Consultative Assembly of Parliamentarians for the ICC and the Rule of Law - 7th session

11 December, 2012

Celebrating 10 years of the Rome Statute
Chamber of Deputies, Parliament of Italy
Rome, Italy | 10-11 December 2012

The Italian Parliament hosted from 10-11 December 2012 the 7th Consultative Assembly of Parliamentarians for the International Criminal Court and the Rule of Law (CAP ICC), a global gathering of legislators focused solely on the International Criminal Court (ICC) and the fight against impunity for the most serious crimes of international concern.

In a message addressed to the Speaker of the Italian Chamber of Deputies and to the 200 Parliamentarians in attendance from all regions of the world, the President of the Italian Republic, Giorgio Napolitano, recognised “the coherent and meritorious commitment of Parliamentarians for Global Action in support of strengthening the international Rule of Law, in particular via one of its fundamental tools, the ICC”.

The Assembly’s proceedings, which coincided with PGA’s 34th Annual Forum and International Human Rights Day, saw the participation of MPs and State Officials from approximately 70 countries, the highest authorities of the Italian Parliament, prominent Governmental and International personalities, and a high-profile group of representatives from Civil Society, the judiciary, the legal professions and academia.

Among the Assembly’s results, the following deserve specific mention:

The commitment of high level politicians from States that have not yet ratified the Rome Statute of the ICC to conclude the relevant processes of ratification as soon as possible (Malaysia), by the end of 2013 after the reform of the Penal Code (Morocco), in the course of the legislative year 2013-14 (Jamaica) or when their national calendar of decision-making will allow a large majority in Parliament (Cote d’Ivoire, El Salvador)
The commitment of MPs to initiate a national debate towards ratification (Mauritania) and the planning of a Cabinet Minister to do so when the national democratic framework will be further consolidated, after the 2013 mid-year elections (Zimbabwe)
The empowerment of MPs from States Non Parties that have already declared their interest in joining the Rome Statute (Tonga and Togo) and from States Non Parties that have not yet expressed a position on this critical matter (Kazakhstan,Libya and Yemen)

The outcomes of all the Panels and the Question-Time with the ICC Prosecutor have been incorporated in the “Rome Action Plan on the Prevention of Atrocities, the Rule of Law and the International Criminal Court”. The document is divided into the following six sections, which reflect the goals of the Campaign for the Rome Statute of the ICC:

Achieving the Universal Ratification of the Rome Statute
Ensuring Full Cooperation with the ICC
Promoting Fair and Effective Domestic Prosecutions (complementarity)
Advancing the effective prevention of the most serious crimes on international concern
Promoting respect for international humanitarian law and the prohibition of the unlawful use of force through the 2010 Kampala Amendments to the Rome Statute
Maintaining a political/parliamentary constituency in favour of the Rule of Law and the prevention of the most serious crimes

Parliamentarians for Global Action will work with individual Legislators and other political leaders to make sure that the commitments by, inspiration and empowerment of Lawmakers that emerged in Rome will bear fruit in the national Legislatures of all Participants, by way of further advocacy and analysis efforts, technical assistance, follow-up events and initiatives to be undertaken in conjunction with partners and stakeholders.

Brief Summary of Proceedings

The opening session provided the opportunity for the President of the Chamber of Deputies, Gianfranco Fini, and the Italian Minister of Justice, Paola Severino, to reaffirm the role played by Italy and the European Union in the creation and operationalization of the Rome Statute system, through which 121 States have decided to put an end to impunity for the most serious crimes of international concern.

The President of the ICC, Judge Sang-Hyun Song, celebrated the 10th anniversary of the Rome Statute’s entry into force in its birthplace encouraging as many States as possible to join the group of ICC Member States. The Speakers of Parliaments from Non States Parties Tonga and Togo benefitted from bilateral meetings with the ICC President, which may in turn contribute to their active engagement towards two new ratifications of the Rome Statute.

The President of PGA, Ross Robertson MP (New Zealand), recalled the role played by PGA and its CAP ICC in creating a global parliamentary constituency for the ICC and the Rule of Law, highlighting achievements made by PGA Members in crucial areas such as implementing legislation (i.e., Uganda) and ratification (i.e., Japan, The Philippines, The Maldives and Vanuatu).

The opening session was closed by the Vice President of the Italian Senate, Emma Bonino, former Board Member of PGA and founder of No Peace Without Justice, who recalled the two decades of her personal and institutional commitment towards the international consolidation of the principle of individual criminal responsibility.

Agenda

Debate on Prosecutorial Strategy: Deterrence and Effectiveness

Direct interaction with the Office of the Prosecutor of the ICC
Universality of the Rome Statute

Report of Progress and Parliamentary strategies and challenges to attain more ratifications and accessions
Parliamentarians and the principle of complementarity

Legislators’ contribution to the adoption of legislation and the creation of political will for domestic prosecutions of ICC crimes in light of the principle of complementarity
Cooperation with the ICC

Parliamentary contribution to effective international cooperation with the ICC, especially with respect to the enforcement of arrest warrant, the freezing of assets and the protection of witnesses and victims.
Legal challenges to regional cooperation with the ICC

The African Union position and the Head of State Immunity
Parliamentary contribution to the entry into force of the Kampala Review Conference Amendments

Actions to advance the ratification of the amendments on the crime of aggression and on war crimes.
Challenges for the Relationship between the ICC and the UN Security Council

Selectivity, use of veto, transparency, effectiveness, funding
Discussion and Adoption of The Rome Action Plan to give effect to the result-oriented deliberations of the CAP-ICC

Participants

All democratically elected Parliaments belonging to the Inter-Parliamentary Union were invited by the President of the Italian Chamber of Deputies, Mr. G. Fini, and the President of PGA, Mr. R. Robertson, MP (New Zealand) to attend the CAP-ICC.

Parliamentary delegations will be primarily composed of legislators working directly on ICC-related topics, foreign affairs, defense, human rights, development, conflict management, education, health, budget.

The delegations of numerous states will be led by the Speaker of the relevant legislative assembly.

Parliamentarians will be invited to participate actively in the debate by sharing the challenges and progress they or their countries are facing.

ICC Officials: As every session of the CAP-ICC, the highest ICC officials will be invited to actively participate in a debate session with the participants, starting with the President and the Prosecutor.

High Level International Officials will be invited to represent relevant international organizations involved in the fight against impunity, the protection of civilians and the representation of regional interest in conflict situations.

Government Officials: The CAP-ICC will be opened by the Minister of Foreign Affairs of Italy. Other Italian officials are expected to confirm attendance.

Selected delegates to the Assembly of States Parties will be invited to attend as observers.

The CAP ICC is open to NGOs representatives and selected experts upon invitation.

Defender of Democracy Awards Ceremony

Since 1996, PGA has held the Defender of Democracy Awards (DDA) Ceremony in parallel with its Annual Forum. The Award is presented to individuals who, through their own commitment and active engagement, have made significant progress in strengthening democracy and democratic practices. Past recipients include Hon. Helen Clark, Former Prime Minister of New Zealand; Ms. Mary Robinson, former United Nations High Commissioner for Human Rights; and Mr. Lakhdar Brahimi, former Special Representative of the UN Secretary-General for Afghanistan.

The 2012 DDA Ceremony, to be hosted by the Italian Senate on the evening of 10 December, will be granted to two women human rights activists: Sister Simone Campbell, Executive Director of NETWORK (United States), for her distinguished advocacy and commitment to economic justice and peacebuilding; and Ms. Khady Koita, President of La PALABRE (Belgium/Senegal) for her commitment to women’s rights and advocacy to stop human rights violations. Also, the 2004 recipient of the DDA, Ms. Teesta Setalvad, Human Rights Activist and attorney-at-law (India), will receive the 2004 Award for her work on human rights and the promotion of the rule of law.

Attendance to the DDA by invitation only

Organizing Committee

PARLIAMENTARIANS

N.B. Please note that this list is non-exhaustive. Other Members may join the Organizing Committee upon invitation of PGA:

Sen. Benedetto ADRAGNA (PD), Questor of the Senato
Sen. Emma BONINO (Rad. – PD), Vice-President of the Senato
Sen. Prof. Stefano CECCANTI (PD)
On. Furio COLOMBO, Presidente, Sotto-Comitato Diritti Umani, Camera
Sen. Barbara CONTINI (FLI – Terzo Polo) (First Vice-President, Sustainable Development Comm., IPU)
On. Teresio DELFINO (UDC – Terzo Polo)
On Gregorio FONTANA (PDL)
On. Franco FRATTINI (PDL; Resp. Esteri), già Ministro degli Affari Esteri e Vice-Presidente della Commissione Europea
On. Sandro GOZI (PD)
Sen. Pietro MARCENARO (PD), Presidente, Commissione Straordinaria Diritti Umani, Senato; Delegazione italiana presso la Parliamentary Assembly of the Council Europe
On. Matteo MECACCI (Rad. – PD), OSCE Parliamentary Assembly
On. Giovanna MELANDRI (PD)
On. Federica MOGHERINI (PD, Resp. Globalizzazione)
On. Gabriella MONDELLO (UDC – Terzo Polo)
On. Osvaldo NAPOLI (PDL), Vice Capo-Gruppo PDL alla Camera e Vice-Presidente dell’ Associazione Nazionale dei Comuni Italiani (ANCI)
Sen. Marco PERDUCA (Rad. – PD), Coordinator of PGA Italy
On. Enrico PIANETTA (PDL)
Sen. Roberta PINOTTI (PD)
On. Lapo PISTELLI (PD, Resp. Esteri) (Presidente, Comitato Organizzatore "CAP ICC Rome 2012")
On. Paolo ROMANI (PDL)
Sen. Francesco RUTELLI (API – Terzo Polo)
On. Jean Léonard TOUADI’ (PD)
On. Gianni VERNETTI (API – Terzo Polo)
On. Santo VERSACE (UDC) MEP
Prof. Vittorio PRODI (PD), Parlamentare Europeo; membro di PGA ed ex Presidente del Gruppo PGA nel Parlamento Europeo

Former Parliamentarians

Avv. Alessandro Forlani, già parlamentare e Resp. Esteri dell’UDC; già Presidente del Gruppo di PGA Italia; Commissario, Commissione di Garanzia sulla Sciopero nei Servizi Pubblici
Avv. Demba Traoré, Mali (Secretary of the Nonviolent Radical Party transnational and transparty)

Government and International Organisations

S.E. Staffan De Mistura, Sotto-Segretario di Stato, Ministero degli Affari Esteri
Dott. Cuno Tarfusser, Giudice e Vice-Presidente, Corte Penale Internazionale, L’Aia
Dott.ssa Clara Albani, Direttore, ufficio di rappresentanza del Parlamento Europeo di Roma
International Development Law Organization (IDLO), Roma

Civil Society, Legal Professions and the Academia

Dott. Niccolò Figà-Talamanca, Segretario Generale, Non C’è Pace Senza Giustizia
Dr. David Donat Cattin, Senior Director, International Law and Human Rights Program, PGA
Ms. Grazia Mazza, CAP-ICC Segretaria del Comitato Organizzatore, PGA, International Law and Human Rights Program
Dott.ssa Sara Cavelli, Direttore generale, Società Italiana dell’Organizzazione Internazionale
Prof. Paolo Benvenuti, Ordinario di Diritto Internazionale e Preside, Facoltà di Giurisprudenza, Univ. Roma Tre
Prof.ssa Flavia Lattanzi, Ordinario di Diritto Internazionale, Facoltà di Economia, Univ. Roma Tre; giudice ad litem, Tribunale Penale Internazionale per la Ex Iugoslavia
Prof. Mauro Politi, Ordinario di Diritto Internazionale, Facoltà di Giurisprudenza, Univ. di Trento; già giudice, Corte Penale Internazionale
Prof. Avv. Alfonso Stile, Ordinario di Diritto Penale, Facoltà di Giurisprudenza, Università “La Sapienza” di Roma; Presidente, Associazione Internazionale di Diritto Penale (AIDP)-Italia
Avv. Francesco de Angelis, Ordine degli Avvocati di Napoli; già Direttore, Commissione Europea (European Initiative for Democracy and Human Rights)
Avv. Fabio Maria Galiani, Delegato del Consiglio dell’Ordine degli Avvocati di Roma alla Corte penale internazionale; Tesoriere, Associazione Internazionale di Diritto Penale (AIDP)-Gruppo italiano
Dott.ssa Elisabetta Rosi, magistrato, Consigliere nella Sezione Penale della Corte di Cassazione; membro del Consiglio Direttivo, AIDP-Gruppo italiano
Prof. Avv. Guido Calvi, Componente del Consiglio Superiore della Magistratura (CSM)