The US and the ICC

The United States is a signatory to the Rome Statute but has not yet ratified the Rome Statute. PGA however recognized very positive steps towards supporting the ICC by the US administration since 2009.

On May 17, 2017 the United States Embassy in Sudan reiterated that the United States opposes invitations, facilitation, or support for travel by any person subject to outstanding International Criminal Court (ICC) arrest warrants, including President Bashir. See the full statement here.

On March 21st 2016 the United States Ambassador to the UN officially stated that "The decision today by a Trial Chamber of the International Criminal Court (ICC) to convict Jean-Pierre Bemba Gombo, a former Vice President of the Democratic Republic of the Congo (DRC), of war crimes and crimes against humanity, is a significant victory for international justice and a major advancement in the fight against impunity for crimes of sexual violence.”

The US Administration made it clear through this statement that it recognizes the ICC as an important tool in the fight against impunity for the most serious crimes and its important role in promoting gender justice.

Parliamentary Action in relation to the ICC

On February 10, 2016, the Tom Lantos Human Rights Commission, in conjunction with  Parliamentarians for Global Action (PGA), the War Crimes Research Office of American University Washington College of Law, the Washington Working Group on the International Criminal Court and American Bar Association-ICC Project, organized a congressional briefing titled: “Seeking Justice for Atrocities:  How the International Criminal Court Could Advance Accountability in Iraq and Syria” at the United States House of Representatives in Washington, DC.  Read more here.

Chairman Royce, Rep. McGovern Urge Obama to Focus on Defeating Kony, LRA, August 7, 2013

PGA’s member in the United States, Congressman Jim McGovern (co-Chair of the Tom Lantos Human Rights Commission), has proven his continued leadership through the bipartisan initiative that has urged President Obama to enhance international and regional coordination to end the Lord Resistance Army’s (LRA) threat, to apprehend its commanders including Joseph Kony and to ensure protection of civilian populations in the Democratic Republic of the Congo (DRC), South Sudan, Central African Republic (CAR), and Sudan, as well as the end to child recruitment and conscription.

Parliamentarians from the PGA network in Central African Republic and the Democratic Republic of the Congo have expressed strong appreciation for the Congressman’s efforts to guarantee that the LRA threat is not forgotten and remains on the political agenda, constantly recalling the Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act. This is a classic example presenting how PGA Members globally connect to support each other.

This important initiative is also saving lives of the people in CAR as the AU-UN authorized military operation led by Ugandan troops assisted by one-hundred US Special Forces to pursue the LRA has indirectly blocked attacks of the Seleka rebels against civilians in the South Eastern section of the Central African Republic, the only part of the CAR not devastated by the Seleka, as reported by Christian Today.

Unfortunately, the efforts in CAR remain insufficient despite the presence of the 400 AU troops. Since April 2013, when the rebels took over the CAR, hundreds of children recruited for the confrontations and lawless militia have brought devastation and terror.

54 Members of PGA, both from government and opposition have been deposed from their parliamentary functions. Seven of them, including the Chair of the PGA CAR group, Hon. Pascal Djmasse and its Secretary Hon. Martin Wiguele went into hiding as their property was looted and their family members violently attacked. Those Members of Parliament from CAR, Members of PGA, have written to PGA calling on the PGA network for protection solidarity and support.

The Chair of the PGA International Council, Dip. Minou Tavarez Mirabal (Dominican Republic), has mobilized her Congress in the Dominican Republic to strongly condemn the coup d’état (see document from 29 April 2013 in https://www.pgaction.org/ilhr/rome-statute/central-african-republic.html) and the PGA secretariat has actively shared key information and appeals for protection with Governments and with the ICC, which has jurisdiction over the territory of this state party to the Rome Statute. The President of PGA, Mr. Ross Robertson, MP (New Zealand) has tabled a parliamentary Notice of Motion urging his government to take action at the United Nations and in other competent fora (see Parliamentary Notice of Motion on page 9) .

PGA is encouraging the international community to send a peace-keeping operation with the mandate to halt the recruitment of children, and a UN mission with the capacity to install mandatory demobilization and rehabilitation, and to address the causes of vulnerability for recruitment.

PGA’s network are working together and joining their forces in the fight against impunity. Congressman Jim McGovern brings hope to PGA Members in Africa and ensures that no country shall be forgotten and that the international community follows a zero-tolerance policy for the most serious crimes of concern to humankind. Hopefully, a forthcoming legislation on crimes against humanity currently under preparation by the State and Defense Departments, and soon to be submitted to Congress, will provide the right forum for discussion of the means to ensure effective protection against the most serious crimes under international law.

US Senate Resolution callings on Kenya to cooperate with the ICC and ensure witness protection, 23 April 2013, Motion by Senator Christopger Coons (D-Del)

The resolution issued in the context of the peaceful completion of the elections in Kenya,

(6) calls on the Government of Kenya to respect commitments to seek justice for the victims of political violence, including by honoring its obligations under the Rome Statute to cooperate fully with the International Criminal Court with regard to the three cases that remain before the Court slated to go to trial in 2013;

(7) calls on the Government of Kenya to ensure ICC witnesses are fully protected and not subject to interference but afforded the protections they deserve to ensure justice is served;.