We should listen to the demands of the countries of Africa and, with them, find agreed solutions. Because effective international cooperation is crucial to International Criminal Court (ICC) in performing its mandate. That is the message voiced by Foreign Minister Emma Bonino at the 12th Assembly of States Parties (ASP) of the ICC, which today saw its second and last day. In her contribution to the general debate, Minister Bonino reiterated Italy’s full support for the Court in The Hague, with which she invited the entire international community to collaborate more fully.
Listen to the countries of Africa, Bonino tells the ICC Assembly
The Assembly of the ICC’s 122 member states was held as the proceedings against the President of Kenya, Uhuru Kenyatta, and his deputy, William Ruto, continue to create tensions between the court and many African states. States which, as a protest, have asked the United Nations Security Council to suspend the proceedings for 12 months in application of Article 16 of the Statute of Rome. The ASP itself devoted an ad hoc session to the “Indictment of sitting Heads of State and Government and its consequences on peace, stability and reconciliation”.
Today, speaking on the second day of discussions, Minister Bonino noted the need to find a solution with the African countries. “The International Criminal Court needs Africa, just as Africa needs the Court to ensure that those responsible for crimes of the utmost gravity committed in that continent are brought to justice. We must not underestimate the demands of the African Union. We must be, and we are, willing to listen, discuss and find solutions to retain the confidence of the African states”, explained the head of Italian diplomacy. She did not mention the Kenyan case directly but underscored that “effective international cooperation is crucial to the Court in fulfilling its mandate”.
Italy fully supports the Court in The Hague, declares the Minister
Minister Bonino reiterated Italy’s “full support” for international justice and invited the international community to provide the ICC with “more collaboration, more financial resources and, about all, political support”. Support, she underscored, that “should not be blind to problems and to areas in which the Court must improve”. The foreign minister’s words confirmed an approach taken by the Italian government since the ICC was set up in 1998 with the Statute of Rome.
Italy has always been a leading country in upholding the principle of the rule of law and rejecting impunity for international crimes. And we have always given our unconditional support to the Court and its work. During the 2010 Kampala Conference (which reviewed the Rome Statute by introducing a definition of the crime of aggression with respect to which the Court could exercise jurisdiction) Italy also made three public commitments. One was to create, in the Justice Ministry, an office for the enforcement of arrest warrants and judicial cooperation with the ICC. The second was to set up a permanent contact point with the Court in the Foreign Ministry’s legal department. And the third was to raise awareness of international criminal law and of the International Criminal Court through conferences, workshops and seminars. For 2014, moreover, Italy has earmarked 8,843,714 euros for the Court, an increase of 900,000 euros on its contribution for 2013.
International Criminal Court set up by Statute of Rome in 1998
The International Criminal Court is the only permanent international court that can judge the perpetrators of the most serious crimes of concern to the international community. It was set up in 1998, at the end of the Rome Diplomatic Conference, through the adoption of the Rome Statute, which entered into force on 1 July 2002. Italy ratified the Statute on 12 July 1999. The ICC has jurisdiction over the crimes of genocide, crimes against humanity, war crimes and aggression.
Its jurisdiction is complementary to that of national courts, in that its can be exercised only when national systems are unwilling or unable to conduct the investigations or hold the trial. The Court’s jurisdiction is not universal: it cannot, therefore, proceed against the citizens of states who have not signed the Statute or with respect to situations that occur on their territory, unless they give their consent.
Bonino meets OPAC director after her address to Assembly of ICC States Parties
At the 12th Assembly of States Parties, participants adopted the annual budget for 2014. Other issues discussed included: the impact of the Rome Statute system on victims and the communities affected by crimes; member states’ cooperation with the ICC; and the complementarity of States Parties’ jurisdiction and that of the Court.
Two side events co-sponsored by Italy have also been organised. They are “Accountability in Syria”, scheduled for 22 November and organised by Human Rights Watch and No Peace Without Justice, and “Complementarity and Libya”, scheduled for 26 November and organised by No Peace Without Justice
During her mission to The Hague, Emma Bonino, one of 7 ministers expected to attend, also met Ahmet Uzumcu, Director General of the Organisation for the Prohibition of Chemical Weapons (OPAC), which won the Nobel Peace Prize for 2013. A key topic for their meeting, which took place at the OPAC headquarters, was the method to adopt for the destruction of Syria’s chemical weapons.