The impossible happens in Rome
Over a sweltering week in July 1998, global civil society gathers in Rome having successfully urged governments to hold a diplomatic conference to establish an international criminal court. With almost 500 participants, the Coalition brings the largest delegation. Activists play a vital role in information-sharing, legal analysis and advocating for the strongest possible treaty and Court.
To worldwide acclaim, the historic Rome Statute is adopted by an overwhelming majority of 120 countries. The Coalition is credited with ensuring the Court and its prosecutor are independent, strong victims' rights and the inclusion of gender crimes. This is a Court they said would never happen.
During the Rome Diplomatic Conference on the ICC, 15-18 July, the Coalition closely monitors the negotiations, producing daily information for worldwide distribution and facilitating the participation and parallel activities of the more than 200 NGOs which attend.
The Coalition coordinates the input of civil society organization through Issue Teams, that closely follow discussion on particular provisions of the draft statute.
Civil society is credited with some of the most important aspects of the Statute, such as its strong provisions for victim participation, reparations, gender crimes and the independence of the prosecutor. The Steering Committee of the Coalitoin adopts its eleven principles for the Coalition's work at the Rome Conference.
There are several provisions in the Rome Statute of the ICC that many believe owe their existence to the significant efforts and advocacy of civil society. Some of these include:
- Independence of the prosecutor;
- Automatic jurisdiction;
- Explicit references to gender sensitivity in international law;
- The inclusion of war crimes committed within situations of internal armed conflict (law of non-international armed conflict); and
- Rights and protection of victims and witnesses.
The Court is independent of the UN and its Security Council, with an independent prosecutor and independent judges, and no immunity for heads of state or high officials.
The Court is oppposed by the world's major powers.
Every state in the Assembly of States Parties has one vote, with decisions made by 2/3 majority.
After the Rome Conference, from 1998-2002, NGOs worked in teams at each session of the Preparatory Commission from 1998-2002 to follow the negotiations on each issue and provide their expert input.
Universal membership is the goal
After Senegal becomes the first state to ratify the ICC treaty in February 1999, the Coalition launches a campaign from The Hague in May 1999 calling for worldwide ratification of the ICC Rome Statute.
The Coalition is nominated for the Nobel Peace Prize. Three other nominations follow in subsequent years.
The Coalition advocates for universal ratification of the Rome Statute of the ICC as it is a cornerstone objective to making the membership in the ICC truly global and universal. The Coalition believes that in order for the Court to succeed, an increasing majority of the world’s nations must support the Court.
In particular, the Coalition has a Universal Ratification Campaign (URC) which focuses on one country each month, rotating to a different region each time. As part of this major campaign, members in every region are encouraged to redouble efforts in order to ensure universal acceptance of the ICC. Local actions are needed to promote awareness of the International Criminal Court, increase media coverage, urge governments to ratify the Rome Statute, adopt effective implementing legislation, and ratify the Agreement on Privileges and Immunities.
The Coalition also campaigns for implementation of all of the crimes under the Rome Statute into domestic legislation. As the court initiates new investigations, the existence of solid cooperation and implementing legislation has taken on further urgency.
In addition, the Coalition urges States to ratify and implement the Agreement on Privileges and Immunity of the ICC (APIC), designed to provide officials and staff of the ICC with certain privileges and immunities necessary for them to perform their duties in an independent and unconditional manner, and to guarantee that their officials are aware of the actual scope and realities of these privileges and immunities and how to apply them in concrete situations.
Despite expert predictions that it would take decades to realize 60 ratifications, the success of the Coalition’s global ratification campaign indicates that it could be achieved by 2002. The Coalition begins research on “lessons learned” from the ICTY and ICTR.
On 31 December, NGO members in the United States conduct an extensive campaign for President Clinton’s signature of the ICC treaty. On its final day for signature, the United States – along with Iran and Israel – signs the Rome Statute, bringing the total number to 139 signatories (surpassing the CICC campaign goal of 120 signatures, to match the votes in favor of the Rome Statute).
After Andorra's ratification of the ICC treaty marked the halfway point to the 60 ratifications needed for the Rome Statute's entry into force, the Coalition calls for the government of the Netherlands and the Preparatory Commission to dramatically step up efforts to prepare for the ICC, including the establishment of an Advance Team.
The Never Again court arrives
With 60 ratifications in July 2002, the Rome Statute enters into force, decades earlier than predicted thanks to the efforts of global civil society. The ICC sets up its headquarters in a temporary premises in The Hague, the Netherlands.
Now comprising over 1,000 civil society groups, the Coalition endeavours to secure 100 ratifications by 2004.
Coalition members attend a historic ceremony at the UN, in which ten countries simultaneously deposit their instruments of ratification, triggeritng the entry into force of the ICC Statute. The event is the result of close collaboration between the Coalition and the UN. On 1 July 2002, the Coalition hosts a reception to mark the entry into force of the Rome Statute, which is attended by UN Secretary General Kofi Annan.
Shortly after the Rome Statute enters into force, the United States announces to the United Nations its intention not to ratify the Rome Statute. The Coalition organizes intense opposition to US efforts to obtain a Security Council resolution exempting UN peacekeepers from ICC prosecution for a renewable one year period, which is ultimatley adopted on July 12.
In 2003, after the election of the first 18 judges by the Assembly of States Parties in February 2003 in New York, the Coalition participates in the Inauguration of the ICC judges and hosts a Special Convocation with the newly elected judges. The Convenor joins the ICC President and the President of the Assembly of States Parties in a press conference. The next month, the ASP elects Mr. Luis Moreno Ocampo of Argentina as the first Chief Prosecutor of the ICC. He is Sworn in on 16 June 2003 and Coalition members participate in the Swearing in and make presentations at his first public hearing.
Coalition members advocate actively against attempts to undermine the integrity of the Court and help prevent the renewal of Security Council Resolutions 1422/1487 that exempted UN peacekeepers from non-States Parties from ICC prosecution, which is ultimately withdrawn by the United States due to a lack of support.Furthermore, to give more voice to civil society, the Coalition facilitates NGO participation in the Third Session of the Assembly of States Parties, which is held in The Hague for the first time. The Assembly adopts the ICC's budget for 2005 and elects the Deputy Prosecutor for Prosecutions, Ms. Fatou Bensouda of the Gambia.
The Coalition's takes on the facilitation of civil society participation at annual sessions of the Assembly of States Parties, the ICC's governing body - coordinating advocacy, sharing information and hosting events. A role officially recognized by the Assembly. We open a co-headquarters in The Hague.
The ASP is the Court's management oversight and legislative body, and is composed of representatives of the States that have ratified or acceded to the Rome Statute. Read more about the ASP.
In May 2002, the Coalition establishes a co-secretariat in The Hague to closely monitor the Court and facilitate NGO consultations with the ICC and the ASP.
The Assembly of States Parties recognized the role of the Coalition when it adopted a resolution entitled Recognition of the coordinating and facilitating role of the NGO Coalition for the International Criminal Court (ICC-ASP/2/Res.8) during its second session in September 2003.
The Coalition turns 10
Coalition membership now exceeds 2000 organizations from over 150 countries, with expanded networks in Africa, the Americas and the Middle East. Civil society becomes fully engaged with all aspects of the work of the ICC and ASP.
Hands off, USA
As part of a multi-pronged attack on the ICC, the United States seeks "bilateral immunity agreements" with countries around the world in an effort to shield US citizens from ICC jurisdiction. The US withholds aid from ICC member states who do not comply.
Global civil society fights off the campaign that is contrary to the spirit and letter of the Rome Statute. The agreements eventually fall into disuse. Our first victory against political attacks intended to 'kill' the ICC.
Over 600 Coalition members travel to Kampala, Uganda to take part in the first ICC Review Conference. NGOs play a vital role in discussions around proposed amendments to the Rome Statute and take stock of the international justice system's impact.
The Review Conference included a stocktaking exercise to consider the holistic success and impact of the Rome Statute to date. Debates focused on the impact of the Rome Statute on victims and affected communities, complementarity, cooperation, and peace and justice, issues truly central to the system's fair, effective, and independent functioning.
Pledges and Kampala Declaration
During the Review Conference, 112 pledges with the purpose of strengthening the Rome Statute system were made by 37 states parties, as well as the United States and the European Union. In addition, the Conference adopted the Kampala Declaration, reaffirming states’ commitment to the Rome Statute and its full implementation, as well as its universality and integrity. The Review Conference further adopted a resolution on strengthening the enforcement of sentences. In parallel, the ICC signed three agreements, with Belgium, Denmark, and Finland, on the enforcement of sentences. The Coalition and its global membership are committed to work to maintain the momentum with States, the UN, other regional bodies and the Court to ensure commitments made in Kampala result in concrete actions.
Amendments: Crime of Aggression
Following long negotiations, States Parties adopted provisions governing the terms of the Court's ability to investigate and prosecute individuals for the crime of aggression. ICC States Parties agreed upon a jurisdictional regime for the crime of aggression, which provides separate procedures depending on whether the situation was referred by the UN Security Council, or whether it came before the Court through a State referral or upon the ICC Prosecutor's initiative. The Review Conference determined that the activation of jurisdiction is still subject to a positive decision by the ASP which cannot be taken before 1 January 2017 and one year after the ratification or acceptance of the amendments by 30 states parties, whichever is later.
States Parties also agreed not to delete Article 124 - an optional protocol which allows States not to subject their nationals to the Court's prosecutions or investigations over war crimes for a seven year period - but to review it in five years. Second, States accepted to extend the use of certain weapons as war crimes in non-international conflicts.
Pictured here are Coalition Staff meeting with former UN Secretary General Kofi Annan during the Review Conference in Kampala.
Finding the best leaders
We launch a campaign calling on states to nominate and elect the most qualified candidates to official positions at the ICC - including the judges and the prosecutor - and its governing body, the Assembly of States Parties.
The practice of horse-trading of votes in international institutions reduces their efficiency and effectiveness. Unqualified officials are particularly to be avoided in a judicial body such as the ICC.
Since 2003, the Coalition has promoted informed, merit-based decision-making by governments by ensuring that the qualifications and expertise of candidates for ICC/ASP elections are as transparent as possible. The Coalition does not endorse or oppose individual candidates, but advocates for the integrity of the nomination and election procedures. The Coalition also scrutinizes how states parties nominate a candidate for election, and strongly opposes reciprocal political agreements. The Campaign on ICC/ASP Elections helps to raise awareness and publicize elections and nominated candidates by:
- Requesting all candidates to complete questionnaires that provide additional information about their qualifications;
- Holding interviews with candidates;
- Organizing public seminars with available candidates and experts;
- and Hosting public debates between the candidates.