... but I did it anyway...and I came up with this slogan. ‘Law, not war.’...

It can be done. We can have a peaceful world.”

– Former Nuremberg War Crimes Prosecutor, Mr. Benjamin Ferencz 28

T H E

M O N I TO R

–

I SSU E

4 8

We will continue our fight for global justice for war crimes, crimes against humanity and genocide.

BELGIUM • PERU • THE NETHERLANDS • USA

www.coalitionfortheicc.org