CASIN Delegate Mary J. Gennuso Revuews the 10^th Session of the ASP to the Rome Statute of the ICC

Being a CASIN delegate at this occasion afforded me many new educational opportunities, including first-hand observance of democratic process at a unique level, that of the assembly for international criminal court. The elections were definitely one of the highlights of this assembly, during which a new ASP president and ICC prosecutor were elected, as well as 6 new judges.  It was watching history in the making as several women were elected to these high positions.  Certainly, however, it was the election of the judges that provided the most intense and suspenseful experience.  While the first 3 judges were elected relatively quickly, the last three were dragged out over several more rounds of ballots.  With each ballot, however, there was opportunity to observe more of the election rules as well as diplomatic negotiations in action as the delegates huddled for strategic planning in between rounds.

The elections were not the only opportunity for observing diplomacy in action, however, as the regional and special meetings provided ample evidence of the CICC in action as they worked towards raising awareness of different issues in order to facilitate improvement of the process.  For instance, there were several meetings on complementarity and the need for cooperation as they probed the delicate balance between the roles of the individual states and that of the ICC as well as the UN’s Security Council role and the many permutations of relationships between them, all for the cause of the administration of justice in the crucial area of human rights.  The Hague Report especially brought out the legal gap between states for mutual assistance, and it also began to consider different strategies for bridging that gap on matters pertaining to arrest warrants and extradition.

The various speeches by different state representatives also provided the opportunity to observe different positions and tensions between states on issues such as the budget.  While on the one-hand the court has seen an increase in cases over the year and requests more financial support to effectively handle this case-load, on the other hand there is the economic crunch that is squeezing everyone, including this important court.  Again, the issue of where to strike the balance between them was poignant.  Most the other speeches were more congratulatory in nature, applauding the newly elected as well as thankful recaps of the work accomplished by the assembly and court under the auspices of the former president.

In addition to the formal sessions and meetings, there were many informal opportunities to meet other NGOs such as AMICC, Amnesty International, Redress, as well as members of the CICC itself.  From AMICC I learned of the various hurdles facing any possible future ratification of the Rome Statute by the US, who is currently not a member.  Of course there was also time to get to know other CASIN delegates and discuss issues.  Everyone I encountered was more than willing to answer questions and help better understand important points of the Rome Statute, election rules, and the various recommendations made by the CICC, such as the emphasis on the need for merit-based elections, which while obvious enough, bore repeating due to the political nature of the elections.  Yet, all in all, at the end of the day it seemed that indeed democratic process was followed and a fair representation of regions and genders, as well as qualifications, were eventually met in the selection of the new judges.

Last but not least was the opportunity to attend a reception hosted by the CICC which honored both the past president of the ASP and the newly elected woman president, as well as recognizing the hard work of many others who helped launch and improve the work of the court and assembly. It was an exciting time to be there and mingle and observe under more relaxed circumstances than those of the high paced meetings that took place during the day.

From the beginning of this event, which began with the information and planning session hosted by the CICC, right through to the end of the elections and the assembly, it was a highly educational and informative time period which was well worth the effort. In the end I not only learned a lot, took home a lot of information including written reports to review for further study, but I also met many new people and got more involved with the work of CASIN, and hope this will lead to further opportunities for growth.

All in all, it was a tremendous victory for women: on its first day alone, Estonian Ambassador Tiina Intelmann was elected as the new President of the Assembly of States Parties.   I also had the luck of sitting only two rows behind Fatou Bensouda and witnessed firsthand the unanimous election of the new female Chief Prosecutor of the ICC.  She graciously accepted the congratulations that began pouring in and was escorted out of the conference room by a large crowd of well-wishers.  Ms. Bensouda’s election is significant in any number of ways.  For one, her election benefits women the world over: she has pledged to prosecute sexual and gender crimes and has promised that she will ensure that the Office of the Prosecutor will work more closely with women’s organizations in the future, especially those in conflict countries, which often provide the sole support to women victims.

The Prosecutor-Elect also has a chance to finish the work she started as deputy under Prosecutor Moreno Ocampo, as she has yet to secure the ICC’s first conviction in her first case and is only just managing to wrap up the much-contested Thomas Lubanga Dyilo case.

But perhaps what will be most critically observed in the coming years is her ability to handle the African Union’s (“AU”) dissembling in terms of its support for the Court.  From the Court’s inception, the AU’s stance has shifted from merely critical to sometimes openly hostile, heightened by the realization that all seven Situations currently being investigated are located within Africa.  Despite the fact that three of these Situations have been self-referred, Africans claim a special prejudice against them and have steadfastly refused to cooperate in handing over President Omar al-Bashir of Sudan, ticking years onto his outstanding arrest warrant.   The Prosecutor-Elect, herself from Gambia, dismissed these notions earlier this year, stating that “[a]ny time I hear this about the ICC targeting Africa…it saddens me, especially as an African woman. . . All of the victims in our cases in Africa are African victims…they’re the ones who are suffering these crimes.”  Her Gambian nationality may make it harder for these accusations to stick, and, in fact, the Assembly of States Parties stated as much in acknowledging that there was “pervasive sentiment that the next prosecutor should come from Africa.”

On 12-16 December 2011 after 15 rounds, the ASP elected six new judges: Miriam Defensor-Santiago (the Philippines), Anthony Thomas Aquinas Carmona (Trinidad and Tobago), Robert Fremr (Czech Republic), Olga Venecia Herrera Carbuccia (Dominican Republic), Howard Morrison (United Kingdom) and Chile Eboe-Osuji (Nigeria).  The two women judges will maintain the slight female majority, with ten women serving in the eighteen-strong 2012-2015 class on the ICC.

On 15 December 2011, in an afternoon panel on “International Crimes Against Children,” a young woman named Grace Akallo stole the spotlight, despite an all-star panel that featured Ms. Radhika Commaraswamy, Special Representative of the Secretary-General for Children and Armed Conflict; Silvana Arbia, Registrar of the ICC; Elisabeth Rehn, Director of the Board of the Trust Fund for Victims; and Brigid Inder, Executive Director of Women’s Initiatives for Gender Justice.  In the crowded Dag Hammerskjold Auditorium, her simple but powerful words touched everyone.  Ms. Akallo was abducted by Ugandan Lord’s Resistance Army (“LRA”) rebels at the age of fifteen, marched into southern Sudan, abused, and forced to commit atrocities against civilians and other captives.  Despite this harrowing childhood, Ms. Akallo returned to school, attended college in the United States and serves as a spokesperson and peace activist with World Vision, a Ugandan Christian relief and development organization, sharing her personal experiences with the world.

For all but the few who work directly with child-soldiers, speaking of the traumas faced by these victims and what the prospect of becoming an official victim or witness before the ICC entails becomes an exercise in the abstract, projecting imagined emotions and fears on individuals whose lives rarely resemble our own.  Ms. Akalla, well-spoken and self-assured, brought into stark relief the fractured and complicated lives of former child-soldiers, especially girl child-soldiers.  With the practice of specific aid to child-soldiers being so new, relatively speaking, to the international community, Ms. Akalla emphasized that the special needs of girl child-soldiers, carrying “more burdens than boy child-soldiers,” have been overlooked.  Some of those burdens include “war babies,” children borne of their former captors.  These children make reintegration back into the village complex and returning to school difficult, if not impossible.

Despite a painfully laborious negotiations period, the session eventually concluded on 21 December 2012 with agreement on both an omnibus resolution on strengthening the ICC, as well as a 2012 program budget.  The omnibus resolution included laying out the parameters of an independent oversight mechanism (“IOM”) for the Court, which objectors had feared would impinge upon the independence of the prosecutor.  Hopes remain high that despite being saddled with a budget smaller than desired, the Court will continue with its revolutionary work. Recalling the President of Botswana Ian Khama’s keynote address at the start of the session, the Court has done quite well considering its short time in existence, its limited budget, and not yet universal support.  He deemed the ICC a “mechanism within a larger international human effort” in the “human quest for global peace and security.”  As the Court gains a new prosecutor, new parties, and heads into the New Year, the ICC faces challenges both new and old.  Yet with its first decision on the horizon, the ICC has already demonstrated that the effort to end impunity is not a mere aspiration.  With the collective support of States Parties, the Court can only make further inroads towards the realization of international peace and security.

Read about the Assembly of States Parties, Our recent delegation, CASIN opportunities and other CASIN updates!

CASIN is currently seeking a proofreader/typesetter for its journal Eyes on the International Criminal Court. The proofreader/typesetter will work directly under the editor-in-chief, interacting with the managing editor. This is a volunteer position, giving the candidate direct exposure and responsibility in publication procedures with an international focus. The duties of this position can be carried out remotely: you do NOT need to live in New York to apply.

Job Duties:

• Proofread a limited number of articles, comprising ca. 20–50 pages, to comply with the Chicago Manual of Style.
• Proofread footnotes for all articles to comply with legal format in accordance with the Harvard Blue Book.
• Typeset all articles to fit house publication style.

Competences and Qualifications:

• University degree in law, international relations, journalism, literature or comparable.
• Fluency in English (oral and written) at native speaker level. Additional languages, particularly French, are welcome.
• Comprehensive practical knowledge of the Chicago Manual of Style and the Harvard Blue Book.
• Strict attention to detail.
• Computer literate and willingness to work in a young and multicultural environment, using predominantly electronic communication (Skype, e-mail, etc.).
• Prior work experience in publishing and/or editing is highly preferred.
• Knowledge of the International Criminal Court and/or international criminal law is preferred.

Applications should be submitted by e-mail to the editor-in-chief, Mr. Bernhard Kuschnik, at bernhard@americanstudents.us by 30 June 2011. Only shortlisted candidates will be contacted. Shortlisted candidates may be asked to take a written test.

Eyes on the ICC is the first peer‐reviewed interdisciplinary journal dedicated exclusively to the work of the International Criminal Court and international criminal law.
The journal, published annually by the Council for American Students in International Negotiations, invites quality submissions for its seventh volume from practitioners, scholars, jurists, and professionals in fields related to international criminal law and policy. Occasionally, exceptional student work will be accepted. Manuscripts are accepted on a rolling basis until August 15, 2011.
Manuscripts must be computer‐generated and submitted electronically via e‐mail to icc@americanstudents.us, or via Berkeley Electronic Press’s ExpressO submission service, at http://law.bepress.com/expresso.
Each submission should contain an abstract, the author’s CV, appropriate contact information, and a cover letter. Articles and notes may range in length from 25 to 80 pages, double‐spaced. Book reviews range from 1,000 to 2,500 words. Submissions should adhere closely to the Chicago Manual of Style and cite sources in legal format according to the Harvard Blue Book.
Authors are encouraged to seek comments on their manuscripts from colleagues within their discipline. The journal invites commentary on the quality of its submissions, whether by private correspondence or published letter.
Correspondence not directly related to the submission process should be addressed to the Editor‐in‐Chief, Mr. Bernhard Kuschnik, at bernhard@americanstudents.us.