P a r l i a m e n t a r i a n s f o r G l o b a l A c t i o n
Acción Mundial de Parlamentarios
Action Mondiale des Parlementaires
Progress of the PGA ICC Campaign & Latest News Concerning the ICC
11 November 2006
Dear Members and Partners of Parliamentarians for Global Action,
We are delighted to update you on the latest developments of the PGA International Criminal Court (ICC) Campaign as well as developments at the ICC. The last months have brought significant advancements on the ICC Dossier in several countries in which there have been events organised by Parliamentarians for Global Action. In particular, (i) the accession of Japan to the ICC system, thanks to the leadership of PGA Members, making it the 105th State Party, (ii) a high-level Round-Table Discussion on the ICC hosted by the Parliament of Nepal in Kathmandu on 28 September and, during the very intense month of October, (iii) a mission of Chilean MPs came to The Hague for a series of meetings at the ICC, the Dutch Parliament and other Hague-based institutions. PGA Members also launched and participated in initiatives on the ICC in (iv) Suriname , (v) the Czech Republic and (vi) Albania .
As always we remain at your disposition for any information on the ICC, and we look forward receiving updates and comments on your own activities for the promotion of justice, human rights and the Rule of Law worldwide.
Sincerely yours,
PGA International Law and Human Rights Programme’s Team
Dr. David Donat Cattin, Director of Programme [http://us.f139.mail.yahoo.com/ym/Compose?To=donat@pgaction.org&YY=31350&order=down&sort=date&pos=0&view=a, The Hague , tel. +31-6-2331-8581]
Peter Barcroft, Senior Programme Officer [http://us.f139.mail.yahoo.com/ym/Compose?To=peter.barcroft@pgaction.org&YY=31350&order=down&sort=date&pos=0&view=a, New York , +1-212-6877755 ext. 114]
Deborah Ruiz Verduzco, Programme Officer, [http://us.f139.mail.yahoo.com/ym/Compose?To=deborah.ruiz@pgaction.org&YY=31350&order=down&sort=date&pos=0&view=a, Geneva/Hague +41-76-377-6245]
Tiphanie Crittin, Programme Associate, [tiphanie@pgaction.org, New York +1-212-687-7755 ext. 102]
Contents
A. PGA’S ICC CAMPAIGN
I. Japan
II. Nepal
III. Chile
IV. Suriname
V. Czech Republic
VI. Albania
B. DEVELOPMENTS AT THE ICC
I. Situation in Darfur : Arrest Warrants
Situation in Central Africa Republic : Commencement of investigations
III. Situation in DRC: Second arrest, Mr. Germain Katanga
IV. Report of President Kirsch to the UNGA: The Obligation to Cooperate with the Court
C. CALENDAR OF EVENTS
A. PGA’S ICC CAMPAIGN
I. JAPAN
As a result of the successful multi-party mobilization of PGA Japan, which also led to the celebration of the IV Consultative Assembly of Parliamentarians for the ICC & the Rule of Law in the Japanese Parliament (Dec. 2006), the Government deposited the instrument of accession to the Rome Statute of 17 July 2007 at the United Nations. PGA and PGA Japan issued two statements welcoming Japan as the 105th State Party to the Rome Statute, a development that was made possible by the unanimous vote in the Lower House on 27 February 2007 (statement delivered by PGA Members Mrs. Moriyama MP and Mr. Tooyama MP) and in the Upper House on 27 April 2007 (statements delivered by PGA Board Member Sen. Inuzuka). PGA Japan will now play a leadership role in the PGA ICC Campaign, especially in Asia .
II. NEPAL
On 28 September 2007, Parliamentarians for Global Action (PGA) organised a Round-Table Discussion on the Accession and Implementation of the Rome Statute of the International Criminal Court (ICC) in Nepal, hosted by the Speaker of the Parliament of Nepal, Mr. Subas Nembang, MP, who opened the session with a very strong pro-ICC statement, which was warmly welcomed by the Convenor of the PGA Int. Law & Human Rights Programme, Sen. Raynell Andreychuk of Canada (see http://www.pgaction.org/prog_inte_past.asp?id=316 ).
Representatives of the UN Office of the High Commissioner for Human Rights, Amnesty International and the CICC, as well as local, international NGOs and the academia attended this event, which saw the active participation of 16 MPs from all major political parties of Nepal . At the end of the meeting, all participating MPs joined in a consensus in support of the prompt accession of Nepal to the Rome Statute of the ICC, an instrument that may be able to deter and prevent future crimes against humanity and war crimes and play a positive role for the stabilisation and transition to democracy and the Rule of Law after more than a decade of conflict.
The Round-Table Discussion was preceded by separate consultations with Nepali high officials of the Nepali Government and political parties on the importance of the ICC for a country in transition as Nepal is. During the same week (24-28 September) Amnesty International arranged a number of coordinated meetings and consultations with some of these high officials and with NGOs in Kathmandu , to which the CICC and PGA had also the possibility to participate.
The Round-Table and the connected consultations on the ICC have been assessed as extremely useful by participating MPs, including members of the Maoist Party who joined Parliament after that a pro-ICC resolution had been adopted in July 2006. Observers noted that these meetings promoted awareness and understanding of the Rome Statute of the ICC among concerned MPs and other stakeholders. It is hoped that the recent postponement of the political elections and the ongoing tension in Nepal will not be a cause of further delay of the ICC process.
Accession could occur after elections, which have been postponed to the I half of 2008. Nepal is emerging from more than 10 years of violent conflict, and the Maoists are now part of the Parliament: although not yet in support of the ICC, the Maoists are ready to consider it.
Regarding the procedure to finalise accession, top Government officials informed PGA in Kathmandu that the Bill for ICC Accession has been already prepared and transmitted to the office of the Prime Minister for its approval and further transmission to Parliament.
PGA needs to work again with Nepali MPs and partners in Kathmandu (EU, UN OHCHR, NGOs) to maintain the momentum in support of ICC accession, after the elections to be held in early 2008.
III. CHILE
On 7-9 October 2007, PGA organized a mission to The Hague for a delegation of Legislators from Chile , aiming at allowing these stakeholders to share, discuss and clarify their concerns on the possible membership of Chile to the ICC. The mission also aimed at strengthening the role of Parliamentarians in consolidating a universal, independent and effective ICC, while striving to involve MPs who had expressed doubts and concerns during the almost 7 years of ICC process in Chile, the only Spanish-speaking country in South American not yet a State Party to the Rome Statute.
The participating parliamentarians, Sen. Carlos Cantero (Renovacion National, opposition), Dip. Maximiano Errazuriz (RN), Dip. Marta Isasi (Indep., opposition) and Dip. Tucapel Jiménez (Indep., majority) accompanied by former PGA member Mr. César Jaúregui (Vice-President of the Senate of Mexico, 2000-06), met with the President of the Court, Judge Philippe Kirsch, the Chief Prosecutor, Mr. Luis Moreno Ocampo, and other officials and experts in The Hague.
As immediate result, Sen. Cantero, who at the end of the meetings in The Hague expressed his new commitment to work on the ICC dossier, invited President Kirsch to a round-table held at the Chilean Senate in Santiago on 25 October 2007 (therefore, maximizing the impact of President Kirsch’s journey to Chile for an academic conference). In the televised event, Sen. Cantero committed himself to request government MPs to request the constitutional amendment bill be given “priority” while he will try to gather enough support to ensure the bill receives the necessary number of votes from Renovacion Nacional, his own party, which so far has not endorsed ratification. With upcoming electoral campaigns, the RN candidate for opposition leader has expressed himself in favour of the ICC, and Sen. Cantero will make use of this support to materialize the ratification. The PGA Secretariat will continue its work in cooperating with Chilean MPs on the ICC dossier, including by providing advice to a larger delegation of MPs that might visit The Hague in early 2008 with the assistance of the European Commission.
In addition to the appreciation of PGA for Dip. Errazuriz (member of PGA), who made this event possible, we are delighted to report that Sen. Cantero, Dip. Jimenez and Dip. Isasi decided to join the PGA network.
A PGA micro-site containing relevant documents and pictures can be consulted at http://pgaction.org/prog_inte_past.asp?id=318 .
IV. SURINAME
In early July 2007, PGA Members from Suriname formed a Working Group on the ICC to re-activate the ICC process, which they had started in March 2004 after the PGA Brasilia Conference that saw the participation of PGA Executive Committee Member Dr. Ruth Wijdenbosch, MP. The process stalled since the autumn of 2004 in light of the perceived political cost for Suriname in joining the Rome Statute without entering into a Bilateral Non Surrender Agreement with the USA .
In August 2007, the PGA Working Group, chaired by Dr. Wijdenbosch, MP, organised a consultation between MPs from the various political parties of Suriname and the Ministers for Foreign Affairs and for Justice, finding out that the ICC Accession Bill was still pending within the Ministry of Foreign Affairs.
In September 2007, in furtherance to the advocacy of PGA Members, Suriname’s President Venetiaan announced in Parliament his commitment to join the ICC in the fist half of 2008. Dr. Wijdenbosch and PGA’s working group have gathered enough multi-party support to ensure the bill will be promptly approved by Legislators, whereby an eventual Non Surrender Agreement would most likely be rejected due to lack of support (see the statements of Dr. Wijdenbosch reproduced in the Caribbean Times of 24 October 07: http://www.caribbeannetnews.com/news-4113--36-36--.html ) .
On 7 and 8 November, a PGA delegation from Suriname traveled to The Hague and met with ICC Vice-President Judge Renee Blattman ( Bolivia ), other officials at the Court, the Ministry for Foreign Affairs, and the Dutch Parliament. The great interest Court officials and Dutch authorities in receiving Suriname ’s support for the ICC system re-inforced the commitment of Surinamese Legislators, and boosted their confidence in the fundamental role that the ICC can play to achieve international peace and security.
Dr. Wijdenbosch announced during the meeting her interest in organizing an event on ICC implementation in Suriname : the proposal was warmly welcomed by those who received the delegation in The Hague . The event could be sponsored by the Parliament and be held, with PGA’s support, in the second half of 2008. It could serve as a catalyst for implementing legislation in the region.
Dutch media was also interested in the visit of the Surinamese delegation, and media outlets on interviews made on the subject featured Dr. Wijdenbosch’s firm commitment to achieve accession.
A micro-site on Suriname has been prepared within PGA’s website: http://www.pgaction.org/ .
V. CZECH REPUBLIC
Being the single member of the European Union that has not joined the ICC, the Czech Republic remains the target of sustained efforts to promote ratification. In this context, PGA was invited to provide an expert-input to the Foreign Affairs Committee and Foreign Affairs Ministry Seminar held in Prague on 4 Oct. 2007 . On the same date, PGA co-organised with the Czech League for Human Rights and the CICC a debate in Parliament in which the spokespersons on the ICC of the 4 major political parties presented the reasons why they support or oppose ratification. Only one MP, Mr. Marek Benda of the ODS (Civic Democratic Union), expressed serious concerns against ratification, which however are not shared by the majority in his party, led by pro-ICC Prime Minister Toponalek. Mr. Jan Hamáček, MP (SDP), Chairman of the Foreign Affairs Committee, expressed its full commitment to the prompt completion of the ICC process, which requires the adoption of a constitutional law with the concurrence of a 3/5 majority. Foreign Minister Karel Schwarzenberg (Greens) announced the imminent transmission to Parliament of such a Bill.
PGA will continue and intensify its outreach to Czech Lawmakers as soon as the Executive will table the ICC Bill before Parliament. Members of PGA in Germany manifested their interest to reach out to their Czech colleagues in support of this endeavour.
VI. ALBANIA
On 6 Nov. 2007 , PGA organised a high-level Round-Table Discussion on ICC Implementing Legislation in the Parliament of Albania, in Tirana, in order to generate a new political momentum to ensure the full cooperation of Albania with the ICC and the incorporation of Rome Statute’s crimes and general principles into national law. The Round-Table saw the participation of legislators from all major political parties, including Mr. Fatos Beja, MP (Deputy-Speaker and Chair of the Committee on Laws), Mr. Prec Zoggi, MP (Chair of the Foreign Affairs Committee), former Justice Ministers Mr. Aldo Bunci, MP and Mr. Spiro Peci, MP.
After a fruitful debate with the PGA delegation led by the Chair of PGA Italy, Mr. Alessandro Forlani MP, and German PGA Member Dr. Herta Daubler-Gmelin MP (Chair of the Human Rights Committee of the Bundestag and Former Minister of Justice), legislators agreed that Albania needs new legislation to establish procedures to cooperate fully with the ICC, while the ratification of the ICC Statute – which rendered the Rome Statute’s crimes directly applicable by the Albanian judiciary – should be supplemented with legislation defining the penalties for each type of crimes against humanity and war crimes, as well as for the crime of genocide. PGA will work with the Members of the Committee on Laws to share the legislative experiences of various countries, including Germany and Spain , so to facilitate the process of legislative drafting. PGA Int. Councillor Ms. Ermelinda Meksi, MP (formerly Minister for European Integration) concluded the meeting affirming the determination of all participating MPs to make sure that the preparation and adoption of the ICC implementing legislation is given priority and urgency in the National Assembly within the framework of EU integration.
The PGA delegation - including two members of the PGA ICC team - was also received by the Minister of Defense Mr. Fatmir Mediu (former PGA Member and main promoter of ICC ratification in 2002) and the Minister of Interiors, Mr. Bujar Nishami MP (PGA Member), who fully supported the legislative initiate to implement the ICC Statute into the national legal order.
In their statements at the Round-Table Discussion, Mr. Forlani, MP, stated the commitment of the Italian PGA Members to re-activate the ICC implementation process with the Government and Parliament in Italy, where various draft laws have been already drafted and deposited in Parliament, while Dr. Daubler-Gmelin, MP, affirmed her engagement to promote the universality of the Rome Statute through the work the Bundestag and the Parliamentary Assembly of the Council of Europe (PACE), where she serves as rapporteur of a new resolution that calls all Council of Europe Member States to ratify and implement the Rome Statute.
It must be noted that, on 19 Sept. 2007, Dr. Daubler-Gmelin chaired an hearing of the Bundestag Human Rights and Humanitarian Aid Committee in which the Director of the PGA Int. Law and Human Rights Programme, Dr. David Donat Cattin, was heard by the Committee on the challenges ahead the ICC and the role that Parliamentarians and ICC Member States can play in the fight against impunity. The Bundestag will continue to work on the ICC, particularly its challenges in Africa and concerning the crime of aggression, which is in the agenda of the Review Conference of the Rome Statute to be held in early 2010.
FOR THE NEXT EVENTS OF THE PGA ICC CAMPAIGN, PLEASE SEE BELOW CALENDAR OF ACTIVITIES.
B. DEVELOPMENTS AT THE ICC
The last months have also proven an increased activity at the ICC. Please find herein the most relevant developments.
I. DARFUR SITUATION: ARREST WARRANTS AGAINST TWO SUDANESE NATIONALS
On 2 May 2007, having reviewed the submission of the Prosecutor, the Pre-Trial Chamber I issued warrants of arrest for crimes against humanity and war crimes for Ahmad Muhammad Harun, former Minister of State for the Interior of the Government of Sudan and currently Minister of State for Humanitarian Affairs, and Ali Muhammad Ali Abd-Al-Rahman ("Ali Kushayb"), a leader of the Militia/Janjaweed. The Court continues calling the international community to use the best diplomatic resources to ensure that all available efforts are made with the Sudanese government to ensure the enforcement of the arrest warrants.
II. CENTRAL AFRICAN SITUATION: COMMENCEMENT OF INVESTIGATION IN CENTRAL AFRICAN REPUBLIC
Based on a referral made by Central African Republic in 2001 and preliminary analysis of the Office of the Prosecutor, on 22 May 2007, Prosecutor Luis Moreno Ocampo announced his decision to open an investigation for alleged crimes committed in the period 2002-2003, which includes massive rapes, killings, and lootings in ‘numbers that cannot be ignored by the international community”. This is the 4th situation investigated before the Court.
III. DRC SITUATION
The second individual under custody of the ICC was transferred to The Hague on October 17, 2007 when Congolese authorities surrendered and transferred Mr. Germain Katanga, a Congolese national and alleged commander of the Force de résistance patriotique en Ituri [Patriotic Resistance Force in Ituri] (“FRPI”), to the International Criminal Court (ICC). The ICC arrest warrant of Mr Katanga concerns the alleged commission of war crimes and crimes against humanity related to the planning and ordering of the destruction of an entire town in 2003.
IV. REPORT OF THE ICC TO THE UN
On 2 Nov. 2007 , President Philippe Kirsch presented the Annual Report of the ICC to the United Nations. In his report, the President recalled that it were the States who created the Court, and hence it reminded that is up to the States to ensure that the decisions of the Court are enforced as far as the ICC does not have its own police or military force. This statement responds to the views that the international community is not doing enough to ensure that justice prevails and is too often considered as a “secondary” aspect of peace. The ICC is hence increasing its profile to highlight the lack of enforcement of the arrest warrants by the Court, which is a responsibility not only of the territorial States but of all States Parties to the Rome Statute.
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III. CALENDAR OF EVENTS
PGA Campaign for the International Criminal Court (ICC) *
UPCOMING EVENTS 2007
Nov. 20, 2007: Round-Table Discussion on the Fight against Impunity and the Access of Victims to Justice
(co-organised by the Africa Rights, the CICC, PGA and Redress as side-event to the 14th ACP-EU JAP)
Venue: African Caribbean Pacific-European Union Joint Parliamentary Assembly (ACP-EU JAP), Kigali , Rwanda
Nov. 24 or 25, 2007: (to be confirmed) Round-Table Discussion on Accession to the Rome Statute in Turkey
Venue: Turkish Parliament, Ankara
Nov. 30- Dec. 14, 2007 : Participation of PGA delegation in the ICC Assembly of States Parties (ASP)
Venue: ICC Assembly of States Parties, United Nations, New York
Dec. 14-15, 2007 (tentative dates): Briefings and Consultations on ICC Implementing Legislation and Effective Cooperation with Parliamentarians of Liberia , Sierra Leone [ Nigeria and Ghana ]
Venue: Parliament of Sierra Leone , Freetown
PAST EVENTS 2007
January 23-24, 2007: PGA Briefings for Legislators on the occasion of the visit by ICC President Judge Kirsch to Guatemala
Venue: Congress of Guatemala , Guatemala City
February 2, 2007: PGA Presentation at the Organisation of American States’ Seminar on the ICC (OAS Permanent Council, Legal and Political Affairs Committee)
Venue: Organisation of American States (OAS) Headquarters, Washington DC
February 9, 2007: Round-Table Discussion on ICC Ratification and Implementation in Indonesia
Venue: Parliament of Indonesia , Jakarta
March 21-22, 2007: Regional Seminar for Parliamentarians on the ICC with focus on gender justice (organised by HUMANAS, in partnership with the Human Rights Committee of the Chamber of Deputies of Chile, PGA and the CICC - support of the European Commission)Venue: Santiago , Chile
June 10-12, 2007: Meeting of the Working Group on the Universality of the ICC in Arab countries and visit to the ICC
Working Group of the Consultative Assembly of Parliamentarians for the ICC and the Rule of LawVenue: ICC and Parliament of the Netherlands , The Hague , The Netherlands
Sept. 20-21, 2007: PGA Presentation at the Seminar on the Future of the ICC (co-organized by the Parliament of Berlin, the German Red Cross, Amnesty International, Human Rights Watch and the German UN-Foundation)
Venue: Parliament of Berlin-Bundesrat , Berlin
Sept., 24-28, 2007: Mission of PGA to Nepal and Round Table Discussion on the Accession and Implementation of the Rome Statute of the ICC, in cooperation with Amnesty Int. and the CICC and the participation of the UN Off. of the High Comm. for Human Rights
Venue: Parliament of Nepal and other national institutions, Kathmandu , Nepal
Oct. 4, 2007: PGA Presentation at the Seminar on the ICC (co-organized by the Swiss and Dutch Embassies in Prague, the International Committee of the Red Cross and the Ministry of Foreign Affairs of the Czech Republic)
Venue: Foreign Affairs Committee, Chamber of Deputies, Parliament of the Czech Republic , Prague
Oct. 7-9, 2007: Visit of Delegation of Legislators from Chile to the ICC and other institutions in The Hague
Venues: ICC Premises, Dutch Parliament and States Parties, The Hague , the Netherlands
Oct. 25, 2007: Seminar “Reflections and Analysis of the Ratification of the Rome Statute by Chile on the occasion of the visit of ICC President Judge Philippe Kirsch (organised by Sen. Cantero and co-sponsored by PGA)
Venue: Senate Hall, Historic Premises, Santiago , Chile
Nov. 5-6, 2007: Consultations on ICC Implementing Legislation and Effective Cooperation with Parliamentarians
Venue: Parliament of Albania , Tirana
Nov. 6-7, 2007: Visit of Delegation of Legislators from Suriname to the ICC and other institutions in The Hague
Venues: ICC Premises, Dutch Parliament and Ministry for Foreign Affairs, The Hague , the Netherlands
ONGOING ACTIVITIES / ACTIVITIES UNDER PREPARATION
Projects of PGA Legal Team on Implementing Legislation through Technical Assistance, Mission and Briefings
Venue: Relevant Parliaments and/or connected institutional partners and/or The Hague, The Netherlands
Parliamentary Initiative on Strengthening the Fight Against Impunity in the Democratic Republic of Congo
§ First Half 2008: Parliamentary Seminar/Round-Table Discussion
§ Second Half 2008: International Parliamentary Conference on Peace and Justice
Venue: Kinshasa , DRC
N.B.: Please note that these events are preceded by, coordinated and followed up with country-specific actions and activities.
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Parliamentarians for Global Action (PGA) is a network of 1,300 individual legislators from 117 elected Parliaments drawn from all regions of the world. The PGA ICC Campaign receives support from the European Commission,
European Union, and the Governments of Belgium , The Netherlands and Switzerland. PGA receives core support from Denmark and Sweden .
* Events listed in this Calendar of planned political and/or strategic meetings are subject to the availability of necessary funds and will be organized if they maintain their anticipated potential to advance the ICC cause in a given country/situation.
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