COALITION FOR THE INTERNATIONAL CRIMINAL COURT

ICC was not only a sign of support for the U.S.; most Arab states found Article 27, which removes head of state immunity, as incom-patible with their own con-stitutions, basic laws or concepts of government. In Egypt’s constitution, for example, the head of state is accountable to parliament in proceedings similar to those of impeachment in the U.S., while the Constitution of Morocco places the King in a position of absolute immu-nity. Jordan’s monarch basi-cally waived that immunity. Because of the cultural ob-sequiousness that almost everybody in Arab govern-ments has for the head of state, it was unlikely that anyone in any country was going to confront the head of state with a request for an immunity waiver, or with the suggestion that legisla-

To date, only 3 of the 22 members of the League of Arab States have joined the International Criminal Court (ICC)—Jordan, Dji-bouti and the Comoros Islands. Jordan played a leadership role in the lead up to the adoption of the Rome Statute in 1998, a role it has since continued. Egypt is the only other Arab state that has ever come close to playing such a role, all the way up to the statute’s adoption.

After the indictment of Sudanese President Omar Al-Bashir, many of these states have asserted that the ICC is biased against developing nations, particu-larly in Africa, and is apply-ing a double standard com-pared to its treatment of western powers such as the United States (U.S.). Yet this does not touch upon the realities of why most Arab states have not moved forward in support-ing the ICC.

I joined the Egyptian dele-gation in 1994 and served as Vice-Chair of the Ad Hoc Committee, then Vice-Chair of the Preparatory Committee and Chair of the Drafting Committee at the United Nations Diplo-matic Conference of Pleni-potentiaries on the Estab-lishment of an ICC. Egypt, which voted in support of the ICC at the end of the conference and is one of

the 139 signatories of the statute, has yet to ratify.

Egypt’s story is not too different from many other Arab states. In 1999, the U.S. started campaigning very strongly in these countries to sign “Bilateral I m m u n i t y A g r e e -ments” (BIAs). The BIAs that the U.S. secured with more than 100 states, in-cluding some states parties, require the states in ques-tion not to surrender U.S. nationals to the ICC, but instead to U.S. authorities. Egypt and other Arab states understood this and other public positions taken by the Bush Admini-stration as an indication of strong U.S. opposition to the ICC.

For many senior govern-ment officials in the region, refraining from joining the

Arab States and the ICC: Twelve Years Since Rome

JULY 2010 ISSUE 3

Al-Mahkamah Middle East and North Africa (MENA) Update

Inside:

Morocco Universal

Ratification Campaign 2

OTP Releases Summary on

Palestine Declaration 12(3) 2

Jordanian Coalition/Arab

League/Lebanon Workshop 4

Report on Review Confer-

ence of the Rome Statute 5

Regional Coordinator’s

Letter/NGOs meet in Irbil 6

2010 Schedule/ACIJLP Work-

shop on Review Conference 7

Member activities at the Re-

view Conference 8

Cherif Bassiouni (second from left) applauds during

the ceremony for the Opening of Signature of the

Treaty on the Establishment of an ICC in Rome, Italy

in 1998. Credit: CICC.

TOGETHER FOR JUSTICE

In Situ is the blog of the Coalition for the ICC. It facilitates a direct dialogue be-tween our members on the ground, ICC experts and supporters of justice around the world. Join the discussion online at www.coalitionfortheicc.org/blog.

Please join the MENA Listerv at icc-mideast-subscribe@yahoogroups.com and visit our website in Arabic www.coalitionfortheicc.org/ar.

CHERIF BASSIOUNI, PROFESSOR OF LAW, DEPAUL UNIVERSITY

CONTINUED ON PAGE 3

Page 2 Al-Mahkamah

On 19 February 2010, the Moroccan Coalition for the ICC organized a

press conference, which was attended by journalists and members of

civil society, within the framework of the CICC’s Universal Ratifica-

tion Campaign. Credit: Moroccan Coalition for the ICC.

Coalition for the ICC

CICC and Moroccan Civil

Society Launch Ratification

Campaign

In March 2010, the Office of the Prosecutor of the ICC issued a summary of submissions, titled the “Situation in Palestine,” on whether the declaration lodged by the Palestinian National Authority (PNA) meets statutory requirements. On 21 January 2009, the Minister of Justice of the PNA lodged with the Court a declaration pursuant to Article 12(3) of the Statute, which enables a state not party to the Rome Statute to accept the exercise of jurisdiction by the Court, “for the purpose of identifying, prosecuting and judging the authors and accomplices of acts committed on the territory of Palestine since 1 July 2002.”

The first step in the determination of jurisdiction is to ascertain whether the declaration lodged by the PNA meets statutory require-ments. The summary states that the Office of the Prosecutor is conducting a preliminary examination in order to determine whether there is reasonable basis to proceed with an investigation into the situation in Palestine, taking into consideration the jurisdiction of the Court, admissibility, and the interests of justice. In particular as part of its assessment of jurisdiction, the Office’s preliminary examina-tion is reviewing information collected from open sources as well as information received from States, international organizations, NGOs and other reliable sources.

Interpretations of Article 12(3) vary with regard to what constitutes a ‘state.’ The document outlines teleological arguments which sug-gest that Article 12(3)’s use of the term ‘State’ should be examined in the context of the Statute and its object and purpose.

An assessment must also be made determining whether the entity in question exercises sovereign criminal jurisdiction, such that this jurisdiction can be delegated or transferred to the Court.

Another principal topic of contention is the issue of recognition of statehood. A final set of issues examined in the various submissions relates to the situation before 1948, during the Ottoman era and the later League of Nations Mandate period, in order to determine whether Palestinian claims to sovereignty are a continuation of a pre-existing title.

Arguments were presented by the League of Arab States, Al-Haq, and a number of other international law experts and NGOs.

For the full summary, please visit: http://www.icc-cpi.int/menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/comm%20and%20ref/palestine/summary%20of%20submissions%20on%20whether%20the%20declaration%20lodged%20by%20the%20palestinian%20national%20authority%20meets.

ICC Releases Summary of Arguments Regarding Declaration 12(3) by the

Palestinian National Authority

In February 2010, Morocco was the target of the CICC’s Universal Ratifica-tion Campaign (URC), which calls upon a different coun-try each month to join the ICC. Numerous actions were taken to urge Mo-rocco to demonstrate its commitment to international justice and the rule of law by ratifying the Rome Statute, which Morocco signed on 8 September 2000.

In a letter sent to King Mo-hamed VI of Morocco on 3 February 2010, the CICC urged Morocco to prioritize its ratification of the statute. “Morocco’s ratification would significantly strengthen the Arab voice at the ICC and furthermore encourage your

neighbors in the region to join the Court,” stated CICC Convenor William R. Pace in the letter. On 26 January 2010, an event on the ICC and the fight against impunity was held in Casablanca, attended by over 50 participants.

On 9 February 2010, the Moroccan Coalition for the ICC held a press conference with the media and civil society and reiterated its call for Morocco to join the ICC.

On 19 February 2010, the Lawyers Union of Rabat and the Moroccan Coalition organized a seminar in Rabat titled “Morocco and the ICC: Realities and Pros-pects,” which was attended

by more than 100 participants. As part of the campaign, CICC MENA Co-ordinator Abeer Al-Khraisha and members of the Moroccan Coalition also met with a number of key stakeholders, including President of the Advi-sory Council on Human Rights Ahmed Herzenni, members of the Moroc-can Parliament, members of the Moroccan National Commission for the Implementation of International Humanitarian Law and several journalists.

To date, only 3 of

the 22 members of

the League of

Arab States have

joined the ICC—

Jordan, Djibouti

and the Comoros

Islands.

Page 3 Issue 3 Together for justice

tion be passed to permit ICC accession.

But that is not the entire story. Questions about Ar-ticle 7 of the statute (crimes against humanity) were raised by many in Arab mili-taries. Article 7 was inter-preted by many interior ministry officials to mean that they could be exposed to criminal responsibility for crimes against humanity in cases where the conduct is directed against “civilian populations” and is carried out on a “widespread or systematic” basis. Repres-sion of political opposition in the Arab world has often involved widespread and systematic abuses against civilians who are active in anti-government political action. Those who engage in such repressive conduct are quick to point out that they are acting to oppose terror-ists and those who are a threat to national security. They also point out that their actions are limited, and so they should not be included in the same cate-gory as those engaging in other types of “widespread and systematic” acts consti-tuting crimes against human-ity. It is probably this, more than anything else that has caused Arab states not to join the ICC.

The Al-Bashir indictment was a catalyst for Arab and African states to rally against the ICC. Their argu-ment was that the ICC prosecutor is motivated by political considerations in selecting situations in Africa, while ignoring the rest of the world. The events in Gaza between December 2008 and January 2009 and

the subsequent failure of the prosecutor to address Palestine’s request under Article 12(3) only added more fuel to the fire. Some argue that Arab and African governments have a valid point with regard to the prosecutor’s sole focus on Africa and the fact that his other investigations—such as in Colombia—could be seen as windowdressing. Irrespective of the merits of these arguments, these sen-timents are quite prevalent in the Arab world.

Nevertheless, both the Al-Bashir indictment and the Gaza situation were bless-ings in disguise for the ICC, leading to extensive Arab media coverage of the ICC and raising public awareness on the Court higher than ever before. In response to the indictment, the Suda-nese Parliament adopted national legislation criminal-izing genocide, crimes against humanity and war crimes, on the basis of the Rome Statute’s definitions. Several Arab states have also considered passing similar legislation. The Arab world and Africa may be encouraged by the more positive attitude of the Obama administration to-wards the ICC and, com-forted by the fact that the United Nations Security Council (UNSC) took no measures to support the execution of the extradition request of Al-Bashir and other suspects. While the change by the U.S. is posi-tive, the fact that the UNSC did not act to enforce the prosecutor’s actions is not.

Because of these develop-ments, efforts in the Arab

world should be focused on national implementing legisla-tion that embodies the three crimes as defined in the stat-ute and on legislation con-cerning international coopera-tion in criminal matters. Whatever negative political considerations exist today among Arab and African gov-ernments, if the states in question have adopted na-tional legislation, the day will come that it is likely to be-come enforced and that will be progress.

Prof. Cherif Bassiouni is Distin-guished Research Professor of Law at DePaul University, Presi-dent of the International Human Rights Law Institute as well as President of the International Institute of Higher Studies in Criminal Sciences.

CONTINUED FROM PAGE 1

Arab States and the ICC: Twelve

Years Since Rome

UN Secretary General Ban Ki Moon addresses participants at the open-

ing of the ICC Review Conference in Kampala, Uganda Credit: CICC.

MEMBER HIGHLIGHT:

Amman, Jordan –                                                                                                  Arab Bridge Center Discusses ICC’s Role in the Region

On 28 January 2010, Amjad Shammout, President of the Arab Bridge Cen-ter for Development and Human Rights and Abeer Al-Khraisha, CICC MENA Regional Coordinator, addressed journalists in Amman, Jordan to discuss the ICC’s role in the region. The conference was aimed at raising awareness about Jordan’s commitment to national and international hu-man rights, and using this awareness to encourage other states in the MENA region to ratify the Rome Statute.

Page 4 Al-Mahkamah Coalition for the ICC

meeting with a general brief-ing on the ICC and the rela-tionship between the CICC and the ICC. General Coor-dinator of SIGI-J, Asma Khader, emphasized the importance of reactivating the Jordanian Coalition through the participation of its members in addition to opening the door for other organizations to join. Mem-bers also agreed to hold more events pertaining to the ICC, including local and international conferences, and workshops on the laws

On 23 February, members of the Jordanian Coalition for the ICC gathered at the Sisterhood is Global Insti-tute-Jordan (SIGI-J) prem-ises upon an invitation from SIGI-J and the CICC. The discussion meeting aimed to set a defined organizational structure for the Jordanian Coalition and to foster an agreement on the main features of the coalition’s strategic plan for 2010-2012. Abeer Al Khraisha, CICC MENA Regional Co-ordinator, initiated the

of the ICC, with a view to mobilize support for the ICC from indi-viduals and o r g a n i z a -tions alike.

The meeting was well attended by lawyers, judges, representatives of NGOs, and was covered by various press outlets including Assabeel, Al-Ghad, and Al-Arabiya Al-Youm.

Beirut, Lebanon—Workshop on the ICC and Gender Crimes

Amman, Jordan – Jordanian Coalition Meeting

Algeria, Saudi Arabia, Sudan, Syria, Iraq, Palestine, Qatar, Libya, Egypt, Morocco, and Yemen; as well as represen-tatives from the Arab League Council of Ministries of Justice and Council of Ministries of the Interior.

Dr. Marouk Nacereddine from the Algerian Ministry of Justice was chosen as president of the meeting. The agenda of the meeting included discussions on:

the crime of aggression: definition, conditions for the exercise of jurisdic-

Jordanian Coalition members discuss the ICC in Jor-

dan and the region. Credit: SIGI-Jordan.

Arab states have

shown insufficient

political will to

join the ICC and

that gives

perpetrators an

additional motive

to repeat their

crimes.

On 19-20 March, Justice Without Frontiers (JWF), in cooperation with the CICC, CICC Steering Committee member No Peace Without Justice (NPWJ) and the European Union, held a regional training workshop for women’s organizations on the “ICC and Gender Crimes” in Beirut. The event was held to celebrate International Women’s Day on 8 March and Mother’s Day on 21 March in the

Arab World in the frame-work of JWF’s “End Impu-nity Now” campaign.

Ghassan Mukhaiber, Parlia-ment Member of the Change and Reform Bloc and Rapporteur of the Par-liamentary Human Rights Committee stressed “the need to work in order to push Lebanon to join the Court, building bridges of protection from not only weapons, but for the law and judicial institutions.”

J W F D i r e c t o r Brigitte Chelebian noted that Arab states have shown insufficient political will to join the ICC and that “gives per-petrators an addi-tional motive to repeat their crimes.”

NGOs and individuals called on Lebanese President Michel Sleiman and the government of Lebanon to immediately join the ICC. Attendees included the CICC MENA Regional Coordinator, Lebanese and Arab NGOs, civil society and women’s rights organizations, government officials, military officials, and representatives from the ICC.

Cairo, Egypt—Arab States Discuss Review Conference

tion, and elements; evaluating the perform-

ance of the Court since its establishment by focusing on: the principle of com-plementarity, cooperation with the Court, and the impact on victims and affected communities;

support for the Belgian Proposal to amend Article 8(2) of the Rome Statute;

consideration on the dele-tion of Article 124; and

the most important ele-ments of a statement from the Arab Group at the Review Conference.

On 7-8 April, the 27th Meet-ing of the “Committee of Experts and Representatives of Arab Countries for the Coordination of Arab Posi-tions on International Con-ferences and Agreements” was held at the Secretariat of the League of the Arab States to study the various proposals before the Review Conference of the Rome Statute of the ICC.

The meeting was attended by representatives from Jordan, the United Arab Emirates, Bahrain, Tunisia,

Brigitte Chelebian, Executive Director of JWF

delivers her presentation. Credit: CICC.

The ICC Review Conference was held from 31 May to 11 June 2010. ICC states parties, observer states, international organizations, NGOs, and other participants discussed proposed amendments to the Rome Statute and took stock of its impact to date, making the Conference a critical mile-stone in the evolution of the Rome system.

More than 600 Coalition NGO members played an active role in enhancing the dialogue on the Rome system and ensured that the voices of civil society were truly heard through a number of debates, roundtables, moot courts, and press conferences. NGO statements were given on behalf of the CICC, as well as by members of the CICC Steering Committee.

NGOs in attendance from the MENA region included the Palestinian Center for Human Rights, Justice Without Fron-tiers (Lebanon), the Moroccan Coalition for the ICC, Public Committee Against Torture in Israel, the Cairo Institute for Human Rights Studies, the Iranian Islamic Human Rights Commission, and the Al Ka-wakibi Democracy Transition Center.

The Conference opened with a two-day general debate dur-ing which states parties, ob-server states, international organizations, and NGOs de-livered statements. State-ments were presented by Jordan, Kuwait, Egypt (on be-half of the Non-Aligned Move-ment), Iran, Palestine, the Asian-African Legal Consulta-tive Organization, and the League of Arab States. Kuwaiti Undersecretary of the Ministry of Justice Mr. Muhammad Ab-dullah Alansari stated that Kuwait is seriously considering acceding to the Rome Statute.

112 pledges were made by 37

states and by the European Union including commitments on the ratification of the Agreement on Privileges and Immunities (APIC), implemen-tation legislation, cooperation with the ICC, contributions to the Trust Fund for Victims, capacity building on national investigations and prosecu-tions among other important issues. No pledges were made from the MENA region.

In addition, the Conference adopted the Kampala Decla-ration, reaffirming states’ commitment to the Rome Statute and its full implemen-tation, as well as its universal-ity and integrity.

The Review Conference fur-ther adopted a resolution on strengthening the enforce-ment of sentences. The ICC signed three agreements, with Belgium, Denmark, and Finland, on the enforcement of sentences.

The first week of the Confer-ence was dedicated to high-level discussions on the im-pact of the Rome Statute, which helped identify areas in which the Court’s positive impact can be further strengthened. Debates fo-cused on issues truly central to the system’s functioning, namely: the impact of the Rome Statute on victims and affected communities; com-plementarity; cooperation; and peace and justice. At the centre of the stocktaking discussions were four high-level panels in the plenary of the conference. The formal panels were complemented and enriched by numerous side events organized by civil society and states. As a re-sult, states adopted resolu-tions on victims and comple-mentarity as well as a declara-tion on cooperation. Looking ahead, the Coalition is com-mitted to work with states, the United Nations, other

regional bodies, and the ICC to ensure commitments made in Kampala result in concrete actions.

The Review Conference adopted by consensus a set of amendments to the Rome Statute pertaining to the crime of aggression. States parties adopted a definition which criminalizes the use of armed force by one state against an-other carried out in contravention to the UN Charter. On this basis, individu-als in a leadership position responsible for acts of aggression may be prose-cuted before the ICC. The amendments also set out a unique jurisdictional regime outlining when the ICC prosecutor can initiate an investigation into a crime of aggression. Where a situation is referred by the UN Security Council (UNSC), the Court’s jurisdiction is triggered in the same manner as other ICC crimes. However, the prosecutor may only proceed with an investigation on his own initiative or upon a referral by a state after first ascertaining whether the UNSC has made a determination of the existence of an act of aggression. If not, the prosecutor should seek the authorization of the ICC pre-trial division to open an investigation after a period of 6 months.

It was also decided that states parties may opt out of the Court’s jurisdiction over aggression by lodging a declaration with the ICC registrar. In addition, the activation of jurisdiction is still subject to a positive decision by the ASP which cannot be taken before 1 January 2017 and one year after the ratification or acceptance of the amendments by 30 states parties, whichever is later.

Two important decisions were made on other proposed amendments. First, states amended Article 8 of the Statute by criminalizing the use of poison, poi-soned weapons, asphyxiating, poisonous or other gases and all analogous liq-uids, materials or devices and the use of bullets that expand or flatten in the body as war crimes in non-international conflicts. Second, states agreed not to delete Article 124 of the treaty but to review it in five years. Article 124 allows states parties to not accept the jurisdiction of the Court for war crimes alleg-edly committed by their nationals or on their territory for a seven-year period.

Other proposals which did not gather sufficient support for consideration at the Review Conference will be discussed in an ASP Working Group on Amendments starting at the next ASP in December 2010.

For all documentation relating to the Review Conference, please see: http://www.icc-cpi.int/Menus/ASP/ReviewConference/ and http://iccnow.org/?mod=review.

Report on the Review Conference

Page 5 Issue 3

CICC Convenor William Pace (center) addresses participants during a

meeting at the Review Conference in Kampala, Uganda. Credit: CICC.

TOGETHER FOR JUSTICE

On 23 May 2010, a conference was held in Irbil, the capital of the Kurdistan Regional Government of Iraq, titled “We are also a Part of International Justice,” under the auspices of Kurdocide Watch (CHAK) and in coordina-tion with the Ministry of Martyrs and Anfal Affairs of the Kurdistan Regional Government of Iraq. The event was attended by civil society organizations, lawyers, parliamentarians, experts and human rights activists with the goal of discussing and exchanging views on the ICC and Iraq. The event concluded with participants agreeing to engage in the following:

urging the Iraqi government to accede to the Rome Statute; issuing appropriate legislation to compensate victims of international

crimes and human rights violations; implementing legislation on the international crimes contained in the Rome

Statute into the Iraqi Penal Code; inviting the Iraqi Government to preserve evidence, documents, and infor-

mation relating to international crimes; inviting media and participants to provide information on the role of the ICC and nature of its work to inform citizens and public

opinion in exercising their rights; coordination, cooperation and communication between civil society and human rights organizations inside and outside Iraq to achieve

the goals of the conference; forming a committee to pursue the implementation of the decisions of the conference in coordination with the Ministry of Martyrs

and Anfal Affairs in the Kurdistan Regional Government.

Letter from the Regional Coordinator

Irbil, Iraq—NGOs in Iraq Call for Iraq’s Ratification of the Rome Statute

Page 6 Al-Mahkamah

NGOs in Irbil observe a moment of silence for vic-

tims during a meeting on the ICC. Credit: CHAK.

Coalition for the ICC

ABEER AL-KHRAISHA, MENA REGIONAL COORDINATOR, CICC

Between 31 May and 11 June 2010, the ICC held its first Review Conference in Kam-pala, Uganda. ICC States Parties adopted resolutions amending Article 8 of the Rome Statute as well as Article 124. Furthermore, the conference concluded its stocktaking exercises on international criminal justice by adopting resolutions or declarations on the impact of the Rome Statute system on victims and affected com-munities, complementarity, and cooperation, as well as by releasing the moderator’s summary of the panel discus-sion on the issue of “peace and justice.”

However, a major part of the conference was devoted to the discussion of the crime of aggression, result-ing in the adoption of its definition, based on the definition in UN General Assembly Resolution 3314 of 1974. The conference

remains the most under-represented region in the world. How-ever, there was good representation from delegates and govern-ments in the region, indicat-ing, we hope, the growing importance of the ICC to countries in the region. The CICC hopes to carry out a study to assess the impact of the definition of the crime of aggression on the policy of MENA governments toward the ICC and on their decision to ratify the Rome Statute. We will call on our members and government contacts to provide input into this study.

During the past six months, the CICC has welcomed a number of new mem-bers from the MENA region. Some national coalitions, such as the Jordanian Coalition for the ICC, are reactivating themselves and are working on the adoption of their plan of action for the coming 2-3 years. These developments demonstrate that interest in the ICC is increasing; the CICC hopes that this interest will result in greater commitment to international justice and the ICC by our members and governments alike.

further adopted the mechanism for the Court to exercise its jurisdiction over this crime. For several years, many govern-ments in the MENA region have underlined the absence of a definition on aggression as a reason why Arab governments have not yet joined the Court. Now, however, the definition of aggression has been agreed upon. While we acknowledge that states will need some time to formulate their positions on the amendment, we encourage them to do so before the De-cember Assembly of States Parties and look forward to seeing progress in their ratifica-tion processes soon. The CICC also encourages its members in the region to meet with their governments to learn more about their positions on aggres-sion and how best to achieve progress toward ratification.

In March 2010, Bangladesh ratified the Rome Statute be-coming the 111th state party to the ICC. The MENA region

CICC Secretariat staff with Former UN Secretary Gen-

eral and Chair of the CICC Advisory Board Kofi An-

nan during the Review Conference in Kampala,

Uganda. Credit: CICC.

Page 7 Issue 3 Together for justice

2010 Schedule of Events—July-December

1 July– Amman, Jordan – Am-nesty International Seminar on the ICC at Jordan University

10-11 July – Rabat, Morocco – ICTJ, Moroccan Organization for Human Rights and Friedrich Ebert Stiftung 2-day training on the ICC

17 July – International Justice Day commemorating the 12th Anniversary of the Rome Statute

JULY/AUGUST

23-25 & 27-30 Sep – New York, USA – General Debate of the 65th Session of the General Assembly

27-29 Sep– Amman, Jordan – CICC MENA Regional Strategy Meeting

18-20 Oct —The Hague, The Netherlands – Biannual ICC-NGO Meetings

SEPTEMBER/OCTOBER

6-10 Dec– New York, USA – 9th Assembly of States Parties to take place in the United Na-tions Headquarters

NOVEMBER/DECEMBER

On 17 May 2010, the Arab Center for Independence of the Judiciary and Legal Profession (ACIJLP) and the Egyptian Coalition for the International Criminal Court (ECICC) organized a workshop on the Review Conference of the Rome Statute. The workshop was attended by experts from the field of international law and international criminal law, as well as Egyptian NGOs, political actors, and the media.

The participants at the workshop proposed a num-ber of recommendations to the members of the international community in preparation for the Review Conference of the Rome Statute, held from 31 May to 11 June 2010 in Kampala, Uganda. The proposals included a call for Arab states to ratify and accede to the Statute and a call specifi-cally for the Arab Group participating in the Re-view Conference to coordinate efforts in order to support the role of the ICC.

The workshop participants also called on partici-pants at the Review Conference to amend the text of Article 124 of the Rome Statute, which allows a new state party to exclude themselves from Court’s jurisdiction for war crimes allegedly com-mitted by its nationals or on its territory for a pe-riod of seven years.

The workshop participants also included recommendations to limit the role given to the UN Security Council under the Rome Statute to postpone an investigation or trial, and to assign this role to the Court itself or the UN General Assembly. They also encouraged all states to sign and ratify the Agreement on the Privileges and Immunities of the Court (APIC), and to include the criteria of fair trials set forth in the Rome Statute in their national legislations.

Additionally, participants called for the Review Conference to discuss ways to facilitate international cooperation surrounding issues related to the arrests of the accused, provisional release, and for States to conclude supplementary agreements relating to the defense of the accused. Participants also urged States during the General Debate to promote the importance of the role of the ICC as a fair and impartial institution that respects the rights of victims and accused persons.

Cairo, Egypt—ACIJLP Holds Workshop on the Review Conference

Nasser Amin, Executive Director of the ACIJLP, addresses participants dur-

ing a workshop on the Review Conference in Cairo, Egypt. Credit: ACIJLP.

The Coalition for the International Criminal Court includes 2,500 organizations around the world working in partnership to strengthen international cooperation with the ICC; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide.

Coalition for the International

Criminal Court

www.coalitionfortheicc.org

Together for Justice

Together for Justice: Civil society in 150 countries advocating for a fair,

effective and independent ICC.

INTERNATIONAL SECRETARIAT CONTACT INFORMATION New York Office

Brigitte Suhr, Director of Regional Programs: suhr@coalitionfortheicc.org

Ata Hindi, Outreach Liaison for Middle East, North Africa and Europe:

hindi@coalitionfortheicc.org

Oriane Maillet, Head of Communications: rodriquez@coalitionfortheicc.org

Peony Trinh, Design Manager: trinh@coalitionfortheicc.org

Amman Office

Abeer Al-Khraisha, Regional Coordinator for Middle East and North Africa: alkhrai-sha@coalitionfortheicc.org

Amal Nassar, Technical Support Assistant, nassar@coalitionfortheicc.org

On 6 June 2010, CICC members Al-Haq, the Public Committee Against Torture in Israel (PCATI), and the Palestinian Center for Human Rights (PCHR) released a joint statement calling on states “to uphold victims’ rights and seek accountability for international crimes” on the historic occa-sion of the first Review Conference. The organizations stated that for Palestine, “the Prosecutor should submit the request to open an investigation to the Pre-Trial Chamber as soon as possible.” In a separate statement, PCHR stressed that “the ongoing situation in the occupied Palestinian terri-tory (oPt) demands that crimes committed there be brought before the Court. The international community’s continued granting of impunity to Israel denies victims’ rights, undermines international justice, and is in conflict with the object and purpose of the ICC.” During the Review Confer-ence, on 4 June, PCHR, in cooperation with Fédération internationale des droits de l'homme (FIDH), organized a side-event entitled ‘Is There a Court for Gaza?’ which featured a roundtable discussion addressing the current situation in the oPt, and the Palestinian Authority’s declaration accepting the jurisdiction of the ICC in accordance with Article 12(3) of the Statute. The panel featured a number of international law experts and was attended by a number of States and NGO representatives.

For more information please visit: http://www.pchrgaza.org (links here and here).

The Coalition is deeply appreciative of the generous support provided by all of our many partners and donors from around the globe. Major funding is provided by the Euro-pean Union, the Ford Foundation, Humanity United, the John D. and Catherine T. MacArthur Foundation, the Open Society Institute, and the Sigrid Rausing Trust, as well as by the governments of Austria, Belgium, Denmark, Finland, Ireland, Liechtenstein, The Netherlands, Norway, Sweden, and Switzerland, and a number of individual donors. Such support is essential to the Coalition's effort to secure a future in which justice is accessible to all. If you would like more information about how you can join in this ef-fort, please visit our website at www.coalitionfortheicc.org or contact the Coalition’s Development office by phone at +1.646.465.8527 or via email at develop-ment@coalitionfortheicc.org.

The contents of this publication are the sole responsibility of the Coalition for the International Criminal Court and can in no way be taken to reflect the views of the Euro-pean Union, Irish Aid, or any other donor.

IHRC Issues Review Conference Recommendations

New York c/o WFM, 708 3rd Avenue, 24th Floor

New York, NY 10017 USA Tel: +1 212 687 2863 | Fax: +1 212 599 1332

Amman, Jordan c/o Arab Women’s Legal Network

P.O. Box 841 226 Amman 11181 Jordan Tel: +962 6 5921 723 | Fax: +962 6 5936 376

Email: mena@coalitionfortheicc.org Arabic Web: www.coalitionfortheicc.org/ar

Mehrdad Fellahi of IHRC-Iran meets

with the Iranian delegation during

the review conference. Credit: IHRC.

Page 8 Al-Mahkamah

Advocacy on Palestine at the Review Conference

The Iranian Islamic Human Rights Commission (IHRC) released a number of recommendations on the possible amendments to the Rome Statute during the Review Conference. The IHRC pro-posed: the deletion of Article 124; the deletion of Article 98(2); the inclusion of the Crime of Aggression based on the “second Option” indicating that the Prosecutor may proceed with an investigation in respect of a crime of aggression “provided that the Pre-Trial Chamber has author-ized the commencement of the investigation in respect of a crime of aggression in accordance with the procedure contained in article 15”; that on the Belgian Proposal to amend Article 8 of the Rome Statute regarding the criminalization of certain weapons as war crimes, to include all prohib-ited war methods in international conflicts be prohibited in non-international conflicts as well.