Coalition for the International Criminal Court

April 2009 Issue 1

Europe Update

Inside:

• Civil Society in Turkey Pushes Government to Join and Sup-port ICC

2

• Ending impunity in Europe: French law must comply with the Rome Statute

3

• Interview with Rafael de Bustamante Tello, ICC Focal Point at the Council of the EU (Continued on page 5)

4

• Europe Update In Brief 5

• Georgia: civil society calls for investigation and prosecution of crimes under the ICC’s jurisdiction

• Fighting Impunity through Specialized War Crimes Units

6

• 2009 schedule of events • Darfur Memorial in four Euro-

pean cities.

7

• European Coordinator’s letter 8

Together for Justice

2009 Brings Progress for ICC Advocates

The first half of 2009 has brought a number of positive developments in Europe. In February, the Coalition for the International Criminal Court (CICC) targeted Turkey in its monthly ratification campaign and used the opportunity to remind Prime Minister R.T. Erdogan of his government’s 2004 commitment to ratify the Rome Statute, the Court’s founding treaty. In parallel, the Turkish Coalition mobilised local civil society and the media to urge the Turkish govern-ment to join the Court as soon as possible and support the Court’s Darfur investigation, particularly its 4 March 2009 arrest warrant against Omar Hassan Ahmad Al-Bashir, the president of Sudan. As an im-portant political and geo-strategic world power, Turkey has been and will continue to be a key CICC target country. It is currently on the UN Secu-rity Council and its support to the Court in the Darfur situa-tion will be increasingly vital.

In Moldova and the Czech Republic, positive momentum from 2008 will drive advocacy in the new year. On 5 April 2009, Moldova held parliamen-tary elections that should pro-vide new opportunities for ICC advocacy. In the previous parlia-ment, ICC ratification and im-plementation bills failed to pass. The CICC will also renew its pressure on President V. Klaus of the Czech Republic, to sign the ICC ratification bill that was approved by an overwhelming majority in both the Senate and Chamber of Deputies, and then deposit the instrument of ratifi-cation at the UN as a matter of urgency.

The European Union (EU) maintained its strong support for the Court, under the able leadership of its rotating presi-dencies. For the first half of

2009, EU member states agreed upon a new list of coun-tries to target for ICC ratifica-tion and implementation ef-forts. EU demarches will con-tinue to be a key tool in foster-ing the universality of the Court. Most recently, the EU further reaffirmed its support for the Court, by officially wel-coming the opening of the Lubanga trial and encouraging Congolese authorities to con-tinue their cooperation with the ICC, while inviting the ICC to increase its outreach in the DRC. The EU and several EU member states were also quick to react to the recent issuance of an arrest warrant against Sudanese President Al-Bashir: the government of Sudan was reminded of its obligation to cooperate with the Court. On this same occasion, the EU reaffirmed its full support for the Court as an independent judicial institution and as essen-tial to the promotion of inter-national peace and security. Finally, in two recent EU Presi-dency declarations, a call was made for the prompt imple-mentation of the arrest war-rants pending on the LRA lead-ership and on Bosco Ntaganda.

In June 2009, a new European Parliament (EP) will be elected; the CICC is confident

that new MEPs will maintain the strong bipartisan support for the Court established by their predecessors. In 2008, the EP adopted strong resolutions on Darfur, Uganda, organised an ICC hearing under the auspices of its human rights and devel-opment committees and invited senior ICC officials (Deputy Prosecutor Ms. Fatou Bensouda and then-President Philippe Kirsch) to the parliament for an exchange of views.

Over the past months, Finland and Norway completed the implementation of the Rome Statute into national law. Other states have made progress toward finalising national legis-lation that incorporates Rome Statute standards for grave crimes. These states include Austria, Macedonia, Serbia, France, Latvia, and Swit-zerland.

On 12 February 2009, Poland deposited its instrument of ratification for the Agreement on the Privileges and Immuni-ties of the ICC (APIC), bringing the total number of ratifications to 58. There are now 40 Euro-pean and Central Asian states parties to the Court, 26 of which are European Union (EU) countries.

NGO representatives address EU member States during A Coalition-

Sponsored Regional Meeting at the Seventh Assembly of States Par-

ties (ASP), 14-22 November 2008, The Hague. Credit: CICC.

“The Turkish Coalition

addressed a letter to

Foreign Minister Ali

Babacan calling on Ankara

to strongly stand against

the use of Article 16 in

the Darfur situation“

Page 2 Europe Update Coalition for the ICC

Civil Society in Turkey Pushes Government to Join and Support ICC

By Ozlem Altiparmak

During the past few months, the Turkish Coali-tion for the In-ternational Criminal Court, which has more than doubled its membership from 7 to 16 NGOs since it was founded in 2006, has inten-sified its cam-paign to urge Turkey to ac-cede to the Rome Statute.

As the CICC’s February 2009 Universal Rati-fication Cam-paign target and in a larger effort to revital-ise Turkish sup-

port for the Court, the Coordinator of the Turkish Coalition Ozlem Altiparmak held a series of meetings with representatives of the Supreme Court, the Ministry of Foreign Affairs, several parliamentary committees and political parties (DTP and CHP Turkish Grand National Assembly Groups). She also met with the Un-ion of Turkish Bar Associations and the Euro-pean Commission Delegation in Ankara.

Among other topics, the Turkish Coalition discussed how to act on the government’s com-mitment to join the Court given its expressed interest in becoming closer to the European Union and complementing its foreign policy objectives. The government has accepted a draft of the 3rd National Programme of Turkey for the Adoption of the EU Acquis, which includes a commitment to accede to the Rome Statute, among other treaties. The Acquis was adopted by the Turkish government in August 2008 and sailed through parliament three months later.

Following its advocacy meetings, the Turkish Coalition drummed up a significant media buzz

by hosting a press conference that resulted in pick-up of the ICC story by a number of wire services new to ICC coverage. Following the issuance of an arrest warrant against Sudanese President Al-Bashir, Ozlem Altiparmak ap-peared on CNN evening news in Turkey and NTV, to discuss the case and Turkey’s position. The Turkish Coalition also addressed a letter to the Turkish Foreign Minister Ali Babacan, call-ing on Ankara to strongly stand against the use of Article 16 in the Darfur situa-tion. Turkey holds a non-permanent seat at the UN Security Council until December 2010. The letter also called on the government to take all steps necessary to ensure that Presi-dent Al-Bashir comply with the Court's decision.

The Turkish Coalition later held an NGO strat-egy session to discuss past successes and future actions. As part of its future plans, CICC Tur-key plans to stay in touch with officials and par-liamentarians who participated in ICC confer-ences to date; continue briefing local media on ICC developments and relevant activities; plan an information session for lawyers in conjunc-tion with the Turkish Bar Association; and ar-range a meeting with the Foreign Affairs Com-mission of the Turkish Parliament in April.

The Turkish Coalition’s 2009 activities come on the heels of its November 2008 conference in Ankara, entitled, “The ICC: Yesterday, Today, and Tomorrow.” The morning session was devoted to the ICC and CICC campaigns while the afternoon session dealt with the crime of genocide, the genocide convention, its imple-mentation and its links to the ICC. Participants included students, professors, as well as a num-ber of Turkish parliamentarians, members of the Goethe Institute, Turkish NGOs, and rep-resentatives from the Italian and Dutch Embas-sies. The occasion marked the first time that genocide was discussed at the University of Ankara. After the conference, a reception was organised for the opening of the travelling photo exhibition entitled “From Nuremberg to The Hague.”

Ozlem Altiparmak is coordinator of the Turkish Coalition for the ICC.

Turkey has not signed the Rome Statute.

Turkey was the February 2009 country target for the Coalition’s Universal Ratification Campaign. In a letter dated 2 February 2009 to the Turkish Prime Minister Recep Tayyip Erdogan, the CICC urged the Republic of Turkey to prioritize its accession to the Rome Statute and to fully support the ICC. For more, see http://www.iccnow.org/?mod=ratimp

Turkish Coalition Coordinator, Ozlem Altiparmak and

Spokesperson, Öztürk Türkdoğan, address local Media in

February 2009. Credit: CICC Turkey.

“France has played an important role in the

creation of and support for the ICC, but this

legislation would undermine the essence

of the Rome Statute and the principles of

international justice by putting too many

obstacles in the way of investigation and prosecution of

international crimes.”

Page 3 Issue 1

The French Senate in Session, Paris.

Credit: French Senate

Together for justice

By Simon Foreman

The French Senate passed a draft law implementing the Rome Statute into its legislation in June 2008. The discussion and vote on the law at the Assemblée Nationale should have taken place before the end of the French Presidency of the European Union. But almost one year after its transmission to the Assemblée National (Chamber of Deputies), it has not been placed on the agenda despite active pressure by the French Coalition for the International Criminal Court (CFCPI) in partnership with other NGOs and associations.

The French Coalition welcomed the expansion of the territorial jurisdiction of the French courts, enabling them to investigate and prosecute genocide, crimes against humanity and war crimes. However, the French Coalition deplores the fact that the approved draft bill dilutes the essence of the principle of universal juris-diction. Its effectiveness is excessively weakened by the cumulative effect of the fol-lowing four restrictive clauses:

(i) the accused person needs to “reside habitually” on French territory; (ii) the investigation and prosecution is possible only if the acts in question are punishable ac-cording to the legislation of

the state on the territory on which they were perpetrated – or if the state where they were perpetrated or the state of which the alleged perpetrator has the national-ity are parties to the Rome Statute (double incrimina-tion); (iii) the draft bill denies the direct access of victims to justice, i.e. the possibility for victims to initiate a pro-ceeding as partie civile, leaving the initiative to the Public Prosecutor alone; (iv) it overturns the principle of complementarity: a case cannot be brought before a French court unless the ICC has expressly deferred its competence, thus stripping domestic courts of their primary responsibility to prosecute those responsible for crimes against humanity, genocide and war crimes.

The French Coalition is ask-ing for these obstacles to be removed by the Assemblée Nationale so the crimes un-der the Rome Statute can be subject to the same proce-dural regime as other inter-national crimes for which national courts already have jurisdiction: notably crimes of torture or terrorist acts, and crimes of genocide, crimes against humanity and war crimes committed dur-ing the conflict in the former Yugoslavia and during the Rwandan genocide on the basis of cooperation laws with the international tribu-

nals for the former Yugosla-via and Rwanda.

France has played an impor-tant role in the creation of and support for the ICC, but this legislation would under-mine the essence of the Rome Statute and the princi-ples of international justice, by putting too many obsta-cles in the way of investiga-tion and prosecution of in-ternational crimes.

On 10 December 2008, on the occasion of the 50th Anniversary of the Universal Declaration of Human Rights, the French Coalition issued an online petition denouncing the adoption of a national legislation ultimately favorable to authors of international crimes and calling for the French government and parliament to enable French courts to exercise universal jurisdiction regarding the most serious crimes. The French Coalition has increased its media awareness activities and will maintain intensive efforts to see the French implementing bill adopted in conformity with the provisions of the Rome Statute by drawing attention to the gravity of these provisions and de-manding that the Chamber of Deputies refuse to adopt such a problematic draft bill.

Simon Foreman is the presi-dent of the French Coalition for the ICC.

Ending impunity in Europe: French law

must comply with the Rome Statute

Please find the text of the draft bill as adopted by the Senate (in French):

http://www.assemblee-nationale.fr/13/dossiers/cour_penale_internationale_droit.asp

Recommendations of the CFCPI to the Chamber of Deputies (in French): http://www.cfcpi.fr/spip.php?article248

To sign the appeal “Universal Justice for Human Rights!” (“Une justice universelle pour les droits de l’homme !”): http://www.thepetitionsite.com/1/justiceuniversellepourlesdroitsdelhomme

Page 4 Europe Update Coalition for the ICC

Seven Questions for Rafael de

Bustamante Tello, ICC Focal Point at the

Council of the European Union

Europe Update Issue 1 Coalition for the ICC

Europe Update: What is your role as ICC Focal Point at the Council of the EU?

Rafael de Bustamente Tello (RBT): In 2001, the EU adopted a Common Position (CP) on the ICC; this was reinforced in June 2003. This CP was endowed with an Action Plan adopted in February 2004, providing concrete measures to achieve the objective of worldwide adherence to the Rome Statute (RS) and the independence and effective functioning of the ICC. The Action Plan cre-ated the position of ICC Focal Point, head-quartered at the Council Secretariat, to pre-pare EU programmes and activities for imple-menting the CP and supporting the EU presi-dency in the development of the Action Plan. I have to emphasize here that the work of NGOs in the area of the ICC is essential; the CICC, in particular, provides us with very useful and valuable expertise.

Europe Update: Which countries is the EU targeting in the first half of 2009?

RBT: During the first half of 2009, the EU is targeting 11 countries and 1 regional organi-sation focusing on the Asia/Pacific region. EU member states had foreseen that demarches in Africa and the Arab world would be diffi-cult after the latest ICC decision on Al-Bashir. Although the EU will not abandon these areas, it will be focusing its actions on other areas of the world where it can be more effective. The EU has also developed a partnership with Australia, Canada and Japan to create better synergies and generate a more coordinated approach to working to-ward the objective of universality in the Asia/Pacific region.

Europe Update: How is the ICC main-streamed within other EU policies?

RBT: The EU is supporting and promoting the ICC in different ways with different part-ners and in different areas of the world. The EU support to the ICC illustrates well how diversified EU instruments and policies are. In the first place, the EU supports the Court through political statements, council conclu-sions and declarations. For example, the presidency made declarations on behalf of the EU following the latest Bashir decision in March 2009, and to mark the 10th anniver-sary of the Rome Statute in July 2008. The Council often refers to the Court when drafting conclusions on situation countries.

Furthermore, the ICC is an issue raised dur-ing political dialogue with third countries at all EU levels (experts, ministerial meetings or summits, to name a few). Following the first CP of 2001, the EU was very proactive in promoting universality of the RS and the issue was almost automatically raised in all political dialogue. Now, the EU’s efforts are focused on countries where it is encounter-ing difficulties and where a political message needs to be transmitted. The EU also en-deavours to mention the ICC in the commu-nications or joint declarations issued at the end of meetings with key countries. e.g.: The Joint Statement by the EU Presidency, the President of South Africa and the European Commission on the occasion of the First EU-South Africa Summit in July 2008 and the Joint EU Canada Summit Statement of October 2008. The EU has been consistent in mentioning the ICC component in its strategies or coun-try papers, for example, in the EU Strategy for Central Asia which is an under-represented region in the ICC system. The 2007 Joint Africa-EU Strategy also mentions the commit-ment towards fighting against impunity and the support to the Court. Moreover, the EU has two Special Representatives (EUSRs) to work in situation countries: the EUSR for the Great Lakes Region and the EUSR for Sudan whose mandates mention the Court. Through their constant presence on the ground and their regular contacts with Court officials, the EUSRs play an important part in relaying the entire palette of EU messages, including those on the ICC. Last but not least, I have to mention the important fund-ing provided by the European Commission to civil society and to the ICC.

Europe Update: The CICC welcomes the statements of the EU and several member states in support of the Al-Bashir arrest warrant as a first step; what is your strategy beyond these declarations?

RBT: The EU declaration underlines the balance between justice and peace, as the way forward for a durable solution in Darfur. We underscore the support of and respect for the Court’s independence. In this regard, the EU has been one of the strongest sup-porters of the Court in recalling the obliga-tions of Sudan, in particular in its Conclu-sions of June 2008 and successive declara-tions. A few days after the issuance of the warrant, it is too early to say what form the EU support will take in this case. This issue

will be discussed with member states as the situation evolves on the ground and at the UN Security Council.

Europe Update: How does the EU plan to promote the ICC in Arab and Afri-can countries? Is the April EU-AU Summit an opportunity to discuss the ICC?

RBT: As mentioned before, the EU has de-cided not to target African and Arab coun-tries this semester as the climate would not be favourable to increasing the number of ICC states parties in these regions. However, the EU will continue to be proactive and contribute to dispelling any misinformation flowing from the media in particular regard-ing the independence of the Court, the trig-ger of its jurisdiction and the principle of complementarity. The arrest warrant against President Al-Bashir will put the ICC issue on the agenda of the EU’s upcoming meetings with our partners in Africa including the African Union (AU). However, at this stage it is difficult to foresee the evolution of the situation.

Europe Update: The Agreement be-tween the ICC and the EU on Coopera-tion and Assistance of 10 April 2006 is a key element of EU-ICC relations: Is cooperation working between the EU and the ICC?

RBT: Cooperation between the ICC and the EU is working well. Despite the youth of the Court, a great deal of progress has been made and we are hoping to strengthen and increase our cooperation with the ICC in the future. A good example of enhanced coop-eration is the agreement that entered into force on 31 March 2008, in which the EU and the ICC have formally agreed upon standards for the reciprocal protection of classified

(Continued on page 5)

Rafael de Bustamante Tello

Credit: CICC

Europe Update met with the ICC Focal point at the Council of the European Union to discuss European Union (EU) support for the ICC—and the challenges in implementing its commitments

Page 4

Page 5 Europe Update Coalition for the ICC

On 26 January 2008, the Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution requesting all of its 47 member states to fully cooperate with the International Criminal Court (ICC). It called for the ratification of the Rome Statute by the eight member states that have not yet done so (Armenia, Azerbaijan, the Czech Republic, Moldova, Monaco, Russia, Turkey and Ukraine), as well as

by two observer states, the United States and Israel. The resolution also recalls the importance of the Agreement on the Privileges and Immunities of the International Criminal Court (APIC) as indispensable for the independence of the Court’s operations.

For more, see http://assembly.coe.int/

information exchanged between both parties (Security Arrangements for the Protection of Classi-fied Information exchanged between the EU and the ICC). I would like to highlight that on this basis, Javier Solana, High Representative for the Com-mon Foreign and Security Policy (CFSP) and Silvana Arbia, ICC Registrar, exchanged letters to allow the EU Force in Chad and CAR (EUFOR Tchad/RCA) to provide, if requested, logistical and security support to the Court in Chad. This was the first time that one of the EU operations had a framework to cooperate with the Court. In addition, the EU and the Court maintain regular contacts. In 2008, High Court officials visited EU officials. The EU expects to maintain its high level of cooperation with the ICC. Part of my functions as ICC focal point is to make sure that officials from both institutions remain in contact and that the EU addresses the Court in a coordinated manner.

Europe Update: Does the new U.S. ad-ministration provide new opportunities to

enhance EU-US dialogue? Does the EU have a specific strategy in that regard?

RBT: To date, it is not clear what the position of the new US administration will be towards the ICC but we believe that there are good prospects. I do not imagine that a signature or ratification of the Rome Statute will happen soon, but I hope the new administration will have a more positive attitude towards the Court. The EU is always open to dialogue with the U.S. In our contacts with the new admini-stration we do relay the message that the ICC is of crucial importance to the EU. The ICC has been and will be raised during several EU-US expert-level consultations. Despite the positive signs we are receiving, we still have to wait and see what the firm position of the new admini-stration will be.

The views expressed are purely those of the official and may not in any circumstances be regarded as stating an official position of the Council of the EU.

(Continued from page 4)

Council of Europe adopts innovative resolution on

cooperation with the ICC

Raising Awareness of Darfur and the ICC In Italy

“The work of NGOs

around the ICC is

essential; the CICC,

in particular,

provides us with

very useful and

valuable expertise.”

Europe Update In Brief

On 3 February 2009, the NGO Italians for Darfur coordinated a second hearing on Darfur before the Italian Chamber of Depu-ties. The Coalition for the ICC, InterSOS, Parliamentarians for Global Action and a representative of the Darfur refugee commu-nity in Italy addressed deputies of the Perma-nent Human Rights Committee on the situa-tion in Darfur and ICC-related developments there. The initiative took place in the frame-work of an awareness-raising campaign with Italian authorities to ensure a strong and consistent Italian policy on the matter. NGOs called on the Deputies to encourage the Italian government to take immediate action in support of justice in Darfur. The Deputies in attendance committed to ask the Italian government what steps have been taken so far—at the national level, as well as within the EU framework—to support the ICC efforts in Darfur and to remind the Su-danese government of its duties to cooper-ate with the Court, not least on the occasion of official visits of top Sudanese officials with

Italian authorities. For example, Minister of Foreign Affairs Frat-tini met with President Al-Bashir’s personal advisor Nafi Ali Nafi in January 2009.

In the coming months, Italians for Darfur, together with the CICC, and other NGOs, will continue putting pressure on the Italian government to strengthen its commitment on the ICC and push for the prompt adoption of implement-ing legislation in Italy, including a law on cooperation with the ICC.

In addition, Italians for Darfur organised photo exhibitions on Darfur in several Italian cities, and in this context has invited members of the media to raise awareness on the situation in Sudan and the ICC.

For more information on Italians for Darfur, see http://www.italianblogsfordarfur.it/

Darfur Memorial Day in Rome, Italy. Credit:

Antonella Napoli, Italians for Darfur.

Issue 1 Together for Justice Page 5

Georgia: civil society calls for

investigation and prosecution of crimes

Civil society organizations

in both Georgia and Russia

have high hopes that the

ICC prosecutor will call

upon both governments to

further investigate those

crimes that are sufficiently

grave and under

examination by the ICC.

Page 6 Europe Update

MAny unexploded devices like this

cluster munition from Brotsleti,

Georgia were left behind by armed

forces And threaten the civilian

population Credit: Human Rights

Center.

Coalition for the ICC

By Simon Papuashvili

By August 2008 the situation in two breakaway regions of Georgia—South Ossetia and Abkhazia—became extremely tense, due to cases of sporadic violence that had multiplied throughout the summer. In South Ossetia, following the shelling of Georgian civilian settlements by separatist forces, a full scale offensive by Georgian forces broke out on 7 August 2008.

The Russian Federation, claiming that its nationals residing in the territory of South Ossetia were in need of assistance, sent its troops to Georgia through the Roki Tunnel on 8 August. At the same time Russian military j e t s s t a r ted bomb ing Georgian territory. Bom-bardments were extended outside South Ossetia and included civilian targets in the towns of Gori as well as other parts of Georgia.

Results of this one five day conflict have been devastating. It is estimated that more than five hundred people, most of whom were innocent civilians died; the property of t h o u s a n d s h a d b e e n destroyed; and at least 25,000 people were permanently displaced from South Ossetia.

Following the August events, the ICC Office of the Prose-cutor issued a press release announcing that the situation in Georgia was under analysis by the prosecutor’s office (see OTP Press release: “ICC Prosecutor confirms situation in Georgia under analysis”). Documents about the possi-ble commission of grave crimes have been submitted by government officials from both Georgia and Russia. At the same time, both Georgian and international NGOs have documented the alleged com-mission of at least two crimes that fall within the jurisdiction

of the ICC – war crimes and crimes against humanity. This information was also shared with the ICC Office of the Prosecutor. So far, neither Russia nor Georgia have demonstrated any genuine will to investigate the war crimes and crimes against humanity that have allegedly taken place within their juris-diction. Civil society organiza-tions in both countries, how-ever, have high hopes that the ICC prosecutor will call upon both governments to further investigate those crimes that are sufficiently grave and un-der examination by the ICC. Georgia joined the Court in 2003, and Russia signified its willingness to cooperate with the ICC by submitting evi-dence to the prosecutor.

Simon Papuashvili is a human rights lawyer with the Georgian Human Rights Centre.

Fighting Impunity through Specialized War Crimes Units

By Juergen Schurr

The past decade underlined the key role of national authorities—primarily immigration, police and prosecution—in enforcing inter-national criminal law and the fight against impunity for genocide, crimes against humanity, war crimes and torture (serious interna-tional crimes). Increasingly, states conduct extraterritorial investi-gations and prosecutions to ensure that they comply with their obligations under international law and so as not to provide a safe haven to perpetrators of serious international crimes. Perpetra-tors of serious international crimes regularly escape to and find refuge in third countries, in particular in the aftermath of an armed conflict and a change of government. In addition, suspects of such crimes who benefit from impunity in their home countries may travel abroad, for instance to receive medical treatment or to attend conferences, thereby providing an opportunity for their arrest and for an investigation into allegations that they committed serious international crimes. See for instance a 15 December 2005 Human Rights Watch brief on the case of Zokirjon Almatov, who was accused of crimes against humanity in Uzbekistan “Uzbek Security Chief Accused of Crimes Against Humanity- Suit Filed in Germany Against Uzbek Minister Zokirjon Almatov.” In October 2005, Almatov travelled to Germany to receive medical treatment. His visit was then followed by a visit from Rustam Inoyatov, Uz-bekistan’s Security Chief, to Germany from 23-25 October 2008, despite serious concerns about his responsibility for the Andijan massacre in Uzbekistan in May 2005. This is particularly true of the EU, as recognized in Council Framework Decision of 8 May 2003 on the ‘investigation and prosecution of genocide, crimes against

humanity and war crimes’, stating that “Member States are being confronted on a regular basis with persons who were involved in such crimes and who are trying to enter and reside in the Euro-pean Union” (Council Framework Decision, 2003/335/JHA, 14.05.2003). The EU, its member states and affiliated countries thus have an important role to play to ensure that Europe is not a safe haven for perpetrators of serious international crimes.

This important role remains even in the presence of international courts and tribunals, as their limited geographical and temporary mandates, as well as limited resources, prevent them from prose-cuting all perpetrators involved in committing serious international crimes. Indeed, the Office of the Prosecutor of the International Criminal Court indicated a ‘risk of an impunity gap unless national authorities, the international community and the ICC work to-gether to ensure that all appropriate means for brining other per-petrators to justice are used’ (Paper on Some Policy Issues Before the Office of the Prosecutor, ICC, September 2003). The investi-gation and prosecution of such crimes therefore remains the re-sponsibility of national authorities.

Juergen Schurr is Universal Jurisdiction project coordinator at Redress/FIDH

This is an abridged version of a longer article published in “The Enforcement of International Criminal Law”, Aegis Trust, pp 35-43, available at http://www.aegistrust.org/images/PDFs enforce ment_of_international_criminal_law.pdf

Page 7 Issue 1 Together for justice

On 4 March, members of the Darfuri community gathered to remember the victims of crimes committed in Darfur mere hours before the ICC issued an arrest warrant against Omar Hassan Ahmad Al-Bashir, the president of Sudan for war crimes and crimes against humanity. At 12:30, candles were lit as the names of some of the thousands of victims of the conflict were read aloud simultaneously in several European cities. The memorial event took place in front of the Council of the EU in Brussels, before the Sudanese embassy in London, at the Coliseum in Rome and just outside the seat of the Court in The Hague.

On the right, Darfur Memorial in Brussels, Belgium. Credit: CICC

in Brussels, London, Rome and The

Hague, a Memorial for Darfuri

victims Highlights Importance of

Bashir arrest warrant

Schedule of Events 2009

2 April, European Parliament, Brussels, Bel-gium, “The unfinished business of the UN international criminal tribunals of the former Yugoslavia and Rwanda: the future role of the EU and its Member States”. The conference, organised by FIDH, REDRESS and International Criminal Law Services (ICLS) seeks to raise aware-ness of the key residual functions and issues and to explore the role of the EU and its member states in supporting the post-closure process of both tribu-nals. For more information, contact Jürgen Schurr on 0032 26094425/ juergen@redress.org .

6-9 April, Prague, Czech Republic: Participation of PGA in the ACP-EU Joint P a r l i a m e n t a r y A s s e m b l y , Members of PGA from ACP countries and the European Parliament who will attend the ACP session will participate in discussion and will lead in i t i a t ives to mainstream debate on strengthening justice mechanisms, through the ICC and domestic institutions, as part of peace and development initiatives. For more information c o n t a c t : D e b o r a h R u i z V e r d u z c o : deborah.ruiz@pgaction.org

23-24 April, The Hague, Netherlands: 6th Meeting of the EU Network of contact points in respect of persons responsible for genocide and crimes against humanity. The meeting will gather the contact points for war crimes within the police and justice systems of each member state.

27 April - 4 May, Brussels, Belgium: The Reck-oning film screening. Skylight Pictures’ new docu-mentary on the ICC will be screened at the One World Human Rights Film Festival on 29 April at 18h30 at Résidence Palace. The screening, which has been cosponsored by the CICC, will be followed by a panel discussion with a representative from the Office of the Prosecutor. People in need, a Czech NGO, organized the festival in the framework of the current Czech Presidency of the EU. For more information, visit www.oneworld.cz/brussels

APRIL

5 June, Brussels, Belgium: COJUR sub area ICC meeting. Council Working Group on public international law gathering legal advisers from EU capitals.

18-19 June, Parliament of The Netherlands, The Hague: Strategy Meeting on the politics of international justice, impact and effectiveness of the ICC – Towards the Review Conference of the Rome Statute. For more information contact Deborah Ruiz : deborah.ruiz@pgaction.org

21-26 June, Galway, Ireland: “Irish Centre for Human Rights (ICHR) Summer School Sessions on ICC.” The programme offers participants a chance to immerse themselves in international criminal law and benefit from expert instruction. More information at: http://www.nuigalway.ie/

21-26 June, National University of Ireland, Maynooth, Ireland: “International Human Rights Network Applying Human Rights Based Approaches Conference.” The aim of the training is to enhance skills of participants in applying human rights-based approaches to justice sector reform. It will be followed by a conference on 26 June, More information at: http://www.ihrnetwork.org.

22-24 June, Stockholm University, Sweden: “Stockholm Criminology Symposium 2009” organised by the Swedish National Council for Crime Prevention. The themes will be: When Mankind is the Victim; Counteracting Organised Crime and Contemporary Criminology. More information at: www.criminologyprize.com

22 June – 10 July, The Hague, Netherlands: Grotius Centre International Criminal Law (ICL) Summer Schools. The 7th Bilingual Summer School on ICL (22 June-3 July) is open to students and practitioners. The Marie Curie Top Summer School 2009 (29 June-10 July) is open to PhD candidates in Public International Law and International Criminal Justice. More information at: http://www.grotiuscentre.org

JUNE

May-June, Tbilisi, Georgia, NGO meet-ings, media and public awareness raising activities. The Human Rights Centre will or-ganise a roundtable meeting with NGOs to discuss the ICC and its triggering mechanisms. The HRIDC will also invite journalists to a media club in order to discuss the ICC and media’s role and broadcast three radio programmes to raise awareness and promote a better under-standing of the Court’s system among the gen-eral public. For more information contact Vir-ginie Amato: amato@iccnow.org.

14-15 May, University of Olso, Norway: “Unity or Fragmentation of International Law - the Role of International and National Tribunals.” Themes of the four main sessions: Methods of interpretation by international tribunals; jurisdictional overlaps between international tribunals and compliance mechanisms; dialogue or conflict between international tribunals and national courts; and interpretation and application of international law in national courts. More information at: http://www.jus.uio.no/forskning/grupper/intrel/nyheter/2008/oslo-conference-2009.xml

24 May - 3 June, International Institute of Higher Studies in Criminal Sciences (ISISC), Siracusa, Italy: 9th Specialization course in international criminal law “The Legal Status and Responsibilities of Non-state Actors Under International Humanitarian Law, International Criminal Law and International Human Rights Law”. More information at: http://www.isisc.org/

18-20 May, Oslo, Norway: 4th International Expert Meeting on Genocide, War Crimes and Crimes against Humanity organised by INTERPOL.

MAY

Less than one year ago on 17 July 2008—the tenth anniversary of the adoption of the Rome Statute, the founding treaty of the ICC—celebrations abounded from The Hague to Johannesburg, Indonesia to Guatemala, Iran to Yemen, USA to Moldova. Governments and NGOs alike celebrated by reaffirming their support for the ICC and restating their commitment to end impunity for genocide, crimes

against humanity and war crimes.

Ten years after Rome, we are at a crucial juncture in the Court’s work and functioning: the first ever trial at the Court has recently started; although four suspects have been arrested and are under ICC custody, eight arrest warrants are still pending (four of them date back to July 2005); and the recent arrest warrant against Omar Hassan Ahmad Al-Bashir, the president of Sudan, has generated tension among states in the African and Arab regions. But ten years after Rome, states have the same responsibility toward the Court and should provide the ICC with the same support as ever.

These are difficult times for ICC advocates, NGOs and states alike. As one of the earliest and most vocal supporters of the Court, the EU has a key role to play. EU member states should not shy away from debating and facing the challenges that currently face the ICC. The EU was on hand to help secure the 60th ratification of the Rome Statute, allowing its entry into force; the EU was there to counter U.S. efforts to bully states around the world into opposing the Court; it was there even before the establishment of the ICC and itself called for the creation of a permanent, independent tribunal.

We trust the EU will continue to be there for the Court by working cooperatively and in high gear with states, civil society and other stakeholders to take on the challenges presented by skeptics of in-ternational justice and ICC opponents in Africa and beyond.

Luisa Mascia is the CICC regional coordinator for Europe.

c/o WFM, 708 3rd Ave 24 Fl

New York, NY 10017 USA

Phone: +1 212-687-2863 Fax: +1 212-599-1332

Bezuidenhoutseweg 99A, 2594 AC

The Hague, Netherlands

Phone: +31-70-363-4484 Fax: +31-70-364-0259

The Coalition for the International Criminal Court includes 2,500 organizations around the world working in partnership to strengthen international cooperation with the ICC; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide.

Coalition for

the International

Criminal Court

A Message from Luisa Mascia, CICC Europe Coordinator

Together for Justice

Together for Justice: Civil society in 150 countries advocating for a fair,

effective and independent ICC.

CICC SECRETARIAT CONTACTS

Europe Regional Coordinator: Luisa Mascia, mascia@iccnow.org

Europe Programme Assistant: Virginie Amato, amato@iccnow.org

CICC Europe • 7 Avenue des Gaulois, c/o HRW, 1040 Brussels, Belgium •

Tel: +32 2 502 62 15 • Fax: +32 2 502 62 38

Contributions to Europe Update may be sent to amato@iccnow.org

Director of Regional Programs: Brigitte Suhr, suhr@iccnow.org

Outreach liaison for Europe and MENA: Ata Hindi, hindi@iccnow.org

Head of Information and Communications: Anaga Dalal, dalal@iccnow.org

Designer, Peony Trinh, trinh@iccnow.org

CICC Secretariat– 708 3rd Avenue, 24th Fl. New York, NY 11211

A lie-down for justice at the 1998 Rome Treaty Conference

that Established the Court. Credit: Filippo Monteforte/Ansa