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La vision de PGA est de contribuer à la création d'un ordre international fondé sur le respect des règles pour un monde plus équitable, sûr, durable et démocratique.

PGA’s Delegation and Activities at the 16th Assembly of State Parties to the Rome Statute of the International Criminal Court

A delegation of PGA participated in the 16th Assembly of State Parties to the Rome Statute of the International Criminal Court.
A delegation of PGA participated in the 16th Assembly of State Parties to the Rome Statute of the International Criminal Court.

On 4 December and the following days, a delegation of Parliamentarians for Global Action including the lawmakers Ms. Macarena Gelman (Uruguay), Ms. Olena Sotnyk, MP (Ukraine), Mr. Keong Siong Su, MP (Malaysia) participated in the 16th Assembly of State Parties to the Rome Statute of the International Criminal Court (ASP-ICC), held in New York. In the framework of the ASP-ICC, PGA  organised two separate side-events to highlight the need for universality and implementation of the Rome Statute throughout the world.

The Assembly of States Parties is the management oversight and legislative body of the International Criminal Court. It is composed of representatives of the States that have ratified and acceded to the Rome Statute.

This year’s ASP was notably marked by South Africa’ Minister of Justice and Correctional Service, Mr. Michael Masutha’s, announcement that his country was still proceeding on with the withdrawal from the Rome Statute. He declared that, as first step, a bill would soon be introduced in Parliament to replace the ICC Act of 2002, restating universal jurisdiction into the domestic legal framework but regretfully aiming at placing immunities over accountability in national law. A withdrawing process had been tried in 2016 without parliamentary consent, which PGA denounced strongly. PGA also filed a submission to the Justice Committee to reject the previous Repeal Bill of the ICC Act 2002 and then welcomed the end of the withdrawing process. PGA will continue to work with Parliamentarians from Government and opposition to take action to halt this announced withdrawal process.

This ASP was also the first one where State Parties had the opportunity to activate the Court’s jurisdiction over the crime of aggression, after that more than 30 States ratified the Kampala Amendments. After prolonged closed discussions among State Parties, Resolution 10 on “Activation of the jurisdiction of the Court over the crime of aggression” was finally adopted on 14 December 2017, albeit under a restrictive interpretation of the scope of the Kampala Amendments. PGA members warmly welcomed this historic development, which brought back unity to the core crimes under International Law as affirmed in the Nuremberg judgement and principles, and subsequent practise.

Victims’ Reflections on Reparative Justice: The Voice and Role of Victims in the Fight against Impunity

On 5 December, PGA and the International Organization for Victim Assistance (IOVA) co-organised a side-event entitled “Victims’ Reflections on Reparative Justice: The Voice and Role of Victims in the Fight against Impunity”, in cooperation with the Victims’ Rights Working Group and the International Justice Project and hosted by the Missions of Switzerland, Uruguay and Brazil to the United Nations.

In his opening remarks, H.E. Elbio Rosselli, Ambassador of Uruguay to the United Nations reiterated his country's commitment to international justice and the rule of law, while underlining Uruguay's continued dedication to justice for victims of international crimes.

Mohamed E., President of the Darfur People’s Association of New York, shared his own personal story as a Darfuri survivor participating at ICC proceedings. He underlined both that the ICC is understood as the only hope for justice for the Darfuri people, but also that President Omar al-Bashir of Sudan, against who two arrest warrants are still pending, is still able to travel freely and that countries which fail to arrest him are not met with any penalty.

Mr. Joseph Akwenyu Manoba, Legal Representative of victims in the ICC pre-trial proceedings in the Ongwen case, as well as Legal Advisor of the Ugandan Victims Foundation, emphasised how the ICC is seen as the only credible option for justice by victims of atrocities committed in Uganda. He described his strategy to represent the interests and preferences of the victims to the best of his abilities but also shed light on many of the challenges of their participation before the ICC but also before the national courts. Finally, he regretted that the Trust Fund for Victims’ (TFV) activities did not extend to the participating victims.

Dip. Macarena Gelman, Chairwoman of PGA’s National Group in Uruguay, spoke about her political and personal commitment to justice, as a legislator and as the daughter of victims of disappeared individuals. She underlined how crucial it is for the international community to ensure that international crimes do not remain unpunished and highlighted the fight of the victims of the Condor plan to both see justice and participate in the proceedings.

Dr. Yael Danieli, Director of IOVA, then took the floor to frame the debate within the framework of reparative justice: justice should not be understood as the end point but as a process during which victims need to be treated with dignity and respect throughout. She underlined the negative impact of the excessive length of proceedings, as well as the expectations raised by the TFV’s mandate.

Mr. Motoo Noguchi, Chairperson of the Board of Directors of the TFV, underlined the important challenges the TFV faces in implementing the reparations ordered by the Court, including limited capacities and a steep decrease in voluntary contributions.

Universality of the Rome Statute within the Broader Human Rights Agenda: The Role of Parliamentarians

On 6 December, PGA co-organised a side-event entitled “Universality of the Rome Statute within the Broader Human Rights Agenda: the Role of Parliamentarians”, kindly hosted by the Permanent Missions of Denmark, Gambia and Germany to the United Nations.

In his opening remarks, H.E Ambassador Jens-Otto Horslund, Ambassador of Denmark to the Netherlands, underlined that the ICC is a key institution for victims of human rights violations and an essential avenue to address the “unspeakable harm” they suffered.

Hon. Abubacarr M. Tambadou, Attorney General and Minister of Justice of the Gambia, then took the floor to share the perspective of his newly democratic country. He recognized that parliamentarians hold a special role in the protection and promotion of human rights and that, as representatives of the people, they must be at the forefront of the fight against impunity, including by giving meaning to the principle of complementarity and implementing the Rome Statute nationally.

Ms. Olena Sotnyk, MP (Ukraine), Chairwoman of the Parliamentary Assembly of the Council of Europe’s (PACE) Committee on Legal Affairs and Human Rights, Member of the PGA Ukraine National group, explained that while Ukraine never ratified the Rome Statute, the events of 2015 put the need for accountability for international crimes and thus the role of the International Criminal Court back at the forefront of the political agenda. Although the government made two ad hoc declarations of its jurisdiction, a transitional provision was added to the Constitutional amendments of 2016, delaying the ratification. However, a study of Amnesty International shows that 72% of Ukrainians support the ratification of the Rome Statute and Members of Parliament have relentlessly been working closely with PGA towards this goal, including by focusing on implementation first until ratification becomes possible in 2019.

Hon. Thomas Su Keong, Member of Parliament of Malaysia and Treasurer of PGA’s National Group, reminded the participants that the government of Malaysia had committed to ratifying the Rome Statute in 2001 but has yet to do so. The accession to the treaty does not require approval from the Parliament, merely the deposit of the instrument by the executive, but PGA Members have been extremely active in pushing the government towards ratification. The main obstacles here are the lack of political will, and that Malaysia, as a commonwealth country, should firstly implement the treaty. The PGA Malaysia National Group has therefore started to work on a draft law, based on the Revised Commonwealth Model law. During a lively open discussion moderated by PGA’s Secretary General David Donat Cattin, Mr. Mattias Hellman External Relations Advisors to the ICC Presidency, recognized that while promoting universality is not the Court’s responsibility, it still has a role to play in joint approaches with other stakeholders, as the Court has done in collaborating with PGA in reaching out to parliamentarians.

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