From 5 to 12 December 2018, delegations from States Parties, observer States, international and regional organizations, and civil society gathered at the World Forum in The Hague, Netherlands, for the 17th Session of the Assembly of States Parties (ASP) of the International Criminal Court (ICC).
Members of PGA’s Board and Secretariat participated in the plenary discussions and side events (co-)organized by civil society at the margins of the session.
Focusing on the Asia-Pacific Region
On 6 December, PGA, the Netherlands, and the Republic of Korea co-hosted a side-event on the challenges and opportunities for the universality of the Rome Statute system in the Asia-Pacific region to a full-room of 70 participants. In effect, albeit concentrating approximately 60% of the world’s population, this area remains the most unrepresented one. Out of 123 States Parties to the Rome Statute, only 19 out of 55 Asia-Pacific countries are represented in this membership, while the Philippines is in the process of withdrawing from the Rome Statute.
The discussion was moderated by Ms. Barbara Lochbihler, MEP (Germany), PGA’s Board member and Convenor of PGA’s International Law and Human Rights Program. H.E. Mr. Paul Van den Ijssel, Permanent Representative of the Kingdom of the Netherlands to the OPCW and the ICC, who emphasized the intensified bilateral and multilateral efforts taken by the ICC with non-party States in the region and the importance of sturdy cooperation between the Court and civil society. H.E. Mr. Yun Young Lee, Ambassador of the Republic of Korea to the Netherlands, reflected on the need of bringing universality back to the political agenda of Asian-Pacific States.
“Ratification is an investment for peace and stable societies, a pledge made by a State to protect its people with the cooperation and assistance of the international community" H.E. Mr. O-Gon Kwon, President of the ASP of the ICC.
He continued:
“Ratification is also an expression of solidarity with all victims of crimes committed around the world. By joining the Rome Statute, States not only invest in the protection of its territory and its people, but also in the protection of future generations and in the creation of a more just world.”
According to Mr. Kwon, the international community is shifting its attitude towards international justice: from the Pinochet case to current times, prosecuting a Head of State for the alleged commission of international crimes is no longer seen as something novel but an accepted norm.
H.E. John Licht, Ambassador of Vanuatu to the European Union, gave an overview of the situation in the Pacific Islands countries that have not yet acceded to the Rome Statute, namely: Kiribati, Palau, Papua New Guinea, Federated States of Micronesia, Niue, Solomon Islands, Tonga, Tuvalu. After Vanuatu’s successful cooperation with PGA, Ambassador Licht expressed a firm belief that with the proper support and technical assistance, many Pacific Islands States could join the Rome Statute.
The Ambassador of the People’s Republic of Bangladesh to the Kingdom of the Netherlands, H.E. Sheikh Mohammed Belal, described the historical background surrounding the ratification of the Rome Statute by the State. “Bangladesh joined the Rome Statute in solidarity with victims and to ensure that other generations do not face the same atrocities”, avowed the Ambassador. The ratification has become even more pertinent in light of the current Rohingya crisis, and Bangladesh is further encouraging Myanmar to join, the Ambassador stressed.
Mr. Andrew Khoo, member of the Human Rights Committee of the Bar Council of Malaysia, argued that the process of ratification of the Rome Statute in the country has been delayed for reasons not directly connected to the international treaty per se, but to an inclination of the public opinion towards “nationalism” vs. “internationalism”. Ratifying the Rome Statute, he argued, might be considered a sign of “internationalism” and a threat to national sovereignty, especially regarding the position and status of sultans.
During the Q&A section, the audience inquired about the level of compliance of Sharia law with the process of ratification or accession to the Rome Statute. The Ambassador of Bangladesh contended that a priori, nothing in Islam runs contrary to the Rome Statute and nothing in the Rome Statute runs contrary to Islam. “The Rome Statute calls for the equality of law”, H.E. Belal posed, “Islam is not in the way”. Mr. Khoo admitted that the Malaysian Government seems to be afraid that witness protection programmes, for example, might affect Muslim family units. But he maintained that criminal law is domestic law, not Sharia law matter. Therefore, any matter related to the prosecution of individuals for the alleged commission of international crimes would be dealt with under national law and not Sharia law.
A call for a renewed commitment to the fight against impunity
Ms. Lochbihler also intervened during the General Debate with a powerful statement on behalf of PGA: it is time to overcome the external and internal challenges to the full universality and effectiveness of the Rome Statute system. To this end, States Parties need to commit themselves to cooperate with the Court and execute its decisions, as well as fully implement the Statute in their domestic legal frameworks. Additionally, the Court as a judicial and prosecutorial international organization needs to increase its productivity through the maximization of its human resources and through transparent and merit-based procedures of selection.
On the crime of aggression and the use of the veto at the UNSC
PGA’s Secretary-General, Dr. David Donat Cattin, shared his expertise in two particularly relevant discussions: the historic activation of the ICC’s jurisdiction over the crime of aggression, and the legal limits to the so-called “veto power” of the United Nations Security Council in the face of the commission of international crimes.
“In line with the European Parliament Resolution of 17 July 2014 authored by PGA Members and overwhelmingly adopted, the EU made a first public speech in support of the ICC jurisdiction on the crime of aggression at this 17th ASP in 2018. PGA welcomes this important step to honor the Nuremberg legacy and congratulates the Austrian Presidency of the EU”
“No one is above the law, not even the United Nations Security Council. The Council decisions or failures to take decisions cannot violate peremptory prohibitions under customary International Law, also known as jus cogens norms”
PGA, leading the promotion of the Rome Statute system
During the 17th ASP, members of States Parties’ delegations and ICC officials publicly emphasized the undeniable essential role PGA has played in the strengthening of the Rome Statute system. During the plenary discussions, the Uruguayan delegation remarked the commemorative event on the 20th Anniversary of the Rome Statute, co-organized by PGA and hosted in the Parliament of Uruguay on 6 September 2018.
In words of the Registrar of the ICC, Mr. Peter Lewis, in the path to universality, “PGA and the CICC are hugely influential […], even more important now than 18 years ago”. PGA, the parliamentary network working on international justice, will continue to support and promote the prevention of serious human rights violations, including international crimes, and accountability of perpetrators when they do occur.