Over the last two weeks, I had the opportunity to be a part of an extraordinary gathering in Kampala in support of the fight against impunity. I joined the first ever Review Conference for the Rome Statue of the International Criminal Court (ICC), held from May 31st to June 11th. Participating in the conference were high level representatives from the 111 member states of the ICC, 10 of the countries from non-state parties who came in support for justice with status of observers including the United States, intergovernmental and international organizations and civil society representatives from every region of the world, the majority of whom were members of the international Coalition for the International Criminal Court (CICC).
This event came 12 years after the creation of the Court through its founding Rome Statue and 7 years after the ICC entered into force, helping the world start to transition from an era of absolute impunity to an era of accountability for the most serious crimes. The Review Conference came at a very critical time, as there was a great need for the ICC and its members to gather to address the multiple challenges that the Court has encountered in its work, and to improve the Court’s interaction with and responsiveness to victims and communities affected by atrocities. Member states needed this review meeting to examine their commitments to the Court many had participated in creating.
The ICC Review Conference provided a huge window of opportunity for the world community to reiterate its commitment to the fight against impunity. For example, the European Union and its 27 member states count themselves among the most ardent supporters of the ICC. At the conference, the representative of the European Parliament made a particularly strong statement of the EU’s commitment to ensuring cooperation with the Court and the execution of the pending arrest warrant against Sudanese president Omar al-Bashir. Other positive examples of countries seizing the opportunity presented by the Review Conference included the leading role played by the Latin American state parties; the clear statements of commitments to justice made by the African states parties; pro-active initiatives from Asian states including Bangladesh becoming the 111th country to join the ICC after ratifying the Rome Statute just prior to the Review Conference; as well as the general support by the non state parties and NGOs. All this, along with a clear recognition by nearly all participants of the importance of the role of civil society, sent a profound message about the value of the Court and of international justice. Holding the Review Conference in Kampala presented an exceptional opportunity for victims and affected communities from Uganda and other parts of the region to participate in the deliberations.
One important thing I noted was many non-state parties who were opposing or actively undermining the court less than 10 years ago were now revising their previous behavior and seeking alliance and engagement with the court. It seems that the ICC has become an unavoidable reality as an international institution. This situation makes me recall the Darfuri proverb which would advise you to clean your backyard before bringing an important guest to your house. Its means, unless you are confident about yourself don’t deal with something that may affect you negatively. It seems like the non-state parties are now cleaning their backyards before bringing the ICC as the guest to their homes by ratifying the Rome Statute. I should also use this opportunity to applaud the people and the government of Uganda, who have made history in hosting this conference and have set a precedent for the people of the continent to follow.
The Review Conference had two major parts. The first was the stocktaking exercise on topics related to the Court’s work so far, including: (1) Victims and Affected Communities; (2) Complementarily, including reinforcing states’ commitments to strengthen national justice systems to exercise jurisdiction over international crimes committed within their territories; (3) Peace and Justice; and (4) Cooperation. The stocktaking sessions were attended by high level diplomats from all over the world, and were filled with strong public declarations of support for the Court. Summaries of the conclusions of the four stocktaking exercises are available at: www.icc/asp/RC.
The second portion of the Review Conference was dedicated to considering amendments to the Rome Statute, most importantly a discussion on whether and how to include the crime of aggression as a crime over which the ICC can exercise its jurisdiction. Finally on Friday June 11th around midnight, after a long debate, the Assembly of States Parties reached a decision on the definition of the crime of aggression to include in the crimes under the ICC’s jurisdiction. The conclusion was an important milestone toward achieving global peace and security through the enforcement of international justice. Replacing the rule of force with the force of law is a moral imperative.
The Review Conference’s deliberations and discussions were very fruitful, constructive and productive. Almost all the states parties, observers and NGOs were able to actively interact with each other regarding the topics on the table, and there was no disagreement about the fact that recent crises have only increased the demand for effective international justice. The Conference also provided more clarity on the issues of “peace and justice” and affirmed that there should be no impunity for international crimes. In the stocktaking exercise on peace and justice, the participants agreed on the need to recognize the paradigm shift that has been brought about by the ICC — that justice is not a tool for punishment, but a critical tool for prevention of war crimes, crimes against humanity and genocide. Moreover, the purpose of justice is to help correct harm done and help guarantee that there is no retaliation for atrocities in the future – imperative, in my view, for any resolution of a conflict to be sustainable.
I experienced the Review Conference in two different ways: as an advocate, and as a survivor of the crimes in Darfur.
As an advocate, I was proud to be part of a huge global community of advocates for justice joining together to shape a global campaign to fight impunity. The effective interaction among the participants from various entities showed me a new reality: that the world has become smaller and more conscientious than ever before, and that it is now extremely intolerant of impunity for the massive human rights abuses that are too often perpetrated by leaders in countries like Sudan who assume that they will be able to escape with impunity. No, that is no longer the case! This is not happening because of any particular love that the world community has for people who have suffered in other corners of the world, or any particular hate for those who have perpetrated the crimes. Instead it is because many leaders around the globe have become more mindful of the need to protect the rights of their own citizens, citizens of their region, and of course the world’s citizens at large.
Experiencing the Review Conference as a survivor and member of a community affected by crimes under the ICC’s jurisdiction was a deep test for me. My experience began with a football (soccer) game for victims at the opening of the conference that brought together victims of war crimes from northern Uganda and other parts of region. The game was organized by the Ugandan Victims Foundation and other NGOs. Victims played football with high-level delegates included the president of Uganda, the UN Secretary General and the president of the President of the ICC Assembly of the State Parties (ASP). The game made it clear to me the profound nature of the conference participant’s commitment to victim’s rights and the restoration of their dignity. The game just by itself gave the participating victims the chance to feel a tangible impact of the ICC on their lives. They gained more confidence in their ability to use their talents and skills, evidenced by their active participation throughout the conference deliberations, side events in the People’s Space, and during the NGO strategy meetings organized by the CICC. Their voices were clearly heard, and their perspectives were integral in shaping the Review Conference agenda and resolutions.
The overall experience was a profound healing process that will bring recognition to victims of war crimes and empower them to build healthy communities, free from oppression and violence, which is necessary for the sustainable resolution of any crisis. I witnessed how yesterday’s victims have become strong voices for human rights and the top advocates for justice, not only at the Review Conference, but throughout the world. Many expressed hope for the prospect for peace in Northern Uganda, particularly in light of the ICC arrest warrant for Joseph Kony of the Lord’s Resistance Army (LRA), despite his reported escape from Uganda into neighboring countries. I was amazed by the many voices among the states parties, court officials, and civil society representatives who strongly advocated on behalf of victims. The ICC Prosecutor was another leading advocate for victims rights, stressing victims’ right to compensation and reparation for harm and losses suffered, and that such compensation should not be delayed until the end of trails.
The entire conference was an important learning process for all who participated. Just as Kampala has shown that those who advocate for justice are open to learning in order to improve their work, I hope that perpetrators like Sudan’s president al-Bashir will learn and change, and if not, that time is capable of changing them. For me the Review Conference has achieved its goals, and its impact will yield positive results in the both the short and long runs of our journey to bring about justice. The greatest remaining challenge will be in how states parties live up to and follow up on commitments to advancing the Court’s work that they made in Kampala. I strongly believe the declaration made by many states parties throughout the conference that they did not labor to set up the ICC only to see it fail. It was clear to me that they, and all conference participants, were committed to ensuring its success in bringing justice for the gravest crimes.
In conclusion, what I can take from Kampala to my people in Darfur? In reality, I came back from Kampala with a hope and a confidence that I would like to share with my suffering community in Darfur and with the Darfuri diaspora community. My message to them is:
Congratulations for the choice you have made by unanimously supporting the ICC and demanding your right to have access to long-awaited justice. You have become a part of a world community of conscience that has stood in the right side of morality and said no to impunity for the most heinous crimes. Rest assured that after the commitment that I have witnessed in Kampala, despite the multiple challenges faced by the ICC, justice for the victims of injustice in Darfur will be a reality in your lifetime. No matter how long the road, the base has been established and the promise of justice will come into reality.
The opinions expressed here are those of the author(s) and do not necessarily reflect the position of the Save Darfur Coalition.
Tags: Darfur, Events, Human Rights, ICC, Peace
