The year 2008 has marked the tenth anniversary of the adoption of the Rome Statute. Six years after its entry into force, the International Criminal Court (ICC or Court) is investigating crimes committed in four situations: the Democratic Republic of Congo (DRC); Uganda; Darfur, Sudan; and the Central African Republic (CAR). The Court has issued 12 public arrest warrants. Four persons have so far been arrested; two of them were surrendered to the ICC since the last session of the Assembly of States Parties (ASP or Assembly).
Over 2008, we have witnessed a new era in the activities of the Court. Trial Chamber I has decided to stay the proceedings in relation to the preparation of the first trial, until it is assured that the respect of Thomas Lubanga’s right to a fair trial can be ensured. Following the arrest and surrender of Mr. Mathieu Ngudjolo Chui and the joinder of his case to the one against Mr. Germain Katanga, charges were confirmed and the accused have been committed for trial. For the first time, crimes of sexual violence will be prosecuted before the ICC.
In 2008, we have also seen that the Court’s actions have been taken to a higher level. An arrest warrant against a former vice-president was sought and executed. Jean-Pierre Bemba, former vice-president of the DRC, and leader of the Mouvement de Libération du Congo, was arrested in Belgium on 24 May 2008 and surrendered to the ICC on 3 July 2008. Preparations for a confirmation of charges hearing are under way at the time of preparing this report. It is expected that the proceedings in the Bemba case will have a major impact both in CAR and the DRC.
In July 2008, the Prosecutor requested the first ICC arrest warrant against a sitting head of State, Sudan’s President Omar al-Bashir. This significant step, which constitutes a major landmark in the implementation of the Rome Statute, is a promise for justice to the victims of the devastating conflict in Darfur.
In 2008, FIDH has also seen with great satisfaction the development of a new policy of the Office of the Prosecutor, in relation to the situations under analysis (in particular Colombia and Georgia).
We believe that the ability of the Office to speak publicly about those situations can have a major deterrent effect and be a factor to encourage national prosecutions in the countries concerned, and
elsewhere.
The chambers of the Court have continued to issue decisions on a number of key matters, including victims’ participation in the proceedings, the rights of the accused, disclosure of evidence, and the
confirmation of charges. Moreover, for the first time, the Board of Directors of the Trust Fund notified the Chambers of its intention to undertake projects to provide physical and psychological assistance and material support, to victims of the crimes within the jurisdiction of the Court. The chambers concluded that the proposed activities would not pre-determined any issue to be determined by the judges of the Court.
The seventh session of the ASP will be held in The Hague from 14 to 22 November 2008. At this session, the Assembly will consider and make decisions on the Court’s budget for 2009, and on preparations for the Review Conference, among other matters. The Assembly will also consider the advances made by the Court in relation to the implementation of the strategic plan, and the assessment of the Regulations of the Trust Fund for Victims. The Special Working Group on the Crime of Aggression will also meet during this session of the ASP. Further, this session of the Assembly offers an excellent opportunity for States Parties to assess advances made in the field of cooperation.
This position paper looks into some of the issues to be covered by the seventh session of the Assembly. It puts forward specific recommendations to the ASP and raises other matters to the
attention of the Assembly. We address a number of issues of special concern to FIDH, related in particular to the implementation of the rights of victims.
In addition, as an active member of the thematic teams of the Coalition for the International Criminal Court (Coalition or CICC), FIDH fully endorses the CICC Teams’ Papers to which it has contributed actively. This position paper is complementary to the recommendations contained in those papers.