On 9 April 2021, PGA co-organised with its National Group in Nigeria, a Workshop on the Fight Against Impunity for Mass Atrocities under the Rome Statute of the International Criminal Court (ICC) and promotion of the Rule of Law, convened by Hon. Abdulrazak Namdas. During this hybrid in person-virtual meeting, legislators from Nigeria, as well as Members of the Economic Community of West African States (ECOWAS) Parliament, including Parliamentarians from Cabo Verde, Guinea Bissau, The Gambia and Togo, discussed challenges, successes, and endeavours undertaken to conduct domestic investigations and prosecutions of international crimes. The event represented a unique occasion for the ECOWAS Parliament Members to reflect on international justice issues in the region prior to their First Ordinary Meeting usually scheduled in May.
The meeting opened with Hon. Abdulrazak Namdas, Chair of the PGA Nigeria National Group, who placed an emphasis on the responsibility of legislators to make laws and support policies that foster peace and justice- stressing there was no better time than now to support the work and objectives of the ICC. Hon. Ossai Nicholas Ossai, Chair of the Committee on Treaties, Protocols and Agreements representing the Speaker of the House of Representatives of Nigeria, appreciated the continuous engagement of PGA in the process of adoption of the implementation bill in Nigeria since 2012. Recalling that the Bill had been approved in first and second reading in previous Legislatures before the National Assembly of Nigeria, Hon. Ossai affirmed on behalf of the Hon. Speaker that the Parliament of Nigeria was planning to cooperate with the PGA National Group on advancing and finalising the process to give effect to the domestication of the Rome Statute.
The first panellist, Ms. Horejah Bala-Gaye, Trial Lawyer at the Office of the Prosecutor (OTP) of the ICC, elaborated on how international and national mechanisms could address impunity for serious human rights violation in West Africa. Recalling that the Court was working on 14 situations from all around the world, Ms. Bala-Gaye offered an overview in four West African countries: (1) Guinea, where the Court is supporting the government’s national efforts for accountability under the preliminary examination phase; (2) Nigeria, where the Court, having concluded there were reasonable grounds to believe that international crimes had been committed since July 2009, was moving to the investigation phase; (3) Côte d’Ivoire, where, despite the confirmation of the acquittals in the Gbagbo and Blé Goudé case by the Appeals Chamber on 31 March 2021, the OTP was still investigating alleged crimes attributable to the responsibility of individuals affiliated with both sides of the conflict; and (4) Mali, which has been under investigation since 2013, with a reparation order issued in the Al Mahdi case, found guilty in 2016, and the on-going proceeding in Al Hassan case. Ms. Bala-Gaye discussed The Gambia’s Truth, Reconciliation, and Reparation Commission (TRRC) and the issues it faced, including witness protection, and the support of its work provided by the ICC Registry through trainings. Underscoring that Parliamentarians are critical partners in the fight against impunity, she underlined that the Court stands ready to offer all the required support to undertake meaningful actions to that end.
Dr. Dino Kritsiotis, Professor at the University of Oxford and Head of the International Humanitarian Law Unit at the Nottingham International Law & Security Centre of the University of Nottingham, recognised the centrality of the work of the Court, demonstrated by the self- referrals of situations by States, including Mali. Dr. Kritsiotis further discussed the importance for the Nigerian government to undertake national actions to prosecute mass atrocities committed by Boko Haram and its splinter groups as well as by members of the Nigerian security forces, while ensuring collaboration with the OTP. With the ever-growing turbulence faced by the African continent today, Dr. Kritsiotis recalled the words of President Buhari of 17 July 2018 - on the occasion of the 20th anniversary of the Court - that “the ICC, and all that it stands for, is now needed more than ever, in ways that were unforeseeable to its founders” and urged States to take concrete actions to ensure that international crimes do not go unpunished. On this note, Dr. David Donat Cattin, PGA Secretary-General, added that while PGA works toward universality in all regions of the world, it counts on its largest vibrant membership from the African region, with over 400 PGA individual Members – including the Speaker of the ECOWAS Parliament Hon. Sidie Mohamed Tunis, MP (Sierra Leone), who could not attend the session but endorsed the event – who engaged in the Rome Statute Campaign. The PGA Secretary-General alerted to the fact that the use of violence in the name of counterterrorism, especially through the controversial policy of the so called “targeted killings”, only paved the way to a multiplication of acts of violent extremism and recruitment into criminal organizations like Boko Haram, as recognised by the PGA since 2017 in the Milan-Plan-of-Action on Preventing Violent Extremism and Mass Atrocities.
Recalling the strong leadership of African States in establishing and advancing the work of the Court, Justice Amady Ba, Hors hiérarchie Senegalese judge on secondment as Head of the International Cooperation Unit at the OTP of the ICC, stressed the importance of cooperating with the Court, most notably to ensure: (i) the implementation of its decisions at the national level; (ii) to facilitate the cross-checking of information with government officials once a communication is sent; or, upon the deployment of the OTP team, (iii) to meet with military officials and to collect evidence on its territory. Justice Ba emphasised the non-unilateral nature of the cooperation. – States are equally entitled to send requests to the ICC for information and for assistance in conducting domestic investigations and prosecutions for the Rome Statute crimes. Justice Ba raised several cooperation challenges the Court faces. These include security issues, for example in Central African Republic, where access to certain regions was difficult, or the lack of political will, manifested by the 14 unexecuted arrest warrants. Justice Ba affirmed that the OTP was looking forward to a constructive exchange with the Nigerian government to determine how justice could be best served under the principle of complementarity.
Hon. Fatoumatta Njai, MP (The Gambia), Member of the Standing Committee on Human Rights and Constitutional Affairs, then presented an overview of the International Crimes Bill and the Prevention and Prohibition of Torture Bill, both benefitting from the input provided by PGA, adopted in first and second readings in 2020. The International Crimes Bill would comprehensively implement the Rome Statute within the domestic legislation of The Gambia, enabling national courts to prosecute international crimes and foreseeing cooperation with the ICC. Taking note of the challenges faced by the TRRC expressed by Ms. Bala-Gaye, Hon. Njai reiterated the importance of the inclusion of provisions on witness protection and psycho-social support to victims in the Prevention and Prohibition of Torture Bill, expressing her commitment to ensuring that the appropriate budget is considered when passing the Bill. Hon. Njai attested that the Human Rights Committee was currently reviewing the outstanding bills, with a view of preparing a report highlighting the implementation gaps, to be shared with the National Assembly in due course. Finally, Hon. Njai reminded her honourable colleagues of the importance of conducting their work with due diligence to ensure the implementation of laws that are effective and in compliance with best practices to protect their citizens and future generations.
Addressing the audience on the gender perspective in the Rome Statute, Ms. Priyadarshini Narayanan,Appeals Counsel at the OTP of the ICC, explained the importance of implementing the Rome Statute as a tool to criminalise gender persecution in all national legislation. Ms. Narayanan discussed the innovative provisions of the Rome Statute, including the crime of forced pregnancy and the gradual recognition of the crime of forced marriage as a separate underlying crime against humanity. In this respect, she referred to Dominic Ongwen, who has been recently found guilty under 61 charges of war crimes and crimes against humanity committed in Northern Uganda, including sexual and gender- based crimes, with the caveat that the decision may be appealed. Recognising that the scope to prosecute sexual and gender-based crimes under the Rome Statute is vast, Ms. Narayanan stressed its high potential, when used judiciously to enhance investigation and prosecution at the national level. Ms. Narayanan concluded her presentation with the reference to the 2014 OTP Policy Paper on Sexual and Gender-Based Crimes, emphasising that given the grave character of these crimes, a focus on a gender perspective was critical at all stages of criminal proceedings.
Dep. Joao Bernardo Vieira, MP (Guinea Bissau), Member of the Foreign Affairs Committee,expressed his strong commitment to actively work toward the ratification of the Rome Statute in Guinea Bissau. While acknowledging that within the ECOWAS only Guinea Bissau and Togo are not yet States Parties to the Rome Statute, Dep. Vieira affirmed that the National Assembly of Guinea Bissau stands ready to work toward the ratification of the Rome Statute and its full implementation. Dep. Vieira analysed the example of other Lusophone countries, such as Brazil and Cabo Verde, which have made modest constitutional amendments in parallel to the Rome Statute ratification. He underlined that the prohibition to extradite nationals posed no obstacle to the ratification, given that the ICC did not require the extradition of nationals but their surrender - in full respect with the principle of complementarity, according to which States Parties have the primary duty to investigate and prosecute international crimes. Dep. Vieira declared that he would work, along with his colleagues, on an amendment proposal to adopt a constitutional revision that could help facilitating the acceptance of the ICC jurisdiction in Guinea Bissau. He welcomed the offer of technical assistance by PGA, which had already provided similar assistance to several countries, including Cape Verde in 2009.
In the same vein, Ms. Frederika Schweighoferova, Senior Legal Officer for the International Law and Human Rights Program at PGA, made a commentary on the central role played by Parliamentarians in strengthening the Rule of Law. She stressed the importance of the inclusion of the comprehensive definitions of the core international crimes and general principles of international criminal law, referring to the examples of Côte d’Ivoire or Senegal. She underscored the overarching impact of the implementing legislation on the enforcement of the Rule of Law, including through the adoption of universal jurisdiction which prevents the perpetrators of international crimes from seeking refuge on the countries’ territory. Ms. Schweighoferova stressed that the implementation of the Rome Statute enables States to try perpetrators before their own courts, enhances victim’s participation, bolsters the guarantees of a fair trial, and provides legal certainty.
To conclude, Dr. Donat Cattin, recalling that the main rationale behind PGA’s work is to prevent international crimes, underscored the importance of the work of legislators, whether through the ratification and implementation of the Rome Statute or through raising awareness within their communities, to make sure that the gravest human rights violations would never be committed again. Hon. Benjamin Mzondu, MP (Nigeria) closed the meeting welcoming the progress of The Gambia in domesticating the Rome Statute. He stressed that the Workshop has encouraged Parliamentarians to move forward and take further actions to enhance human rights protections, increase security and promote accountability for international crimes.
