New York / The Hague / Buenos Aires
On 21 November 2016, at the seat of the International Criminal Court (ICC), the Ambassador of Argentina to the Kingdom of The Netherlands, H.E. Mr Horacio Salvador, and the ICC Registrar, Mr Herman von Hebel signed a voluntary agreement on cooperation with the ICC related to witnesses' protection. The Agreement was signed in the presence of the ICC President, Judge Silvia Fernández de Gurmendi, and the Under Secretary for Criminal Policy of the Ministry of Justice of Argentina, Dr Ricardo Martín Casares as well as Parliamentarians for Global Action (PGA) President, Dip. Margarita Stolbizer (Argentina).
PGA members in Argentina, who have worked closely with the Ministry of Justice and the Ministry of Foreign Affairs to achieve this accomplishment, welcome this important development that represents a crucial element in ensuring the effective functioning of the Court as well as a concrete action to show support to the Court during the difficult political situation triggered by the decision of three States Parties to withdraw from the Rome Statute system against impunity.
The process of signing the voluntary agreement was significantly advanced as a result of the meeting held on 19 July 2016 by PGA President Dip. Margarita Stolbizer with Ministry of Justice’s high-level officials, which focused primarily on discussing the language of the framework of the voluntary agreements. Following up on that meeting, the PGA Secretariat held consultations with Ministry of Justice’s officials and a meeting that took place at PGA’s The Hague office. On 27 September 2016, the Minister of Justice of Argentina, Germán Garavano, held a meeting with the President of the ICC, Judge Silvia Fernández and Dip. Margarita Stolbizer, aimed at identifying actions to support investigations and prosecutions of international crimes, while highlighting the importance of cooperation with the Court. The prospects of signing voluntary agreements on cooperation with the ICC were at the centre of the discussion.
Argentina became the 18th State to have signed the voluntary agreement on protection of witnesses, which mainly concern the crucial matter of relocation. Signing voluntary agreements with the ICC is crucial in supporting the effective fulfilment of the Court`s mandate. Throughout the proceedings at the ICC, witnesses – who often include victims/survivors – play a key role in providing crucial elements of evidence to the Court. Nevertheless, given that the ICC conducts investigations in situations which are either subject to on-going conflicts or post conflict situations, testifying before the ICC often precludes the witnesses from returning safely to their home-countries as they might suffer serious and retaliatory acts on account of their cooperation with justice. The Court bears the responsibility to ensure that the lives of witnesses and their families are not in danger and, to this end, cooperation from State Parties is essential. Voluntary agreements on relocation, which enable witnesses to live in safe environments, is therefore an indispensable tool to not only protect the safety of witnesses, but also to advance international justice.
The success of trials before the ICC is largely dependent on the evidence provided by the witnesses in their testimonies. However, testifying in front of an international court might, for many witnesses, require an act of great courage as they are often subjected to threats against their personal lives and risks of retaliation upon return to their homes. I feel very proud that by signing the voluntary agreement on relocation of witnesses, my country can protect these courageous persons from reprisals for bringing crucial evidence to the proceedings concerning the gravest international crimes.Mrs. Margarita Stolbizer (Argentina)
President of PGA
We are delighted to sign the agreement on the cooperation with the ICC on relocation of witnesses. We strongly believe that offering protection to the witnesses is an important step towards strengthening the proceedings at the ICC and ultimately contributes to achieving justice, at both national and international level. I call upon other States to follow our path and demonstrate their support to the ICC in its fight against impunity for the most serious crimes of international concern.Dr. Ricardo Martin Caseres
Undersecretary of Criminal Policy, Ministry of Justice, Argentina
