#NGOVoices at the 21st session of the Assembly of States Parties of the ICC
The Coalition for the ICC will take part in the 21st session of the Assembly of States Parties (ASP) #ASP21, that will be held in The Hague, The Netherlands, from 5 to 11 December 2022. At each annual session, States Parties to the ICC Rome Statute (which established the International Criminal Court) discuss crucial issues for the governing of the Court and take decisions that have a direct impact on its work and the victims and communities it seeks to serve, and this year is no exception.
In 2022, on the occasion of the 20th anniversary of the entry into force of the Rome Statute, the role of the ICC in the fight against impunity for the Rome Statute crimes of genocide, crimes against humanity, war crimes and the crime of aggression was central to the international debate. This year in particular, for the global role of the ICC in securing the right to justice for victims where states are unable or unwilling, support to the ICC must go hand in hand with the provision of sufficient and sustainable resources in its regular budget to adequately match its growing workload and to ensure victims’ rights to information, participation, redress; outreach to victims and affected communities; with continued effective cooperation with its investigations; and with steadfast political support, in particular in the face of threats or attacks against it or against those cooperating with it.
Ensuring the Court has adequate resources is essential for it to effectively exercise its mandate and meet the expectations placed on it not only by the States Parties funding it, but also by the victims and affected communities it seeks to serve in all situations that come before it. For many years now, negotiations of the ICC budget have taken place in a context in which the Court does not have the space to request the resources it needs, particularly as some States Parties seek to impose arbitrary financial limits which have long-lasting negative effects. Ultimately, the Court has been, year after year, left to do more and more with less and less. The adoption of a budget that is clearly inconsistent with the Court’s workload results in harm to victims’ access to justice and poses unjustifiable challenges the Court’s delivery of fair and accessible justice.
The Coalition for the ICC calls for a fundamental change in the approach to the resources needed by the Court in its regular annual budget in order to meet the high expectations placed on it in a sustainable manner, without arbitrary limitations that may have a political effect or damage perceptions of the Court’s legitimacy and independence.
This year, after the exceptional call by the ICC’s Office of the Prosecutor (OTP) and provision of voluntary financial and personnel resources by States Parties, the Coalition for the ICC calls on the ASP to ensure that adequate and sustainable financial resources be provided through the Court’s regular budget, without arbitrary limitations that may affect perceptions of the Court’s legitimacy and independence.
Oftentimes, discussions around the Court’s budget are removed from the reality in situations where the Court operates. What may be a budget line on a page to a state representative in The Hague or New York may be an inadequately staffed field office resulting in limited outreach activities for affected communities in a situation country; a cut of a few percent can impact significantly access of documents in certain languages, victims’ meaningful participation in proceedings, or sufficient staff and capacity obliging all organs to prioritise certain activities over others, despite the increasing impunity gaps and expectations.
Ahead of the 21st ASP session, Coalition members from around the world share their views and recommendations on what States and the Court can do, including during negotiations on the ICC’s budget, as well as looking ahead to 2023. See what civil society and HRDs from all around the world have to say:
Asia Justice and Rights (AJAR) on the situation in Myanmar and in the Philippines
“The ICC must prioritise the ongoing Bangladesh/Myanmar investigation and show continued support for the pursuit of justice for all people of Myanmar as a signal to the perpetrators that they will be held accountable for crimes committed.”
AJAR also shared the following quote by Nur, a Rohingya victim: “It is crucial for the ICC to hear the voices of the victims, those who were tortured, raped, and burned by the Myanmar military. We hope that the ICC will do more to listen to Rohingya victims, shedding light on our dire situation.”
“The ICC must resume its investigation into the alleged crimes against humanity during the anti-drug operation in the Philippines. Along with the ongoing ICC investigation, the Philippines government must also strengthen its cooperation with international human rights mechanisms. The deferral request filed by the Philippines is only stalling the failed demonstration of domestic proceedings, where no prompt, effective, and investigation have been done for all the allegations. The ICC shall not allow itself to be swayed by the government’s claims and continue to proceed with the Court’s accountability process.”
Al-Haq, Palestine
Diana Alzeer, Head of Outreach and Communications:
"While we welcomed the ICC and states' concrete engagement towards accountability for international crimes in different situations, we are deeply concerned by the lack of similar steps towards concluding the investigation in the situation in Palestine. This shows that there is selectivity and double standards in the application of international law, which threatens the credibility international organisations and leads Palestinians in general to lose the little remaining faith in the international legal and justice system. It is imperative that perpetrators of the most serious crimes everywhere are brought to justice.”
Burundi national Coalition for the ICC / African Francophone Coalitions for the ICC Network (AFC-ICC)
Lambert Nigarura, President of the Burundi National Coalition for the ICC and Secretary General of the network of African Francophone coalitions:
“If the ICC had the adequate resources to match its workload, that is constantly increasing around the world, the positive impact on victims that the Burundi National CICC and other NGOs support would be greater, and the expectations placed upon this unique international court would be met”
Center for Constitutional Rights (CCR), United States
Katherine Gallagher, CCR Senior Staff Adviser:
“All victims in the Afghanistan decision have suffered the old adage, ‘justice delayed is justice denied.’ The Prosecutor now has the authority to deliver a measure of justice to victims of the Taliban, the Afghan forces, and the US torture programme. A failure to investigate US actors at this court of last resort would send a dangerous message to officials from powerful States – and their victims - that some are indeed above the law. That must not happen.”
Ciudadanos en Apoyo a los Derechos Humanos. A. C. (CADHAC), Mexico
“In order for justice to prevail in serious crimes of international concern and for victims to access reparations on their behalf, States Parties must show that they are up to the current challenge and allocate sufficient resources to the ICC to efficiently attend the growing volume of requests for intervention; Not doing so is encouraging impunity to continue.”
Georgian Young Lawyer’s Association (GYLA) / Georgian national Coalition for the ICC (GCICC)
Tamar Oniani, Head of the International Litigation Team at GYLA and chair of the GCICC:
“More than 13 years after the 2008 August War, the consequences of the international crimes committed back then are still impacting victims’ lives today. About 28,000 ethnic Georgians have been displaced and 20% of Georgia remains occupied by the Russian Federation. The victims live in unbearable socio-economic conditions in the places of resettlement and near the administrative boundary line. The grave housing conditions, the non-existence of the employment opportunities, impossibility of agricultural work, lack of medical services, lack of income generating activities and educational opportunities are especially problematic. The ICC Trust Fund for Victims should have enough resources to support income generating activities to truly meet the mission goal to support and implement real life-changing activities to address the harms for the August war victims.”
Human Rights Watch (HRW)
Liz Evenson, International Justice Director:
“International Criminal Court member countries should seize upon the renewed attention on international justice and demonstrate the strongest possible political support for the ICC’s global remit by ensuring that its general budget meets its needs. This is key so that the court can fully and consistently fulfill its mandate across all situations and avoid any perceptions of double standards in victims’ access to justice.”
International Federation for Human Rights (FIDH)
Delphine Carlens, Head of the International Justice Desk:
"States Parties must adopt a principled approach and ensure long-term financial support for the Court and for all situations of international crimes by contributing to its general, unrestricted budget, rather than allocating funds for specific situations or specific ICC organs. States must ensure that adequate resources are dedicated to sections of the Court working to support meaningful victim participation at all stages of the proceedings. The credibility, legitimacy and effectiveness of the ICC is at stake here."
The Kenyan Section of the International Commission of Jurists (ICJ Kenya)
Joanne Mutonga, Programme Officer:
"We call upon States Parties to fully support the ICC so its mandate is fulfilled, particularly around outreach, raising awareness, and interacting with victims and survivors. This cannot be achieved without sufficient budgetary allocation."
Lawyers for Justice in Libya (LFJL)
Cristina Orsini, Senior Programmes Officer:
“It is of paramount importance that the 2023 budget includes an increase in order to enable the Court to continue to prioritise the Libya situation and to make tangible progress for victims and affected communities. In this context, in addition to investigations, activities that enable the realisation of the Court’s mandate towards victims such as outreach and victim participation must not be compromised by budget constraints. Thus, while resource challenges need to be addressed, they cannot be an excuse to ignore victims’ rights. Sequencing the engagement of victims and affected communities to judicial developments fails to recognise their role as a catalyst for the generation of new evidence in ongoing investigations and should be equally prioritised.”
League for Peace, Human Rights and Justice (LIPADHOJ), the Democratic Republic of the Congo
Jessie Anita Nissi, Consultant:
The League for Peace, Human Rights and Justice (LIPADHOJ) thanks the States Parties to the Rome Statute for their contributions and urges them to think more about the victims and communities affected by the cyclical wars in the DRC, because the adequate financing of reparations, including the assistance program of the Trust Fund for Victims, would inevitably contribute to lifting the victims out of the socio-economic precariousness inflicted on them by the damage they suffered.
Media Initiative for Human Rights, Ukraine, on behalf of Ukraine 5am Coalition:
“Achieving justice depends on how strong the chain of cooperation is at all levels. Ukrainians affected by war share their pain not to collect sympathy, but to achieve repaying their offenders. The Ukraine 5 AM Coalition organizations document these testimonies not only for history but also for court processes to have a solid evidence base for proving the facts of international crimes committed under Russia's armed aggression. We believe that the international community will be strong and steadfast in making the decisions that depend on it to achieve justice and punish evil”.
Palestinian Centre for Human Rights (PCHR)
Mr. Raji Sourani, Director at PCHR:
“After decades of struggle, when Palestine joined the International Criminal Court in 2014, our hope to finally get justice for the victims of Israel’s criminal occupation became real. In 2020, the opening of an investigation by the Prosecutor was perceived as a huge leap forward. We, Palestinian independent civil society organisations, supported the ICC from day one and have played a key role in bringing this investigation to life. After years of frustration, we hoped that it was the start of a new era of accountability for the grave crimes committed in occupied Palestine. However, since the new Prosecutor took office till today, we have not seen any concrete step in this investigation. The situation on the ground is deteriorating year after year, month after month, day after day. We feel that we have been left alone in our struggle and Palestinian victims are losing hope. I have lived my entire life under occupation. But I do believe in the rule of law, and our shared dignity. I firmly believe that we are on the right side of history, that justice will be achieved, but the road is not easy, and the ICC has a big legal responsibility to prove that we are not alone in the fight for justice.
Parliamentarians for Global Action (PGA)
Dr. David Donat Cattin, Secretary General:
“The quality of the ICC judges is of fundamental importance to the performance, efficiency, and effectiveness of the ICC. Without qualified judges, the ICC cannot live up to its promise of guaranteeing accountability to perpetrators of international crimes and rendering justice for victims. As such, it is crucial that States Parties equip themselves with domestic procedures guaranteeing that only the most qualified candidates are nominated for the ICC judicial elections, through public, transparent, and merit-based national processes.”
Programa Venezolano de Educación Acción en Derechos Humanos – PROVEA
Calixto Ávila:
“It is urgent that the Assembly guarantees the provision of sufficient resources for the functioning of the Court. The debt in contributions accumulated by the Venezuelan State between 2014 and 2021, amounting to 13 million euros, not only deprives it of the right to vote, but also affects the performance of the ICC. Now that the ICC judges have issued an order inviting victims in Venezuela I to provide observations, views and concerns, and that the ICC Prosecutor's Office will have an office in Venezuela, it is even more necessary for the Venezuelan State to comply with its financial obligations.”
Transitional Justice Coordination Group, Afghanistan
Maina Abbasi:
"The success of the ICC in Afghanistan and elsewhere is possible only if State Parties fulful their obligations and strengthen the Court. We call on States to provide the OTP with resources, political support and cooperation, which are needed to carry out its full investigation. States should also allocate resources for civil society and NGOs supporting the Court's mandate."
Ukrainian Legal Advisory Group
Nadia Volkova, Director:
“We urge State Parties toon put pressure on Ukrainian authorities to create conditions under which Ukraine can fulfill its obligations. These include ratification of the Rome Statute by Ukraine; the adoption of domestic legislation that ensures international standards of due process when prosecuting grave crimes; and ensuring that Ukrainian authorities and judges obtain necessary knowledge and skills to tackle cases of grave crimes.”
Coalition for the ICC
Melinda Reed, CICC Acting Convenor:
“In the past year, civil society organizations and human rights defenders have continued to face immense political, security and financial challenges in their fight to bring justice to victims and for their work with the Court, and we look to States Parties at this session to reaffirm the crucial role of civil society organizations and human rights defenders fighting to bring justice to victims around the world and working with the Court, and commit to support, defend and protect human rights defenders, their families, and their work, and condemn all attacks and threats against them. We stand in solidarity with Coalition members and other civil society organisations and human rights defenders.”
