Maternal Mortality- Progress but not Enough

By Debbie, June 20, 2010

Guest Blogger: Anna Sandor

Maternal Mortality—Progress, but not Enough

43rd Commission on Population and Development

The theme of the 43rd UN Commission on Population and Development concentrated on Health, Morbidity and Mortality; however, a primary sub-topic was that of extending health care to all by exposing and rectifying gender inequality. Protecting women is important for multiple reasons—the most obvious being that they are the key to ensuring a healthy population and sustainable birth rates. Birth rates, in turn, directly impact economic development through human capital.  Thus, if a sustainable and healthy growth rate of economic development is directly in the country’s interest, and this economic growth can only be reached only through gender empowerment, it is imperative for countries to address the specific health care access issues that women face.  The New York Times, during the convention, published an article about the decline in overall maternal morbidity globally.  Despite this, a common theme at the convention was the use of the NYT article by NGOs and country representatives as motivation to continue efforts to reduce gender inequalities instead of as a reason to slow them down.  After all, the situation remains dire in developing and least developed countries.  Pregnancy and childbirth is still the leading cause (globally) of death in 16-25 women.  54 million people worldwide still suffer from complications with pregnancy. In addition, sexual and reproductive problems are still 18% of the global disease burden. Maternal mortality is especially grave in Sub-Saharan Africa, where women face a 1 in 16 lifetime risk of dying from pregnancy related causes. Every country has a responsibility to reduce maternal mortality rates in order to advance human fulfillment, as well as economic development Thus, a major theme at the conference was that the recent NYT article should not dissuade us from continued efforts towards progress, but should remind us of all the work that is left.

Despite the positive advancements globally, maternal deaths in East Asia and Sub-Saharan Africa fail to be adequately addressed. Moreover, the international community has a moral and social obligation to commit to addressing maternal mortality in order to achieve the Millennium Development Goals 4, 5, 6, and 3. These involve reducing child mortality, improving maternal health through universal access to reproductive health care, combating HIV/AIDS (1.5 million of the 2 million that die each year from HIV are children and women and women are 1.2 times more likely to be infected than men), and promoting gender equality. Three of the eight Millennium Development Goals are related to health.  Most of these, particularly reproductive health, are important for the short-run, as well as long-run Millennium Development Success.

In order to continue advancing towards the goal, barriers in ensuring women’s health must be tackled.  Unequal access issues must be addressed. Tackling these barriers requires initiatives at local and national levels to ensure sustainability. One barrier to access is the lack of a working health care system.  Delivering an functional health care system requires effective engineering.  The second large barrier is social inequality. Social and legal disadvantages yield unequal power relations and are a major obstacle in health care access for women. Empowerment of women is vital to ensure women’s health and ensures lower rates of gender based violence. This is vital, because women that are abused are 50% more likely to be HIV positive (according to Planned Parenthood).

Another barrier is the lack of access to family planning. Funding for this globally has almost halved and universal access to reproductive health has suffered as a result.  According to the International Planned Parenthood Federation, one of the main pillars of development is family planning.   Efforts to reform family planning should continue through civil society organizations that complement government organizations. After all, the facts are stark: 215 million people don’t have access to contraceptives.  Access would prevent millions of unwanted pregnancies.

Global cooperation is clearly needed on the issue of maternal morbidity.  Internationally funded support programs are imperative.  This requires advocates and politicians to raise awareness.  Many NGOs at the Commission recommended increased budget allocations towards women’s health. Some even recommended that donor countries commit . Seven percent of GDP to global and domestic programs for reproductive rights. The next commission will concentrate on adolescence and youth, and the role of maternal morbidity will be a continuing theme at this commission as well.

Position Opening: Finance Position

By Debbie, June 20, 2010

Position Opening: Finance, Board of Directors

The Council for American Students in International Negotiations
(CASIN) is currently seeking a Treasurer to join its Board of
Directors. Serving on the board of a non-profit organization can be a
tremendously challenging and rewarding experience. Energetic graduate
students, young professionals, and mid-career professionals working or
interested in the fields of international relations, international
law, human rights, international education, and civic engagement are
especially encouraged to apply.

Organization:
CASIN is a membership-based society that strives to deepen the
commitment of American students to multilateral discourse through
scholarship and engagement with intergovernmental and supranational
institutions and the processes that govern them. An educational non-
profit, non-governmental 501(c)(3) organization, CASIN provides young
Americans unprecedented access to the international policymaking
process. The organization’s primary activities consist of (1)
organizing student delegations to meetings of supranational and
intergovernmental bodies such as the United Nations and the Assembly
of States Parties of the International Criminal Court (ICC), and (2)
the production of peer-reviewed scholarly journals on topics of
international importance.

Job Description:
The Treasurer tracks and disburses the organization’s material
resources, manages the annual budgeting process, provides internal and
external reports on the organization’s finances, and supports
development activities. Although this position is specifically for a
Treasurer, each member of the Board works in multiple areas of the
organization’s work, and the ideal candidate should be interested in
much more than mere accounting procedures.

The Treasurer sits on the Board of Directors, the governing body of
the organization that actively administers the organization’s
activities. The Board is comprised of graduate students and young and
mid-career professionals who meet monthly via conference call and
quarterly in person in New York City. This is a skills-building
professional service position, with a time commitment of approximately
20 hours per month, without remuneration. Current and former Board
members have found that serving CASIN has contributed substantially to
their professional development. More details on the structure and
operation of the Board are available at www.americanstudents.us/about/board-of-directors/.

Qualifications:
A commitment or interest in the topics of the organization’s work is
paramount. A basic understanding of nonprofit accounting, reporting,
budgeting, grant writing and grant administration are essential.
Facility with accounting software such as Quickbooks is highly
desirable, but can also be acquired subsequently. The Treasurer must
be able to work virtually approximately 20 hours per week and be
available for monthly conference calls and quarterly meetings in New
York.

CASIN is also looking for a Board member who can administer the
organization’s website. Candidates with webmaster experience, and an
interest in limited webmastering, should note this in their cover
letters.

How to Apply:
Please send a letter of interest, résumé/CV, and three references to
finance@americanstudents.us. Any questions regarding the position can
also be addressed to this address.

From a Delegates Perspective: the 43rd session of the UN Commission on Population and Development

By Debbie, June 15, 2010

GUEST BLOGGER: JEN KALAIDIS

From a Delegates Perspective: the 43rd session of the UN Commission on Population and Development

By Jen Kalaidis

The 43rd session of the United Nation’s Commission on Population and Development, entitled “Health, Morbidity, and Mortality,” met April 12-16, 2010 in New York City.

The main focus of this year’s Commission addressed the Millennium Development Goals (MDGs) and their likelihood of success as the 2015 deadline draws near.  While reports indicate that countries made commendable progress in areas such as eradicating extreme poverty and hunger and reducing childhood mortality rates, much of the progress varies by region.  Many middle-income countries, such as Brazil, South Africa, India and China have succeeded in cutting the proportion of inhabitants living in extreme poverty, despite the growing income disparities.   The least developed countries (LDCs), particularly those in Sub-Saharan Africa, however, are falling short of these goals.

While the Committee noted that there is still much work to be done to achieve those particular MGDs, it focused more heavily on two other goals, improving Maternal Health and Promoting Gender Equality/Empowering Women, two shortcomings which transcend regional borders.

One of the most effective means to improve maternal health is increasing the accessibility to affordable and quality healthcare.  This means that a woman needs to have the option of seeing a primary care physician throughout the term of her pregnancy to guarantee the healthy progress of both herself and her unborn child.  Currently many women do not get this support.  They may see a physician only for delivery or, in many cases, not at all.  Building more hospitals, especially in rural areas, along with devising a more progressive universal health care plan, are a few of the realistic means proposed by the Commission to achieve this MGD.

Another component to improving global maternal health is increasing reproductive health education and accessibility.  While these programs would be much less expensive than expanding primary care, they face many cultural and religious boundaries.  Women speaking openly about their questions about sexual health remains taboo in many regions of the world.  Thus, many women are unable to receive education about sexual health or receive family planning services that would increase maternal health.

Similar cultural barriers also threaten the achievement of the other MGD, Promoting Gender Equality/Empowering Women.  Despite the Universal Declaration of Human Rights and the de jure guarantee of gender equalities, many women from all parts of the world are treated as second-class citizens.  In large families, the sons go to school and the daughters stay home, which perpetuates the second-class citizenship of women.  Additionally, employment across the globe is gendered, where women receive significantly less remunerations for the labor than men. The Commission did take into consideration cultural sensitivities, but it advocated for giving each country and each woman the option to participate in programs that promoted gender equality and the empowerment of women.

Another significant topic of this year’s commission was the rise in non-communicable diseases overtaking communicable diseases as the leading cause of global mortality (60% of all deaths are now due to non-communicable diseases).  While life expectancies are rising in most of the world, this trend is problematic for countries’ continuing development because it leads to populations who are less healthy, less productive, and who are draining their countries budget by skyrocketing medical costs.

The Commission traced the roots of this trend to new agricultural practices coupled with urbanization and industrialization.  Rapid industrialization has changed the way food is produced, which directly affects the availability of foods.  Individuals used to eat locally grown food, with an emphasis on grains, vegetables, and legumes, with meat seen as more of a luxury. Yet, due to factory farming and increased exports/imports, individuals today have a diet that is high in meat and diary and low in whole grains and vegetables.  Additionally, populations now consume more sweetened beverages due to water scarcity and decreased prices.

The more sedentary lifestyle associated with urbanization also contributes to the increased mortality rates from non-communicable diseases.  As more and more people are moving into cities and industries are moving away from manual labor, people are becoming less active.  These new trends in food consumption, diet, and lifestyle play a large role in increased rates of obesity, which leads to many of the above mentioned non-communicable diseases.

While these new trends remain problematic, the good news is that non-communicable diseases are preventable.  Barry Pompkin, Professor of Nutrition at the University of North Carolina Chapel Hill and author of the book The World is Fat, presented many solutions to combat mortality rates due to non-communicable diseases.  Pompkin’s approach stressed prevention over curing, and he proposed many ideas how to reverse the trends.  For one, Pomkin stressed the importance of education to make people more aware of what they are eating and how it affects their health.  While he did not propose any significant reforms in subsidies, he did advocate for a more regulatory governments to help promote good health.  He cites many effective initiatives done by the French and British governments to help reduce the consumption of unhealthy diets.  Both countries prohibit or limit the accessibility of sweetened beverages in schools, as well as provide healthy meals.  Additionally, France prohibits television advertisements for young children to try to reduce the demand for unhealthy products.  Many governments are also pressuring corporations to exclude many additives and preservatives that have an adverse affect on health.

In short, the 43rd Commission of Population and Development, entitled “Health, Morbidity, and Mortality”, focused specifically on the two MGDs of improving maternal health and promoting gender equality, as well as analyzed the new trend of the highest rates of global mortality being attributed to non-communicable diseases.  Working towards ameliorating these problematic trends, then, would lead to healthier, more productive societies that would make achieving all the MGDs, as well as development more broadly, more likely.

Fundraising Board Position

By Debbie, June 13, 2010

Fundraising Board Member Job Description

CASIN seeks an enthusiastic individual with experience in fundraising to become a member to the board of directors. This unpaid position, approximately 5 hours a week, is a great opportunity for someone looking to gain more experience in nonprofit fundraising.

CASIN: The Council for American Students in International Negotiations is a membership-based society that strives to deepen the commitment of American students to multilateral discourse through scholarship and engagement with intergovernmental and supranational institutions and the processes that govern them.
CASIN is an educational non-profit, non-governmental 501(c)(3) organization providing young Americans unprecedented access to the international policymaking process. Its primary activities consist of (1) organizing student delegations to meetings of supranational and intergovernmental bodies such as the United Nations, the Assembly of States Parties of the International Criminal Court (ICC), the Pan-American Health Organization, and the Biennial Meeting of States on Small Arms; and (2) the production of peer-reviewed scholarly journals on topics of international importance.

Required Skills:
-Successful fundraising experience
-Knowledge of funders
-Grant-writing skills
-Passion and commitment to CASIN’s mission
-Experience with nonprofits or international organizations

Preferred Skills:
-Experience with international negotiations, law or the UN system
-Leadership experience with student organizations

Please send cover letter and resume to board@americanstudents.us by July 1, 2010

New Internship Opportunity: Social Media

By Debbie, June 3, 2010

Great Opportunity to get involved in our organization for those with social media skills. This will be conducted completely with online communication and can be done from home!

Social Media Intern

CASIN seeks a budding social media guru to aid in revamping CASIN’s social media strategy and outreach. This is an unpaid, part-time internship with opportunity to develop communication, outreach and marketing skills at a nonprofit with national reach.

CASIN: The Council for American Students in International Negotiations is a membership-based society that strives to deepen the commitment of American students to multilateral discourse through scholarship and engagement with intergovernmental and supranational institutions and the processes that govern them.
CASIN is an educational non-profit, non-governmental 501(c)(3) organization providing young Americans unprecedented access to the international policymaking process. Its primary activities consist of (1) organizing student delegations to meetings of supranational and intergovernmental bodies such as the United Nations, the Assembly of States Parties of the International Criminal Court (ICC), the Pan-American Health Organization, and the Biennial Meeting of States on Small Arms; and (2) the production of peer-reviewed scholarly journals on topics of international importance.

The ideal candidate will have
- Proven success with social media strategy
- Photoshop skills
- HTML skills
- Commitment to CASIN’s mission
- Experience with student organizations

To apply please send a resume and a cover letter to board@americanstudents.us. We are looking to fill the internship ASAP.

Position Opening: Publications

By Debbie, May 25, 2010

Position Opening: Publications Committee, Board of Directors

The Council for American Students in International Negotiations (CASIN) is currently seeking to fill a position on the Publications Committee of its Board of Directors. Energetic graduate students, young professionals, and mid-career professionals working or interested in the fields of international relations, international law, human rights, international education, and civic engagement are especially encouraged to apply.

Organization:

CASIN is a membership-based society that strives to deepen the commitment of American students to multilateral discourse through scholarship and engagement with intergovernmental and supranational institutions and the processes that govern them. An educational non-profit, non-governmental 501(c)(3) organization, CASIN provides young Americans unprecedented access to the international policymaking process. The organization’s primary activities consist of (1) organizing student delegations to meetings of supranational and intergovernmental bodies such as the United Nations and the Assembly of States Parties of the International Criminal Court (ICC), and (2) the production of peer-reviewed scholarly journals on topics of international importance.

Job Description:

The Publications Committee oversees the publication to Eyes on the ICC and the Interdisciplinary Journal of Human Rights Law, peer-reviewed journals on international legal and political affairs. This includes the recruitment and management of editorial and production staff and the circulation of the journals. Each Board committee contains three members. The position available is uniquely geared toward someone with publication production experience, including aspects such as copyediting, typesetting, printing, online content management, and circulation. The committee member will maintain guidelines for and support journal editorial staff in carrying out these tasks for each annual journal volume.

The Board is comprised of graduate students and young and mid-career professionals who meet monthly via conference call and quarterly in person in New York City. This is a skills-building professional service position, with a time commitment of approximately 20 hours per month, without remuneration. Current and former Board members have found that serving CASIN has contributed substantially to their professional development. More details on the structure and operation of the Board are available at www.americanstudents.us/about/board-of-directors/.

Qualifications:

A commitment or interest in the topics of the organization’s work is paramount. Each member of the Board sits on two committees, and each committee is comprised of at least three directors. While this description is focused on the particular opening on the Publications Committee, the applicant should have broader interests in the organization’s work. For this position, experience in academic publishing, document production, or printmaking is useful. Further, the ideal candidate should have experience with one or several of the following: typesetting, copyediting, online content management, e-commerce, and/or fulfillment. The position requires expert knowledge of Microsoft Word and Adobe Acrobat Pro; knowledge of more advanced document production software is a plus. The Board member must be able to work virtually approximately 20 hours per week and be available for monthly conference calls and quarterly meetings in New York.

CASIN is also looking for a Board member who can administer the organization’s website. Candidates with webmaster experience, and an interest in limited webmastering, should note this in their cover letters.

How to Apply:

Please send a letter of interest, résumé/CV, and three references to publications@americanstudents.us. Any questions regarding the position can also be addressed to this address.

Position Opening: Treasurer

By Debbie, May 21, 2010

Position Opening: Treasurer, Board of Directors

The Council for American Students in International Negotiations
(CASIN) is currently seeking a Treasurer to join its Board of
Directors. Serving on the board of a non-profit organization can be a
tremendously challenging and rewarding experience. Energetic graduate
students, young professionals, and mid-career professionals working or
interested in the fields of international relations, international
law, human rights, international education, and civic engagement are
especially encouraged to apply.

Organization:
CASIN is a membership-based society that strives to deepen the
commitment of American students to multilateral discourse through
scholarship and engagement with intergovernmental and supranational
institutions and the processes that govern them. An educational non-
profit, non-governmental 501(c)(3) organization, CASIN provides young
Americans unprecedented access to the international policymaking
process. The organization’s primary activities consist of (1)
organizing student delegations to meetings of supranational and
intergovernmental bodies such as the United Nations and the Assembly
of States Parties of the International Criminal Court (ICC), and (2)
the production of peer-reviewed scholarly journals on topics of
international importance.

Job Description:
The Treasurer tracks and disburses the organization’s material
resources, manages the annual budgeting process, provides internal and
external reports on the organization’s finances, and supports
development activities. Although this position is specifically for a
Treasurer, each member of the Board works in multiple areas of the
organization’s work, and the ideal candidate should be interested in
much more than mere accounting procedures.

The Treasurer sits on the Board of Directors, the governing body of
the organization that actively administers the organization’s
activities. The Board is comprised of graduate students and young and
mid-career professionals who meet monthly via conference call and
quarterly in person in New York City. This is a skills-building
professional service position, with a time commitment of approximately
20 hours per month, without remuneration. Current and former Board
members have found that serving CASIN has contributed substantially to
their professional development. More details on the structure and
operation of the Board are available at www.americanstudents.us/about/board-of-directors/.

Qualifications:
A commitment or interest in the topics of the organization’s work is
paramount. A basic understanding of nonprofit accounting, reporting,
budgeting, grant writing and grant administration are essential.
Facility with accounting software such as Quickbooks is highly
desirable, but can also be acquired subsequently. The Treasurer must
be able to work virtually approximately 20 hours per week and be
available for monthly conference calls and quarterly meetings in New
York.

CASIN is also looking for a Board member who can administer the
organization’s website. Candidates with webmaster experience, and an
interest in limited webmastering, should note this in their cover
letters.

How to Apply:
Please send a letter of interest, résumé/CV, and three references to
finance@americanstudents.us. Any questions regarding the position can
also be addressed to this address.

ICC Pre-Trial Chamber II authorizes an investigation into the situation in Kenya

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By Bernhard Kuschnik, April 12, 2010

On 31 March 2010, Pre-Trial Chamber II of the International Criminal Court (ICC) held by majority decision that the Office of the Prosecutor (OTP) may commence an investigation proprio motu for crimes against humanity allegedly committed in the Republic of Kenya in relation to the post-election violence of 2007 – 2008. Ratione temporis, the OTP may now investigate crimes from 1 June 2005 (the date of the Rome Statute’s entry into force for the Republic of Kenya) to 26 November 2009 (the date of the filing of the Prosecutor’s Request to allow the investigation).

The Decision, which can be accessed at http://www.icc-cpi.int/iccdocs/doc/doc854562.pdf, has great political and legal implications, as it represents the ICC’s first major ruling showcasing its understanding of the legal elements of crimes against humanity as stipulated in Article 7 of the ICC Statute. ICC Chief Prosecutor Luis Moreno Ocampo opened the OTP Press Conference on 1 April 2010 by reiterating the Decision of the Pre-Trial Chamber, stating “The judges decided. There will be justice in Kenya.” Ocampo stressed that the OTP will conduct the investigations with fairness and impartibility, and with respect for every party in the proceedings, holding “I will engage in this process with the Kenyans, with all the communities. This Court is their Court. Kenyan leaders – women, youth, tribal, judicial, political, religious, all have a role to play. I want to understand them and analyze how my office and all Kenyans can work together to prevent of future violence.”  Ocampo’s eagerness to highlight the process was possibly due to the trouble the OTP faced in the Lubanga and Katanga/Chui trials regarding compliance with the law on disclosure – particularly Article 54(3)(e) of the ICC Statute.

From a legal perspective, the Decision touched on some of the very foundations of the law governing the ICC. The majority found that in accordance with the purpose of the ICC Statute, the general threshold for authorizing an investigation are to be seen as rather low, claiming that, at this stage of the proceedings, the OTP may present to the Chamber any information that may lead to the result when there is a reasonable basis to believe that crimes within the jurisdiction of the ICC had been committed. The Chamber held that the wording ‘reasonable basis to proceed’, included verbatim in Articles 15  and 53 of the ICC Statute, concerned with the role of the Prosecutor and the initiation of an investigation, respectively, displays the same harmonized standard.

As for the interpretation of the legal elements of crimes against humanity, the Court interpreted the contextual element of ‘attack’, which, pursuant to Article 7(2)(a) of the ICC Statute, includes ‘a State or organizational policy’, progressively. The Court held that not only state, or de facto state policy, but also a non – state policy may be sufficient. Not the formal nature and the level of the ‘organization’ should be decisive to form the required policy, but the level of infringement of basic human rights.

ICC Judge Hans Peter Kaul disagreed in a comprehensive and well-written dissenting opinion comprising of no less than 80 pages.  Regarding the standard for opening an investigation, and while agreeing with the majority on the general standard of ‘reasonable basis to proceed’, Kaul stressed that some caution should be exercised as to what sort and quality of information may satisfy this standard. Kaul claimed that contrary to national prosecutions, the OTP should not be allowed to present simply any sort of information, but rather only information that is adequately reliable and credible, because opening proceedings at the ICC may lead to serious multilateral implications. Furthermore, the ICC only concerns itself with the gravest international crimes of universal concern. Thus, the well known national standard of ‘reasonable grounds to believe’ should be handled more strictly in ICC proceedings. In the case at hand, Kaul concluded that the OTP had not presented adequate material particularly with regard to the contextual element  of ‘attack’.

Concerning substantive criminal law, Kaul claimed that great caution should be exercised to transplant case law from international and internationalized tribunals – such as the ICTR, ICTY and SCSL – to ICC law for purposes of legal interpretation.  Simply, the ICC Statute does not mandate that the ICC follow precedents of other Courts. Finally, and by relying on the legal and factual history of crimes against humanity, Kaul made a case for interpreting the term ‘organization’ conservatively as to only include State and state-like entities. Without a stricter interpretation, Kaul believed that the concept of crimes against humanity may expand to ‘any infringement to human rights’, blurring the lines between human rights law and international criminal law. Even though I don’t espouse Kaul’s perspective on this issue, I consider his view reasonable and comprehensible.  What limits me from embracing his opinions is the fact that acts of ‘ad hoc macro-criminality’, such as the drop of an atomic bomb, the poisoning of a city’s water supply system, or an intentional plane crash into a skyscraper might possibly not be included when applying Kaul’s interpretation, yet they should qualify as crimes against humanity due to comparable quantity and quality of damage caused (elaborated upon elsewhere, see B. Kuschnik, Der Gesamttatbestand des Verbrechens gegen die Menschlichkeit, 235 et seq).

Since the majority of ICC Pre-Trial Chamber II refused to concur with Kaul’s conservative interpretation on the term ‘organization’, the ICC will be free to possibly handle such scenarios under its jurisdiction in the future.

Call for Papers, Eyes on the ICC

By Debbie, March 29, 2010

Call for Papers 2010-2011:

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 7th 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 July 15, 2010.

Manuscripts must be computer-generated and submitted electronically via e-mail to the Managing Editor, Ms. Yasmin Tabi at yasmin@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 to the editor assuring that the manuscript has not been submitted or published elsewhere. Articles and Notes may range in length from 25 to 80 pages, double-spaced, and book reviews 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.

Cooperation and the ICC

By Sarah Repucci, March 26, 2010

Cooperation was discussed on the morning of the second day of the 8th session of the Assembly of States Parties (ASP) of the International Criminal Court (ICC).  On the surface, it was a relatively noncontentious subject.  The purpose of the discussion was to clarify how the ASP Review Conference in June will consider how states and non-states parties cooperate with the court.

The United States made its first statement of the ASP during the cooperation discussion.  Ambassador-at-Large for War Crimes Stephen Rapp made a statement that the United States has cooperated with both the ICC and the various ad hoc tribunals in the past, and will continue to do so in the future.  The statement made clear that the United States will cooperate whether or not it ratifies the convention – it was up to the listener to decide which outcome was more likely.  Various NGOs in attendance speculated that the United States had reserved its statement on aggression for Tuesday afternoon in order to be able to first make this positive statement on cooperation.

There was not much discussion of the U.S. statement at the time.  However, on Thursday, the ASP was tasked with approving the summary of the week’s proceedings.  Suddenly, cooperation became the major issue.  In the draft summary, there was Paragraph 19 mentioned in general terms the substance of the U.S. statement – the United States was not named, and the comment was attributed to the general discussion.  But Venezuela opposed inclusion of this paragraph.  According to the Venezuelan delegation, it was irrelevant to mention the ad hoc tribunals in this context, and the paragraph should be rephrased.

The discussion steadily degenerated into a microcosm of world politics.  Venezuela, the United States’s perpetual rhetorical foe in contemporary foreign policy, stood firm that the language must be changed.  The representative spoke only Spanish.  Meanwhile, the United States’s traditional allies, both at the ASP and more broadly, spoke in defense of the paragraph.  Regardless of their native language and the available interpretation, nearly all spoke English (with the notable exception of France).  Until late in the discussion, no one mentioned the United States by name.  Three or four delegations would support leaving the paragraph, and then Venezuela would make another plug for alteration.  A few states, including Cuba and Argentina, defended Venezuela.  Progress beyond this one paragraph was at a standstill for nearly an hour.

Ultimately, language was chosen that satisfied all in the room; perhaps most delegates were simply too worn out to object.  The final word on the infamous Paragraph 19 was Canada’s.  That delegation had asked to speak before Venezuela had made its initial comment.  The Canadians had wanted to add something to the summary about a secondary point they had made on Tuesday.  But after all the vitriol that had filled the room over ad hoc courts, Canada said they would withdraw their request and would prefer to move on.  Leave it to the Canadians to smooth things over.

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