Monthly News Update: International Criminal Court – March 2021
By: Inne Flies, Junior Research Associate, PILPG-NL
This news update synthesizes information concerning the International Criminal Court (ICC). This month, there was an opening of an investigation, an order of reparations and Appeals Judgement, and a decision for implementation of reparations. The presented information is drawn from different online news platforms and ICC documents.
ICC
Draft Policy on Cultural Heritage and Draft Policy on Situation Completion
The ICC’s Office of the Prosecutor (OTP) published a draft version of its Policy on Cultural Heritage and a draft version of its Policy on Situation Completion. The publications aim at receiving consultation and comments of States Parties to the Rome Statute, civil society, and the wider community of stakeholders. The adoption of both policies is in line with the Strategic Plan 2019-2021.
The Policy on Cultural Heritage attempts to enhance the protection of cultural heritage by, for instance, guiding the OTP in addressing these crimes within the Court’s legal framework and raising greater awareness with external partners. It also intends to close the impunity gap through, among others, positive complementarity with domestic jurisdictions. [March 23, 2021]
The Policy on Situation Completion, which is part of the trilogy of procedural policy papers, addresses the life cycle of the OTP’s operations in a situation, as is the scope of the OTP’s work in the Investigation Phase, and the Situation Strategy. [March 25, 2021]
New ICC Presidency for 2021-2024
The ICC judges elected a new President of the Court: Judge Piotr Hofmański. The Presidency is highly influential, as it provides strategic leadership to the ICC as a whole. Judges Luz del Carmen Ibáñez Carranza and Antoine Kesia-Mbe Mindua will serve as First Vice-President and Second Vice-President, respectively. This was the first electoral process to be regulated by the latest Guidelines of 2021. [March 11, 2021]
The new Presidency announced the assignment of judges to the three judicial divisions. It also recomposed several chambers (where it deemed necessary), dissolved some, and assigned the current situations and cases to the remaining chambers. Further, it resolved that, currently, several cases would not require assignment to a trial chamber. [March 16, 2021]
Six Newly Elected ICC Judges Sworn in
On March 10, the ICC held a swearing-in ceremony for the six newly elected ICC judges: Ms. Joanna Korner (United Kingdom), Mr. Gocha Lordkipanidze (Georgia), Ms. María del Socorro Flores Liera (Mexico), Mr. Sergio Gerardo Ugalde Godinez (Costa Rica), Ms. Miatta Maria Samba (Sierra Leone), and Ms. Althea Violet Alexis-Windsor (Trinidad and Tobago). They were elected during the 19th session of the Assembly of States Parties to the Rome Statute, in December 2020. [March 10, 2021]
ICC Launches Case Law Database
The ICC launched a Case Law Database. The database provides access to the Court’s jurisprudence on, inter alia, core international crimes and international criminal procedures, the rights of the accused, and victims’ rights. Currently, the database is only available in English, but a French-language version is in development. [March 9, 2021]
International Women’s Day: ICC Appoints Focal Point for Gender Equality
On International Women’s Day (March 8), the ICC announced the appointment of a Focal Point for Gender Equality at the Court. The Focal Point will assist the ICC leadership in their efforts to strengthen gender-related policies and address women’s employment issues across the ICC through monitoring, advocating, individual counseling, and other strategies. [March 8, 2021]
ASIA
Situation in Palestine | Statement of ICC Prosecutor, Fatou Bensouda, Respecting an Investigation of the Situation in Palestine
ICC Prosecutor Fatou Bensouda confirmed in a statement the opening of an official investigation on the Situation in Palestine. The investigation will cover alleged crimes within the Court’s jurisdiction committed since June 13, 2014 (referenced date in the Referral of the situation). [March 3, 2021]
AFRICA
Democratic Republic of Congo | Ntaganda: Appeals Judgement
On March 30, the Appeals Chamber delivered its ruling confirming the Trial judgment. The Chamber rejected the challenges made by the Prosecutor and Mr. Ntaganda against the verdict, and Mr. Ntaganda’s appeal against the sentence. Through this decision, Mr. Ntaganda’s conviction for war crimes and crimes against humanity, as well as his sentence of 30 years imprisonment, is final. [March 30, 2021]
Democratic Republic of Congo | Ntaganda: Order on Reparations
Trial Chamber VI delivered an Order on Reparations for the victims in the case of The Prosecutor v. Bosco Ntaganda. Recalling the large scope of the case and the potentially large number of eligible victims, the Chamber set the total amount of reparations at 30 million USD, which is the highest awarded amount yet. The TFV committed to ensuring that the victims receive the awarded reparations. [March 8, 2021]
Democratic Republic of Congo | Lubanga: Implementation of Collective Reparations
Trial Chamber II issued a publicly redacted version of its decision in The Prosecutor v. Thomas Lubanga Dyilo (December 14, 2020), which approved the implementation of collective service-based reparations. The reparations would thus benefit former child soldiers and their families and would aim for reintegration into society through the provision of a range of support services (e.g. medical treatment, psychological rehabilitation, and socio-economic support). [March 4, 2021]