middle east and north africa (mena) update & the icc/ isesco seminar 6 schedule of events 2010/...

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COALITION FOR THE INTERNATIONAL CRIMINAL COURT in fact a symbiotic relation- ship between the ICC and Middle Eastern states, and more generally all sover- eigns earnestly concerned about the cause of human rights and ensuring egre- gious international crimes do not go unpunished. The opportunity for this mutu- ally fruitful partnership is yet to be fully seized. To date, Jordan is the only state in the region that has ratified the founding treaty of the Court, thus the sole representative of the re- gion at the ICC. This status quo must change. Misconceived notions that the Court is political or easily manipulated by the ‘great powers’ representing a threat to state sover- eignty are not based in reality and emanate mostly from misapprehensions of To date, the Arab world and the nations of what is traditionally known as the ‘Middle East’ have had, for the most part, reserva- tions in joining the Interna- tional Criminal Court (ICC). The Hague based Court is the first perma- nent international judicial institution with jurisdiction to try individuals sus- pected of genocide, war crimes, crimes against hu- manity, and the crime of aggression; the latter, once its legal definition is finally adopted. Many from the region, including leaders and government officials, look at international (legal, financial, political, and mili- tary) organizations with great suspicion. They per- ceive them as mere tools of major ‘Western pow- ers’, used (according to the argument) to advance the latter’s politics and national interests cloaked under the banner of, inter alia, protecting human rights. Bluntly put, these views and perceptions find their historical roots pri- marily in the experience of colonialism and foreign tampering in the region, as well as in the politicized track record of the UN Security Council (UNSC). The unfavorable response towards the warrant of arrest issued by the ICC against the acting Presi- dent of Sudan, Omar Has- san Ahmad Al-Bashir, is said to emanate from these same deeply en- trenched perceptions. Without diving into whether or not such gen- eral criticisms are valid, as it relates to the ICC, these views are not only ill- founded but sadly are serv- ing to hamper the advance- ment and protection of human rights for the peo- ples of the region. And tragically, this in a ‘land’ that has historically experi- enced countless conflicts and that continues to bear witness to the suffering of millions of its inhabitants whose fundamental human rights have and continue to be trampled upon. A clearer understanding of the legal machinery and independence of the Court would reveal that there is ICC and the Middle East – A Needed Relationship JANUARY 2010 ISSUE 2 Al-Mahkamah Middle East and North Africa (MENA) Update Inside: SIGI-Jordan Event on the ICC & Gender Justice— 2 ACIJLP Training Course in Cairo, Egypt 2 Adaleh Center/Iraqi Forum/ 8th Session of the ASP 4 CICC Member NGOs Call on States to Ratify 5 Palestine & the ICC/ ISESCO Seminar 6 Schedule of Events 2010/ Algeria Campaign 7 Letter from the MENA Re- gional Coordinator 8 Luis Moreno-Ocampo, Prosecutor of the ICC, briefs the UNSC on the situation in the Sudan. Credit: UN Photo/Devra Berkowitz. TOGETHER FOR JUSTICE In Situ is the blog of the Coalition for the ICC. It facilitates a direct dialogue be- tween our members on the ground, ICC experts and supporters of justice around the world. Join the discussion online at www.coalitionfortheicc.org/blog . Please join the MENA Listerv at icc- [email protected] and visit our website in Arabic www.coalitionfortheicc.org/ar . SASAN SHOAMENESH, LEGAL ADVISOR, ICC/CO-FOUNDER AND ASSOCIATE EDITOR, GLOBAL BRIEF CONTINUED ON PAGE 3

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Page 1: Middle East and North Africa (MENA) Update & the ICC/ ISESCO Seminar 6 Schedule of Events 2010/ Algeria Campaign 7 Letter from the MENA Re-gional Coordinator 8 Luis Moreno-Ocampo,

COALITION FOR THE INTERNATIONAL CRIMINAL COURT

in fact a symbiotic relation-ship between the ICC and Middle Eastern states, and more generally all sover-eigns earnestly concerned about the cause of human rights and ensuring egre-gious international crimes do not go unpunished. The opportunity for this mutu-ally fruitful partnership is yet to be fully seized.

To date, Jordan is the only state in the region that has ratified the founding treaty of the Court, thus the sole representative of the re-gion at the ICC. This status quo must change.

Misconceived notions that the Court is political or easily manipulated by the ‘great powers’ representing a threat to state sover-eignty are not based in reality and emanate mostly from misapprehensions of

To date, the Arab world and the nations of what is traditionally known as the ‘Middle East’ have had, for the most part, reserva-tions in joining the Interna-tional Criminal Court (ICC). The Hague based Court is the first perma-nent international judicial institution with jurisdiction to try individuals sus-pected of genocide, war crimes, crimes against hu-manity, and the crime of aggression; the latter, once its legal definition is finally adopted. Many from the region, including leaders and government officials, look at international (legal, financial, political, and mili-tary) organizations with great suspicion. They per-ceive them as mere tools of major ‘Western pow-ers’, used (according to the argument) to advance the latter’s politics and national interests cloaked under the banner of, inter alia, protecting human rights. Bluntly put, these views and perceptions find their historical roots pri-marily in the experience of colonialism and foreign tampering in the region, as well as in the politicized track record of the UN Security Council (UNSC). The unfavorable response towards the warrant of arrest issued by the ICC against the acting Presi-dent of Sudan, Omar Has-

san Ahmad Al-Bashir, is said to emanate from these same deeply en-trenched perceptions.

Without diving into whether or not such gen-eral criticisms are valid, as it relates to the ICC, these views are not only ill-founded but sadly are serv-ing to hamper the advance-ment and protection of human rights for the peo-ples of the region. And tragically, this in a ‘land’ that has historically experi-enced countless conflicts and that continues to bear witness to the suffering of millions of its inhabitants whose fundamental human rights have and continue to be trampled upon. A clearer understanding of the legal machinery and independence of the Court would reveal that there is

ICC and the Middle East – A Needed Relationship

JANUARY 2010 ISSUE 2

Al-Mahkamah Middle East and North Africa (MENA) Update

Inside:

SIGI-Jordan Event on the

ICC & Gender Justice—2

ACIJLP Training Course in

Cairo, Egypt 2

Adaleh Center/Iraqi Forum/

8th Session of the ASP 4

CICC Member NGOs Call on

States to Ratify 5

Palestine & the ICC/

ISESCO Seminar 6

Schedule of Events 2010/

Algeria Campaign 7

Letter from the MENA Re-

gional Coordinator 8

Luis Moreno-Ocampo, Prosecutor of the ICC, briefs

the UNSC on the situation in the Sudan. Credit: UN

Photo/Devra Berkowitz.

TOGETHER FOR JUSTICE

In Situ is the blog of the Coalition for the ICC. It facilitates a direct dialogue be-tween our members on the ground, ICC experts and supporters of justice around the world. Join the discussion online at www.coalitionfortheicc.org/blog.

Please join the MENA Listerv at [email protected] and visit our website in Arabic www.coalitionfortheicc.org/ar.

SASAN SHOAMENESH, LEGAL ADVISOR, ICC/CO-FOUNDER AND ASSOCIATE EDITOR, GLOBAL BRIEF

CONTINUED ON PAGE 3

Page 2: Middle East and North Africa (MENA) Update & the ICC/ ISESCO Seminar 6 Schedule of Events 2010/ Algeria Campaign 7 Letter from the MENA Re-gional Coordinator 8 Luis Moreno-Ocampo,

Page 2 Al-Mahkamah

Asma Khader, Coordinator of SIGI-Jordan, addresses participants at a

workshop on the ICC and Gender Justice in Amman, Jordan. Credit:

SIGI-Jordan.

Coalition for the ICC

Sisterhood is Global Institute-

Jordan Holds Event on the ICC

and Gender Justice

From 19-21 December 2009, the Arab Center for Independence of the Judiciary and the Legal Profession (ACIJLP) organized and held a training course in Cairo on the “monitoring, documentation, and preparation of reports in the field of human rights.” The course was attended by 35 government officials, lawyers and human rights activ-ists, including members of the National Council for Human Rights, Egyptian Organization for Human Rights, The Arab Program for Human Rights Activists, and others.

The course taught different monitoring, documenting, and fact-finding skills, and provided new strategies and techniques for prepar-ing and writing reports on human rights. The course also examined new techniques in using computers and technology with these new strategies through experiential practice. The training targeted skills beneficial to developing reports to be submitted to the UN, govern-ment, and other high-level bodies. A major skill target was how to use national and international justice, specifically the ICC, in the defense and protection of human rights.

The Cairo-based Arab Center for Independence of the Judiciary and the Legal Profession is a regional organization that works for the reinforcement of the independence of the judiciary and the legal profession, the rule of law, and the respect of human rights and basic freedoms in Egypt and Arab countries. For more information, please see: http://www.acijlp.org/.

ACIJLP Holds Training Course for

Lawyers and Human Rights Activists

Nasser Amin, Executive Director of ACIJLP, trains lawyers

and human rights activists at conference in Cairo,

Egypt. Credit: ACIJLP.

On 16 December 2009, the Sisterhood Is Global Insti-tute-Jordan (SIGI-J), in coop-eration with the CICC, or-ganized a national workshop on “The ICC and Criminal Justice for Women” to dis-seminate knowledge about the ICC and emphasize the importance of the interna-tional criminal justice system and its protection of women as enshrined in the Rome Statute.

With more than 70 partici-pants, the workshop pro-vided an opportunity for all interested Jordanian parties to gather in an effort to revitalize the Jordanian Coa-lition for the ICC. The par-ticipants decided that the work of the national coali-tion would include organiz-

ing periodic ICC awareness raising events, specialized advocacy activities and pro-moting research and studies related to the ICC. In addi-tion, the workshop provided participants with informa-tion and training on imple-mentation mechanisms of Rome Statute at the national level in terms of the appro-priate legislative amend-ments needed to existing criminal law.

In addition to SIGI-J repre-sentatives, member repre-sentatives of the prepara-tory committee included CICC representatives, Obaida Fares (Arab Founda-tion for Development and Citizenship), Taleb Saqqaf (Human and Environment Observatory), Ali Al-Dabbas (academic), Eva Abu Halawa

(Mizan), and Asim Rababah (Adaleh Center for Human Rights Studies).

The participating organizations agreed on the necessity to support the ICC and the need to distribute specialized publications and informational mate-rials in Arabic. Members of the General Secretariat of the Jordanian Coali-tion will meet in February 2010 to agree on structural features of a strate-gic plan for the Jordanian Coalition for the coming 1-3 years.

For more information on SIGI-Jordan, please visit: http://www.sigi-jordan.org/.

Page 3: Middle East and North Africa (MENA) Update & the ICC/ ISESCO Seminar 6 Schedule of Events 2010/ Algeria Campaign 7 Letter from the MENA Re-gional Coordinator 8 Luis Moreno-Ocampo,

To date, Jordan is

the only state in

the region that has

ratified the

founding treaty of

the Court, thus the

sole representative

of the region at

the ICC. This status

quo must change.

Page 3 Issue 2 Together for justice

the Court’s legal machinery. There are, in fact, layers upon layers of protection existing in the legal edifice of the Court serving to guarantee the ICC’s inde-pendence and respect for state sovereignty.

When objectively examined, the issue is not a question of a ‘bias’ in the modus op-erandi of the Court, but simply the reality of the Court’s jurisdiction limited primarily by the very fact that Middle Eastern states – except Jordan – have failed to ratify. This limiting reality can change for the benefit of all who genuinely value human rights as more na-tions ratify the Statute.

By becoming States Parties, Middle Eastern states would facilitate the jurisdiction of the Court over crimes cov-ered by the Statute commit-ted by a foreign military force or armed groups on their territory, even if the aggressor is not a State Party. A real life example which highlights the impor-tance of ratification is the 2008 South Ossetia War. Georgia was a State Party at the time the conflict broke out, during which the Rus-sian military was engaged on Georgian territory. The fact that Georgia has ratified the Statute has meant that the Court has territorial juris-diction and could potentially investigate alleged crimes committed on Georgian territory by all sides to the dispute. This includes the Russian army, notwithstand-ing the fact that Russia is not a State Party of the Court. Georgia is currently under analysis by the Office of the Prosecutor.

For what it is worth, should any Middle Eastern state become a State Party, it will have the right to nominate its own candidates for elec-tion as ICC judges. The Stat-ute also requires that judges are selected in view of rep-resentation of all legal sys-tems of the world as well as equitable geographical con-siderations. Hence, it is fair to conclude the possibility of having such nominees elected are rather probable. Moreover, membership with the Court will mean prose-cutors, judges, lawyers, and other relevant professionals from the region can apply and take up vacancies in all organs of the institution, seeing firsthand how the ICC operates while having the opportunity to contribute to the Court’s development.

It is a most notable position to advance that we want justice applied equally to all those who commit crimes that shock the human con-science. We must equally understand that if there is any international judicial institution that has the right history and founding, and the potential to be a truly international court of crimi-nal justice, it is the ICC. It is not by rejectionism that we can better ensure the bal-ance of international justice and rule of law remains impartial and free from po-litical interference, but by involvement and support for the Court. It is through ratification and through helping the Court achieve universal jurisdiction that the net of the ICC can be cast ever wider to catch all those who are criminally responsible whether at home or abroad.

The world is a complex place dominated by real-politik considerations. By shedding traditional self-defeating rejectionist pos-tures and by espousing the ICC as State Parties, those in power in the region can enhance the region's stand-ing in the international legal order, and more impor-tantly, they can demon-strate whether they are truly committed to the pro-tection and promotion of the inviolable human rights of their citizens. Imagine an international criminal justice system under which, as stated by former UN Secre-tary-General Kofi Annan, “no ruler, no state, no junta and no army anywhere can abuse human rights with impunity.” It is by ratifica-tion that Middle Eastern states and all nations that are yet to embrace the ICC can bring us ever closer to this ideal existence. It is only then that we can finally proudly proclaim that we as citizens and nations of the world recognize the inviola-bility of human rights and will not allow violations and violators to go unpunished.

This article was originally pub-lished in the Jurist from the University of Pittsburgh School of Law. For the full article, visit: http://jurist.law.pitt.edu/forumy/2009/09/ i cc -and-m i d d l e - e a s t - n e e d e d -relationship.php.

CONTINUED FROM PAGE 1

ICC and the Middle East—A Needed Relationship

Ambassador HRH Zeid Ra'ad Zeid Al-

Hussein, former Permanent Representa-

tive of Jordan, signs the Agreement on

the Privileges and Immunities of the

ICC. Jordan is the only state from the

MENA region to join the Court.

Credit: UN Photo/Gitika Noyes.

MEMBER HIGHLIGHT:

Al-Haq (Palestine): Last December, Al Haq presented a position paper on issues arising from the Palestinian Authority’s submission of a declaration to the Prosecutor of the ICC under Articled 12 (3) of the Rome Statute. It con-cludes by asserting that the ICC may validly consider Palestine to be a state for the purposes of Article 12(3) of the Rome Statute and may accept the transfer of jurisdiction from the PA to the Court in line with the Statute and the princi-ples of international law. For more information, please see: http://www.alhaq.org/etemplate.php?id=494.

Page 4: Middle East and North Africa (MENA) Update & the ICC/ ISESCO Seminar 6 Schedule of Events 2010/ Algeria Campaign 7 Letter from the MENA Re-gional Coordinator 8 Luis Moreno-Ocampo,

a number of governmental and non-governmental meet-ings which were held on topics including the Crime of Aggression, various amend-ment proposals to the Rome Statute, and civil society’s efforts in what is the most underrepresented region in the ICC. In addition, mem-bers Raji Sourani of the Pal-

In November 2009, at the 8th Assembly of States Par-ties in The Hague, the CICC was honored to have the participation of a num-ber of members from Mo-rocco, Tunisia, Sudan, Leba-non, Bahrain, Syria, Jordan, Palestine and Saudi Arabia. During the ASP, the mem-bers actively participated in

estinian Center for Human Rights and Nasser Burde-stani of the Bahraini Coali-tion for the ICC delivered speeches at the General Debate. For more on the 8th ASP, please visit: http://www.coalitionfortheicc.org/?mod=asp8.

Adaleh Center (Amman, Jordan)

ASP 8 (The Hague, Netherlands)

they are prosecuted before a fair and impartial court of law. The statement also stated that Iraq has wit-nessed many gross violations of human rights including crimes against humanity throughout history at the hands of different rulers, military forces, and terrorist groups, and urged Iraq to become an active member of the ICC through its ac-cession to the Rome Stat-ute. It recalled that the government of former-President Iyad Alawi ac-ceded to the Rome Statute in 2005, but later withdrew the accession based on un-convincing arguments. The Iraqi Forum stressed that as

Page 4 Al-Mahkamah

Asem Rababah, President of the

Adaleh Center, lectures participants

at a training course organized by

the Adaleh Center for Human

Rights Studies, in Amman, Jordan.

Credit: Adaleh Center.

CICC Members attend Strategy Meeting

at the 8th ASP in The Hague, The Neth-

erlands. Credit: CICC/Peter de Groot.

The Statement

urged Iraq to

become an active

member of the

ICC through its

accession to the

Rome Statute.

Coalition for the ICC

The Amman, Jordan-based Adaleh Center for Human Rights Studies, headed by Asem Rababah, organized two training courses in De-cember 2009 for Jordanian judges and lawyers on the national implementation of human rights treaties. An informational session on the ICC, its history, jurisdiction and cases was incorporated into the training program.

Participants received a lec-ture from Abeer Al-Khraisha, MENA Regional Coordinator for the CICC, on the ICC and interna-tional justice mechanisms. The course was one of the Center's ongoing training programs on the implemen-tation of various human rights treaties. The Adaleh Center is a member organi-zation of both the CICC and the Jordanian Coalition

for ICC. The Adaleh Cen-ter has been exerting efforts for some time in order to raise awareness on the ICC in all of the Center’s train-ing programs. The Rome Statute remains a treaty target for implementation in Jordan, which is the only MENA country that has ratified the Rome Statute. For more information, please v i s i t : h t tp : / /www.ada leh -center.org/Arb.html.

Iraqi Forum (Baghdad, Iraq)

a result of such crimes, the Iraqi Government was forced to appeal to the UN to establish a special inter-national tribunal in Iraq, legitimate claim which is in line with the demand for Iraq to join the ICC and to adjust its laws in accordance with the Rome Statute. The document was signed by over 20 individuals, com-posing the Iraqi National Commission, which was agreed upon in an earlier event organized by the Iraqi Forum in early 2009, to support the CICC in urging the Iraqi Government to accede to the Rome Statute. For more information, please see: http://www.iraqiforum.org/content/view/1088/1/.

On 10 November 2009, the Iraqi Forum issued a state-ment calling for the rebuild-ing of the Iraqi National Commission to support Iraq’s accession to the ICC, and appealed to Mr. Jalal Talabani, President of the Iraq; Mr. Nouri Kamal Al-Maliki, Prime Minister of Iraq; and Mr. Ayad al-Samarrai, President of the Iraqi Parliament to ensure prompt ratification. The Iraqi Forum noted that events in Iraq affirm that the most serious crimes of con-cern to the international community should not go unpunished and that work must be done to ensure that when crimes occur,

Page 5: Middle East and North Africa (MENA) Update & the ICC/ ISESCO Seminar 6 Schedule of Events 2010/ Algeria Campaign 7 Letter from the MENA Re-gional Coordinator 8 Luis Moreno-Ocampo,

The Review Conference is approaching with the Middle East and North Africa (MENA) as the most under-represented region in the ICC. The Arab League, con-sisting of 22 member states, has but three States Parties to the Rome Statute: Co-moros, Djibouti and Jordan.

There have been moments of hope. On 15 February 2005, Iraq ratified the Stat-ute, but the decision was annulled two weeks later. In March 2007, a ratification bill was passed in Yemen, then reversed shortly thereafter.

Some states have indicated a willingness to ratify, but their progress has been slow. At the national level, proposals for draft legislation for ratifi-cation have been circulating for years in states such as Morocco and Bahrain.

Others, such as Libya and Syria, seem completely re-moved from ratification, particularly in the wake of the arrest warrant issued against Omar Hassan Al-Bashir, President of Sudan.

“Due to this reality, the approach by NGOs and some countries is to focus on adopting national legisla-tion that would prevent impunity from Rome Statute crimes,” says Abeer Al-Khraisha, CICC Regional Coordinator for the MENA region. “This approach is necessary and could be ef-fective in facilitating even-tual ratification.”

“Bahrain’s ratification will depend on the will of the government, not the Na-

tional Assembly,” explains Nasser Burdestani, Coordi-nator of the Bahraini Coali-tion for the ICC and Am-nesty International in Bah-rain. “The government has been studying the issue for some time now, and we urge the government to set a deadline and develop a clear plan of action. Bah­rain’s ratification will set an example in the region, par-ticularly in the Gulf.

Brigitte Chelebian, President of Justice Without Frontiers and the Lebanese Coalition for the ICC, says that in Lebanon, “there are no con-stitutional barriers, but no political will from the gov-ernment.” “Lebanon has established the Hariri Tribu-nals,” she says, “and must be consistent in its commitment to end impunity.”

Mohammed Salimi, Coordi-nator of the Iranian Coali-tion for the ICC, has fol-lowed efforts in Iran for years and explains the alter-n a t i v e a p p r o a c h —implementation. “Last year, draft legislation concerning international crimes was submitted to parliament. After some modifications, it was passed,” he says. “The outcome was not exactly what we expected but we can call it a positive step in a difficult situation.”

According to Jamila Sayouri, Treasurer of the Justice Association for the Right to a Fair Trial and representa-tive of the Moroccan Coali-tion for the ICC, “the arrest warrant against President Omar Al-Bashir of Sudan halted the ratification cam-

paign in many Arab states. Some political parties that had supported the Court even be-came hostile to it, leading cer-tain Moroccan organizations to become reluctant to discuss the ICC. Now, however, speak­ing about ratification is not a prob-lem; the atmosphere is open and the timing is appropriate. The challenges remain the same: lack of concrete political will to end impunity and exist-ing constitutional challenges.”

Although each country faces its own individual challenges, the region needs to make a collec-tive effort to achieve ratifica-tion where possible. Where the atmosphere is not conducive to addressing ratification, imple-mentation legislation should be moved forward first.

This article was featured in Issue 39 of the CICC Monitor. Please see: http://www.coalitionfortheicc.org/index.php?mod=monitor.

As the Review Conference

Approaches, MENA NGOs Call on

States to Ratify and Implement

the Rome Statute

speaking about

ratification is not

a problem; the

atmosphere is open

and the timing is

appropriate. The

challenges remain

the same: lack of

concrete political

will to end

impunity and

existing

constitutional

challenges.

Page 5 Issue 2

“The situation in Iraq has not impeded our advocacy; now is the time

to push the government to ratify,” said Hassan Shaban, coordinator,

Iraqi Coalition for the ICC, during a recent discussion on the ICC in

Baghdad. Credit: Iraqi Forum.

TOGETHER FOR JUSTICE

Page 6: Middle East and North Africa (MENA) Update & the ICC/ ISESCO Seminar 6 Schedule of Events 2010/ Algeria Campaign 7 Letter from the MENA Re-gional Coordinator 8 Luis Moreno-Ocampo,

On 3 October, the Mohammed V University – Agdal, held a seminar on the topic "International Criminal Justice between Selectivity and Synthe-sis” with participation of the Islamic Education, Scientific, and Cultural Organization (ISESCO) and the Moroccan Coalition for the ICC as well as researchers, thinkers and with the attendance of more than 200 students. The following topics were debated:

- the current state of international criminal justice; - the principle of universal jurisdiction as it relates to international crimi-nal justice; - the alleged selectivity and politicization of the ICC and the future of the principle of no impunity (arrest warrant for President Al-Bashir as an ex-ample); and - the role of the UNSC in international criminal justice.

After a long discussion, participants called upon the Kingdom of Morocco to ratify the Rome Statute and bring national laws in line with interna-tional laws.

Palestine and the ICC

ISESCO Seminar on International Criminal Justice

The ICC was

created to

achieve justice. It

may not be perfect

yet, but Arab

states should

commit to justice

by ratifying the

Rome Statute, for

their sake and for

the sake of

Palestinians.

Page 6 Al-Mahkamah

Hecham Cherkaoui, Coordinator of the

Moroccan Coalition for the ICC addresses

panelists in a seminar on International Criminal

Justice in Rabat, Morocco.

Credit: Moroccan Coalition for the ICC.

Coalition for the ICC

RAJI SOURANI, DIRECTOR, PALESTINIAN CENTER FOR HUMAN RIGHTS

The “Goldstone Re-port” (The Report of the UN Fact Finding Mission on the Gaza Conflict: Sep-tember 2009) on the Gaza conflict found evidence of war crimes and possible crimes against humanity perpetrated by Palestinian armed groups and Israel. The report recommended that the UN Security Council (UNSC) refer the situation to the Interna-tional Criminal Court (ICC) prosecutor if, within six months, Israeli and Palestinian authorities fail to pursue national-level investigations and prosecu-tions against those respon-sible. This follows the rec-ommendation of the UN Commission of Inquiry into Darfur that the UNSC refer the Darfur situation to the ICC prosecutor.

In the Arab region, chronic problems include inade-quate rule of law, the lack

tion for Human Rights (FIDH) and formerly of the Tunisian League for Human Rights, told the French daily H u m a n i t é ( i n French): “To not follow the recom-mendations would undermine the le-gality and credibility of the Security Council. But more impor-tantly, it would amount to passing up a historical opportunity to see justice con-tribute to peace.”

On 16 October 2009, the Human Rights Council concluded its twelfth Special Ses-sion, adopting a resolution that endorsed the recommenda­tions set out in the re-port and called for their implementation. On 5 November 2009, the UN General Assembly voted in favor of a resolution endorsing the report’s finding: 114 in fa-vor, 18 against, and 44 abstained.

For more information on PCHR, see: www.pchrgaza.org. For full text of Raji Sourani’s speech at the 8th ASP, see: http://www.coalitionfortheicc.org/documents/PCHR_-_Raji_Sourani.pdf.

of democracy and human rights protections. The ICC was created to achieve justice. It may not be perfect yet, but Arab states should commit to justice by ratifying the Rome Statute, for their sake and for the sake of Palestinians.

If the UNSC follows the re-port’s recommendations, it would be a major success for supporters of the rule of law. If not, we will see that the UNSC is meant to support major powers. No state, in-cluding Israel, should have political and legal impunity, and the United States and European states cannot be complicit by sidelining the report. As for comparisons with Darfur, the situations should be treated separately. For those who dream of jus-tice, law and accountability for war criminals as in Gaza, we need the ICC. That is what is important.

Souhayr Belhassen, President of the International Federa-

Raji Sourani speaks during the General Debate

of the 8th Session of the ASP. Credit: CICC/

Peter de Groot.

Page 7: Middle East and North Africa (MENA) Update & the ICC/ ISESCO Seminar 6 Schedule of Events 2010/ Algeria Campaign 7 Letter from the MENA Re-gional Coordinator 8 Luis Moreno-Ocampo,

Page 7 Issue 2 Together for justice

2010 Schedule of Events—January-June

• 28 January—Arab Bridge

Center holds discussion

on ICC in Amman, Jor-

dan.

• 19 February—Conference

in Rabat, Morocco as

part of the Universal

Ratification Campaign in

Morocco. Regional Co-

ordinator Mission.

JANUARY/FEBRUARY

• 22 March—Resumed ASP

to take place in New

York.

• 1-26 March, Discussion

of the Goldstone Report

at the 13th Session of

the Human Rights Coun-

cil in Geneva, Switzer-

land.

• 30 March-1 April—Arab

League Summit in Tripoli,

Libya.

MARCH/APRIL

• 27 May-28 May—

Consultative Assembly of

Parliamentarians for the

ICC and the Rule of Law

in Kampala, Uganda.

• 31 May-11 June—Review

Conference to take place

in Kampala, Uganda.

MAY/JUNE

In October 2009, as part of the Coalition’s Universal Ratification Campaign (URC), the Coalition called on the People’s Democ-ratic Republic of Algeria to ratify the Rome Statute. The URC targets a different country each month to ratify the founding treaty of the Court. As part of the campaign, the CICC sent a letter to President Abdel Aziz Bouteflika and other officials in the Algerian Government and issued a press release urging Algeria to become a State Party.

Abeer Al Khraisha, CICC Regional Coordinator for the Middle East and North Africa, stressed the importance of Algeria’s ratifi-cation and urged Algeria to “carry out its duties towards building this effective system of international justice.” Algeria signed the Rome Statute on 28 December 2000 and has proclaimed contin-ued support for the ICC without ratifying the Statute. In 2004, Algerian Ambassador Mourad Benmehidi stated before the UNSC that the “International Criminal Court must see its role strengthened, and the integrity of its Statute should be preserved so as to advance the cause of justice and law and put an end to impunity.” Khelil Abdelmoumene, the Secretary-General of The Algerian League for the Defense of Human Rights (LADDH), stated that the Rome Statute “represents a great hope for those who have suffered heinous crimes in silence, such as the Algerian people” as a result of its civil war.

LADDH joined the CICC in issuing a press release urging the North African country to ratify the Statute, and calling on other human rights organizations “to ensure that the crimes of the recent past do not occur again.” LADDH called for:

-the President of the Republic of Algeria and the Algerian Parlia-ment to ratify the Rome Statute and join the ICC;

-civil society, including human rights organizations, lawyers un-ions, intellectuals, organizers, and journalists in their respective fields to engage in awareness building and advocacy for Algeria to

ratify the ICC’s Statute, and for the establishment for an Algerian Coalition for the ICC; and

-civil society to interact and communicate with other ICC coali-tions regionally and globally that have been working in support of the Court for years.

LADDH held a press briefing that was met with positive re-sponse, with six major Algerian newspapers picking up the story and circulating the press release in both Arabic and French. The press release refers to October as a watershed month to begin a more concentrated national and international effort to urge Alge-ria to ratify the Statute. Ratifying the Statute and becoming a State Party would enable Algeria to participate as a voting State Party in the Review Conference of the ICC in June 2010.

For the full press release, see: http://www.la-laddh.org/spip.php?article184.

Algeria’s LADDH Joins CICC Campaign

President of LADDH Moustapha Bouchachi addresses a

group of journalists in Algiers, Algeria. To his right, LADDH

Secretary-General Khelil Abdelmoumene. Credit: LADDH.

Page 8: Middle East and North Africa (MENA) Update & the ICC/ ISESCO Seminar 6 Schedule of Events 2010/ Algeria Campaign 7 Letter from the MENA Re-gional Coordinator 8 Luis Moreno-Ocampo,

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

www.coalitionfortheicc.org

Together for Justice

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

effective and independent ICC.

INTERNATIONAL SECRETARIAT CONTACT INFORMATION New York Office

Brigitte Suhr, Director of Regional Programs: [email protected]

Ata Hindi, Outreach Liaison for Middle East, North Africa and Europe:

[email protected]

Oriane Maillet, Head of Communications: [email protected]

Peony Trinh, Designer: [email protected]

Amman Office

Abeer Al-Khraisha, Regional Coordinator for Middle East and North Africa: [email protected]

Amal Nassar, Technical Support Assistant, [email protected]

Currently, there are 110 States Parties to the Rome Statute of the ICC. Nevertheless, the MENA region remains underrepresented in the ICC, with only Jordan being party to the Statute. The impact of the Al-Bashir arrest warrant is still being felt in the region as are allegations by some of double standards and selective justice. However, during the No-vember 2009 ASP meeting, it was noticeable that some Arab countries showed interest in the ICC with the aim to be prepared for the upcoming Review Conference, the possible amendment proposals and most importantly, the definition of the crime of aggression. Many states including some MENA states have said that joining the ICC will depend on the definition of the crime of aggression. Therefore, the upcoming Review Conference could be a turning point for the ICC in the region.

The CICC continues to encourage NGO membership from the region, particularly those who are active and convinced of the importance of international justice. The role of active civil society is essential in the ratification and implementation campaigns as well as in dis-seminating information on the ICC. Many member NGOs in MENA include the ICC in ongoing training programs in the region.

Although ratification is not expected in the near future in the region, there are nevertheless some indications of growing interest in the ICC, and therefore promoting ratification remains

an important medium-term strategy for CICC. Given the fact that some MENA countries are reluctant to ratify in the short term, the CICC en-courages countries to work on the implementation of ICC crimes into domestic law. Implementation is crucial to the CICC goal of universal sup-port for the ICC. On the one hand, implementation might pave the way to ratification because it makes domestic law ready for ratification. On the other hand, implementation is essential in order to put into effect the Statute’s principle of complementarity, which recognizes national jurisdiction’s primary obligation to investigate and prosecute ICC level crimes. The CICC remains committed to promoting an independent, impartial and fair ICC and supporting its members as they achieve this goal. NGOs interested in joining the CICC can contact us at: [email protected].

The Coalition is deeply appreciative of the generous support provided by all of our many partners and donors from around the globe. Major funding is provided by the Euro-pean Union, the Ford Foundation, the John D. and Catherine T. MacArthur Foundation, and the Open Society Institute, as well as by the governments of Austria, Belgium, Denmark, Finland, Ireland, Liechtenstein, The Netherlands, Sweden, and Switzerland, and a number of individual donors. Such support is essential to the Coalition's effort to secure a future in which justice is accessible to all. If you would like more information about how you can join in this effort, please visit our website at www.coalitionfortheicc.org or contact the Coalition’s Development office by phone at +1.646.465.8527 or via email at [email protected].

The contents of this publication are the sole responsibility of the Coalition for the International Criminal Court and can in no way be taken to reflect the views of the Euro-pean Union, Irish Aid, or any other donor.

Letter from the Regional Coordinator

New York c/o WFM, 708 3rd Avenue, 24th Floor

New York, NY 10017 USA Tel: +1 212 687 2863 | Fax: +1 212 599 1332

Amman, Jordan c/o Arab Women’s Legal Network

P.O. Box 841 226 Amman 11181 Jordan Tel: +962 6 5921 723 | Fax: +962 6 5936 376

Email: [email protected] Arabic Web: www.coalitionfortheicc.org/ar

Abeer Al-Khraisha speaks with CICC mem-

bers from the region at the CICC Global

Strategy Meeting in The Hague, The Nether-

lands. Credit: CICC/Peter de Groot.

ABEER AL-KHRAISHA, MENA REGIONAL COORDINATOR , CICC

Page 8 Al-Mahkama