December 2021

Monthly News Updates: International Criminal Court – December 2021

By: Claire Kaula, Junior Research Associate, PILPG-NL

In December, the 20th Session of the Assembly of States Parties took place in The Hague and elected two new Deputy Prosecutors.  The ICC opened several public consultation opportunities, and support for the Trust Fund for Victims grew.

INTERNATIONAL CRIMINAL COURT

Office of the Prosecutor begins public consultations on policy initiative to advance accountability for gender prosecution under the Rome Statute

The Office of the Prosecutor is working on a new policy initiative focused on advancing accountability for the crime against humanity of persecution on the grounds of gender under the Rome Statute.  This initiative is building on the Policy Paper on Sexual and Gender-Based Crimes released in June 2014 by the Office of the Prosecutor.  Currently, the initiative is in its early stages of deciding the substance, nature, and scope of the policy.  Comments can be sent to OTP.Policies@icc-cpi.int until March 18, 2022 by midnight Central European Time. [December, 20, 2021]

20th Session of the Assembly of States Parties elects two new Deputy Prosecutors

The 20th Session of the Assembly of States Parties elected Nazhat Shameen Khan of Fiji and Mame Mandiaye Niang of Senegal as the new ICC Deputy Prosecutors.  They will commence their term after current Deputy Prosecutor James Kirkpatrick Stewart completes his term on March 8, 2022.  This is the first deputy prosecutor election to use a due diligence process when selecting candidates. [December 10, 2021]

ICC President shares statement for Human Rights Day 2021

For Human Rights Day 2021, ICC President Judge Piotr Hofmański shared his thoughts on the everlasting importance of human rights.  He expressed that “[t]here can be no justice without respect for human rights - and, conversely, justice is essential to the protection of human rights.”  He also emphasized the ICC’s role in securing accountability for human rights violations, and the need for states to cooperate with the ICC. [December 10, 2021]

ICC begins consultations on Draft Strategy on Gender Equality and Workplace Culture   

The ICC released the Zero Draft Strategy on Gender Equality and Workplace Culture in response to gender equality and workplace culture challenges at the ICC.  The ICC has started consulting on the zero draft to further develop the Court-wide strategy.  The zero draft was circulated internally at the ICC and is being shared externally to all other interested stakeholders.  Comments can be sent to ICC.GenderEqualityFP@icc-cpi.int until March 9, 2022. [December 9, 2021]

Mr. Yoshimitsu Yamauchi appointed as Special Advisor on Mutual Assistance 

ICC Prosecutor Karim A.A. Khan appointed Mr. Yoshimitsu Yamauchi as Special Advisor on Mutual Legal Assistance.  Mr. Yamauchi is a Public Prosecutor in Japan who oversees all districts’ staff prosecutors on cases regarding organized crime and international criminal cases.  Mr. Yamauchi’s appointment aligns with Prosecutor Khan’s past appointments, which include experts from different cultural and linguistic backgrounds to help strengthen the Court's ability to discharge its mandate. [December 8, 2021]

20th Session of the Assembly of States Parties held December 6 to December 11

The 20th Session of the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court was held in the Hague, The Netherlands between December 6 to December 11.  Meetings were held in-person and online due to COVID-19 restrictions.  PILPG closely followed the ASP and reported on the many side events held during the week.  All PILPG’s reports are available on the Lawyering Justice blog. [December 6-11, 2021]

ICC held first Asia-Pacific Regional Seminar of Judges on the Rome Statute and the International Criminal Court

The ICC and the Supreme Court of the Republic of Korea hosted its first Asia-Pacific Regional Seminar of Judges on the Rome Statute and the International Criminal Court.  The seminars included ICC judges as well as judicial officials from state parties and non-states parties to the Rome Statute.  The goal of the event was to increase cooperation, promote ratification of the Rome Statute, and increase dialogue among judges. [December 1, 2021]

AFRICA

Central African Republic | Pre-Trial Chamber II commits Mr. Said to trial

Pre-Trial Chamber II confirmed some charges against Mahamat Said Abdel Kani.  The Chamber confirmed the charges of Mr. Said being criminally responsible for crimes against humanity and war crimes between April 12, 2013 and August 30, 2013.  According to the Chamber, evidence shows that he was a Seleka coalition senior member.  However, the Chamber rejected the charges for crimes that occurred between mid-September 2013 and November 8, 2013.  For the charges confirmed, Mr. Said will face trial before an ICC Trial Chamber. [December 9, 2021]

EUROPE 

Germany | Germany contributes 110,000 euros to the Trust Fund for Victims

As a voluntary contribution for 2021, Germany pledged 110,000 euros to the Trust Fund for Victims.  The contribution is reserved specifically for the Trust Funds for Victims’ reparations mandate.  When making the pledge, Germany emphasized the importance of the work of the Trust Fund for Victims. [December 17, 2021]

Luxembourg | Luxembourg contributes 35,000 euros to the Trust Fund for Victims

In 2021, Luxembourg contributed 35,000 euros to the Trust Fund of Victims.  When making the contribution, Luxembourg emphasized the importance of victims receiving reparations in addition to having the right to an effective remedy.  Since 2005, Luxembourg regularly contributes to the Trust Fund for Victims. [December 17, 2021]

Iceland | Iceland makes its first contribution of 10,000 euros to the Trust Fund for Victims

In 2021, Iceland made its first voluntary contribution of 10,000 euros to the Trust Fund for Victims, and plans to continue contributing for the next three years.  The Director of the Trust Fund for Victims, Pieter de Baan, thanked Iceland and hopes this sends a message to other countries to make contributions. [December 13, 2021]