Next week the resumed 8th session of the ICC’s Assembly of States Parties (ASP) meeting will begin.  Each State Party has one representative in the ASP, the ICC’s governing body.  So far 110 States have ratified the Rome Statute.  Out of them 30 are African States, 14  are Asian States, 17 are from Eastern Europe 24 are from Latin American and Caribbean States, and 25 are from Western European and other States. The U.S. is not States Parties but, due to the US signature on the Final Act of the Rome Conference, US representatives may attend ASP meetings as observers.

CGS will have an observer at the meetings who will keep us updated throughout the week.  Check back for “Courtside” CGS’s International Criminal Court blog that will be up and running soon!   

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The International Criminal Court (ICC) trial of Jean-Pierre Bemba Gombo was due to start on April 27, however, the ICC announced that the trial has been postponed until July 5.  On April 27 the ICC will hold a status conference to discuss the admissibility challenge brought by the Defense for Bemba.

Jean-Pierre Bemba Gombo grew up in Belgium and the Democratic Republic of Congo (DRC). Bemba became leader of the DRC's Mouvement de Libération du Congo (MLC).  In 2002, President Ange-Felix Patasse of the Central African Republic (CAR) requested help from the MLC to put down a coup attempt.  The MLC allegedly used systematic rape and torture against local populations to suppress political opposition in the CAR. More than 15% of the women in northern CAR are estimated to have experienced some form of gender based violence and many girls were exposed to HIV. Reports from the area show the extent of the damage that was inflicted by the MLC on the population and are highly disturbing to read. As leader of the MLC, Bemba is charged with five counts of crimes against humanity and war crimes including charges of rape and torture.  

On May 24, 2008, Bemba was arrested at his home in Belgium. Belgian authorities, in accordance with the ICC arrest warrant, transferred him to the ICC Detention Centre in The Hague on July 3, 2008 where he remains in ICC custody.

To learn more about Bemba see Citizens for Global Solution’s interactive ICC flash module

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Ann Lewis, a director of communications for President Clinton, and Susan Molinari, former Republican Congresswoman for New York, wrote that "investment in women and girls’ education and empowerment is increasingly recognized as a linch-pin to advancing social, economic and political progress in most poor countries... Girls with just one year of formal education are less likely to suffer from illness or hunger...and their children are less likely to die in infancy." This reasoning was implemented in Pakistan where the U.S. supported education in the country towards a goal of addressing illiteracy.  The U.S. stated that this formed part of efforts to stabilize Pakistan and to weaken the influence of Al Qaeda and the Taliban; arguing that nations that are stable and democratic are far less likely to engage in war or host terrorist organizations. Thus, it has been argued that supporting women and girls through agricultural development and improvements health-care is a worthwhile investment.  Indeed, there is broad bipartisan support in the idea that investing in programs that build healthy, educated societies are a big part of making the U.S. and the world safer.  

Secretary of State Hillary Clinton in her speech today referred to U.S. policy towards women: "Today, the United States is making women a cornerstone of foreign policy because we think it’s the right thing to do, but we also believe it’s the smart thing to do as well. Investing in the potential of the world’s women and girls is one of the surest ways to achieve global economic progress, political stability, and greater prosperity for women — and men — the world over."

Dana Perino, a former White House press secretary noted the grave problems that need to be dealt with around the globe: "One in every 22 African mothers dies in child-birth, more than 200 times the rate in the U.S.  In Sierra Leone, it’s 1 in 8." Nonetheless, Perino wrote that she continues to work with organizations aimed at improving the lives of women and has seen the influence that they have already had: "I have seen our aid money is being well-spent.  They stretch every dollar, spending in innovative ways…Together, we can pool our power to connect, take action and help shape a better, more profitable future."

Women's issues can be approached from many angles, the Convenor of the  Coalition for the International Criminal Court, William R. Pace, recalled the importance of the Rome Statute as a powerful instrument for preventing immunity for crimes committed against women: "The Rome Statute’s provisions by targeting sexual crimes represent a historic advance for international justice: the Statute is one of the first international treaties to extensively address gender-based crimes as crimes against humanity, war crimes, and in some instances, genocide...Countries are strongly encouraged to bring their national laws in line with the standards enshrined in the Rome Statute, both in terms of criminalizing the serious crimes contained in the Statute and by assuring that laws make full cooperation with the Court possible."

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The post-election violence killed more than 1,000 people and left over 300,000 people displaced.

ICC Prosecutor Luis Moreno-Ocampo today named 20 people that he alleges are most responsible for the deadly post-election violence which swept Kenya in December 2007 and January 2008.

Following a request for additional information from the ICC judges last month, the Prosecutor, in a confidential list, identified senior political and business leaders who allegedly organized, enticed and/or financed attacks against the civilian population on account of their perceived ethnic and/or political affiliation pursuant to or on furtherance of a State and/or organizational policy.

At the time of the violence the PNU was in the government and the ODM was the main opposition party.  The Prosecutor stated:  "These senior leaders from both PNU and ODM parties were guided by political objectives to retain or gain power." The names were identified after several inquiries were conducted. Among the evidence examined by Prosecutor Moreno-Ocampo was sealed materials submitted former Secretary-General Kofi Annan in early 2009.  Prosecutor Moreno-Ocampo told the pre-trial chamber today that, in line with the ICC’s complementarity principle, none of the 20 people he named have faced justice in Kenya for the crimes.

The Prosecutor added that: "At this stage, the names are indicative only” said the Prosecutor. “The allegations concerning the named individuals will have to be measured against the evidence gathered independently by my office. If the Judges authorize the investigation, I will engage those who wish to clarify their role or provide further information."

Kenya signed the ICC’s Rome Statute in 2005 and many people in Kenya support ICC intervention as a way to prevent violence during the next election and break years of political impunity in the country.

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(February 24, 2010) This morning Stephen Rapp, Ambassador-at-Large for War Crimes Issues, spoke to the Washington Working Group on the International Criminal Court.  Rapp addressed the current status of the U.S. relationship with the International Criminal Court and his experiences at the Assembly of States Parties meeting in November of 2009.  Over twenty-five NGOs attended representing a cross-section and important representation of the NGO ICC-support community in Washington DC.

Ambassador Rapp spoke positively about the International Criminal Court (ICC).  He referred to the situations in Darfur, Uganda and the Democratic Republic of Congo to emphasize that, far from ‘grey’ area cases, the ICC has only become involved in cases concerning atrocity crimes that shock the human conscience.  Rapp explained that it is because of the gravity of the cases before the ICC that the US hopes to help ensure the work of the ICC is done effectively.  Throughout the discussions,  Ambassador Rapp drew from his past experience as a prosecution attorney at the International Criminal Tribunal for Rwanda, and more recently as chief prosecutor at the Special Court for Sierra Leone.  

The Working Group had constructive discussions on key issues relating to US policy with Ambassador Rapp; ranging from the crime of aggression to recent US commitment to helping protect ICC witnesses in Kenya.   Rapp also spoke of a current review into US legislative compatibility in aiding the ICC.   

For many, the highlight of the meeting came as Ambassador Rapp confirmed that Obama administration representatives will be attending the March resumed Assembly of States Parties meeting in New York and that they intend to participate in the Review Conference this June in Kampala, Uganda.

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As part of an on-going ICC preliminary investivation, Fatou Bensouda, Deputy Prosecutor of the International Criminal Court (ICC), arrived in Conakry, the capital of Guinea, last Wednesday (February 17, 2010).  Upon arrival Bensouda said: "The aim of our visit is to observe what has been done about the painful events of September 28 2009 here in Conakry so that justice should be done to the victims." Bensouda visited the Conakry stadium where national security forces have been accused of killing of more than 150 people at an opposition rally.  A United Nations report said that in addition to the deaths, 1,200 people were injured and hundreds of girls and women were raped. Guinea's military junta reported 63 deaths.

Guinea has been a State Party to the Rome Statute since July 14, 2003. As such, the ICC has jurisdiction over war crimes, crimes against humanity or genocide possibly committed in the territory of Guinea or by nationals of Guinea. In October 2009, the ICC said the situation in Guinea was under preliminary examination.  In preliminary investigations the Office of the Prosecutor considers whether the alleged crimes fall within the ICC’s jurisdiction and whether the facts warrant further involvement.  Beatrice Le Fraper, the Special Adviser to the Prosecutor of the Court, has said that before a full-scale investigation the ICC will examine the nature and gravity of the crimes, the interests of justice in general and whether Guinea is unwilling or unable to try individuals accused of serious violations.  Guinea’s prime minister, Jean Marie Dore told reporters that the "judiciary is a problem in Guinea, the way it is organised, the training of the magistrates and some of their behaviour presents problems between the Guinean authorities and their internal and external partners."

During her time in Guinea, Bensouda met with Guinea's interim President, General Sekouba Konate, as well as Guinea’s transitional Prime Minister, Justice Minister, cabinet ministers, judges and representatives of victims' groups. Beatrice le Fraper told reporters that "[c]ooperation is good… Guinean authorities were not obliged to show us the places where potential crimes were committed but they have been transparent."

A United Nations report said Moussa Dadis Camara, the junta chief at the time, and his aides bore "direct criminal responsibility" for the massacre. In the weeks after the killings, Camara was shot and seriously wounded by an aide. He is now allegedly in exile in Burkina Faso.

Bensouda stated: "If the Guinean authorities are not seen to be doing something... [then] the ICC will do it…The bottom line is that there will not be impunity. The victims of these crimes will have justice one way or another."

After her three days in Guinea, Bensouda spoke of "atrocious crimes" committed in the Conakry stadium, adding "men in uniform attacked civilians, they killed and wounded…In full daylight they mistreated, violated and submitted women to unprecedented sexual violence."

Bensouda concluded: "As the deputy prosecutor of the ICC, I have gathered from this visit the feeling that crimes against humanity were committed… On the basis of the information that we have received from this visit, we will pursue our preliminary investigation." She added that "These few days working in Guinea confirmed that Guinean institutions and the ICC can work in a complementary way: either Guinean authorities can prosecute the main people in charge themselves, or they will turn to the court to do it."

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On February 11, 2010 U.S. Ambassador-at-Large for War Crimes Issues, Stephen Rapp, stated that the United States would assist in protecting witnesses that testify in International Criminal Court (ICC) proceedings.   The ICC is carrying out preliminary examinations into the 2007-2008 post-election violence in Kenya. ICC judges are currently in the process of deciding whether Prosecutor Luis Moreno-Ocampo can proceed with an investigation into the violence that killed more than 1,000 people and left over 300,000 people displaced. As an ICC State Party, Kenya would be obliged to arrest any citizen indicted by the Court.

Ambassador Stephen Rapp

According to the Kenya National Commission on Human Rights more than 20 witnesses who testified during the 2008 government-led investigation into the violence went into hiding or exile after receiving death threats.  Ambassador Rapp underlined a holistic approach to protecting witnesses: “The reform agenda, in particular in regard to police and the judiciary, [is] critical. Without that, you won’t have the confidence of witnesses to come forward.”

A further criminal justice issue in Kenya surrounds Felicien Kabuga. Kabuga is a fugitive who owned a Rwandan radio station which urged ethnic Hutu to kill ethnic Tutsi during the Rwandan genocide.  The prosecutors at the International Criminal Tribunal on Rwanda have said that Kenyan officials have not done enough to assist in capturing him.   Ambassador Rapp told reporters in Nairobi: “I'm here to convey the message that the level of cooperation has to dramatically improve … There is no question that Felicien Kabuga has been in Kenya.”

Ambassador Rapp emphasized the importance of bringing perpetrators of grave violence to justice: “If there is not accountability for the violence of 2007, 2008, when the election cycle returns in 2012 it could happen again, and it could be worse…The blood of Kenyans would be spilled, the hopes for the future would be dashed, and it would affect the entire region.”



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See Citizens for Global Solution’s interactive ICC flash module

ICC Emblem

The presentation highlights the activities of the ICC, specifically focusing upon the individuals who are presently indicted by the court.  The purpose of the interactive presentation is to demonstrate that the ICC is currently active in pursuing war criminals.  The Rome Statute, which is the legislation that created the ICC, defines the types of crimes that individuals can be charged for: genocide, crimes against humanity, war crimes, and the crime of aggression.  Many opponents have claimed that the ICC will target the actions of U.S. soldiers.  With this interactive module, Citizens for Global Solutions hopes to deflate that notion by demonstrating that the court is taking aggressive measures against individuals who have allegedly committed atrocious crimes throughout the world.

“The ICC’s Most Wanted” provides summary information for the individuals who are currently being indicted for the terrible crimes they have committed.  The module also shines spotlights on four regions that have experienced significant turmoil: Sudan, Uganda, Congo, and the Central African Republic.  In each country’s section, it describes the details and circumstances for each of the individuals currently being pursued by the court.  The Sudan, for example, describes the crimes committed by Omar al-Bashir, Ahmed Haroun, Bahr Idriss Abu Garda, and Ali Kushayb.

The interactive tool is a great first introduction to the activities of the International Criminal Court.  It is important to emphasize, however, that the nature of the crimes is quite disturbing.  You can explore the module and all it has to offer HERE.

Last night I had the pleasure of participation in a presentation at the Council on Foreign Relations given by Luis Moreno-Ocampo, the Prosecutor of the International Criminal Court.  As conveyors’ of the Washington Working Group on the ICC we had helped him set up a few meetings on the Hill.  Our Program Coordinator, Abby Long helped out tremendously in this effort. 

My friend Mark Goldberg at the UN Dispatch wrote an excellent piece on Ocampo’s key points.

I want to emphasize two points that Mark mentioned and one that he didn’t:

First, the true relevance of the Court is its global impact. Ocampo said that:

“Even before any ruling in the Lubanga case, the issue of child recruitment gained new momentum, triggered debates in remote countries like Colombia or Sri Lanka and child soldiers were released in Nepal. The Special representative of the UN Secretary-General on children in armed conflicts immediately factored in such potential and used us as a tool to campaign around the world, and secure even more releases.” This is an example of how the Court can help to prevent crimes.  While the ICC will only deal with a few cases, its “shadow” extends far beyond them and the 110 nations that are Parties to the Rome Statute.

Second, political leaders sought by the ICC, such as Sudanese President Al-Bashir, are increasingly being shunned by other leaders and nations.  According to Ocampo:

“President Al Bashir became a fugitive; he cannot travel to States Parties of the Statute. He looks for political protection in the African Union and in his party, the NCP. South Africa informed President Bashir that he was invited to the inauguration ceremony of President Zuma, but that he would be arrested upon entry into the country. Uganda, Nigeria and Venezuela did the same. President Lula from Brazil and President Kirchner from Argentina refused to approach President Bashir in an Arab-South America summit. President Sarkozy has taken the unprecedented decision to cancel a French-African summit rather than run the risk of meeting with him in a corridor. Turkey has ensured that he cancels his appearance to a meeting of the Organization of the Islamic Conference in Ankara. In the Guinea case, Morocco refused to keep on its territory President Dadis Camara. It did not want to harbor a possible ICC suspect. Burkina Faso’s President Blaise Compaore contacted the ICC to ascertain there was no arrest warrant before accepting to host Dadis Camara.”

Finally, during the question and answer session, Ocampo was asked a few questions regarding immunity for national leaders, particularly in terms of negotiating peace agreement.  His response was quite clear.  His job as a prosecutor is to uphold the law. National leaders can no longer act with impunity and hide behind their national sovereignty.  It’s about time.

If you like to find out more about the crimes committed by world’s worst criminals that are being tried by or wanted by the ICC, check out our new flash tool.

Don Kraus

Today, U.S. Ambassador to the U.N., Rosemary A. DiCarlo, made a statement expressing concern over the tragic conflict in Darfur. Significantly, she conveyed the importance of resolving the issue through the lens of the International Criminal Court and its crucial role in ending impunity for heinous crimes such as those committed in Sudan.

DiCarlo emphasized the Sudanese government’s non-cooperation with the ICC. U.N. Security Council Resolution 1593 referred the Darfur situation to the ICC, providing the court with jurisdiction in the area. Since the resolution was adopted under Chapter VII of the U.N. Charter, it is binding an all U.N. members regardless of whether they are State Parties of the ICC, which neither the U.S. nor Sudan are. DiCarlo lamented Sudanese non-cooperation despite this resolution, and noted the government’s responsibility in prolonging the conflict by killing civilians and impeding the improvement of the humanitarian situation.

Most importantly, DiCarlo recognized that the ICC’s greatest value lies in its being the only permanent international institution capable of bringing to justice the leaders of mass atrocities around the world, such as that in Darfur. She said, “we believe that the ICC's prosecution of the key architects of the conflict in Darfur remains critical, "and added: “Those responsible for these atrocities must be held accountable.”

Finally, DiCarlo reiterated the U.S.’s newly initiated engagement with the ICC, noting that the U.S. participated for the first time in the Assembly of States Parties to the Rome Statute as an observer- a move that Citizens for Global Solutions welcomes and has strongly advocated. DiCarlo said: “This decision reflected the U.S. commitment to engage with the international community on issues that affect our foreign policy interests. Ending impunity for crimes against humanity—including crimes on the staggering scale of those committed in Darfur—ranks high among our commitments. The United States will therefore continue to be supportive of the ICC’s prosecution of these cases, to the extent consistent with U.S. domestic law.”

The U.S.’ acknowledgement of the ICC’s importance and the re-opening of U.S. engagement with the court after former President Bush shut it down are extremely vital developments. The Obama Administration is on the right track here.

Next step: ratify the Rome Statute and become a member of the ICC.

Read DiCarlo’s full statement here

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