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The Rome Statute at Twenty (1998-2018):10 Challenges to an Effective and Independent International Criminal Court
FIDH – JULY 2018 THE ROME STATUTE AT TWENTY
Introduction
The year of 2018 marks the 20th anniversary of the adoption of the founding treaty of the Inter-national Criminal Court (ICC). This once thought unachievable dream of having an international,permanent and independent court, tasked with prosecuting mass atrocities, was finally realizedin 1998 with the adoption of the Rome Statute. In 2002, the Court became a reality with theStatute entering into force after having been ratified by 60 states. Today, the Court exists. It in-vestigates and, where warranted, tries individuals charged with the gravest crimes of concern tothe international community: genocide, war crimes, crimes against humanity and the crime of aggression. Presently, 123 states are Party to the founding treaty of the International CriminalCourt. The representatives of these states form the Assembly of States Parties (ASP) which actsasthemanagementoversightandlegislativebodyoftheCourt,collectivelyandonanequalbasis.But going from vision to reality has been far from easy. The Court has been faced from its incep-tion with high expectations and has been seen as the primary answer to countless grave crimescommitted around the world. Today the Court and its limitations is somehow better understood.But even as the Court of last resort that it is, victims, civil society organisations and states, con-tinuetocallonittoactinresponsetogravecrimesinsituationswhereimpunityprevailsandlocal justices fail. The increasing work load of the Court has been visible
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and is proof of the Court’sreadinesstoact, yet numerouschallenges to the Court’seffectiveness and independence prevail.Whilethe20thanniversaryisanoccasiontocelebratetheCourt,itisperhapsanevenbetterocca-sion to engage in a collective effort to bring constructive and positive attention to the work of theICC.Reectingonthechallengesfacingthecourttodayisamuch-neededexercisetoaidtheCourtin its work in the coming years in an increasingly challenging environment. To this purpose, TheInternational Federation for Human Rights (FIDH) addresses and formulates recommendationsto 10 challenges to an effective and independent International Criminal Court. These challengesare:1. The Quest for Universality Is at a Standstill2. Cooperation with the Court Is Insufficient3. Investigations, Prosecutions and the Public Image of the Office of the Prosecutor Need ToBe Strengthened4. Sexual and Gender-Based Crimes Must Be Investigated and Prosecuted Systematically5. Victim Participation and Legal Aid Warrant an Increased Attention6. The Rapid Provision of Reparations and Assistance Is Lacking7. Human Rights Defenders and Intermediaries Need Better Protection8. To Some Victims and Affected Communities, the ICC Is Invisible9. ICC Judges & Prosecutor Must Be Elected Based on Merits Only10. Fragile Institution: An Increasing Workload without an Increasing Budget
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See first table on page 4.
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FIDH – JULY 2018 THE ROME STATUTE AT TWENTY
The Rome Statute at 20: what does the Court look like today?
Preliminary Examinations 10Afghanistan, Colombia,Gabon, Guinea, Iraq/UK,Nigeria, Palestine, ThePhilippines, Ukraine,VenezuelaInvestigations 11Burundi, Georgia, CentralAfrican Republic II, Mali, Côted’Ivoire, Libya, Kenya,Darfur/Sudan, CentralAfrican Republic, Uganda,Democratic Republic of theCongoTotal number of cases 26 casesStage of ProceedingsPre-trial 12 casesTrial 4 casesAppeals 1 caseReparation/Compensation 3 casesClosed 6 casesSuspects in custody 6 defendantsSuspects at large 9 defendantsNot in ICC sustody 3 defendants
A glimpse into victims participation in ongoing and concluded cases
Defendant and Situation Number of victims participating orauthorised to participateKatanga (DRC) 366Ongwen (Uganda) 4107Ntaganda (DRC) 2148Bemba (CAR) 5229Gbagbo & Ble Goude (Côte d’Ivoire) 727Al Mahdi (Mali) 9Abu Garda (Darfur, Sudan) 87Al Bashir (Darfur, Sudan) 12Abdallah Banda (Darfur, Sudan) 103Harun & Abd Al Rahman (Darfur, Sudan) 6Kenyatta (Kenya) 725Mbarushimana (DRC) 130Ruto & Sang (Kenya) 6284