The international NGO Human Rights Watch has released a report addressing the progress made by the International Criminal Court (ICC) since it began operations in 2003. The lengthy report, entitled “Courting History − The Landmark International Criminal Court’s First Years”, says that the ICC has contributed considerably to ending the impunity of those bearing the greatest responsibilities for horrific crimes. The report also makes several recommendations for improvement in bringing to justice the perpetrators of the gravest crimes – war crimes, crimes against humanity, and genocide.

ICC improvements

The report includes a list of recommendations to improve the efficiency of the Court in the fulfilment of its mandate and to make its work more relevant to the communities affected by crimes within its jurisdiction. The NGO in particular points out three key recommendations: to further the Office of the Prosecutor’s (OTP) ability to conduct its investigation in order to built a case; to develop a more robust and efficient outreach programme to increase the impact of ICC’s work on local communities; and to reinforce its presence in the field, especially through more efficient external offices and strategies to involve members of the affected communities.

The report acknowledges the financial constraints placed on the Court and urges States parties to provide an adequate budget, especially by providing the necessary additional resources. Human Rights Watch still emphasises that it is the Court’s responsibility to make efficient use of these funds.

Critical moment for the ICC

The document clearly supports the efforts of the ICC, a few days before the tenth anniversary of the Rome Statute and five years after its entrance into force, at a moment when the Court faces growing difficulties. After five years of work, only four indictees are currently in custody. The Court recently suffered a significant setback when, on 13 June, Trial Chamber I put a stay on proceedings in the case against former Congolese warlord Thomas Lubanga. The judges subsequently ordered that the accused be released, stating that a fair trial would be ‘impossible’ due to the Prosecution’s non-disclosure of exculpatory material to the Defence.

Earlier this year, the situation in Uganda highlighted the possible contradiction between a peace process and the work of the ICC, with some rebel leaders requiring their cases be terminated before the signing of any peace agreement.

Critics are also emerging in relation to prosecutor’s strategy for selecting cases, especially in Democratic Republic of Congo, or the absence of an efficient outreach strategy.

The report, which was conducted after investigations both inside the ICC and on the ground, concludes that despite its shortcomings, the Court has made strong progress in its first years. It urges the ICC to continue to apply lessons from past experience to improve the fairness and effectiveness of the Court and to make its work relevant to affected communities.

Twelve ‘unsealed’ warrants

The ICC Prosecutor has thus far opened investigations into four situations: in the Democratic Republic of Congo, northern Uganda, the Darfur region of Sudan, and the Central African Republic.

Twelve warrants of arrest have been publicly issued by the ICC and four of those accused are currently in the custody of the ICC in The Hague.

Human Rights Watch
Read the report (various documents available)

 Read the RNW article:  “Courting history”: Human Rights Watch Report on the ICC