On December 8, the 7th Session of PGA’s Working Group on the Universality of the Rome Statute of the International Criminal Court in the Middle East and North Africa (MENA) Region was held in Dakar, Senegal, in the framework of the 9th Consultative Assembly of Parliamentarians on the ICC and the Rule of Law (CAP-ICC).
The 7th session of the MENA Working Group aimed to foster political dialogue on the universality of the Rome Statute within the region, as well as exploring the possible routes toward ratification and implementation of the Rome Statute. The participants included parliamentarians from Iraq, Morocco, and Tunisia; Academics from the United Kingdom and Sweden, and Members of the PGA Board and Secretariat. The event was conducted in form of a roundtable discussion on two topics, namely Overcoming Obstacles in the Ratification and Implementation of the Rome Statute, and A System of International Justice to Prevent and Counter Violent Extremism. The main purpose of this discussion was to highlight the particular challenges for each country and identify questions that were then posed to the Prosecutor on the first day of the CAP-ICC on 9 December.
In her opening remarks, Ms. Barbara Lochbihler, MEP, Convenor of the PGA International Law and Human Rights Program and Vice Chair of the Human Rights Subcommittee of the European Parliament, highlighted the importance of strengthening international law and the need to end impunity for war crimes on a global scale. As a member of the European Parliament, she reflected on the role that each country is playing in contributing into the escalations of ongoing conflicts. Many EU Member States are guilty of sending arms to conflict zones which has exacerbated the problems. She urged that everyone has to rethink their own role in the conflict which is a point she is addressing with colleagues at the European Parliament.
Hon. Amina Maelainine, MP (Morocco) recalled the Moroccan parliament’s ongoing discussion of being a party to the Rome Statute and explained existing challenges. While the parliament has made ratification a top priority, she stressed the hesitation present in the population — the overall attitude in the Arab region being that the people are not convinced that the ICC is fully impartial. The PGA Group in the Moroccan Parliament is a strong advocate for ratification and hosted discussions on the topic. One national obstacle is the lack of immunity of heads of states under the Rome Statute. Indeed, under the new Constitution, while MPs do not enjoy automatic immunity anymore and the sacred nature of the King has been removed, the latter still enjoys immunity. PGA has been working with its Members in Morocco on the Amendments to the Criminal Code, which are being discussed with the new government. They notably include the crime of genocide and a definition of crimes against humanity similar to the Rome Statute definition. However, a concern is that the new criminal code includes the death penalty for those crimes. Hon. Zana Saeed Khedher, MP (Iraq), has consistently shown his support of the ICC, including the creation of a parliamentary pressure group to urge Rome Statute ratification together with his colleague and PGA Member Faig Al-Sheik, MP. He stressed the need for unification by parliamentarians to pressure governments in the right direction, and not underestimate the power that such networks of parliamentarians have in ending impunity for the worst crimes of international law. PGA Members in Iraq are uniting in the Legal Affairs Committee for that purpose.
Hon. Noureddine Ben Achour, MP (Tunisia), Member of the Committee on Legislation, Security and Defense, spoke on the need for the ICC to punish all criminals, and expand its jurisdiction further than it has thus far. He stressed the importance of the independence of the ICC. His colleague, Hon. Hela Omrane, Member of the Committee on Law and Foreign Relations, confirmed the strong support of Tunisia for the ICC and that Tunisians are convinced about crucial role of this court and will not withdraw. There is an ongoing debate in Tunisia on the role to be played by Tunisia in finding a solution for Libya.
Dr. David Donat Cattin, PGA Secretary-General, urged the de-politicization of the ICC and the need for a cohesive response to ending impunity. He stressed the impact of the ICCs judicial strength in not only preventing crimes, but discouraging the continuance of these crimes by making perpetrators calculate their actions with judicial responses. Dr. Mohamed Elewa Badar, Associate Professor and Reader in Comparative and International Criminal Law and Islamic Law at Northumbria University, stressed the importance of the ICC but also highlighted needed reforms. To abandon the ICC would mean to abandon the entire framework of international justice, and it is important to remember that it is still a new judicial body, and we must collectively foster its growth.
The second round of discussions were opened by the PGA Treasurer, Ms. Petra Bayr, MP (Austria) who introduced the PGA Campaign to Prevent and Counter Violent Extremism, which is an advocacy strategy aiming to address and eliminate the theoretical, ideological, and practical bases of violent extremism. At the beginning of 2014, following the conflicts in Syria and Iraq, and regarding the self-described Islamic State (ISIL/ISIS/Da’esh), PGA Members from the MENA region and Europe proposed this campaign together facing the harsh reality that extremism in all forms endangers the wellbeing of all nations. She stressed that violent extremism is no longer isolated to localized armed movements, nor loose global networks of terrorism, but is rather the ideological source of inspiration of multiple groups in the Middle East and North Africa, as well as the Horn of Africa and Sahel regions. The ICC provides means for accountability and prevention, as proven this September, when the ICC Trial Chamber VIII declared Ahmad Al Faqi Al Mahdi (Mali) guilty of war crimes, showing that violent extremist groups’ members can be prosecuted and tried under criminal law.
The Tunisian MPs present underlined that Tunisia has become a fertile ground for violent religious extremism. In 2011, a general amnesty was given in Tunisia to terrorists, but there is a concern that those perpetrators might become active again. Terrorism is a global problem and responsibility is shared. We must try and find the right solutions. Zana Saeed, MP (Iraq) highlighted the issues of sexual enslavement and genocide against the Yazidi people, as well as the use of chemical weapons used against Kurds in 1988. What is needed is a world order that guarantees justice and the establishment of international courts is an important achievement. Concrete suggestions were to implement the UN Secretary General’s Action Plan on Preventing Violent Extremism, to work against corruption, to protect the ICC from further withdrawals and to reform educational curricula. The countless suffering in Iraq by Kurdish, Sunni, Yazidi and Shia people should be a reason for the Prime Minister to look forward and move ahead with Rome Statute ratification.
Following this event, PGA will continue to work on the domestic implementation of the Rome Statute in Iraq, as well as in Tunisia, and the Amendments to the Criminal Code of the Kingdom of Morocco. PGA further continues to support the UN Group on Accountability, Coherence and Transparency of the UN Working Methods through its Campaign on UN Strengthening. This includes a Code of Conduct regarding Security Council Action against genocide, crimes against humanity and war crimese. The PGA MENA WG will push for crimes committed by DAESH/ISIS to be prosecuted by the ICC, and for the UN Security Council to enable ICC jurisdictions when committed in non-member states. Further preventative measures were agreed on by all participants, such as an education system and politics to be separated from religion and to educate youth on the meanings of justice.