18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 2 (3 December 2019)
Name of the Event: Side Event - Strengthening the ICC and the Rome Statute system: perspectives from Latin America and the Caribbean
Overview by: Francisca De Castro, Junior Research Associate PILPG-NL
Main Highlights:
Latin America speaks from experience when talking about international crimes.
Main areas of concern were the revision and strengthening of the Court, notably through the independent expert review
Topics discussed during this side event included the role of victims, particularly in reparations, the system of elections, cooperation, and the preliminary examinations in the region in situations in Venezuela and Colombia, and the possible opening of an examination into the situation in Mexico.
Summary of the Event:
The event began with opening remarks by the Uruguayan ambassador to the Netherlands, H.E. Ms. Laura Dupuy Lasserre who reaffirmed the importance of the process of revision of the ICC, and the region’s compromise to this process, as the second largest regional group. She acknowledged that this process will not only take place through support and cooperation, but that it requires continuous work, particularly in the region.
Ms. Carmela García, fellow at the Americas to the Coalition for the ICC (CICC), opened the panel discussion and mentioned the areas which were to be touched upon by panel members, including the revision process to strengthen the ICC, the role of victims, the elections system, cooperation, and the preliminary examinations in the region.
Ms. Mariana Pena, Senior Legal Officer at Open Society Justice Initiative (OSJI) talked about the upcoming judicial and prosecutorial elections and the current discussion on strengthening the election system. OSJI published a report on the election and nomination of judges in which it studied these processes in different countries. The report ultimately found that nomination was not always carried out in the best way possible. The project of a resolution which would enhance the nominations of judges is currently in review, and four points were emphasized: the importance of states’ upright practices regarding the nomination of judges, giving the committee charged with the election of judges a more reinforced mandate so that it can produce a more detailed report, the modification of the electoral calendar so that nominations can be submitted earlier, and the heightened transparency and support from states. Although the project is not perfect, Ms. Pena affirmed the importance of adopting this project in its current version. Furthermore, OSJI has investigated the importance of evaluating any improper conduct from potential candidates, particularly regarding allegations of sexual misconduct. As put forward in Article 36 of the Rome Statute, the judges are to be of high moral character, impartiality, and integrity. Thus, any allegation of sexual misconduct could be fatal as it could create an unsafe work environment.
The panel continued with Maria Elena Vignoli from Human Rights Watch (HRW) who went on to discuss the opportunities that the independent expert review will bring to the strengthening of the ICC. HRW believes that it is an appropriate step to enhance the functioning of the Court, so long as it is fully independent and expert-based. Ms. Vignoli said the Court should not see the review’s recommendations as mandatory but that it should remain up to them to take the actions put forward in the review, as it would be counterproductive to use the recommendations to micromanage the court. She further discussed the importance of inclusivity and transparency of the expert review, particularly consulting civil societies. However, HRW does not consider that this review is a panacea or a solution to all problems, but that, if the review is carried out in a credible and legitimate way, it will create a great opportunity to provide guidance and a common framework for the new leadership.
Ms. Antonia Pereira de Sousa, external relations and cooperation officer at the ICC Registry, highlighted four points of regional strategy carried out recently. Cooperation was the first point, including cooperation in the laws of implementation as they are fundamental to realize necessary activities, regardless of whether there’s a preliminary examination in the country. These necessary activities include the relocation of witnesses who need witness protection, the carrying out of sentences, and interim release. The second point was the improvement of balanced geographic and gender representation. Third, the universality of the Rome Statute and finally the promotion of information to promote the participation of the region in the Court were discussed.
The Chair of the Board of Directors of the Trust Fund for Victims, Felipe Michelini reiterated the importance of the ICC as an institution that was complicated to establish, and how a new Rome Statute would be difficult to implement. He talked about the difficulties in Latin America with regard to the ICC’s work, as well as the Rome Statute, and he emphasized four points. First, he noted that knowledge of the Rome Statute and the ICC in Latin America is very poor. Second, he mentioned the need for the region to have strong laws on implementation so that changing political systems won’t be able to derogate such laws. Third, on the subject of victims, he noted that the ICC has long been inspired by the Inter-American Court of Human Rights jurisprudence. And finally, he underlined that the TFV needs to improve the capacity to obtain funds from the private sector and commitment from states, as states can do better than what they are currently doing.
Finally, Jimena Reyes, American Director for the International Federation of Human Rights (FIDH) also highlighted the importance of the independent expert review for the Latin American region. Ms. Reyes further talked about the preliminary examinations in the region. First, she discussed the situation in Venezuela which was referred to the ICC by several States Parties. She explained how important this referral has been, and noted that Venezuela should perceive it as an opportunity to reflect on the current situation and as the opening of a space for dialogue, without which the situation cannot improve. She further touched upon the preliminary examination in Colombia and how professionals in Colombia have perceived this examination as not legitimate due to the duration of it, and the few results. However, Ms. Reyes affirmed that FIDH has extensively accompanied Colombia during the peace process and they found that, although the prosecutor did not open an investigation into paramilitary leaders in 2009, the preliminary examination has been an undeniable opportunity for dialogue and a wave of change in how to talk about peace in Colombia. Last, the situation in Mexico was mentioned, as there has been a discussion about referring the situation in Mexico to the ICC. Ms. Reyes underlined that a preliminary examination is not to be regarded as an embarrassment but rather as an opportunity for a space for dialogue and a situation which would support local justice.