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National Action Plan for CICC Members in Advance of the Review Conferenceخطة العمل الوطنية لأعضاء تحالف المحكمة الجنائية الدولية المسبقة للمؤتمر الاستعراضي
The CICC Secretariat has devised a plan of action in advance of the 2010 ICC Review
Conference which outlines strategies and actions which we hope our members and partners will undertake. The goal of these actions will be to increase commitment to the Rome Statute and the ICC and to ensure that the advances at the Review Conference are concrete and long-lasting, so as to contribute to our goal of strengthening this crucial international justice institution. Within the plan, we have included a link to a number of advocacy and background documents relating to the Review Conference which may be helpful to you in carrying out the suggested strategies. We hope you will join us in these collaborative efforts to ensure a useful Review Conference and stronger state support and participation in the Rome Statute system.
The Rome Statuteís first Review Conference will be held from 31 May Ė 11 June 2010 in Kampala. The Review Conference is, in many ways, the most prominent, high-level event held in relation to the ICC since the 1998 Rome Conference. Coalition members are deeply engaged in the issues before the Review Conference and will no doubt have an important impact on proceedings there. In addition, the Coalition has been engaged in a series of important actions in the lead up to the Review Conference to draw attention to the need for states to express their support for the court and by taking concrete steps to ratify and implement the Rome Statute (RS) and the Agreement on Privileges and Immunities of the ICC (APIC). We have already completed a number of actions encouraging states to send a high level delegation to the Review Conference and to ratify the Rome Statute by April 1 in order to become fully functioning states parties with voting rights on June 1, early in the Review Conference. Bangladesh subsequently ratified on 23 March 2010; thus, the Review Conference will be convened with 111 states parties to the Statute.
We also encouraged state parties and non-states parties alike to step up their progress with implementing legislation and ratification of the APIC. Since December, Burkina Faso, The Philippines and Uganda have enacted implementing legislation, Georgia has ratified the APIC and Brazil has submitted APIC ratification to its parliament.
In the remaining two months before the Review Conference, we call on our global members to join us by carrying out advocacy actions at the national level with an aim to achieving additional ratifications of the Rome Statute, the APIC and concrete advances toward implementation. Please see below for specific suggestions.
One concrete way to ensure that States present in Kampala make tangible commitments on the ICC is to encourage them to make pledges. Pledges represent the opportunity for states to reaffirm their commitment to the ICC, by promising, among others: to ratify and/or implement the Rome Statute and the APIC, to work with other states that need technical assistance, to promote universal acceptance of the Court. Specific suggestions and deadlines on pledges are highlighted in the document attached. It is important to note that pledges are not limited to State Parties but can be made by any national government dedicated to furthering the ICC success.
Please contact the CICC coordinator/outreach liaison for your region (contact information at the end of this document) if you have any further suggestions or questions.
Ratification of the Rome Statute
To date, 111 countries have ratified the Rome Statute, including all EU and South American states, as well as a majority of African nations. Even now with the important addition of Bangladesh as a ratifying state, Asia and the Middle East remain underrepresented in the Courtís membership. Globally, a number of countries, including Nepal, Moldova, Ukraine, Indonesia and others, are close to ratifying. With a push, these and other states could ratify in 2010. Others will require external pressure and assistance from civil society and other diplomatic/governmental channels in order to move forward with ratification over the longer term, but preparations for the Review Conference can be used to urge them to take steps forward toward ratification.
Ratification of the Agreement on Privileges and Immunities of the ICC (APIC)
Any states that have not yet ratified the APIC, including states parties to the Rome Statute, will benefit from reminders to ratify the APIC in advance of the Review Conference. The APIC is crucial to ensuring that the Court and its officials are able to carry out their investigations thoroughly and effectively. Thus, all states should ratify the APIC without delay. Non-states parties should be encouraged to ratify both the APIC and the Rome Statute, with the reminder that it is not necessary to ratify the Rome Statute before ratifying the APIC. In fact, in some cases, the APIC ratification may be possible where Rome Statute ratification is not; thus, national members should assess the domestic reality to decide whether to recommend that the state proceed with ratifying the APIC, even if their ratification process for the Rome Statute has not yet been completed.
The Review Conference also provides incentive for states to advance and complete their implementing legislation. At the Review Conference, there will likely be discussions of statesí progress with regards to national implementing legislation as part of the stocktaking exercise. The CICC may distribute assessments of statesí implementation progress, and states who have implemented comprehensive, effective legislation by the conference will serve as leaders in this regard. On the other hand, questions may be raised as to why implementation processes in certain countries have stalled.
As with APIC ratification, initiating or even completing implementing legislation can occur before or simultaneously with ratification of the Rome Statute. Thus, states which are being targeted for ratification in advance of the Review Conference should also be reminded of the importance of implementing complementarity and cooperation legislation.
Public Awareness and Support
The Review Conference is also an opportunity to increase the profile of the ICC and the Rome Statute and to highlight the achievements of the Court to date. Capacity-building materials in which the Review Conference serves as a benchmark in the Courtís history can be prepared and distributed to governments, media outlets, and civil society. In particular, efforts should be made to continue ongoing advocacy in regions where the Court and its activities have been somewhat controversial, particular in MENA and sub-Saharan Africa, highlighting those regionsí contributions to the formation and development of the ICC.
The CICC Secretariat, Steering Committee, and members have embarked on an advocacy campaign to increase support for the Court in light of the upcoming Review Conference by lobbying governments to ratify both the Rome Statute and the APIC, to implement complementarity and cooperation legislation, and to increase public awareness of and support for the ICC worldwide. We have adopted a multifaceted approach which will engage policymakers, the media, civil society, and the public, and will widely disseminate accurate information. In order for these campaigns to be effective in the run-up to the Review Conference, we hope that our global members will draw on their expertise and carry out one or more of the following actions as part of a joined strategy to increase support for the Court:
Please feel free to distribute these materials to relevant press agencies and individuals as part of your efforts. With a concerted effort from all of us, we can greatly increase support for and participation in the Rome Statute system in advance of the Review Conference, resulting in a more successful conference and greater support for international justice across all regions.