REPORT ON THE ELEVENTH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE

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2 The includes 2,500 non-governmental organisations around the world working in partnership to strengthen international cooperation with the International Criminal Court; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide. This report seeks to give a comprehensive summary of the eleventh session of the Assembly of States Parties (ASP) to the Rome Statute, and was compiled by the Coalition for the International Criminal Court Secretariat based on reports from Coalition caucuses, teams and experts, as well as on official ASP documents on each respective subject. The report should not be taken to represent the views of all Coalition members. The Coalition Secretariat would like to thank the following people who made it possible to draft this report: the Coalition interns for their production of daily minutes of the plenary and working group meetings of the ASP session; Coalition team leaders and all members of the teams who made the production of the Coalition team reports possible; and the Secretariat of the ASP for the summary of the proceedings and the list of documents. Particular thanks is given to the donors who support work of the Coalition: the Commonwealth of Australia; The European Union; The Grand Duchy of Luxembourg; Irish Aid; The Kingdom of Belgium; The Kingdom of Denmark; The Kingdom of the Netherlands; The Kingdom of Norway; The Kingdom of Sweden; The New Zealand Government; The Principality of Liechtenstein; The Republic of Austria; The Republic of Finland; and the Swiss Confederation. The Coalition Secretariat takes all care to ensure accuracy. Corrections and additions are always welcome. For more information about the Coalition, please visit: Follow the Coalition on: COVER PHOTOS (top-to-bottom): 1. A scene from the plenary at the 11 th ASP; 2. ASP President Tiina Intelmann (left) and Coalition Europe Coordinator Kirsten Meersschaert Duchens (right) participate at the Coalition's Europe regional meeting. 3. NGO meeting with the International Criminal Court Presidency. All photos credit: CICC/Roberta Celi 2

3 TABLE OF CONTENTS I. NOTE FROM THE CONVENOR OF THE COALITION FOR THE ICC... 4 II. INTRODUCTION... 5 III. THE GENERAL DEBATE... 7 IV. ELECTIONS... 8 V. THE COURT S BUDGET FOR VI. THE OMNIBUS RESOLUTION VII. COOPERATION VIII. COMPLEMENTARITY IX. VICTIMS ISSUES AND REPARATIONS X. THE TRUST FUND FOR VICTIMS XI. LEGAL REPRESENTATION XII. THE STUDY GROUP ON GOVERNANCE XIII. INDEPENDENT OVERSIGHT MECHANISM XIV. THE PERMANENT PREMISES XV. SIDE EVENTS

4 I. NOTE FROM THE CONVENOR OF THE COALITION FOR THE ICC The Assembly of State Parties to the Rome Statute of the International Criminal Court (ASP) is the governing body of the Statute and the international court it created. The annual sessions of the ASP are the principle forum where discussions are had on how to strengthen the Rome Statute and decisions taken impacting the operation and administration of the International Criminal Court (ICC). This eleventh session was the second presided over by the Presidency of Ambassador Tiina Intelmann (Estonia) and Vice Presidents, Ambassador Markus Börlin (Switzerland); and Ambassador Ken Kanda (Ghana). Their stewardship of the eleventh session and inter-sessional discussions in preparation, were crucial to ensuring what is widely viewed as the most successful ASP in several years, which saw the election of new ICC and ASP officials, including its Deputy Prosecutor, the Board of Directors for the Trust Fund for Victims and members of the newly established Advisory Committee on Nominations. For the first time in a regular meeting of the ASP, discussions on cooperation with the ICC and how to strengthen national efforts to prosecute Rome Statute crimes received formal consideration. Indeed, the Coalition for the International Court (Coalition) has consistently called on the ASP to integrate forums on cooperation and complementarity into its formal agenda. Credit in this respect should be reserved for the efforts of the ASP Presidency, the Secretariat of the ASP and the ASP s Facilitators, but also the numerous civil society and state representatives who ensured that the eleventh session was a relative success. Recent ASP sessions have been severely hampered by significant disagreement on the adoption of the annual budget for the ICC. All those consulted by the Coalition agree that the leadership of the Budget Facilitator, Ambassador Håkan Emsgård (Sweden), in securing support for a compromise budget agreement in the first days of the ASP was essential to the governments successful consideration of many other issues. The true value of the eleventh session however, will ultimately be realised in the follow-up to its numerous outcomes iterated in the present report, over the course of The annual sessions of the ASP are also a very important opportunity for civil society organisations from across the globe to exchange ideas and information on issues, some of which are addressed by States in plenary sessions, but often go further in tackling issues of relevance to the mandate of the ICC and justice and accountability in general. In this respect the side events, outlined in Section XV of the present report provide a conduit for alternative perspectives and issues not provided for in plenary sessions, but nevertheless complement the discussions in plenary and ensure that the annual sessions are global forums on matters of justice, accountability and the rule of law. For years government representatives and others have stated that the side event sessions often provided the most interesting and valuable discussions at the annual ASP sessions. The Coalition congratulates the Netherlands Foreign Ministry, the ASP and the ICC in organising the Solemn commemoration of the tenth anniversary of the entry into force of the Rome Statute attended by Queen Beatrix and many dignitaries on the opening day of the ASP, as well as the elegant Mayor s reception the preceding evening. Capturing the totality of discussions at the ASP and their background would be immensely difficult, thus every effort has been made to provide links to other relevant documents for readers wanting greater detail. The Coalition welcomes any comments, corrections or additions that we can incorporate electronically and on our website. The Coalition s work including its efforts in preparing for the annual sessions of the ASP would not have been made possible without the hard work and dedication of its staff and interns, NGO members, the cooperation of the ASP Secretariat, as well as the financial support of its donors who contribute to the CICC and its NGO members. 4

5 II. INTRODUCTION The present report constitutes a summary of the eleventh session of the Assembly of States Parties to the Rome Statute (ASP) held in The Hague at the World Forum Convention Centre from 14 to 21 November Representatives of ninety-two states parties, out of a total of one hundred and twenty-one who together form the ASP the management oversight and legislative body of the International Criminal Court (ICC) gathered to decide upon a number of issues central to the Court's operations. Amongst these issues were the adoption of the Court s budget and the elections of the new Deputy Prosecutor and Delegates during the opening session of the eleventh ASP on 14 November 2012 Credit: CICC/ Roberta Celi governance. However in a historic first since its establishment, the ASP addressed the issues of complementarity; and cooperation in its plenary session. The eleventh session was a pivotal event for non-governmental organisations (NGOs). More than one hundred and fifty representatives from NGOs across the globe attended the session. NGOs from ICC situation territories were also present: Uganda; the Democratic Republic of Congo; Darfur (Sudan); Kenya; Côte d Ivoire and the Central African Republic; as were NGOs from three countries under preliminary examination by the Office of the Prosecutor: Colombia; Georgia; and Guinea, in addition to NGOs from inter alia Iraq; Palestine; and Syria. The continued commitment of NGOs to invest time and resources in the ASP is a clear indication of the sustained support for the Rome Statute system of justice. The consultative arrangements for NGOs in the ASP and the Court are extraordinary and this constructive cooperation was evident throughout the eleventh session. As in previous years, NGOs coordinated their activities through the Coalition and pursuant to a resolution from the ASP s second annual session recognising the Coalition s role in that regard. A number of side-events were held, creating a platform for dialogue between the participating NGOs on the one hand, and the Court and states parties on the other. Although consensus on issues could not always be found between the parties, the dialogue was constructive and informative. Various states parties continued to invest time and resources in crucial side-events, with the intention of building capacity, continuing dialogue and exchanging information. Prior to the eleventh session, the Coalition continued its advocacy for a fair, effective and independent Court by addressing a number of key issues. The Coalition produced a number of advocacy papers in this regard through its issue-specific teams, which were made available prior to and during the ASP to all participants. At the conclusion of each day the Coalition produced a daily report of the events that took place. The next (twelfth) session of the ASP will take place from 20 to 28 November 2013 in The Hague. 5

6 RELEVANT DOCUMENTS All Coalition team papers and individual Coalition members recommendations: The official records of the eleventh session: of%20the%20assembly%20of%20states%20parties.aspx Agenda of the eleventh session: Resolution on the Recognition of the Coordinating and Facilitating Role of the NGO Coalition for the ICC, ICC-ASP/2/Res.8: 6

7 III. THE GENERAL DEBATE General Debate statements were made on 15 November 2012, the second day of the ASP and following opening statements delivered the previous day by the President of Senegal, H.E. Macky Sall and the United Nations Under- Secretary-General for Legal Affairs, Patricia O Brien. During the debate, states parties, non-states parties, regional and international organisations as well as NGOs were given the opportunity to address issues of the day in relation to the ASP s work and the Rome Statute system, and their own contribution in this regard. The suggested theme for the debate was The tenth anniversary of the entry into force of the Rome Statute: the challenges Lori Galway from Amnesty International addresses the Assembly during the General Debate. Credit: CICC/ Roberta Celi ahead. It was a chance for states parties to reflect not only on their contributions to the Rome Statute system over the last ten years and to assess the first decade of the Court, but also to focus on the challenges for the Court over the next decade. Fifty-five statements were delivered by states representatives from Argentina, Austria, Bangladesh, Belgium, Bolivia (Plurinational State of), Botswana, Brazil, Burkina Faso, Canada (on behalf of CANZ), Chile, Colombia, Costa Rica, Croatia, Cyprus (on behalf of the European Union), Czech Republic, Denmark, Democratic Republic of the Congo, Estonia, Ecuador, Finland, France, Germany, Ghana, Guatemala, Hungary, Ireland, Italy, Japan, Kenya, Liechtenstein and Jordan (in a joint statement), Luxembourg, Madagascar, Malta, Mexico, Namibia, Nigeria, Norway, Panama, Peru, Poland, Republic of Korea, Romania, Sierra Leone, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Trinidad and Tobago, Tunisia, Uganda, Uruguay, United Kingdom of Great Britain and Northern Ireland, and Venezuela (Bolivarian Republic of). A number of states acknowledged and thanked the Coalition for its work in their respective statements. The Peoples Republic of China, Russian Federation, and United States of America also delivered statements as observer states, not party to the Rome Statute. Statements were also delivered by the International Committee of the Red Cross, the Organisation Internationale de la Francophonie and the Asian-African Legal Consultative Organisation. Civil society representatives then addressed the ASP, including those from the Coalition; Colombian Commission of Jurists; Amnesty International; LIRA NGO Forum; Open Society Justice Initiative; Damascus Centre for Human Rights Studies; Georgian Young Lawyer's Association; Victims Rights Working Group; Mouvement Ivoirien pour les Droits Humains; No Peace Without Justice; Malaysian Bar Council Human Rights Committee; and Peace and Justice Initiative. Other NGOs including the Palestinian Centre for Human Rights circulated their statements in writing only during the general debate. RELEVANT DOCUMENTS General Debate statements by states, organisations and civil society: 7

8 IV. ELECTIONS At its eleventh session, the ASP elected a new Deputy Prosecutor, five members of the Board of Directors of the Trust Fund for Victims and nine members of the newly established Advisory Committee on Nominations. The ASP also adopted a recommendation to the judges of the Court concerning the election of the Registrar, who will be elected by the plenary of judges in A. Deputy Prosecutor Following the election of the former Deputy Prosecutor Fatou Bensouda to the position of Chief Prosecutor of A delegate casts his state's vote for ICC the Court at the ASP s tenth session in 2011, a new deputy prosecutor during the first day of the ASP on 14 November Deputy Prosecutor was elected by the ASP. Pursuant to Credit: CICC/Roberta Celi article 42(4) of the Rome Statute, the Deputy Prosecutor was elected by secret ballot by an absolute majority of the ASP from the list of three candidates shortlisted by the Prosecutor following an open call for applications and interviews by the Office of the Prosecutor: 1. Mr. Paul Rutledge (Australia) 2. Mr. James Stewart (Canada) 3. Ms. Raija Toiviainen (Finland) After five rounds of voting, which took place on 14 and 16 November, James Stewart was elected as the new Deputy Prosecutor for a non-renewable term of nine years. This followed the withdrawal from the ballot by Paul Rutledge and Raija Toiviainen prior to rounds four and five. B. Board Of Directors Of The Trust Fund For Victims On the first day of the ASP five members of the Board of Directors of the Trust fund for Victims, serving in an individual capacity and on a pro bono basis, were elected by the ASP for a term of three years. The five seats were distributed according to geographic regions and required an equitable gender balance. During the nomination period, states parties put forward the following five nominations for the five seats available, all of whom were duly elected: 1. Ms. Elizabeth Rehn (Finland) incumbent chairperson 2. Ms. Vaira Vike-Freiberga (Latvia) incumbent member 3. Mr. Denys Toscano Amores (Ecuador) 4. Mr. Motoo Noguchi (Japan) 5. Mr. Sayeman Bula-Bula (Democratic Republic of Congo) C. Advisory Committee On Nominations At its tenth session in 2011, the ASP established an Advisory Committee on Nominations (ACN), as provided for by article 36(4)(c) of the Rome Statute. According to its terms of reference, the ACN will provide the ASP with information and analysis, of a technical character, strictly on the suitability of [judicial] candidates and is thereby intended to facilitate the election of highly qualified individuals as judges of the ICC. Prior to the eleventh session, fourteen candidates had been nominated for the nine-member ACN, who are to reflect the principle legal systems of the 8

9 world, equitable geographical and gender representation. However, at the time of election, the Bureau of the ASP had proposed nine consensus candidates. The nine elected candidates were: 1. Mr. Leonardo Nemer Caldeira Brant (Brazil) 2. Mr. Hiroshi Fukuda (Japan) 3. Mr. Philippe Kirsch (Canada) 4. Mr. Daniel David Ntanda Nsereko (Uganda) 5. Mr. Ernest Petri (Slovenia) 6. Ms. Mónica Pinto (Argentina) 7. Mr. Árpád Prandler (Hungary) 8. Mr. Bruno Simma (Germany) 9. Mr. Raymond Claudius Sock (Gambia) Following the election, Italy and the Netherlands each made statements, to be placed on the records of the eleventh session, highlighting their dissatisfaction with the election process, in particular relating to the lack of transparency and clarity regarding how the nine consensus candidates had been determined by the Bureau. D. Registrar In 2008, Silvana Arbia (Italy) was elected by an absolute majority as the Court s Registrar for a five year term. Her term expires in April 2013, before which the Court s Judges will appoint the next Registrar to take office. The Presidency had identified eleven candidates who best meet the requirements for the position of Registrar set out in the Rome Statute. During the eleventh session and pursuant to article 43(4) of the Rome Statute, the ASP adopted a recommendation to the Judges of the Court; that in electing the Registrar of the Court, they take into account a number of criteria governing the employment of staff and other criteria provided in the Rome Statute. For example, that the next Registrar is able to meet the highest standards of efficiency, competency and integrity and that the criteria set out in article 36(8) of the Rome Statute are taken into account. RELEVANT DOCUMENTS Information on the election of the Deputy Prosecutor: Coalition for the ICC questionnaires to the Deputy Prosecutor elections candidates: Information on the election of the Trust Fund for Victims Board of Directors: of+the+board+of+directors+of+the+trust+fund+for+the+benefit+of+victim.htm Information on the election of the Advisory Committee on Nominations: htm Recommendation concerning the election of the Registrar of the International Criminal Court, ICC-ASP/11/Rec.1: Coalition Team on Elections, Comments and Recommendations to the Eleventh Session of the ASP: 9

10 V. THE COURT S BUDGET FOR 2013 BACKGROUND Every year, the Court submits to the ASP a budget proposal for the following year, based on assumptions of what its financial needs will be. The budget proposal is then discussed by the Committee on Budget and Finance (CBF), an expert subsidiary mechanism of the ASP responsible for addressing the Court s financial requests. The CBF considered the Court s proposed budget for 2013 from 24 September to 3 October and issued a report to the ASP with its recommendations. The ASP s Working Group on the Budget had met both informally and formally to consider the proposed budget, taking into consideration the CBF recommendations, and in preparation for further discussion during the eleventh session. These discussions took place with a view to try to reach consensus among states parties on the budget the ASP would allocate to the Court for their activities in The Court s requested 118,4 million for its activities in 2013, an increase of 9,6 million (8.8%) on the approved budget for This number included cost associated with the rent of the interim premises, previously paid for by the Host State, two new trials in the Kenya situation, and increases in legal aid and staff costs. After conducting a technical examination of the Court s requested budget, the CBF recommended that the 2013 budget should be reduced to 115,12 million. Over the last few years, discussions on the Court s budget have taken place in the context of a global financial crisis. This has resulted in some states parties seeking to adopt a zero nominal growth approach to the Court s budget adopting the same exact budget as the previous year without accounting for inflation or additional activity. Such an approach, however, has yet to be adopted in any finally approved budget by the ASP. ASP DISCUSSIONS The ASP approved the CBF-recommended budget for the Court of 115,12 million. This consensus decision followed an unbroken silence procedure during the ASP session to adopt the proposal of the ASP s Budget Facilitator, Ambassador Håkan Emsgård (Sweden), that the ASP adopt the CBF s recommendations. The final programme budget for 2013 is as follows: (Thousands of Euros) Major Programme I - Judiciary 10,697.9 Major Programme II - Office of the Prosecutor 28,265.7 Major Programme III - Registry 64,520.9 Major Programme IV - Secretariat of the ASP 2,951.7 Major Programme V - Interim Premises 5,901.5 Major Programme VI - Secretariat of the Trust Fund for Victims 1,580.0 Major Programme VII-1 - Project Director s Office (Permanent Premises) Major Programme VII-5 - Independent Oversight Mechanism Total 115,

11 Following a commitment of the Host State to contribute 2,950,700 to the costs of the rent of the Court s interim premises, and an additional contribution by Mexico of 130,000 the assessed contributions required from states parties for the 2013 budget is reduced to 112,039,600. The ASP also decided to replenish the Court s contingency fund to the amount of 500,000 in order to bring the fund to the minimum threshold of 7 million. The final budget resolution adopted by the ASP also incorporates a number of paragraphs relating to the need for a strategic approach to an improved budgetary process as well as recalling the importance of an institutional dialogue with the United Nations on the cost of referrals by the UN Security Council. The Registrar of the Court, Silvana Arbia, also made a presentation on the proposed programme budget of the Court for The Registrar recalled that in 2012, due to the Court having been granted a budget below the level of resources required, it had implemented measures which had a detrimental effect on the operations of the Court. The Registrar further stated that the Court had presented a conservative and lean proposed budget for 2013 and made enormous efforts to limit the proposed budget request and had ensured that budgetary increases were solely and directly linked to an increase in judicial activity. However, the Registrar also emphasised that a policy of zero-growth was not workable. On the last day of the ASP and following the adoption of the resolution of the budget, six states parties (Canada, France, Germany, Italy, Japan and the UK) made a joint statement highlighting the need for the Court to use its resources efficiently. RELEVANT DOCUMENTS Resolution Establishing the Programme Budget of the International Criminal Court for 2013, ICC- ASP/11/Res.1: Proposed Programme Budget for 2013 of the International Criminal Court: Report of the Committee on Budget and Finance on the work of its nineteenth session: Statement by Gilles Finkelstein, the Chair of the ASP Committee on Budget and Finance, : Statement by Silvana Arbia, Registrar, : Coalition Budget and Finance - Comments and Recommendations on the 2013 Budget to the Eleventh Session of the ASP: _6_Nov_2012.pdf 11

12 VI. THE OMNIBUS RESOLUTION BACKGROUND At each of its sessions since 2003 the ASP has adopted an Omnibus Resolution, formally titled Strengthening the International Criminal Court and the Assembly of States Parties. The Omnibus Resolution addresses a wide range of substantive, practical and policy issues in relation to the Court, the ASP and other stakeholders. ASP DISCUSSIONS Following informal consultations on its draft content during the ASP session chaired by facilitator Ana Cristina Rodríguez Pineda (Guatemala), the Omnibus Resolution as adopted addresses cooperation and non-cooperation; the Agreement on Privileges and Immunities; the relationship with the United Nations; institution-building; election processes; governance; oversight; strategic planning; victims and affected communities; the Trust Fund for Victims; recruitment; gender and geographical representation, outreach and communications, among others. A. Cooperation The paragraphs on cooperation in the Omnibus Resolution takes note inter alia of the standalone resolution on cooperation adopted at the eleventh ASP session; calls upon states parties to strengthen their efforts to ensure full and effective cooperation with the Court and to express their political and diplomatic support for the Court; expresses the intention of the ASP to have a dedicated plenary session on cooperation at future annual sessions and finally encourage states parties to implement the sixty-six recommendations on cooperation annexed to the 2007 Omnibus Resolution (ICC-ASP/6/Res.2). B. Non-Cooperation The language adopted on the issue of non-cooperation in the resolution reiterates the negative impact that the non-execution of Court requests can have on the ability of the Court to execute its mandate. It also requests the President of the ASP to continue to engage actively and constructively with all relevant stakeholders, in accordance with the Bureau procedures on noncooperation, both to prevent instances of non-cooperation and to follow up on a matter of noncompliance with judicial decisions referred by the Court to the ASP. C. Relationship With The United Nations The ASP recognised the need for enhancing the institutional dialogue with the UN, including on Security Council referrals; and invites the Court to continue its institutional dialogue with the UN and to report on the status of ongoing cooperation between the two organisations. D. Elections Welcoming the election of the Deputy Prosecutor of the Court and the appointment of the nine members of the Advisory Committee on Nominations, the ASP decided to continue the review of the procedure for the future election of ICC Judges. With regard to the election of the second Prosecutor of the Court, Fatou Bensouda at the tenth ASP session in 2011, the ASP requests its Bureau to finalise, through open-ended consultations, an evaluation of the process followed, and to present recommendations with regard to how the process to elect the Prosecutor could be strengthened in the future. 12

13 E. Governance The resolution welcomed the continued structured dialogue between states parties and the Court and request the Bureau to extend, for a period of one year, the mandate of the Study Group on Governance within The Hague Working Group. The resolution also endorses the proposed roadmap to consider proposals aimed at expediting the criminal process of the Court, as well as recommendations designed to improve the transparency, predictability and efficient conduct of the budgetary process. The resolution also requests the Bureau, through its Working Groups in New York and The Hague, to evaluate their working methods, but also to evaluate the relationship between the Omnibus Resolution and other ASP resolutions. F. Strategic Planning Process Of The ICC The paragraphs of the resolution on the Strategic Planning Process of the Court, discusses the strategic nature of ICC public information and communication; the need for more in-depth discussion on the issue of intermediaries; as well as the relationship between the strategic planning process and the budgetary process. They also refer to the draft revised Strategic Plan for G. Victims And Affected Communities The ASP notes the stand-alone resolution on victims and reparations issues adopted at its eleventh session. The ASP decides to continue to monitor the implementation of the rights of victims under the Rome Statute, with a view to ensuring that the exercise of these rights is fully realised and the continued positive impact of the Rome Statute system on victims and affected communities and also decides to include a specific item on victims and affected communities on the agenda of its twelfth session. H. The Trust Fund For Victims The importance of the Trust Fund for Victims is reaffirmed in the resolution and the ASP calls upon states, international and intergovernmental organisations, individuals, corporations and other entities to contribute voluntarily to the Trust Fund. The ASP also acknowledges the requirement for the Board of Directors of the Trust Fund to provide adequate resources from its voluntary fund to complement court-ordered reparations awards; and invites state parties to consider making earmarked voluntary contributions to the Trust Fund for the purpose of strengthening its reparations reserve in addition to any regular voluntary contributions. I. Recruitment Of ICC Staff The resolution stresses the continued need to ensure equitable geographical representation and gender balance in the recruitment of ICC staff members. It also requests the Court to submit a comprehensive report on human resources and distribute a list of Court contact points for the purpose of external representation, as well as to report on its obligation to ensure that officers in charge of victims and witnesses affairs have the necessary expertise to take into account the cultural traditions and sensitivities and the physical and social needs of victims and witnesses. J. Complementarity As well as taking note of the ASP s stand-alone resolution on complementarity, the Omnibus Resolution calls on states parties to strengthen the effective domestic implementation of the Rome Statute to facilitate national prosecution of the most serious crimes of international concern and stresses that the proper functioning of the principle of complementarity entails that states include the crimes set out in the Rome Statute as punishable offences under their national laws; establish jurisdiction for these crimes; and ensure effective enforcement of those laws. 13

14 K. Public Information And Outreach Since 2005, the Omnibus Resolution has referred to the importance of the Court s communications activities, in particular public information and outreach. The latest resolution emphasises the need for the Court to continue to improve and adapt outreach activities with a view to further developing and implementing effectively and efficiently the Strategic Plan for Outreach in affected countries, including, where appropriate, by early outreach from the outset of the Court s involvement, including during the preliminary examination stage. The resolution also recalled that the issues of public information and communication about the Court and its activities constitute a shared responsibility of the Court and states parties. The resolution also recalled initiatives undertaken to celebrate International Justice Day in the context of its information and communication strategy. Finally, the resolution noted activities being undertaken and those being planned by stakeholders to mark the tenth anniversary of the entry into force of the Rome Statute and encouraged states to engage in activities relating to the anniversary, as well as in other significant activities to implement the Court s Public Information Strategy , in consultation with the Court and other relevant stakeholders. Finally, the Omnibus Resolution sets the date for the twelfth session of the ASP, to be held in The Hague from 20 to 28 November The subsequent ASP session in 2014 will be held in New York. RELEVANT DOCUMENTS Resolution Strengthening the International Criminal Court and the Assembly of States Parties (the Omnibus Resolution), ICC-ASP/11/Res.8: Coalition Team on Cooperation, Comments and Recommendations to the Eleventh Session of the ASP: Coalition Team on Elections, Comments and Recommendations to the Eleventh Session of the ASP: Coalition Team on Communications, Comments and Recommendations to the Eleventh Session of the ASP: _Comments_and_Recommendations_to_the_Eleventh_Session_of_the_ASP_FINAL.pdf Coalition Team on ASP Oversight, Comments and Recommendations to the Eleventh Session of the ASP: 14

15 VII. COOPERATION BACKGROUND Over the course of 2012, the Bureau s facilitator on cooperation in The Hague, Ambassador Anniken Ramberg Krutnes (Norway), focused on the freezing and seizure of financial assets; channels of communication and domestic procedures for dealing with the Court s cooperation requests; the execution of arrest warrants; bilateral framework agreements; and immunities and privileges of Court staff. The Hague Working Group paid particular attention to the assistance rendered by states in the identification, freezing and seizing of property and assets of ICC suspects and accused persons through a dedicated workshop on cooperation held on 1 October that brought together representatives from states and non-state parties, the ICC, ad hoc courts and international organisations. The workshop resulted in a series of recommendations to both the ICC and states. The importance of implementing legislation was also underlined both by states and by the Court. Furthermore, the topic of bilateral cooperation agreements and/or arrangements between the Court and states, including enforcement of sentences, witness relocation, interim release as well as relocation of acquitted persons were discussed. No bilateral relocation agreements were signed in The Court describes this absence of new agreements as an alarming shortfall in its ability to protect victims and witnesses potentially under threat. After the events in Libya in June/July 2012, the need to clarify and raise awareness of the applicable obligations of states parties and other states with regard to privileges and immunities for Court staff was highlighted by The Hague Working Group. ASP DISCUSSIONS A. PLENARY DISCUSSION ON COOPERATION On the morning of 16 November, the issue of cooperation was addressed during a stand-alone plenary session and for the first time during an annual session of the ASP. A key note speech was delivered by the Prosecutor of the International Criminal Tribunal for Yugoslavia (ICTY), Serge Brammertz. He highlighted that cooperation was not a natural concept for states, and that cooperation relied on a proactive approach to arrests and realpolitik. In his view the ICTY s dedicated tracking unit was largely responsible for the ICTY cooperation successes. He praised Human Rights Watch for their consistent campaign to enhance cooperation from states in former Yugoslavia. In the panel presentation that followed, Gérard Dive, Head of the Unit for International Humanitarian Law at the Belgian Ministry of Justice, presented Belgium's experiences in cooperating with the Court. Alexander Khodakov, external relations and cooperation senior adviser at the ICC Registry, discussed challenges faced by the Court in cooperating with states parties. Richard Dicker, director of the Human Rights Watch International Justice Program, presented on short-term and long-term cooperation requirements and challenges for the ICC. States parties then gave statements and engaged in discussions reflecting on their own experiences and highlighting the crucial importance of the many forms of cooperation necessary for the ICC to effectively implement its mandate. States parties also encouraged the 15

16 clarification of the role of the United Nations Security Council in cooperation efforts when it refers a situation to the Court. On Tuesday 20 November, the plenary session on cooperation was resumed to allow for statements by the Coalition, REDRESS, and Amnesty International. The Coalition welcomed the dedicated discussion on cooperation, urging for its inclusion as a standing agenda item at future ASP sessions and the establishment of a dedicated standing committee on cooperation. The Coalition also noted that the time had come to assess whether states were adequately attempting to implement the 66 recommendations on cooperation annexed to ASP resolution ICC- ASP/6/Res.2. Amnesty International reminded the ASP of its obligation under the Rome Statute to protect victims and witnesses under on the ASP and drew attention to the fact that no victims and witness relocation agreements had been concluded in 2011 and 2012 between States and the Court, agreements that are vital to the protection of victims and witnesses. B. COOPERATION RESOLUTION Following discussions in The Hague Working Group and during the ASP session itself, the ASP adopted a stand-alone resolution on cooperation. The resolution welcomes amongst others the enhanced dialogue between states parties, the Court, and civil society during the plenary discussions on cooperation. It also requests the Bureau to establish once again a facilitation in 2013 on cooperation, to consult with states parties, the Court, and civil society, in order to strengthen cooperation with the ICC. During informal consultations there were lengthy discussions on language contained in the draft resolution on avoiding non-essential contact with persons subject to an ICC arrest warrant. The language agreed to requests the Bureau through its working groups to further consider the issue of non-essential contacts, and report to the ASP well in advance of its twelfth session in The resolution also expresses serious concern regarding the detention of four officials from the Court in June-July 2012 and encourages states parties to explore enhanced cooperation with regional and international organisations, particularly with the United Nations Security Council. Furthermore, the resolution encourages further support and cooperation by the Security Council when it drafts resolutions referring matters to the ICC. RELEVANT DOCUMENTS Resolution on Cooperation, ICC-ASP/11/Res.5: Concept note on the plenary session in cooperation: Report of the ASP Bureau on cooperation: Report of the ASP Bureau on non-cooperation: Coalition Team on Cooperation, Comments and Recommendations to the Eleventh Session of the ASP: Statement by the Coalition for the International Criminal Court intervention_20_nov_12 full_.pdf 16

17 Statement by Amnesty International

18 VIII. COMPLEMENTARITY BACKGROUND In 2012, consultations on complementarity led by country focal points, Denmark and South Africa in The Hague and New York, focused on stimulating the dialogue among states parties on complementarity in general as well as on specific international efforts aimed at strengthening national jurisdictions to be able to investigate and prosecute serious international crimes positive complementarity. While it has been acknowledged that the Court itself has a limited role to play in strengthening national jurisdictions, it was agreed that rule of law actors seeking to implement complementarity-related activities can benefit from the Court s investigative and prosecutorial expertise, knowledge of situations and on the ground needs, and hands-on experience with the challenges associated with investigating and prosecuting the most serious international crimes. Credit: CICC/Roberta Celi The ASP Secretariat continued its two-pronged approach to complementarity as mandated at the Kampala Review Conference by further developing the complementarity extranet database containing information on complementarity activities and by building new, and reinforcing existing, relationships with complementarity actors within the international community to enhance the exchange of information. Reports on complementarity were prepared by the Court, the ASP Secretariat, and the Bureau ahead of the eleventh session of the ASP. ASP DISCUSSIONS Param-Preet Singh from Human Rights Watch addressing the ASP during the session on complementarity. A. PLENARY DISCUSSION ON COMPLEMENTARITY For the first time at the ASP, a dedicated plenary session was organised on the principle of complementarity. Helen Clark, Administrator of the United Nations Development Programme (UNDP), delivered a keynote address highlighting the intersection of the UNDP s work with that of the ICC. Clark recommended applying a development-based approach when working to enhance the capacity of national jurisdictions, specifically by integrating complementarity into rule of law programming, for example by directing development funds to victims reparations programs or projects to reinforce justice institutions. The panel discussion that followed included statements by Claudia Paz y Paz Bailey (Attorney General of Guatemala), Shireen Fisher (President of the Special Court for Sierra Leone), and David Tolbert (President of the International Center for Transitional Justice). They presented respectively on the experience of Guatemala in prosecuting international crimes nationally; the work of the Court of Bosnia and Herzegovina; and the Greentree Complementarity Process. During the interactive plenary discussion, several states reported on their own experience in investigating and prosecuting Rome Statute crimes or on activities undertaken in aim of strengthening national capacities. A number of states expressed support for an initiative to 18

19 create a multilateral instrument on mutual legal assistance to facilitate cooperation in the investigation and prosecution of genocide, war crimes, and crimes against humanity. On Tuesday 20 November, the plenary session on cooperation was resumed to allow for statements from the Coalition, Human Rights Watch, Parliamentarians for Global Action, and the Open Society Justice Initiative. Civil society welcomed the dedicated discussion on complementarity and recommended it become a regular feature of ASP meetings. Noting that complementarity is one of the fundamental pillars of the Rome Statute system, civil society is committed to supporting States who seek to strengthen their ability to prosecute the perpetrators of the most serious crimes of international concern. The International Committee of the Red Cross also addressed the issue, encouraging an integrated approach to the implementation of the Rome Statute and International Humanitarian Law. B. ASP RESOLUTION ON COMPLEMENTARITY The ASP resolution on complementarity notes states parties resolve to continue to strengthen the effective domestic implementation of the Rome Statute, and to enhance the capacity of national jurisdictions to prosecute the perpetrators of the most serious crimes of international concern. The resolution welcomes the constructive exchange between states, the UNDP, the Court, and civil society during the dedicated plenary discussion on complementarity, and notes the need for further collaboration between international justice actors to strengthen the national capacity of states to prosecute and investigate for the most serious international crimes. In that respect, the resolution recognised the need to include complementarity on the agenda of future ASP sessions. RELEVANT DOCUMENTS Report of the Bureau on Complementarity, ICC-ASP/11/24: Report of the ASP Secretariat on Complementarity, ICC-ASP/11/25: Report of the Court on Complementarity, ICC-ASP/11/39: Resolution on Complementarity, ICC-ASP/11/Res.6: Keynote address on Complementarity by Helen Clark, UNDP, : Statement by the Coalition for the International Criminal Court, (delivered on ): Statement by Human Rights Watch on Complementarity, : Statement by Open Society Justice Initiative on Complementarity, : ( Statement by Parliamentarians for Global Action on Complementarity, : 19

20 Synthesis Report on Greentree III by the International Centre for Transitional Justice, : 20

21 IX. VICTIMS ISSUES AND REPARATIONS BACKGROUND In 2012, The Bureau mandated The Hague Working Group to discuss the topics of victims and affected communities, and the Trust Fund for Victims and reparations. The discussions were led by the Bureau s Facilitator on Victims and affected communities and Trust Fund for Victims, Ambassador Eduardo Pizarro Leongómez (Colombia) and Facilitator on Reparations, Ambassador Karim Ben Becher (Tunisia). Given the overlap in their respective facilitations, the facilitators jointly-coordinated discussions on: a) the revised strategy in relation to victims; b) the current system for victims to apply to participate in proceedings; c) reparations and complementarity; d) the principles on reparations; and e) the Trust Fund for Victims. ASP DISCUSSIONS ASP President Tiina Intelmann at a side event organized by the Victims Rights Working Group on 20 November Credit: CICC/Roberta Celi The ASP adopted a stand-alone resolution on victims and reparations and included a number of references to the issues in the Omnibus Resolution. A noteworthy outcome of negotiations on the language in the Omnibus Resolution and following civil society advocacy, was the decision by the ASP to include a specific item on victims and affected communities on the agenda of its twelfth session in A. Revised Strategy In Relation To Victims At the Review Conference in Kampala in 2010, the Court was requested to revise its Strategy in Relation to Victims, taking into consideration that recognising victims rights to equal and effective access to justice; protection and support; adequate and prompt reparation for harm suffered; and access to relevant information concerning violations and redress mechanisms; are essential components of justice. In the years since the Review Conference, the Court consulted with states parties and other stakeholders and finalised in 2012 the revised strategy and its accompanying report. States parties took note of the revised strategy in the resolution on victims and reparations. B. The Current System For Victims To Apply To Participate In Proceedings Prior to the eleventh session of the ASP, the Court produced a paper proposing options for measures that could be taken to achieve a sustainable system of victims applications, as the Court is facing persistent backlogs in processing these applications. This report considers six options, which will require further consideration and consultations over the course of The resolution on victims and reparations calls for an urgent review of the application system and in particular amendments to the legal framework for the implementation of a predominantly collective approach in the system for victims to apply to participate in the proceedings. 21

22 C. Reparations And Complementarity Over the course of 2012, The Hague Working Group discussed whether the ASP can or should encourage states parties to play a more active role with regard to reparations to victims. As a consequence of these discussions, the resolution on victims and reparations encourages states parties, where crimes under the Court s jurisdiction have been committed, to act in solidarity with victims by adopting victim-related provisions as appropriate in their domestic legislation. States are also encouraged to play an active role in sensitising communities on the rights of victims in accordance with the Rome Statute in general and victims of sexual violence in particular, speaking against their marginalisation and stigmatisation, assisting them in their social reintegration process and in their participation in consultations, and combating a culture of impunity. Further to the reparations principles set out by Trial Chamber I in the Lubanga case, states parties in the resolution on victims and reparations call on the Court to ensure that coherent principles relating to reparations continue to be established. Also, the resolution stresses that the Court should take all measures to ensure that assets of convicted persons are idenitfied and frozen for the purpose of reparations. D. The Principles On Reparations Further to the reparations principles set out by Trial Chamber I in the Lubanga case on 7 August 2012 and as requested in resolution ICC-ASP/10/Res.3 adopted at the tenth ASP session in 2011, states called on the Court to ensure that coherent principles relating to reparations continue to be established in the resolution on victims and reparations. RELEVANT DOCUMENTS Resolution on Victims and Reparation, ICC-ASP/11/Res.7: Report of the Bureau on Victims and affected communities and the Trust Fund for Victims and Reparations: Victims Rights Working Group, International Criminal Court at 10: the implementation of victims rights Issues and concerns presented on the occasion of the Eleventh Session of the Assembly of States Parties : 22

23 X. THE TRUST FUND FOR VICTIMS BACKGROUND In 2012, the Trust Fund for Victims (TFV) raised roughly 1,3 million euros with a single contribution by the United Kingdom of 500,000 and a single contribution by The Netherlands of 500,000, both at the commemoration of the tenth anniversary of the International Criminal Court. In the lead-up to the eleventh session, the TFV s Board of Directors requested states parties to allocate a 1 million exceptional voluntary contribution to the TFV reserve for its reparations mandate, as the reserve currently stands at 1,2 million euros for the possible future reparations awards in all cases before the Court. ASP DISCUSSIONS Elizabeth Rehn, the Chair of the Trust Fund s Board of Directors giving a statement to the Assembly on 14 November Credit: CICC/Roberta Celi During the opening plenary session on the first day of the eleventh session, the Chair of the Trust Fund s Board of Directors, Elizabeth Rehn, gave a presentation summarising the activities and projects the TFV conducted in 2012 and informing the ASP on the progress made and the publications of its winter progress report. The TFV was addressed in the resolution on victims and reparations and in the context of the Omnibus Resolution. A. The Resolution On Victims And Reparations The ASP calls upon states, international and intergovernmental organisations, individuals, corporations and other entities to contribute voluntarily to the Trust Fund also in view of possible imminent reparations. The ASP also called on the TFV to strengthen its dialogue with the Court, states parties and the wider international community, including donors as well as nongovernmental organisations, to maximise its visibility and impact. Lastly, the resolution on victims and reparations call on the Board to adequately manage the funds between the two mandates of the TFV. B. The Omnibus Resolution The Omnibus Resolution requests the Court and the TFV to develop a strong collaborative partnership to implement Court-ordered reparations. The resolution also acknowledges the Board s request for states parties to allocate a 1 million exceptional voluntary contribution to the Fund s reserve for reparations. The resolution also invites states parties to consider making earmarked voluntary contributions to the Trust Fund for reparations in addition to any regular voluntary contributions to the Fund. C. The Election Of The Board Of Directors During the ASP session, a new Board of Directors of the TFV was elected by acclamation. The Board s five members, serving in an individual capacity and on a pro bono basis, are elected for a three-year term. Only five nominations were put forward for the five seats and subsequently elected. The five members of the Board are Elizabeth Rehn (Finland); Vaira Vike-Freiberga 23

24 (Latvia); Denys Toscano Amores (Ecuador); Motoo Noguchi (Japan); and Sayeman Bula-Bula (Democratic Republic of Congo). RELEVANT DOCUMENTS Resolution on Victims and Reparation, ICC-ASP/11/Res.7: Resolution Strengthening the International Criminal Court and the Assembly of States Parties (the Omnibus Resolution), ICC-ASP/11/Res.8: Report of the Bureau on Victims and affected communities and the Trust Fund for Victims and Reparations: Report to the ASP on the projects and the activities of the Trust Fund for Victims Board of Directors for the period 1 July 2011 to 30 June 2012: Trust Fund for Victims Programme Progress Report, Winter 2012: rogramme%20progress%20report%20winter%202012finalcompressed.pdf Statement by Elisabeth Rehn, Chair of the Directors of the Trust Fund for Victim: C5D9F80CACC7/0/ASP11OpeningTFVLNENG.pdf Victims Rights Working Group, International Criminal Court at 10: the implementation of victims rights Issues and concerns presented on the occasion of the Eleventh Session of the Assembly of States Parties : 24

25 XI. LEGAL REPRESENTATION BACKGROUND Throughout 2012, discussions on legal representation have focused on amendments and cuts to the Court s legal aid system. At the tenth session of the ASP, the Registry had presented the Assembly with a discussion paper which had proposed a number of changes to the legal aid system primarily related to the remuneration of legal teams and the resources given to legal representation teams. Following this discussion paper, the Registry and states parties, put in place a number of changes to the remuneration system for legal representation teams. Discussions on this first phase of the legal aid review were undertaken by the Bureau s Coordinator on legal aid, Irvin Høyland (Norway). Further, in June and July 2012, the Registry made a number of proposals to further reduce the legal aid given to defence and victims representatives. These related to remuneration, travel expenses, remuneration during phases of reduced activity and an enhanced role for the Office of Public Counsel for Victims (OPCV). Discussions on this second phase of the legal aid review were led by the Bureau s Focal Point on legal aid, Ambasador Leon Marc, (Slovenia) within the Budget Facilitation. Following input from civil society and other stakeholders, The Hague Working Group discussed the proposals by the Registry and drafted a resolution, to be incorporated within the budget resolution, which adopted all of the proposals, with the exception of the proposal for an enhanced role for the OPCV, the discussions on which were deferred for further consideration in ASP DISCUSSIONS At the eleventh session, states parties adopted three proposals, within the budget resolution, relating to the Court s legal aid system. The proposals adopted related to: a) remuneration in the case of multiple mandates; b) legal aid travel (expense) policy; and c) remuneration during phases of reduced activity. States parties also invited the Court to monitor the implementation of these proposals and to report to the ASP Bureau every three months. Furthermore, the resolution mandated the Registry to undertake a comprehensive review of aspects of the legal aid system by 1 April 2013 and to consolidate the current legal aid system into a single policy document by 1 March RELEVANT DOCUMENTS Report of the Bureau on Legal Aid: Supplementary Report of the Registry on Four Aspects of the Court s Legal Aid System: Coalition Team on Legal Representation, Comments and Recommendations to the Eleventh Session of the ASP: Resolution Establishing the Programme Budget of the International Criminal Court for 2013, ICC- ASP/11/Res.1: 25

26 XII. THE STUDY GROUP ON GOVERNANCE BACKGROUND At its ninth session in 2010, the ASP established a Study Group on Governance (Study Group) to conduct a structured dialogue between states parties based in The Hague and the Court with a view to strengthening the institutional framework of the Rome Statute system and enhancing the efficiency and effectiveness of the Court pursuant to article 112(2) of the Rome Statute. In 2012, the Study Group organised its work around two clusters: Cluster 1: Expediting the Criminal Process States parties and the Court agreed that ten years into the life of the Court, sufficient practice had developed for there to be a substantive review of the Court s criminal procedures to conduct a review with a view to speeding-up its processes. In early 2012, the Court undertook a lessons learnt exercise to identify and prioritise areas that would warrant further consideration, to ultimately recommend proposals of amendments to the Court s Rules of Procedure and Evidence (RPE). Nine areas of importance were identified, including inter alia the relationship between the pre-trial and trial phases, modalities of victims participation and reparation, and interlocutory appeals. The Study Group consequently developed a road-map to set out how this review process would be undertaken in the coming year and to facilitate a structured dialogue between subsidiary bodies of the ASP and the Court in addressing proposals for amendment to the RPE. The Study Group had also provided advice and recommendations on the proposal to amend rule 132 of the RPE. Put forward by an absolute majority of judges, the proposal to amend rule 132 is to allow for a single judge, as opposed to the full bench of three judges, to exercise the functions of the Trial Chamber, in consultation with the full bench, in respect of trial preparation only. This would allow the Court to deploy its judicial resources in a more flexible manner and thus assist in expediting the criminal process. Cluster 2: Enhancing the Transparency and Predictability of the Budgetary Process In an effort for states parties to create greater transparency and understand each phase in the preparation of the Court s draft programme budget, discussions in this cluster focused on the Court s budget process - from the point at which the organs of the Court agree upon a set of assumptions which will inform the following year s annual draft programme budget to the point at which the ASP considers and decides upon the Court s budget. Based on these discussions, the Study Group proposed a number of recommendations including developing defined procedures for budget queries from states parties to the Court, setting a predictable budgetary framework, reassessing the format of deliberations of states parties on the yearly budget, the contingency fund, the budget cycle and finally a review of existing programs and policies. 26

27 ASP DISCUSSIONS A. The Omnibus Resolution During the eleventh session, language in the Omnibus Resolution, for which consensus had emerged in the Study Group over the course of 2012, was adopted. In particular, the mandate of the Study Group, within The Hague Working Group, is extended for another year. The proposed roadmap to facilitate the consideration of proposals aimed at expediting the criminal process of the Court was endorsed. The Omnibus Resolution also endorsed the recommendations designed to improve the transparency, predictability and efficiency of the budget process. In addition, during the eleventh session itself a number of additional proposals by states parties were adopted and included in the Omnibus Resolution. The resolution encourages the Court, the CBF and states parties to build on the positive experiences from 2012 for the benefit of future budget processes. Also, reference is made to the increasing work load of the Working Groups in The Hague and New York. In that regard, the ASP Bureau is requested to make an evaluation of the respective groups working methods and suggest proposals for rationalisation, prioritisation, regular scheduling and increased efficiency of their work for consideration of the ASP at its twelfth session in This evaluation is to be undertaken by The Hague Working Group, including the Study Group on Governance, and the New York Working Group. The Bureau is also requested to evaluate the relationship between the Omnibus Resolution, a resolution traditionally adopted at every ASP session, and other resolutions generally under consideration by the ASP at its sessions. B. Proposal to Amend Rule 132 of the RPE During the second week of the ASP session, on Monday 19 November, the Working Group on Amendments met and agreed to adopt the draft resolution amending rule 132 of the RPE. RELEVANT DOCUMENTS Resolution Strengthening the International Criminal Court and the Assembly of States Parties (the Omnibus Resolution), ICC-ASP/11/Res.8: Resolution on the amendments to rule 132 of the Rules of Procedure and Evidence, ICC- ASP/11/Res.2: Report of the Bureau on the Study Group on Governance: Resolution on the Establishment of a Study Group on Governance, ICC-ASP/9/Res.2: Coalition Team on ASP Oversight, Comments and Recommendations to the Eleventh Session of the ASP: 27

28 XIII. INDEPENDENT OVERSIGHT MECHANISM BACKGROUND At the eighth session of the ASP in November 2009, the ASP established an independent oversight mechanism (IOM) in accordance with article 112(4) of the Rome Statute, which was mandated to provide for the inspection, evaluation and investigation of the Court in order to enhance the its efficiency and economy. At the time of its establishment, it was decided that the IOM s investigative function would be implemented immediately, while the inspection and evaluation functions would be brought into operation at a later stage. Over the course of the following years, states parties have extensively addressed the three mandates of the IOM in consultation with the Court, including in 2012 in discussions led by the Bureau s Facilitator on the IOM, Ambassador Jorge Urbina Ortega (Costa Rica). The Office of the Prosecutor is of the opinion that the investigation of alleged misconduct by staff of the ICC without the need for prior approval of the Prosecutor would violate the notion of independence enshrined in article 42 of the Rome Statute. As a result consensus has yet to be attained on the operationalisation of the IOM. Discussions will continue in Nevertheless, the Temporary Head of the IOM in close consultation with the Court, the Staff Union Council and states parties, developed a draft anti-retaliation/whistle-blower policy. This policy is now under consideration by the Court. ASP DISCUSSIONS The ASP discussed the IOM in the context of the Omnibus Resolution and also adopted a standalone resolution on the issue. In the Omnibus Resolution, the ASP recognises the importance of a fully operational IOM. The stand-alone resolution on the IOM requests the ASP Bureau to submit a comprehensive proposal that would make possible the full operationalisation of the IOM at the twelfth session of the ASP. It also acknowledges the anti-retaliation/whistle-blower draft policy and invites the Court to adopt it as soon as possible. RELEVANT DOCUMENTS Resolution on the Independent Oversight Mechanism, ICC-ASP/11/Res.4: Resolution Strengthening the International Criminal Court and the Assembly of States Parties (the Omnibus Resolution), ICC-ASP/11/Res.8: Report of the Bureau on the Independent Oversight Mechanism: Coalition Team on ASP Oversight, Comments and Recommendations to the Eleventh Session of the ASP: 28

29 XIV. THE PERMANENT PREMISES BACKGROUND The ICC is currently housed in interim premises in The Hague. The interim premises does not fulfil the Court s requirements in terms of office space and security in the long term. The permanent premises of the Court, to be built on the site of the Alexanderkazerne, a former military barracks on the outskirts of The Hague near Scheveningen, will be built by Schmidt Hammer Lassen Architects (Denmark). Construction of the premises is expected to start in February 2013, and to be completed in September 2015, with readiness for the Court to move into the new premises in December ASP DISCUSSIONS A model of the planned permanent premises of the ICC on display during the eleventh session of the ASP in The Hague on Tuesday, 20 November Credit: CICC/Roberta Celi On 14 November 2012, Roberto Bellelli (Italy), Chairman of the Oversight Committee on the Permanent Premises, presented the report of the Oversight Committee on the progress of the permanent premises project in Bellelli stated that on 24 August 2012, following the recommendation of the Project Director, the Oversight Committee decided to award the general contract for the construction of the project to Visser & Smit / Boele Van Eesteren for 147,044,700 which was approximately 6 million below the budget available for this purpose, and which should therefore produce a saving out of the total 190 million construction budget approved by the ASP. Finally, to strengthen the financial certainty of the project, the Committee decided to propose an extension of the deadline for states parties to opt in the system to 31 December 2014, and for making possible advance payments to be received in full by 15 June At the conclusion of the session, the ASP adopted the resolution on the permanent premises which covers, amongst others, the management of the project (budget, quality and timeliness) and one-time payments. The resolution also highlights the need for the Oversight Committee to consider the future total costs of ownership for the permanent premises. RELEVANT DOCUMENTS Resolution on the Permanent Premises, ICC-ASP/11/Res.3: Report on the activities of the Oversight Committee, ICC-ASP/11/35: 29

30 XV. SIDE EVENTS TUESDAY 13 NOVEMBER Coalition Global Strategy Meeting As it has done at every annual session of the ASP, the Coalition organised a meeting with its civil society members attending the session to exchange information on important developments at the national, regional, and international levels, including on civil society efforts and activities related to international justice, and to strategise on issues and countries of focus for the coming year. The meeting also served as a forum to discuss ASP-specific advocacy and strategies, with particular attention being paid to the important agenda items of budget, cooperation, and complementarity. Shorter daily strategy meetings were also held during the ASP to inform all attending NGOs of the state-of-play of discussions and of the opportunities for contributing to those discussions and the final outcome of the ASP. Commemorating the Tenth Anniversary of the Entry into Force of the Rome Statute The Municipality of The Hague hosted a social event Commemorating the tenth anniversary of the entry into force of the Rome Statute. WEDNESDAY 14 NOVEMBER Solemn Commemoration of the Tenth Anniversary of the Entry into Force of the Rome Statute In the morning, the Ministry of Foreign Affairs of the Netherlands, the ASP and the ICC cohosted a Solemn commemoration of the tenth anniversary of the entry into force of the Rome Statute in the Knight s Hall in The Hague. The event was attended by dignitaries, ambassadors, NGO representatives and Queen Beatrix, the Dutch monarch. The Security Council and the ICC: Concrete steps towards improved cooperation Parliamentarians for Global Action (PGA), Human Rights Watch and the Hague Institute for Global Justice co-hosted an event, entitled, The Security Council and the ICC: Concrete steps towards improved cooperation in the fight against impunity. The event featured speakers Barbara Lochbihler, German MEP and PGA member; Richard Dicker, director of the Human Rights Watch International Justice Program; Ambassador Christian Wenaweser, former ASP president and Permanent Representative of Lichtenstein to the United Nations; Phakiso Mochochoko, Head of the Office of the Prosecutor s Jurisdiction, Complementarity and Cooperation Division; Andries Nel, Deputy Minister of Justice and Constitutional Development of South Africa; and Alexander Khodakov, Special Adviser to the ICC Registrar. Representatives of numerous NGOs attended the event, as well as state representatives. THURSDAY 15 NOVEMBER NGO meeting with the Presidency of the International Criminal Court In a meeting, chaired by Coalition Convenor, William Pace, between NGOs and the ICC President, Judge Sang-Hyun Song and First Vice-President, Judge Sanji Monageng, President Song presented his office s priorities for 2013 which include improving the budgetary process, improving the Vice-President Monageng, President Song and William Pace on 15 November Credit: CICC/Roberta Celi 30

31 efficiency of proceedings through a formal lessons-learned exercise, and the election of the Registrar. President Song also emphasised the importance of increasing the universality of the Rome Statute and explained his efforts in this area. This presentation was followed by a Q&A session, in which President Song specified that for the campaign on universality, the Presidency was focusing on Gulf and North-African states and the Asia-Pacific region. Complementarity in practice - Preventing and prosecuting crimes of sexual violence in conflict and post-conflict situations The Netherlands, United Kingdom, Open Society Justice Initiative, and the Women s Initiatives for Gender Justice co-hosted an event entitled, Preventing and prosecuting crimes of sexual violence in conflict and post-conflict situations - complementarity in practice". Speakers included Lionel Veer, Human Rights Ambassador for the Netherlands; Fatou Bensouda, ICC prosecutor; and Emma Hopkins, leader of the UK foreign secretary's 'Preventing Sexual Violence in Conflict Initiative. The speakers discussed complementarity endeavors in relation to gender justice. Prosecutor Bensouda presented the OTP's strategy to effectively prosecute gender crimes. The event also included a panel moderated by OSJI Executive Director James Goldston. Panelists included Jane Adong, Legal Officer with Women's Initiatives for Gender Justice; Saida Ali, executive director of the Coalition on Violence Against Women in Kenya; Amira Khair, program officer with the Women's Initiatives; and Guy Makongo, country director of the American Bar Association-Rule of Law Initiative in the DRC. The panelists discussed issues including the scale of gender-based crime and complementarity efforts to prosecute gender-based crimes. Launch of the Gender Report Card 2012 The Women s Initiatives for Gender Justice hosted an event to launch the seventh Gender Report Card on the International Criminal Court. The launch was attended by states delegates, United Nations officials, Court officials, media and NGO representatives. Speakers included Women's Initiatives Legal Officer, Jane Anwar Adong and Executive Director Brigid Inder. The Gender Report Card analyses the institutional developments of the Court throughout 2012, as well the Court s substantive work and jurisprudence, with a focus on cases where gender-based crimes have been charged or where these issues have arisen during the legal proceedings, as well as those decisions affecting victims and witnesses appearing before the Court. The Gender Report Card on the International Criminal Court 2012 is available at: Report-Card-on-the-ICC-2012.pdf. Participants to the launch of the Gender Report Card 2012 Credit: CICC/Roberta Celi Screening of the movie Carte Blanche on the occasion of the tenth anniversary of the ICC The Swiss Federal Department of Foreign Affairs held, in honor of the tenth anniversary of the ICC, a special screening of the film "Carte Blanche", which follows ICC investigators on mission. 31

32 FRIDAY 16 NOVEMBER Promoting ratification and implementation of the Kampala Amendments to the Rome Statute In the afternoon an event, "Promoting ratification and implementation of the Kampala Amendments to the Rome Statute (Crime of Aggression; article 8)", was co-hosted by Liechtenstein, Belgium and the Global Institute for the Prevention of Aggression. The event was attended by government representatives from Liechtenstein, Belgium, Switzerland, Estonia, Australia, the United States, the Bahamas, Jamaica, Israel, Uganda, Sweden, Republic of Korea, France, Germany, Botswana, Italy, Guatemala, Spain, Greece, Portugal, Trinidad and Tobago, Ireland and South Africa. Other participants included ICC officials and the International Committee of the Red Cross. Coalition members were also in attendance. Panelists included Donald Ferencz, Convenor for The Global Institute for the Prevention of Aggression; Gérard Dive, Federal Coordinator for the Belgian Cooperation with the International Criminal Court and Tribunals; and Stefan Barriga, Deputy Permanent Representative of Liechtenstein to the UN, who provided a summary of developments to date and gave an overview of some of the technical tools available for states to move forward in their ratification and implementation processes. States reported on their progress ratifying the Kampala amendments. There was a general call for states to ratify and implement both Kampala amendments simultaneously. Athaliah Molokomme, the Attorney General of Botswana, delivered the keynote address. Coalition for the International Criminal Court Regional Meeting with African Governments The Coalition organised an Africa regional meeting with government representatives from Burundi, the Democratic Republic of Congo, Congo-Brazzaville, Ghana, Uganda, Madagascar, Namibia, Comoros, Côte d'ivoire, Chad, Tanzania, Kenya, South Sudan and Burkina Faso, along with civil society representatives from ICJ Kenya, Human Rights Watch, the Club des amis du Congo, Kenya Human Rights Commission, Kenyan for Peace, Ivorian Coalition for the ICC, Central African Republican Coalition for the ICC, Darfur Union, Truth and Speakers during the CICC regional meeting with African Governments Credit: CICC/Roberta Celi Justice (KPTJ), and the Coalition on Violence Against Women (OCOCEFAD), among others. Topics discussed included ratification and implementation; complementarity; positive complementarity; cooperation; sexual and gender-based violence; the Swiss-led initiative on Syria to encourage a UN Security Council referral to the ICC; and victim-related issues. Participants discussed the obligation of State Parties to cooperate with the ICC beyond the surrender of suspects and the current relationship between the AU and the ICC. The ICC s role in providing assistance, including technical training for judicial officers and prosecutors, was raised, as was the continuing need to establish an ICC liaison office in Africa. 32

33 African Efforts to End Impunity - Lessons for Complementarity from National and Regional Actions In an event organised by The Hague Institute for Global Justice and the Institute for Security Studies (ISS), the role of states in increasing national prosecutions was discussed, as well as the role of civil society in promoting complementarity. ICC Prosecutor Fatou Bensouda delivered a keynote address followed by presentations from Max de Plessis of the ISS and Professor Dire Tladi. The event was attended by government representatives and members of civil society. Coalition for the International Criminal Court Regional Meeting with Asian & Pacific Governments The Coalition organised an Asia-Pacific regional meeting attended by government representatives from the Republic of Korea, Australia, China, Japan, Laos, Indonesia, The Philippines, Switzerland, and The Netherlands, along with civil society representatives from the Indonesia Coalition for the ICC, Parliamentarians for Global Action, the Malaysian Bar Council Human Rights Committee, the Damascus Centre for Human Rights Studies, the Palestinian Centre for Human Rights, the Philippine Coalition for the ICC, and Human Rights Watch, among others. ICC President, Judge Sang-Hyun Song and several representatives from the Court s presidency were also in attendance. President Song discussed under-representation of Asia- Pacific states in Rome Statute membership and recent ratification efforts in the region. Issues discussed by participants included the status of ratification processes in states such as Malaysia, Indonesia, Laos, Thailand and China; barriers to ratification in the region; and the Swiss-led initiative on Syria to encourage a UN Security Council referral to the ICC, as well as various civil society initiatives. NGO meeting with the International Criminal Court Office of the Prosecutor A special meeting, chaired by Coalition Convenor, William Pace, was organised between NGOs and the ICC Prosecutor, Fatou Bensouda, to discuss the Prosecutor s priorities for the coming year and to exchange information on issues of common concern. Participants discussed developments in relation to the situations under investigation and those under preliminary examination by the Office of the Prosecutor. Coalition for the International Criminal Court NGO Press Briefing The Coalition held a press briefing moderated by Linda Gueye, Head of Communications at the Coalition, with David Donat Cattin, Director of Parliamentarians for Global Action s International Law and Human Rights Programme; Elizabeth Evenson, Senior Counsel for Human Rights Watch s International Justice Program; Esther Waweru, Programme Officer for the Kenya Human Rights Commission; and Radwan Ziadeh of the Damascus Center for Human Rights Studies. Linda Gueye, Head of the Communications for the Coalition Secretariat, moderated the briefing. Topics discussed included the situation in Syria, the Court s budget, and victims participation in Court proceedings. CICC members addressing the media on 26 November. Credit: CICC/Roberta Celi Reception in honour of the newly elected Board of Directors of the Trust Fund for Victims In the evening, Sweden and the Trust Fund for Victims (TFV) hosted a side-event followed by a reception in honour of the newly elected Board of Directors of the TFV and on the occasion of the launch of the Trust Fund s Winter 2012 Report. 33

34 Coalition and Amnesty International Reception in Honour of the tenth anniversary of the International Criminal Court and Launch of the Amnesty International Centre for International Justice The Coalition for the International Criminal Court and Amnesty International hosted a reception commemorating the tenth anniversary of the ICC and the launch of Amnesty International s Centre for International Justice in The Hague. Representatives of governments, the ICC and civil society organisations, amongst others, were in attendance, with presentations delivered by Coalition Convenor, William Pace and Amnesty International s Secretary General, Salil Shetty. Amnesty International s Salil Shetty and Lori Galway Credit: CICC/Roberta Celi SATURDAY 17 NOVEMBER Legal Workshop for States Parties interested in the Ratification and Implementation of the Kampala Amendments to the Rome Statute The government of Liechtenstein and the Global Institute for the Prevention of Aggression cohosted a workshop for states parties on the Kampala Amendments, which was closed to nonstate actors. Official Launch of Justice Matters - Multimedia exhibition on the occasion of the tenth anniversary of the entry into force of the Rome Statute The Municipality of The Hague, the Swiss Federal Department of Foreign Affairs and the ICC launched "Justice Matters," a multimedia exhibition featuring international justice-related photographs. Introductory remarks were made by ASP Vice President, Ambassador Markus Börlin and ICC Registrar, Silvana Arbia. Discussing an International Criminal Court Completion Strategy No Peace Without Justice and the United Kingdom co-hosted an event on the development of a comprehensive completion strategy for the ICC. A panel featuring ICC, Judge Ekaterina Trendafilova; Deputy Registrar for the Special Court for Sierra Leone, Fidelma Donlon; Chef de Cabinet and acting Legacy Officer at the International Criminal Tribunal for the former Yugoslavia, Gabrielle McIntyre; and, Legal Officer for the Open Society Justice Initiative, Alpha Sesay; discussed potential strategies for the Court to conclude and complete its work in situation countries following the completion of Court proceedings. Secretary General of No Peace Without Justice, Niccolò Figà-Talamanca and ICC Registrar, Silvana Arbia delivered introductory and concluding remarks, respectively. Coalition for the International Criminal Court Regional Meeting with European Governments In the afternoon, the Coalition, the government of Cyprus, and the European External Action Service (EEAS) co-hosted a regional meeting with civil society and European government representatives. Ambassador James Droushiotis (Cyprus) and the EU's focal point on the ICC, Dr. Christian Berhmann (EEAS) provided welcome remarks, describing some of the actions undertaken at the EU level in support of the ICC. Civil society representatives from the Georgian Young Lawyer's Association, the International Commission of Jurists-Kenya, the Colombian Commission of Jurists, and the Indonesian Coalition for the ICC briefed the audience on concerns specific to their countries or regions. Ambassador Tiina Intelmann gave keynote remarks on her role as President of the ASP, followed by short interventions by representatives 34

35 from various European governments on their efforts to support the Rome Statute system. Some of these included an initiative put forward by The Netherlands, Belgium, and Slovenia to develop an international treaty on mutual legal assistance for international crimes; and a Swissled initiative for a UN Security Council referral of the situation in Syria to the ICC. During the question & answer session that followed, civil society and state representatives discussed inter alia the Prosecutor s preliminary examination in Georgia; complementarity; EU support for the ICC, including a complementarity toolkit the organisation is preparing; ratification efforts in underrepresented parts of Europe and the need for full and effective implementation of the Rome Statute into domestic law ; and using the Universal Periodic Review at the UN Human Rights Council to promote Rome Statute ratification. Coalition for the International Criminal Court Regional Meeting with Middle East & North African Governments The Coalition organised a Middle East and North Africa regional meeting with government representatives including, Bahrain, Morocco, Kuwait, Palestine, Egypt, Tunisia, Senegal, along with civil society representatives from Phoenix Libya, Human Rights Watch, Youth for Peace - Morocco, the Damascus Center for Human Rights, Arab-European Center for Human Rights and International Law, Kurdocide Watch, Al-Kawakibi Democracy Transition Center, Dawlaty Foundation, Mohamed V University, Parliamentarians for Global Action, Peace and Justice Initiative, the American Bar Association, No Peace Without Justice, the Public International Law Policy Group, the International Criminal Law Society, and the International Centre for Supporting Rights Participants to the CICC meeting with Middle East & North African Governments Credit: CICC/Roberta Celi and Freedoms-Egypt, among others. Other participants included ICC spokesperson, Fadi al Abdallah and representatives of the Arab League. Participants recognised the interplay between government actors and civil society as an essential means for ensuring justice, raising awareness about the ICC and the Rome Statute in the region, and pressuring governments to end impunity and establish strong and independent rule of law mechanisms. Topics discussed included civil society and ICC-related developments in the region; the ICC and Egypt after the 25th January Revolution; recent constitutional changes in Morocco and steps to implement provisions of the Rome Statute into national law; challenges to domestication of the Rome Statute in Tunisia; the League of Arab States and the ICC: and legal challenges to regional cooperation with the ICC. The meeting also provided a forum to discuss the Swiss-led initiative for a UN Security Council referral of the situation in Syria to the ICC. Justice Rapid Response: Group of Participants Meeting A meeting was held on the Justice Rapid Response mechanism - a multilateral stand-by facility that can rapidly deploy active-duty criminal justice and related professionals in situations where human rights violations may have occurred. MONDAY 19 NOVEMBER Book Launch on State Sovereignty and International Criminal Law The Forum for International Criminal and Humanitarian Law, together with the governments of Finland and Norway co-hosted a launch of the book State Sovereignty and International Criminal Law. ICC Judge Hans-Peter Kaul chaired a panel that included Judge Liu Daqun, 35

36 ICTY/ICTR Appeals Chamber; Judge Erkki Kourula, president of the ICC Appeals Chamber; Professor Ling Yan, China University of Political Science and Law and member of the Chinese delegation to the ASP; Professor Claus Kress, University of Cologne and member of the German delegation to the ASP. The panelists discussed the book which challenges views that state sovereignty need necessarily obstruct criminal justice for core international crimes, with a focus on immunity of state officials and universal jurisdiction. International Criminal Court Legal Tools Project: PURL, Publications and other new developments The Case Matrix Network (CMN), together with the governments of Finland and Norway cohosted a side event on positive complementarity and the ICC Legal Tools. CMN Senior Advisor Siri S. Frigaard, Chief Public prosecutor and Director of the Norwegian National Authority for Prosecution of Organised and Other Serious Crime, chaired a panel comprised of CMN Senior Advisor Olympia Bekou, associate Professor at the University of Nottingham; CMN Senior Advisor Emilie Hunter, researcher at the European University Institute; Dr. Volker Nerlich, Legal Advisor for the ICC Appeals Chamber; and CMN Executive Advisor Alf Butenschøn Skre, Norwegian Embassy in The Hague. Speakers presented the latest developments in the ICC Legal Tools Project and discussed how it can be used to build national capacity to investigate and prosecute core international crimes. Book Launch on Old Evidence and Core International Crimes The Forum for International Criminal and Humanitarian Law, together with the governments of Finland and Norway also launched the publication of Old Evidence and Core International Crimes, a book that addresses challenges with the location, treatment and assessment of old evidence for core international crimes. Chief Public Prosecutor, Siri S. Frigaard, director of the Norwegian National Authority for Prosecution of Organised and Other Serious Crime and former deputy general prosecutor for serious crimes in East Timor, chaired a panel with US Ambassador-at-Large for War Crimes, Stephen J. Rapp, Office of Global Criminal Justice for the US Department of State; Assistant Professor Cheah Wui Ling of the National University of Singapore; and Gilbert Bitti, Senior Legal Adviser for the ICC Pre-Trial Division. EU Network of contact points for investigation and prosecution of genocide, crimes against humanity and war crimes complementarity and cooperation A "Presentation of the EU Network for Investigation and Prosecution of Genocide, Crimes against Humanity and War Crimes - Cooperation and Complementarity" was co-hosted by Belgium, Cyprus, Denmark, Hungary, Italy, The Netherlands, Slovakia, Slovenia, Spain, Sweden and the EU Network Secretariat. A panel with Matevz Pezdirc, EU Network Coordinator; Gerard Dive, Federal Coordinator for Belgian cooperation with the ICC and tribunals and head of the International Humanitarian Law Unit for the Belgian Ministry of Justice; Dr. Tobias Mästle, First Prosecutor, German Federal Prosecutor General s Office; and Maarten van der Vlugt, Special Legal Officer for international crimes, Dutch National Prosecutor's Office. The panelists presented on the EU Network s structure, working methods and activities aimed at fighting impunity at the national level, followed by a brief question-and-answer session. Accountability and Transitional Justice in the Middle East and North Africa No Peace Without Justice (NPWJ) hosted a panel discussion chaired by Ahmad Nader Nadery, Head of Mission for the NPWJ Project in Libya, discussed transitional justice experiences from the Arab Spring. Mohsen Marzouk, founding member of the Al Kawakibi Democracy Transition Center, discussed the Tunsisian experience, stating that successful political and governmental reforms must be built on transitional justice. Alaa Baayo, executive projects manager for the Voice of Libyan Women, discussed the role transitional justice has played in Libya's transition to 36

37 democracy. Mustafa Haid, director of Dawalty, spoke about the lack of capacity for justice in Syria and the need for a Security Council referral of the situation to the International Criminal Court. Khalil Ebrahim Al-Marzooq, Secretary General and assistant for Political Affairs of the Al- Wefaq National Islamic Society, discussed the lack of national proceedings and transitional justice in Bahrain. Interventions were made regarding the potential role Shari a law can play in transitional justice, the role of civil society, and the political consequences of a lack of transitional justice. Coalition for the International Criminal Court Regional Meeting with Latin American & Caribbean Governments The Coalition organised a Latin America and Caribbean regional meeting with government representatives from Chile, Jamaica, Trinidad & Tobago, Guatemala, Barbados, Brazil, Argentina, Panama, Costa Rica, Mexico, Peru, Uruguay, Bolivia and Ecuador, along with civil society representatives from inter alia the Colombian Commission of Jurists, Colectivo de Abogados José Alvear Restrepo (CAJAR), the International Federation for Human Rights (FIDH), the Mexican Coalition for the ICC, No Peace Without Justice, Parliamentarians for Participants to the CICC meeting with Latin American & Caribbean Governments Credit: CICC/Roberta Celi Global Action, Avocats Sans Frontières, among others. Representatives from the ICC Registry, the Office of the Prosecutor, the European Union, and the University of New South Wales also attended. Participants gave an overview of the status of ratification and implementation processes and discussed other ICC issues relevant to the region, including the role of the OAS in promoting the ICC across the Americas; the preliminary examinations in Colombia and Honduras as well as the current situation in Mexico, and overall regional diplomatic support to the Court. Other topics discussed included cooperation with the ICC (including the role of the UN Security Council); the crime of aggression; and the Swiss-led initiative for a UN Security Council referral of the situation in Syria to the ICC. Peace negotiations and fight against impunity in Colombia: The need for ICC action Avocats Sans Frontières, Colectivo de Abogados José Alvear Restrepo (CAJAR) and the International Federation for Human Rights (FIDH) co-hosted a side event entitled, "Peace negotiations and the fight against impunity in Colombia: The need for ICC action." Topics discussed included potential crimes under the Court's jurisdiction in Colombia and national peace and justice efforts. Emeric Rogier, Head of the Situation Analysis Section in the ICC s Office of the Prosecutor, offered an overview of some of the main aspects covered in the OTP's preliminary examination of Colombia, and several participants offered their perspective and constructive criticism on some aspects of said report. During the meeting, NGO representatives working in Colombia gave their analysis of the latest developments in the country concerning the case of false positives, the current peace negotiations ongoing in La Habana, as well as the Legal Framework for Peace, the reform to the Military Justice system, among other issues. Views on the principle of complementarity and its repercussions in Colombia were also exchanged during the meeting. 37

38 The protection of witnesses: pressing challenges faced by the Court The Registry organised a side event on "The Protection of Witnesses: Pressing Challenges Faced by the Court". The ICC Registrar, Silvana Arbia gave introductory remarks, followed by ICC First Vice President, Judge Sanji Monageng, who discussed the impact that the lack of relocation agreements for victims and witnesses was having on Court proceedings. The Victims and Witnesses Unit s Head of Protection, Grant Conje, discussed difficulties faced by his unit and Marc Dubuisson, director of the ICC Division of Court Services, spoke about the financial and legal aspects of relocating witnesses. Christine Björk, Desk Officer for the Swedish Foreign Ministry's Department for International Law, Human Rights and Treaty Law, discussed complementarity in relation to witness protection. Finally, Gerhard Van Rooyen, Witness Protection Adviser for the UN Office on Drugs and Crime, spoke on developing national capacity for witness protection. Meeting with the OTP s new Special Adviser on Gender In a gathering chaired by Coalition Program Director, Jelena Pia Comella, NGO representatives met with Brigid Inder, the newly appointed Special Adviser on Gender for the OTP. Brigid Inder, during the meeting on 19 November. Credit: CICC/Roberta Celi In addition to explaining the process that led to her appointment, Inder affirmed that the OTP is developing its first policy on how to investigate and prosecute sexual and gender-based crimes, which will be presented next summer and which differs from the adoption of an over-arching gender policy within the OTP and the ICC. Inder also stressed that almost all cases of gender-based crimes that are being investigated by the OTP are carried out in the context of armed conflict, which gives way to very complex scenarios. Inder s presentation was followed by a Q&A session in which the potential impact of this coming policy was discussed. TUESDAY 20 NOVEMBER ICC Permanent Premises, presentation on the status of the project The Oversight Committee on the Permanent Premises held a presentation on the status of the Court s permanent premises. Neil Bradley, Project Manager of the Permanent Premises Project, presented the premises' design and provided a financial overview of the project. The event was chaired by Roberto Bellelli, chair of the Oversight Committee on the Permanent Premises. Forging a Convention for Crimes against Humanity The Whitney R. Harris World Law Institute at Washington University School of Law hosted an informational side event entitled, "Forging a Convention for Crimes Against Humanity", a presentation of the Crimes Against Humanity Initiative (CAHI), a project that has studied the need for a convention on the punishment and prevention of crimes against humanity and prepared a draft treaty to that effect. Panellists included CAHI Steering Committee members, Ambassador Hans Corell, Judge Christine Van den Wyngaert, and Professor Leila Nadya Sadat. Violence against human rights defenders in Colombia: The role of the ICC in preventing crimes against humanity The Colectivo de Abogados José Alvear Restrepo (CAJAR), the European Center for Constitutional and Human Rights (ECCHR) and the International Federation for Human Rights (FIDH) held an event on "Violence against human rights defenders in Colombia: The role of the 38

39 ICC in preventing crimes against humanity". A panel featuring Alirio Uribe (CAJAR); Gustavo Gallón (Colombian Commission of Jurists); Gildardo Tuberquia (Leader from the Peace Community of San José de Apartadó, Colombia); Emiro Goyenche (relative of a murdered Colombian trade unionist); Jimena Reyes (the International Federation for Human Rights -FIDH); and Wolfgang Kaleck (ECCHR), discussed the persecution and assassination of trade unionists in Colombia and the ICC's activities in the country. Panellists critically analysed the influence of the OTP preliminary examination in Colombia and called for more involvement from the International Criminal Court. Victim participation: Importance, Challenges and Considerations for the Future In the afternoon, the Victims Rights Working Group, Colombia and Tunisia held a side-event panel entitled, "Victim participation, Importance, Challenges and Considerations for the Future." ASP President, Tiina Intelmann provided opening remarks. The Bureau s Facilitator on Reparations, Ambassador Karim Ben-Becher (Tunisia), discussed the importance of victims' participation, noting that it will be a new item on the agenda of next year's ASP. A panel chaired by REDRESS Deputy Director, Mariana Goetz included Head of the ICC s Victims Participation and Reparations Section, Fiona McKay; James Songa of Avocats Sans Frontières; Mariana Pena, an independent consultant on victim-related issued; and Marie Edith Douzima Lawson, legal representative of victims in the Bemba case. Topics discussed included the victims' application process and its evolution over the Court's first ten years; the Court s use of intermediaries; the new application process in the Kenya cases and its impact on victims' participation; and victims' participation in the Bemba case. The event was attended by NGO and government representatives, as well as legal representatives of victims. International Bar Association Forum - Raising the Bar: Exploring the relationship between lawyers and the ICC after ten years, and charting the way forward The International Bar Association (IBA) hosted an evening panel chaired by ICC Vice President Judge Sanji Monageng and featuring ICC Registrar, Silvana Arbia; Head of the ICC Office of the Public Counsel for the Defence, Xavier-Jean Keita; lead defence counsel for Thomas Lubanga Dyilo, Catherine Mabille; and legal representative of victims in the Darfur situation and co-founder of the International Justice Project, Raymond Brown. Issues discussed by the panel included lessons learned from the Lubanga trial, security of counsel, legal aid reform, a potential independent bar association for ICC list counsel, internalisation of counsel, and the relationship between Catherine Mabille and Lorraine Smith list counsel and the ASP, among others. The IBA s ICC during the IBA Forum Programme also launched its latest report, "Counsel Credit: CICC/Roberta Celi Matters at the International Criminal Court - A review of key developments impacting lawyers at the ICC", during the event. WEDNESDAY 21 NOVEMBER The Pre-Trial phase at the International Criminal Court: lights and shades The Group of Friends of the ICC hosted an event entitled, "The Pre-Trial phase at the International Criminal Court: lights and shades." Sasa Obradovic (Serbia), coordinator of the Group of Friends of the ICC in The Hague, gave opening remarks, explaining the work of the Group of Friends. ICC Second Vice President, Judge Cuno Tarfusser, discussed pre-trial 39