OAS Presentation to - Washington, D.C February The Trust Fund for Victims International Criminal Court.

Transcription

1 OAS Presentation to - Washington, D.C February 2016 The Trust Fund for Victims International Criminal Court Felipe Michelini Mr. President Permanent Representatives to the OAS Delegates from Intergovernmental Organizations Members from non-governmental organizations Panel members Please be greeted by the Board of Directors of the Trust Fund for Victims at the International Criminal Court; by its President, Mr. Motoo Noguchi form Japan; its members Mama Dubois of Mali, The Baronesse Arminka Helic from the United Kingdom of Great Britain; its Executive Director Pieter de Baan, and by myself. In the same way, it is to express the gratitude for the invitation to participate in this working meeting on the International Criminal Court. You must also receive the congratulations for this Ninth Edition of this activity, which reflects the interest and the commitment to fight against impunity when spreading the System created by the Rome Statute. As it has been already expressed by the distinguished members of this panel, the Rome Statute has as essential task to put an end to impunity for the perpetrators of grave crimes that concern to the international community as a whole. These are atrocities such as genocide, war crimes, crimes against humanity and aggression. The Statute has a punitive side, a preventive side and a compensatory side. Identify and clarify the facts; prosecute the suspects, of course with all the guarantees of a due process; and, in case they are found guilty, punish them according to law, places the Justice as a universal value. It also contributes to avoid the commission of crimes. This is not arbitrary,

2 since, as it is stated in the Preamble to the Statute, Millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity. The crimes and the impunity associated with them are scourges that harass millions of people and damage the minimum basis of a decent living. Reparation to victims and their families means to reduce, partially, the damage already caused and to restore, above all, the dignity of the persons. In order to look for the elimination of impunity, the Rome Statute created a System that has the Court as the central axis, but it is complemented by the Office of the Prosecutor, the Assembly of States Parties and the Trust Fund for Victims. The different presentations in this panel, the one of the Deputy Prosecutor James Stewart, that of Anton Camen of the International Committee of the Red Cross or the one of Michelle E. Reyes Milk from the Coalition for the International Criminal Court as well as the one of Susana SáCouto from the Washington College of Law at the American University, they have all reflected the different edges of the system, which is also, obviously, integrated by the Trust Fund for Victims. The main idea is that the International Criminal Court is complementary to national criminal jurisdictions. The Court will exercise its jurisdiction any time the national jurisdictions are not willing or are not able to judge the suspects for the most serious crimes as it is established in the first article of the Rome Statute. In summary: civilization or barbarism. In addition to the punitive action, the Statute designs a victim-centered System based on full compensation, including the restitution, compensation and rehabilitation as stated in Article 75 of the Statute. The Trust Fund is an essential part of the integrality in rehabilitation and reparation for victims, and that s how it was thought and reflected in Paragraph 1 of Article 79 of the Rome Statute upon imposing the Assembly of States Parties to establish it. This was put in place by a Resolution of the Assembly of States Parties (ICC-ASP/1/Res.6). The Trust Fund has, as expressed by our President last November in the Assembly of States Parties1, an enormous challenge in the times ahead. Add to this the assistance already carried 1

3 out in Uganda and Congo, the compliance with the reparations in the Lubanga case. Adjustments should be made to the proposal of collective reparations for victims, their families, communities and society as a whole according to the recent decision of the First Instance Courtroom II that forwards the proposal to the Trust Fund2. I will also add, on my behalf, that decisions on those cases of Kantaga and Ntaganda by incidents occurred in the Democratic Republic of Congo are expected shortly. Mr. President, in this occasion our presence in this working session aims first to recognize the commitment of the OAS Member States to the System established by the Rome Statute. Beyond nuances and controversies, the balance is that OAS Member States, in general, support the System established in the Rome Statute, bearing in mind also that 28 of them have ratified it. We know that to honor the duty and purpose of that Treaty is multiple and permanent. Undoubtedly, it is necessary to continue in order to have more states joining and more ratifications of the Treaty, to establish national rules for cooperation with the Court, to incorporate the crimes at the national level, to settle the immunity agreements for officials in order to warrant the independence, integrity and effectiveness of a justice system that deals with eradicating impunity for the most revolting crimes. It is imperative to support the task of fulfilling the fundamental purpose of compensating the victims, their families and their communities. My request is to convey to their governments the need for moral, political and financial support for the Trust Fund in general, and especially in this stage, by each and every one of the OAS States Parties. By the way, this is not only for those integrating the System created by the Rome Statute, but also for those who are not part of it. 2https:// /icc%200104%200106/court%20records/chambers/tcii/pages/3198.asp

4 Full reparation for victims and assistance to them, are essential links of justice, the struggle against impunity, and the pursuit of accountability. These are the essence of human dignity, the law as a system of civilized coexistence and the ultimate meaning of a democratic society, key factors for consolidation, while its absence certainly erodes peace and security of the international community. All these values are shared by the Organization of American States as established in the American Declaration of the Rights and Duties of Man, the Charter of the Organization and the Pact of San José de Costa Rica, all regional instruments that reflect the rich and prolific experience of our American constitutionalism. They have also built the Regional System of Protection of Human Rights, on the performance of its main bodies, the Commission and the Court. Latin America and the Caribbean countries also have an enormous responsibility. We all remember that the initiative of the International Criminal Court came from the Caribbean. Also, in relation to object crimes of the Rome Statute, we cannot look at them from a distance or only through the literature or the Academy, but arise from our own historical experience. Our people have directly known the tragedy of armed conflicts that divided families or state terrorism regimes in the recent past. Both experiences have caused enormous tragedies, and even today we live in the aftermath of terror, which challenge us to a present of justice without impunity and full respect for human rights. Our continent feels as its own the NEVER AGAIN as expressed by our friend, Dominican Deputy Minou Tavarez Mirabal. Therefore, people from Latin America and the Caribbean, along with other States have decisively driven the International Criminal Court and have resisted any attempt to weaken the System established by the Rome Statute. At the same time, they had to assume the highest responsibilities in the Office of the Prosecutor, the Court, the Assembly of State Parties and the Trust Fund. However, all these significant efforts are not enough. More work is required to strengthen the System, where the Trust Fund has a decisive position. First of all, ratifying the political commitment received through the years. Secondly, offering the vast experience of our countries on issues related to the Statute. Especially, to learn from what was done in relation to good practices, and from the others, which should not be denied, on the issues of compensation and rehabilitation of victims, among other measures, to facilitate the exchange and the testimony of victims, relatives and experts on these issues. And finally, through the

5 contribution of financial resources is essential to honor their commitments towards an international community without impunity. I am aware that the current situation is complex and that it implies many demands, but appealing to the depth of our best humanitarian traditions and solidarity, I am convinced that there is still much to contribute and cooperate for the benefit of victims. Now, let me express two personal comments: this is the first time in which I act as a member of the Trust Fund and I wish to acknowledge and express the appreciation for my country, Uruguay, for proposing me for this great responsibility, extended to all countries of the GRULAC, the Group of Latin American and the Caribbean, who endorsed my nomination. It is an honor for me being elected by acclamation by the Assembly of States Parties in last November. In addition, given that Dr. David Donat Cattin, Secretary General of Parliamentarians for Global Action, is present at this audience, I wish to publicly acknowledge his smart work and strong commitment. Donat Cattin, in good and bad times, has played a key role in consolidating the System of the Rome Statute. Finally, to conclude this presentation, Tavarez Mirabal noted the Never Again, and I repeat: "Civilization or Barbarism, Justice or Impunity". Once again, I express the greetings of the Board of Directors of the Trust Fund for the International Criminal Court for Victims, and at the same time, I summon you for the task. Thank you very much for your devoted attention. Dr. Felipe Michelini Member of the Trust Fund International Criminal Court for Victims 10 February 2016, Washington D.C.