18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 5 (6 December 2019)
Name of the Event: Turning Challenges into Opportunities: Rethinking the UN and Civil Society Cooperation towards accountability in Syria and Myanmar (Side Event co-hosted by the Netherlands and Switzerland)
Overview by: Francisca De Castro, Junior Research Associate PILPG-NL
Summary of the Event:
This panel discussion on UN and Civil Society cooperation towards accountability in Syria and Myanmar was moderated by Nynke Staal, legal officer of the Ministry of Foreign Affairs of the Netherlands. Ms. Staal first noted that the name of the event reflects the situation perfectly, since a couple of years ago there was just hope that the situation in Syria would be referred to the ICC, and as the call is still there, in the meantime, the international community established accountability mechanisms like the International, Impartial and Independent Mechanism (IIIM) for Syria.
Ms. Staal touched upon several challenges the IIIM faces. During expert meetings, it became evident that there was a clear need for building trust between the international and Syrian community as after all these years civil society had lost trust. Communication was needed. The Netherlands and Switzerland organized meetings between Syrian civil society and the IIIM to see which relationships needed to be built. A second challenge of the IIIM was the clarification of its purposes and to manage expectations. This process continues to this day and has resulted in a protocol. Dialogues on specific issues continue, but one of the results the IIIM has taken upon itself is to take a victim centered approach.
Ms. Catherine Marchi-Uhel, head of the IIIM, talked about the necessity of the IIIM and the challenges it faces. She stated that professionals in the international community have a certain prejudice that civil society doesn’t speak the same diplomatic and technical language and that they have unreasonable expectations. National organizations sometimes forget that international NGOs are at the forefront of shifting the attention of the international community through information and advocacy. Ms. Marchi-Uhel stated that international civil society organizations and national organizations are not mutually exclusive, they are in clear need of one another. CSOs role was not limited to documenting the atrocities, they play a critical role placing crimes in the relevant contexts. They provide feedback on lessons learned which proved extremely useful to the IIIM. The IIIM’s mandate focuses on filling gaps in targeted investigations and it assists courts and tribunals which prosecute or may prosecute in the future. Ms. Marchi-Uhel reminded participants that the IIIM can only assist prosecutions within jurisdictions that respect due process and human rights. She said that domestic jurisdictions are doing the utmost to make use of all possibilities for justice, including using universal jurisdiction to prosecute higher-ranking officials.
Mr. Refik Hodzic, communications advisor for the Independent Investigative Mechanism for Myanmar (IIMM), explained how his job is illustrative of the commitment to building the relationship between civil society and professionals of the international community. He was brought to the mechanism to try to conceptualize the strategy of engagement with civil society. Many lessons are to be learned from the IIIM. Around 80%-90% of efforts are currently made to populate the institution with staff that could competently carry out the mandate. Mr. Hodzic said that the crucial role of civil society plays is evident. It is unfolding in the context which is very challenging on various fronts. However, there are many other external challenges that impact the capacity of the mechanism to build a constructive relation with civil society. Mr. Hodzic mentioned that the IIMM focuses on establishing substantive relationships with people who are most affected by the success of the institution. Those people are also the main source for evidence collection. One of the challenges for the IIMM is the situation in Bangladesh. The possible repatriation of refugees in Bangladesh towards Myanmar means that witnesses might become inaccessible to the mechanism. Mr. Hodzic furthermore said that a problem for the victims is that they have to provide their testimonies continuously, to different organizations, without knowing what is being done with the information. The IIMM is thinking of ways to show results to those testifying so that progress can be followed. Mr. Hodzic mentioned how this can also give victims a space for advocacy for as they have the feeling that their work matters.
Mr. Christian Mahr, director of external operations at the ICC Registry, talked from the viewpoint of the Court. He highlighted the importance of victim participation and cooperation between civil society and the organs of the Court. He said that cooperation does not not only mean getting the victims to talk about their situation, but also bringing the Court outside of The Hague and into the field. He emphasized that during the preliminary examination stage, it is about trying to find partnerships with civil society to find credible information as to open an investigation. He highlighted that the ICC provides retributive and restorative justice (through the TFV) which is why this contact is important not only in the preliminary examination stages but also during and after potential trials.
The last two panelists to intervene where Mr. Mazen Dawish from the Syrian Center for Media and Freedom of Expression and Ms. Razia Sultana, chairperson of the Rohingya Women Welfare society, who spoke about their experiences as both victims and members of civil society groups. Mr. Dawish was rejoiced to see that there is an increasing respect for civil society and acknowledgment of partnership between civil society and international institutions working towards accountability. He noted that the work of the IIIM has helped to create a partnership based on trust and cooperation. From the civil society viewpoint, he mentioned that civil society was at first reluctant to work with the IIIM because they feared that the IIIM would take resources in Syria without truly accomplishing anything. But he was rejoiced that cooperation with the IIIM bore its fruits. He said that the partnership has helped to increase civil society’s knowledge and professionalism, and it has helped the IIIM to better understand the needs of civil society, and thus being able to give more specific help. He noted that civil society remains to face some challenges, like expanding their tools and partnering with the right organizations that have the potential to be useful in achieving justice. Ms. Razia Sultana, talked about the dire conditions of women in refugee camps in Bangladesh, and how they are still being persecuted as women. In fact, reports have shown that there is systematic rape happening to the Rohingya. She said that victims want the criminal justice system to repair the harm that has been done to them, like the restoration of citizenship that was taken from them, and that only through the exchange with organs like the IIMM can they truly tell their story and help the international community understand their needs.