A newly published paper by the International Bar Association’s (IBA) International Criminal Court and International Criminal Law Programme (ICC & ICL Programme) calls for greater support to be provided to the world’s first permanent international criminal court, and for cooperation gaps to be addressed by the countries that are legally bound by the provisions of the Rome Statute – the treaty that established the ICC.

Dr Mark Ellis, IBA Executive Director, commented: ‘The ICC continues to operate in a challenging climate. The lack of cooperation on arrests by State and Non-State Parties, aggressive attacks against the Court by the United States administration, and several internal missteps have placed the Court in a precarious situation. Thus, it is exceedingly important that the Assembly of States Parties shows tangible support for the Court to underscore the essential responsibility that all of us have in advancing international justice.’

Directed mainly at the States Parties to the Rome Statute, the paper was circulated during the 18th session of the ASP, which took place on 2–7 December 2019 in The Hague, the Netherlands. In the paper, the ICC & ICL Programme calls for increased active engagement by the States Parties and for them to reaffirm their commitment to the ICC’s mandate.

Other priorities and recommendations set out by the ICC & ICL Programme include:

• increasing state cooperation for interim and final release;
• ensuring a genuine and meaningful review of the ICC that strengthens the fairness, efficiency and effectiveness of the Court;
• supporting a meaningful revision of the ICC Legal Aid policy;
• finding a sustainable source of funding for family visits;
• nominating qualified candidates for the upcoming ICC elections of the next ICC Prosecutor and six judges, all to be elected in 2020;
• improving geographical representation and gender balance in the Court’s staff; and
• ensuring the ICC is a safe working environment for all.

For full details of the IBA priorities and recommendations for the 18th ASP, click here.

The ICC relies on the cooperation of States Parties to accomplish a number of core functions, including the implementation of arrest warrants, witness protection and relocation, interim and final release of persons, and enforcement of sentences. The annual ASP provides an opportunity for States Parties and other stakeholders, including civil society and counsel, to present their views regarding the ICC’s work, and to demonstrate support.

During the 2019 ASP, the ICC & ICL Programme co-convened a panel discussion with The Netherlands and the ICC on ‘State cooperation and respect for human rights: Finding solutions in cases of (interim) release’. As of 2019, there are two framework agreements concerning interim release and one agreement concerning final release. In comparison, there are 21 agreements concerning witness relocation and 12 agreements regarding enforcement of sentences. The event sought to identify practical solutions to the challenges faced by the ICC in signing voluntary cooperation agreements, and encouraged States Parties to strengthen their support for interim and final release of detained persons.

The panel was moderated by Kate Orlovsky, Director of the IBA’s ICC & ICL Programme. Participants included:

• HE Ambassador Paul van den Ijssel, Permanent Representative of the Netherlands to the ICC;
• HE William Roelants de Stappers, Ambassador of Belgium and Permanent Representative to the International Institutions in The Hague;
• Peter Lewis, ICC Registrar;
• Erica Lucero, Counsellor of the Embassy of Argentina; and
• Melinda Taylor, Lead Counsel for Al Hassan at the ICC.

Furthermore, the ICC & ICL Programme participated in a side event organised by The Netherlands and the ICC Registry on the ‘Rights of indigent detainees to family visits: a conversation on the sustainability of the ICC Trust Fund for Family Visits’. Participants included: Ms Orlovsky; Mr Lewis; Joachim Bertele, Director for International Public Law at the Federal Foreign Office, Germany; and Marie-Hélène Proulx, Associate Counsel for Al Hassan and member of the ICC Bar Association Executive Council. The event was moderated by HE Ambassador Paul van den IJssel. The discussion focused on how to improve state participation in the Trust Fund for Family Visits – a voluntary fund to facilitate family visits to indigent detainees. The right to receive family visits is a recognised human right under international law and the ICC’s jurisprudence. The lack of contributions has left the Trust Fund empty, with the result that family visits cannot take place. This can have a serious impact on the psychological wellbeing of detainees, which in turn can have negative consequences for the efficiency of the judicial process.

Kate Orlovsky, Director of the ICC & ICL Programme, said: ‘During the ASP, States Parties can and should be providing necessary cooperation to support a permanent court, taking into account the full scope of the Court’s obligations. Pre- and post-conviction issues, such as agreements to allow for provisional release and post-sentence release of individuals, are not extras – they form part of the commitment to a fair and sustainable justice process. The ICC President has underlined the clear obligation to fund family visits for indigent detainees, and states must step up to do so, either through the Trust Fund or the regular budget. At a moment when many of the Court’s operational needs are under review, these must be given due attention.’

ENDS

Notes to the Editor

1. Click here to download the Priorities and Recommendations for the 18th Session of the International Criminal Court Assembly of States Parties
2. Click here to download the Discussion Paper Provisional release, release at advanced stages of proceedings, and final release at international criminal courts and tribunals
3. About the IBA International Criminal Court and International Criminal Law (ICC & ICL) Programme:
   The IBA commenced the ICC & ICL Programme in 2005. The Programme monitors issues related to fairness and equality of arms at the ICC and other Hague-based war crimes tribunals, and encourages the legal community to engage with the work of these courts. The IBA’s work includes thematic legal analysis of proceedings, and ad hoc evaluations of legal, administrative and institutional issues that could potentially affect the rights of defendants, the impartiality of proceedings and the development of international justice.
   
   The ICC & ICL Programme also acts as the interface between the Courts and the global legal community. As such, special focus is placed on monitoring emerging issues of particular relevance to lawyers and collaborating with key partners on specific activities to increase engagement of the legal community on ICC and ICL issues. Programme information is disseminated through regular reports, expert discussions, workshops and other events and expert legal analysis on issues relevant to our mandate.
   
   Based in The Hague, the ICC & ICL Programme consults and interacts with court officials, civil society organisations, academics and international lawyers.
4. The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, it was born out of the conviction that an organisation made up of the world's bar associations could contribute to global stability and peace through the administration of justice.

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