Civil Society Urges States Parties to Ensure Adequate Funding for ICC to Deliver Fair, Effective and Meaningful Justice
New York / The Hague, 8 July 2011 - States should maintain their financial commitment to the International Criminal Court (ICC) - the first and only permanent international court capable of trying perpetrators of genocide, crimes against humanity and war crimes - the Coalition for the International Criminal Court said today.
In a public letter sent prior to the publication of the Court's 2012 budget proposal, the Coalition urges ICC states parties to support the adequate funding for the ICC in 2012 at a time when crucial Court activities are increasing. The Coalition is very distressed by reports that some states parties are once again demanding "zero growth" budgets despite the obvious needs for adequate ICC funding in 2012, including core resources for its new investigation in Libya, current judicial proceedings, related outreach and implementation of victims' rights.
"The current budget stand-off threatens to undermine the ICC's ability to deliver justice in a robust fashion in existing situations under investigation, and limit the court's ability to respond to new situations as they arise," said William R. Pace, Convenor of the Coalition.
"We are seriously concerned that governments, including members of the UN Security Council, have on one hand increasingly engaged the Court as a major actor in peace and security management, for example in referring a situation like Libya, and on the other hand are ready to make decisions that could undermine the Court's ability to deliver meaningful justice," Pace said. "Not more than a year ago at the review conference, those same States advocating today for zero growth had publicly recognized the importance of outreach to give effect to the Court's unique mandate towards victims," he added.
NGOs are aware that as a result of pressure caused by zero-growth budgets in recent years, the ICC is currently overstretched in a number of areas. Additional costs are expected to arise in 2012 - from the ICC's expanding workload in Libya, a possible new investigation in Cote d'Ivoire, existing caseload, inflationary costs as well as the rent on the interim premises - which cannot be absorbed in the ICC's existing budget.
"It is unrealistic to expect the ICC to grow in response to the demands of the international community and at the same time demand that the associated spending be absorbed without degrading the quality of the Court's work," stated Jonathan O'Donohue, Legal Adviser for Amnesty International's International Justice Project and leader of the Coalition's Team of NGOs on Budget and Finance.
"Criminal investigations, prosecutions and trials cannot be conducted effectively unless they are supported through field presence, witness protection, legal aid, outreach and victim participation activities," O'Donohue explained." We call on states to ensure that the 2012 ICC budget is adequate to have a meaningful impact among affected communities," he added.
While NGOs acknowledge the severe financial constraints that most states parties are experiencing, they are calling on states to make sure that the ability of the ICC to deliver justice to victims is not compromised.
Now is a key moment in the life of a maturing ICC - a unique international achievement and a promise to the world's peoples. The saving of relatively small amounts of money should not be prioritised over the huge importance of realising the ICC's full potential.
Background: The ICC is expected to publish its budget proposal for 2012 shortly. The document will first of all be considered by the Committee on Budget and Finance (CBF) - the Assembly of States Parties' expert body - which will make recommendations for the Assembly's consideration at its tenth session in December 2011. Last year, the Assembly of States Parties, contrary to the recommendations of the CBF approved a budget of 103,607,900 euros for the ICC in 2011, cutting the Court's request to the same budget allocation for 2010 plus the rate of inflation of The Netherlands (1.3%).
The ICC is the world's first permanent international court to prosecute war crimes, crimes against humanity, and genocide. There are currently 116 ICC states parties. Central to the Court's mandate is the principle of complementarity, which holds that the Court will only intervene if national legal systems are unwilling or unable to investigate and prosecute perpetrators of these crimes.
There are currently six active investigations before the Court: the Central African Republic; the Democratic Republic of the Congo; Darfur, the Sudan; Uganda, Kenya and Libya. The ICC has publicly issued 18 arrest warrants and nine summonses to appear. Three trials are ongoing. The ICC Prosecutor recently requested authorization from Judges to open an investigation in Cote d'Ivoire. His office has also made public that it is examining at least eight situations on four continents, including Afghanistan, Colombia, Georgia, Guinea, Honduras, Republic of Korea, Nigeria and Palestine.
The Coalition for the International Criminal Court is a global network of civil society organizations in 150 countries working in partnership to strengthen international cooperation with the ICC; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide. For more information, visit:
www.coalitionfortheicc.org
To read the letter, visit:
http://www.coalitionfortheicc.org/documents/CICC_Letter_on_the_2012_ICC_Budget_-_6_July_2011.pdf
Experts from human rights organizations members of the Coalition are available for background information and comment. List of experts available upon request to:
maillet@coalitionfortheicc.org
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