Monthly News Update: International Criminal Court – June 2021
By: Inne Flies, Junior Research Associate, PILPG-NL
This news update synthesizes information concerning the International Criminal Court (ICC). This month included, among others, the change of ICC Prosecutor, a United Nations Security Council (UNSC) address, a benchmarking consultation, and a request for judicial authorization to open an official investigation. The presented information is drawn from different online news platforms and ICC documents.
ICC
Mr. Karim Asad Ahmad Khan QC sworn in as the new ICC Prosecutor
On June 16, Mr. Karim Asad Ahmad Khan QC was sworn in as the new Prosecutor of the International Criminal Court during a ceremony held at the Seat of the Court in The Hague. Karim Khan, who was previously elected at the second resumed 19th session of the Assembly of States Parties, will serve a nine-year term. The new ICC Prosecutor’s first remarks were: “this magnificent courtroom, this building and this office that I now lead can be viewed through two different prisms. First, it is an awful testament to the horrors of mankind…but through the other prism, through the other lens, this court and the whole Rome Statute architecture represents, in my view, a promise to the future that tomorrow need not be as bleak, as sorrowful as yesterday.” [June 16, 2021]
Ms. Fatou Bensouda finished her mandate as ICC Prosecutor
On June 15, Ms. Fatou Bensouda’s nine-year mandate as ICC Prosecutor came to an end. At several farewell events, Principals and staff of the Court, State representatives, and a range of other attendees thanked Mrs. Bensouda for her service and dedication. Ms. Bensouda reflected on her mandate: “to be effective, to be just and to be a real deterrent, the Office of the Prosecutor's activities and decisions must be based solely on the law and the evidence. During my tenure, I have done my utmost to live by these convictions in the service of the Rome Statute, without fear or favor.” [June 15, 2021]
Joint NGO Open Letter thanking outgoing ICC Prosecutor Fatou Bensouda
In a joint letter, several NGOs thanked the outgoing ICC Prosecutor Fatou Bensouda for her service and contributions to the ICC. In particular, the NGOs praised Ms. Bensouda for her high degree of independence and constructive engagement with civil society. [June 15, 2021]
ICC Prosecutor Fatou Bensouda publishes Policy on Situation Completion
Outgoing ICC Prosecutor Fatou Bensouda published her Office’s Policy on Situation Completion. The document aims to illustrate the considerations leading to a decision that sufficient prosecutions have been brought in a situation to satisfy the Office of the Prosecutor’s (OTP) mandate under the Rome Statute. According to Ms. Bensouda, the document will help the OTP by providing transparency, clarity, and helpful guidance for responding to questions in connection with the winding down of activities in a situation. The policy is part of a trilogy of procedural policy papers that include the Policy Paper on Preliminary Examinations (2013) and the Policy Paper on Case Selection and Prioritisation (2016). [June 15, 2021]
ICC Prosecutor Fatou Bensouda publishes Policy on Cultural Heritage
Outgoing ICC Prosecutor Fatou Bensouda published her Office’s Policy on Cultural Heritage. The Policy aims, among other objectives, to enhance clarity on the application of the relevant legal framework through all stages of the OTP’s activities. Throughout the policy, the OTP commits to continue recognizing the importance of investigating and prosecuting crimes against or affecting cultural heritage in all cases where the evidence supports such charges. [June 14, 2021]
Trust Fund for Victims bids farewell to outgoing ICC Prosecutor Bensouda
In a letter published on their website, the Trust Fund for Victims (TFV) bade outgoing ICC Prosecutor Fatou Bensouda farewell and thanked her for her tenure. The TFV noted, among other things, its deep appreciation for placing victims at the center of ICC policies and actions, including Bensouda’s focus on sexual crimes and crimes against children, which demonstrated, according to the TFV, her acute awareness of the persons for whom justice and accountability needs to be achieved. [June 11, 2021]
AFRICA
Sudan | ICC Prosecutor Statement to UN Security Council on the Situation in Darfur
On June 9, ICC Prosecutor Fatou Bensouda addressed the United Nations Security Council regarding the Situation in Darfur. The ICC Prosecutor opened her statement by paying homage to the Darfur victims and reflecting upon her recent visit to Darfur. According to Ms. Bensouda, the ICC and the Government of Sudan are now engaged in constructive dialogue and cooperation. Her Office’s investigators have already undertaken activities in Sudan and are now preparing for a visit to Darfur. Further, Ms. Bensouda highlighted some positive developments but also stressed the existence of ongoing challenges, such as the volatile security situation in some Darfur areas and the need to execute outstanding ICC arrest warrants. This briefing was Ms. Bensouda’s last address to the UNSC in her capacity as ICC Prosecutor. [June 9, 2021]
Sudan | Appeal related to Mr. Abd-Al-Rahman’s request to be released rejected
The Appeals Chamber rejected Mr. Ali Muhammad Ali Abd-Al-Rahman’s appeal against the Pre-Trial Chamber’s decision to remand him in detention. Mr. Abd-Al-Rahman claimed that the Pre-Trial Chamber committed several errors of law and fact. However, the Appeals Chamber ruled that he did not meet the required burden of substantiation. [June 2, 2021]
Sudan | ICC Prosecutor Bensouda visits Sudan
ICC Prosecutor Fatou Bensouda and her team visited Sudan. During the visit, they met with authorities, affected communities in Darfur, and other stakeholders. Bensouda expressed her admiration for the Darfurians’ courage, resilience, and quest for justice, as well as stressing the need for cooperation with her Office to ensure the surrender of remaining ICC suspects. [May 30 - June 2, 2021]
THE AMERICAS
Colombia | ICC Prosecutor invites stakeholders to consult on the development of a benchmarking framework for the Situation in Colombia
ICC Prosecutor Fatou Bensouda published a benchmarking consultation concerning her Office's ongoing preliminary examination into the situation in Colombia. The report details why the situation is still under preliminary examination and what remains to be done before a final determination can be reached (either to open investigations or to conclude the preliminary examination subject to its re-opening upon a change in circumstances). The report suggests that the consultations may focus on three areas: domestic legislative framework, domestic proceedings, and enforcement of sentences. All three areas impact the cases over which the ICC could potentially exercise jurisdiction. This information will assist the incoming Prosecutor to reach a decision on the need for an investigation. [June 15, 2021]
ASIA
The Philippines | ICC Prosecutor Statement on her request to open an investigation in the Situation in the Philippines
ICC Prosecutor Fatou Bensouda announced the conclusion of the preliminary examination into the situation in the Republic of the Philippines and her request for judicial authorization to proceed with an investigation. The ICC Prosecutor determined that there is a reasonable basis to believe that the crime against humanity of murder has been committed on the territory of the Philippines between July 1, 2016 and March 16, 2019 in the context of the Government of the Philippines’ “war on drugs” campaign. In addition, the OTP also reviewed information related to allegations of torture and other inhumane acts and related events occurring as early as November 1, 2011 (the beginning of the ICC’s jurisdiction in the Philippines). Although the Philippines has withdrawn from the Rome Statute as of March 17, 2019, the ICC retains jurisdiction over crimes that allegedly occurred during the period when it was a state party to the Rome Statute. [June 14, 2021]