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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(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

As the snow descends on Washington DC and the Federal Government enters its third consecutive day closed, events continue to unfold at the International Criminal Court in The Hague, The Netherlands. On Monday, February 8, 2010, Pre-Trial Chamber I of the International Criminal Court, composed of three judges, issued a decision declining to confirm the charges in the case of The Prosecutor v. Bahar Idriss Abu Garda.

Abu Garda was charged with violence to life, intentionally directing attacks against personnel, installations, material, units and vehicles involved in a peacekeeping mission, and pillaging, allegedly committed during an attack carried out on 29 September 2007, against the African Union Mission in Sudan (“AMIS”), a peace-keeping mission stationed in North Darfur. Abu Garda appeared voluntarily in front of the International Criminal Court. The Chamber was not satisfied that therewas sufficient evidence to establish substantial grounds to believe that Abu Garda could be held criminally responsible either as a direct or as an indirect co-perpetrator for the commission of the crimes with which he was charged by the Prosecution. The Office of the Prosecutor will have an opportunity to repeal the decision.

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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 (February 3rd 2010) the Appeals Chamber of the International Criminal Court unanimously reversed ICC Pre-Trial Chamber I’s decision of March 2009 which excluded the charge of genocide on the arrest warrant for President Omar al-Bashir.  The decision was based on the grounds that the judges had set the standard of proof too high for the Pre-Trial stage. The Appeals Chamber remanded the decision to the Pre-Trial Chamber to decide, based on the correct standard of proof, whether a warrant of arrest should be extended to cover the crime of genocide.

In 1989 Omar Al-Bashir came to power in a military coup. Throughout his presidency, there have been several violent struggles between the Janjaweed militia and rebel groups such as the Sudan People's Liberation Army (SPLA), Sudanese Liberation Army (SLA) and the Justice and Equality Movement (JEM) in the form of guerilla warfare in the Darfur region. Since 2003 violent conflict in Darfur has resulted in 2.5 million people reportedly being displaced and death tolls estimated at between 200,000 and 400,000.

Don Kraus, Chief Executive Officer of Citizens for Global Solutions stated:

“Today’s ruling by the International Criminal Court (ICC) judges demonstrates the wheels of international justice at work.  We are now one step closer to holding accused war criminal Omar Al-Bashir in front of the world’s premier court for trying perpetrators of mass atrocities. Adding a charge of genocide to Al-Bashir’s arrest warrant, would be a first for the ICC and for a sitting head of state. This charge would add to the equally grave charges Al-Bashir faces of Crimes against Humanity and War Crime, including murder, extermination and rape.… President Al-Bashir is still evading arrest, despite the grave charges against him and still presides over a government that is harboring a fugitive from the law.  Each day that Al-Bashir is free from remand is another win for impunity for the world’s most egregious crimes.”

With this decision, the issue of genocide is once again in the spotlight.  Citizens for Global Solutions has worked on the issue of genocide prevention and the importance of engaging internationally to help prevent circumstances like those that occurred in Darfur.  The focus of this year’s annual meeting, to be held May 19-22, 2010, is on the United Nations and measures for the prevention of genocide.  Activists, scholars and Citizens for Global Solutions members from across the country will be convening in Washington, D.C. to participate in a Model UN simulation, with additional opportunities to lobby members of Congress and hear from experts in the field.

Join us at the 2010 Annual Meeting & Model United Nations: May 19-22, 2010

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Tomorrow (Wednesday February 3rd) the Appeals Chamber of the International Criminal Court (ICC) will determine whether the standard of proof used by Pre-Trial Chamber I to examine the Prosecutor’s evidence on genocide was correct in the case of Sudan’s President, Omar al Bashir. 

On March 31st, 2005, the United Nations Security Council referred the situation in Darfur to the Prosecutor of the ICC. On July 14th, 2008, the prosecution filed an application for an arrest warrant for Bashir.  The prosecution, based on the evidence collected, alleged that three types of crimes had been committed: genocide, crimes against humanity or war crimes.  

On March 4th, 2009, Pre-Trial Chamber I decided that the material provided by the Prosecutor failed to provide reasonable grounds to believe that Bashir had the specific intent to commit genocide. Consequently, the crime of genocide was not included in the warrant issued.  Pre-Trial Chamber I issued an arrest warrant for Bashir on five count of crimes against humanity and two counts of war crimes, including murder, extermination and rape. Judge Ušacka, one of the three judges, dissented, saying that it is only at the trial phase that it is necessary to present evidence that allows the Court to reach a conclusion beyond a reasonable doubt.  She argued, additionally, that genocide should have been among the charges included.

On July 6th, 2009, the Prosecutor appealed the decision, submitting that, according to article 58 of the Rome Statute, judges are only required to affirm that there is “reasonable evidence” that an individual committed a certain crime for the issuance of an arrest warrant.  

Check back on this blog tomorrow for a summary of the decision.

Throughout the proceedings Sudan has refuses to cooperate with the ICC and has stated that it will not hand Bashir over to the Court.

At a Washington Foreign Press Center briefing in January 2010, U.S. Special Envoy to Sudan, Scott Gration stated:
“[W]e believe that any solution in Sudan, especially in Darfur, where there were mass atrocities and people need to have restitution and justice, we believe that any long-term solution will have to have accountability and will have to have a component of justice. The details are still being worked out. President Mbeki and the high-level panel have proposed some options of courts and hybrid courts, and we support the ICC and have urged the Sudanese to put forth the information that the ICC is requesting....”

CLICK HERE for a broadcast of the judgment on the ICC website:

On January 20th, 2010, Ms Silvia Fernández de Gurmendi of Argentina and Ms Kuniko Ozaki of Japan will make a solemn undertaking in open court in The Hague to exercise their functions impartially and conscientiously. Later in the day a plenary will be held in which the new judges will be assigned to the judicial divisions. 

The International Criminal Court, The Hague

After the passing of Judge Fumiko Saiga of Japan and the resignation of Mr. Mohamed Shahabuddeen, the Assembly of States Parties to the Rome Statute (ASP) held elections to fill the judicial vacancies during the ASP’s eighth session.

The eighth session of the ASP, which met in November of last year, was the first ICC meeting attended by the US since September 2001.  State Department Legal Adviser Harold Koh and Ambassador-at-Large for War Crimes Issues Stephen Rapp led the US delegation.

CLICK HERE to view the live broadcast of the ceremony from the ICC website.  (Video clips of the ceremony will also be available on the ICC website from 1:30 p.m. tomorrow.)

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