Monthly News Update: International Criminal Court – July 2021
By: Inne Flies, Junior Research Associate, PILPG-NL
This news update synthesizes information concerning the International Criminal Court (ICC). This month included, among others, the celebration of the Day of International Criminal Justice, two confirmation of charges rulings, and an Appeals Chamber decision on a possible re-characterization of alleged facts. The presented information is drawn from different online news platforms and ICC documents.
ICC
ICC hosts Third Asia-Pacific Forum of The Hague
The ICC hosted the Third Asia-Pacific Forum of The Hague, which brought together judges and staff from the Court, as well as around 200 students and young professionals from the Asia-Pacific region. The event aimed to facilitate a dialogue on the contribution of international justice for the Asia-Pacific region, as well as to encourage students and young professionals from the region to consider a career in the field of international justice. This Forum is part of a broader effort to enhance global understanding and support for the ICC and to promote cooperation at the regional level. [July 19, 2021]
Adoption of the Rome Statute 19 years ago
July 17, 2021, the Day of International Criminal Justice, marked the 19th anniversary of the Rome Statute of the International Criminal Court. States adopted the Rome Statute, which establishes the Court and the Trust Fund for Victims, on July 17, 1998. Various virtual events took place to mark the anniversary, and information campaigns continue online and via the ICC’s country offices. [July 17, 2021]
Voices of support for the ICC
On the Day of International Criminal Justice, various countries and institutions (such as Mexico, Canada, France, Belgium, European Union, and the United Nations Secretary-General) voiced their support for the ICC and its mission. [July 17, 2021]
ICC launches #MoreJustWorld digital campaign in lead up to Day of International Criminal Justice
The ICC launched a #MoreJustWorld digital campaign to mark the Day of International Criminal Justice. According to the ICC, the campaign aims to encourage people to reflect, act, learn, and connect for the cause of peace and justice. It includes, among others, campaign videos, quizzes, and human interest stories. [July 14, 2021]
ICC commits to adopt a strategy on gender equality and workplace culture at the Generation Equality Forum
During the Generation Equality Forum Summit (June 30 – July 2), the ICC joined the Generation Equality Forum, which is a global gathering for gender equality. The ICC made a concrete commitment to adopt, implement, and review its first Strategy on Gender Equality and Workplace Culture by 2025. As already enumerated earlier in its High-Level Statement on Gender Equality (April 2021), the ICC Principals are committed to achieving gender equality and safe and inclusive workplace culture and environment at the Court. Based on this Strategy, specific action plans will be further identified. This identification process will include consultations with internal and external stakeholders. [July 9, 2021]
AFRICA
Kenya | Gicheru case: ICC Pre-Trial Chamber confirms charges of offenses against the administration of justice and commits suspect to trial
ICC Pre-Trial Chamber A confirmed the charges brought against Paul Gicheru and committed him to trial. The judges found that there are substantial grounds to believe that Mr. Gicheru committed offenses against the administration of justice. These consist of corruptly influencing ICC Prosecution witnesses in Kenya between April 2013 and the closure of the Ruto and Sang case on September 10, 2015. It is alleged that the offenses were committed in furtherance of a common plan implemented by a group of persons, including Mr. Gicheru, to undermine the Prosecution’s case in the Ruto and Sang case. [July 15, 2021]
Sudan | Abd-Al-Rahman case: ICC Pre-Trial Chamber confirms the charges of war crimes and crimes against humanity and commits suspect to trial
ICC Pre-Trial Chamber II unanimously confirmed all charges brought by the Prosecutor against Ali Muhammad Ali Abd-Al-Rahman and committed him to trial. The judges found that there are substantial grounds to believe that Mr. Abd-Al-Rahman is responsible for 31 counts of war crimes and crimes against humanity allegedly committed between August 2003 and at least April 2004 in Darfur, Sudan. Mr. Abd-Al-Rahman is the alleged leader “Ali Kushayb” of the Janjaweed militia. [July 9, 2021]
Mali | Al Hassan: Appeals Chamber confirms the decision on possible re-characterization of alleged facts
The ICC Appeals Chamber unanimously confirmed Trial Chamber X’s “Decision on application for notice of possibility of variation of legal characterization pursuant to Regulation 55(2) of the Regulations of the Court” in the Al Hassan case. The decision rejected the possible re-characterization of acts of sexual violence as torture, cruel treatment, and other crimes, as well as the possible legal re-characterization of police reports allegedly drafted or signed by Mr. Al Hassan and relied upon by the Islamic Tribunal to pass sentences. The Chamber denied both grounds of appeal brought by the Defense. [July 1, 2021]
ASIA
Philippines Supreme Court rules ICC has jurisdiction
The Supreme Court of the Philippines’ ruled that the ICC can prosecute government actors for alleged crimes committed before the state withdrew from the ICC’s jurisdiction. This contradicts statements by President Rodrigo Duterte who asserts that the ICC does not have jurisdiction. Earlier, in June, then ICC Prosecutor Fatou Bensouda requested judicial authorization to proceed with an official investigation arguing that there is a reasonable basis to believe that the crime against humanity of murder had been committed between 1 July 2016 and 16 March 2019 in the context of the Government of Philippines ‘war on drugs’ campaign. [July 21, 2021]