Monthly News Updates: International Criminal Court - November 2021
By: Claire Kaula, Junior Research Associate, PILPG-NL
In November, the International Criminal Court addressed the United Nations General Assembly and the United Nations Security Council, the Appeals Chamber issued several decisions, and the Trust Fund for Victims welcomed the first voluntary contribution from Mali.
ICC
During annual retreat ICC judges agree on amendments to the Chambers Practice Manual and Regulations of the Court
On November 19 and 20, the ICC judges held their annual judicial retreat online. First, the retreat focused on proposals to court procedures based on the Independent Expert Review Report from 2020. The adopted amendments include a model for court proceedings that will make trials more efficient, and the “A-B-C Approach” for transmitting victims’ applications to participate in proceedings. Then, the judges discussed institutional issues the ICC is facing. They agreed to continue discussing measures to address bullying and harassment in the workplace, and formed a working group to further discuss gender equality at the Court. [November 22, 2021]
ICC President presents Annual Report to the General Assembly
On November 10, the ICC President Judge Piotr Hofmański presented the ICC’s Annual Report to the UN General Assembly. He praised the Court’s ability to continue operations and make progress on proceedings during the COVID-19 pandemic. Throughout the speech, he emphasized the importance of the ICC to uphold the rule of law and to prevent mass violence. He outlined areas the Court is striving to strengthen, such as providing effective and fair justice, and enhancing the staff gender balance. He urged states that are not parties to the Rome Statute and the Agreement on Privileges and Immunities to join, and for all states to make donations to the Trust Fund for Victims. [November 10, 2021]
AFRICA
Mali | Ahmad Al Faqi Al Mahdi’s sentence reviewed and reduced by ICC Appeals Chamber
In 2016, the ICC Trial Chamber VIII convicted Ahmad Al Faqi Al Mahdi as a co-perpetrator for intentionally directing attacks against ten religious and historical monuments in Mali. The Trial Chamber sentenced Al Mahdi to nine years in prison. The ICC Appeals Chamber reduced the sentence by two years. In making this decision, the Appeals Chamber was mindful of the views expressed by Mali and the victims, but also considered Al Mahdi’s cooperation with the Court. The Appeals Chamber set Al Mahdi’s new release date as September 18, 2022. [November 25, 2021]
Libya | ICC Prosecutor Karim A.A. Khan addresses the United Nations Security Council on the Situation in Libya
In his first briefing to the United Nations Security Council as ICC Prosecutor, Karim A.A. Khan addressed the Situation in Libya between May 18 and November 17, 2021. During this time, the Office of the Prosecutor (the Office) received several reports on serious crimes occurring in Libyan detention facilities, and crimes against migrants. The Office also received new reports of allegations of serious crimes occurring in Tarhunah, and new complaints of displaced persons from Benghazi. The ICC Prosecutor emphasized Libya’s responsibility to protect their population and the importance of cooperation between Libya and the Office. [November 23, 2021]
Sudan | ICC Appeals Chamber rejects Defense’s jurisdictional challenges in The Prosecutor v. Ali Muhammad Ali Abd-Al-Rahman
In the Abd-Al-Rahman case, the ICC Appeals Chamber unanimously rejected the Defense’s appeal claiming the Court does not have jurisdiction. Firstly, the Chamber found no error in how the Pre-Trial Chamber defined “situation” in “terms of temporal, territorial and in some cases personal parameters.” Secondly, the Chamber found that the lack of funding by the UN did not invalidate the referral of the case by the UN Security Council. Thirdly, the Chamber found that although Sudan is not party to the Rome Statute, the referral resulted from serious violations of human rights and humanitarian law criminalized under international law, and part of customary international law. As a result, the Chamber found that the ICC has jurisdiction over the case. The trial is set to start April 5, 2022. [November 1, 2021]
THE AMERICAS
Venezuela | ICC Prosecutor opens investigation into the Situation in Venezuela and signs Memorandum of Understanding with Venezuela
After concluding a preliminary examination, ICC Prosecutor Karim A.A. Khan opened a formal investigation into the Situation in Venezuela. The Venezuelan Government is cooperating even though they do not believe the conditions are met for an investigation. The ICC Prosecutor and President of Venezuela signed a Memorandum of Understanding where both parties agreed to establish mechanisms to help the investigation, and for Venezuela to have genuine national proceedings. [November 3, 2021]
ASIA
The Philippines | The Philippines requests the Prosecution to defer investigation
Prosecutor Karim A.A. Khan notified ICC Pre-Trial Chamber I that the Philippines requested deferral of the Prosecution’s investigation. The investigation concerns crimes against humanity during the “War on Drugs” campaign between July 1, 2016 and March 16, 2019 in the Philippines, and between November 1, 2011 and June 30, 2016 in the Davao area. In response, the Prosecution has requested additional information from the Philippines and has temporarily suspended the investigation to assess the request. But as is allowed under the Statute, the Prosecution will continue its analysis of the information it already has. [November 18, 2021]
EUROPE
Malta | Malta makes its first contribution to the Trust Fund for Victims
This year, Malta made its first voluntary contribution of 20,000 euros to the Trust Fund for Victims. The Trust Fund for Victims expressed its gratitude towards Malta for its commitment towards helping provide justice for victim-survivors of crimes under the ICC jurisdiction, even with the challenges resulting from the COVID-19 pandemic. [November 22, 2021]