Originally published on the CGS blog on November 27, 2013.
One of the major struggles that criminal justice systems all over the world face is achieving equal application of the law and successfully prosecuting crimes of the powerful. Another is going beyond the mere processing of cases and adequately addressing the rights of victims. Both of these issues come into play at the Assembly of State Parties (ASP), which is currently meeting in The Hague for its 12th Assembly.
The ASP is responsible for the oversight and management of the International Criminal Court (ICC). Kenya features prominently in this year’s discussion, due to the government’s attempts to seek impunity for President Kenyatta and Deputy President Ruto. Both are facing charges of crimes against humanity for their role in the 2007 post-election violence.
The Kenyan Government has proposed a reform to Article 27 of the Rome Statute to exempt heads of state from ICC prosecution while in office. The proposal was not officially presented in time and could not be brought to a vote at this year’s meeting. It was discussed, however; few African countries voiced their support, while others made noncommittal remarks and non-African countries strongly opposed the measure overall. The idea that any state would consider granting preferential treatment based on status is troubling. Such a proposal flies in the face of the very purpose of the ICC, which includes fighting impunity for genocide, war crimes, and crimes against humanity.
There has also been great demand for victims’ redress, specifically that victims have a voice in Court proceedings. The International Federation for Human Rights (FIDH) claims that would not only benefit the victims themselves, but bolster the credibility of the Court, and serve the purpose of the Rome Statute and its significance to international justice: “Victims’ participation shortens the gap between the courtrooms and the affected communities. What happens in The Hague should not remain only in The Hague.”
To this end, the Coalition for the ICC (CICC) points out the need for sufficient funding to the Trust Fund for Victims (TFV). In the words of Convenor William R. Pace:
Restoring victims’ dignity is central to the Rome Statute, providing the opportunity to air their views in court and receive reparations for harm suffered. Yet financial constraints, administrative backlogs, a lack of cooperation, and delays in investigations and prosecutions continue to frustrate victims’ hopes for redress.
It is promising that for the first time, this year’s ASP agenda includes a dedicated debate on victims. Pace says that attending states should “recommit to ensuring that the Rome Statute system…has the political and financial backing to truly deliver meaningful justice to victims of atrocities that most of us cannot even begin to imagine.”
The TFV accepts contributions not only from member states, but from NGOs, private donors, and non-members, which represents an avenue for the United States to participate in victims’ redress. The U.S. is not a member of the ICC, but has cooperated with the Court in other ways–for example, by offering rewards for ICC fugitives. By donating to the TFV, we could more actively help victims in addition to apprehending offenders.
