Coalition for the International Criminal Court Africa Update · Coalition for the International Criminal Court October 2010 Issue 14 Africa Update Inside: Message from CICC ... the

Coalition for the International Criminal Court

October 2010 Issue 14

Africa Update

Inside:

Message from CICC

Africa Coordinator 2

Seychelles Joins the ICC

Amid AU-ICC Tension 2

ICC Review Conference:

CICC Members’ Reaction 3

Interview with

Victor Ochen 4

Interview with Lilly

Apio Odongkara 5

What the Potential

Lubanga Release Means

on the Ground

6

Schedule of Events 7

The International Criminal Court (ICC) issued two warrants of arrest for President Omar Al-Bashir: one, on 4 March 2009, on charges of crimes against humanity and war crimes, and another, on 12 July 2010, on charges of genocide. It was hoped that states parties to the Rome Statute would cooperate with the Court in executing his arrest and eventual surrender to The Hague. However, the issue of cooperation with regard to arrest-ing Al-Bashir has been fraught with challenges and controversies fol-lowing the last two African Union (AU) summits in Sirte, Libya, and Kampala, Uganda, which adopted non-cooperation resolutions.

More recently, Chad and Kenya, both ICC states parties, not only invited President Al-Bashir onto their territories, but more impor-tantly refused to arrest and sur-render him to the ICC despite their legal obligation to cooperate with the Court.

Chad and Kenya Host Fugitive Al-Bashir

On 21 July 2010, President Al-Bashir arrived in Chad to take

part in a meeting for heads of state of the Community of Sahel-Saharan States (CEN-SAD). In-stead of arresting him upon his arrival, Chadian officials received him at the airport on a red carpet.

Chad defended its refusal to arrest President Al-Bashir by declaring that it was “under no obligation to arrest him.” Abderaman Djasna-baille, Chad Minister of Human Rights, reportedly stated that the UN Security Council must first approve the arrest warrants through the adoption of a resolu-tion before they can be executed.

In addition, it is noteworthy to mention that Chad’s refusal to arrest the Sudanese President re-flects recent attempts from both countries to normalize their tu-multuous relationship. The fact that Chad and Sudan are neighboring countries and have both been affected by the conflict in Darfur may also be a reason for this diplomatic shift; however, some critics believe that the latest presidential elections in Sudan and the upcoming elections in Chad were significant factors as well.

Similarly, on 27 August, Al-Bashir attended the promulgation of Kenya’s new Constitution in Nairobi. Interestingly, his visit was reportedly kept under wraps within the coalition government by members of the Party of Na-tional Unity (PNU) to the extent that even Prime Minister Raila Odinga of the co-ruling Orange Democratic Movement (ODM) party was unaware of the Suda-nese President’s visit.

The Kenyan government justified its refusal to arrest Al-Bashir in the interest of the peace process in Sudan, declaring that it “has a legitimate and strategic interest in ensuring peace and stability in the sub-region and promoting peace, justice and reconciliation in the Sudan.” However, the govern-ment’s present position violates national law implementing the Rome Statute into domestic legisla-tion, including the obligation to arrest wanted persons, and contra-dicts the 2006 Aide Memoire on Kenya’s Candidature to the Human Rights Council, which outlines Kenya’s commitment to the fight against impunity and to uphold human rights. Furthermore, while Kenya has a stake in the peace process, Prime Minister Odinga believes this was not reason enough to invite President Al-Bashir. “It was wrong to invite President [Al]-Bashir because he was indicted on crimes against humanity—as much as we want to foster good neighbor-liness with countries in the region,” he declared.

African Civil Society Reacts

Civil society in Chad mobilized immediately in opposition to Al-Bashir’s visit when reports sur-faced that he was on his way to attend the Sahel-Saharan Summit in N’Djamena. The Collective of Associations for Human Rights

African Civil Society Stands Up for Justice

Together for justice

Sudanese Refugees at Iridimi Camp, Eastern Chad.

Credit: UN Photo/Eskinder Debebe

For inquiries or comments on Africa Update, send an email to:

[email protected]

Contacts 8

Continue on page 3

LATEST UPDATE

22 September 2010: Gabon acceded to the Agreement on the Privileges and Immunities of the ICC (APIC).

10 August 2010: Seychelles ratified the Rome Statute of the ICC

[Seychelles’]

decision to

become a state

party

demonstrates

that there are

still a number of

African countries

moving forward

to join the Court

Page 2 Africa Update Coalition for the ICC

Seychelles Joins the ICC Amid AU-ICC Tension

Letter from Africa Coordinator

The 15th Summit of the African Union (AU) held in Kampala, Uganda, from 19 to 27 July 2010, concluded on a sour note with the adoption of anti-ICC decisions further under-mining the work of the ICC on the continent.

The AU Executive Council expressed its disap-pointment that “the UN Security Council (UNSC) did not defer the proceedings initiated against President Omar Hassan [A]l-Bashir of the Republic of Sudan in accordance with Arti-cle 16 of the Rome Statute,” and reiterated its refusal to cooperate with the arrest and surren-der of the Sudanese president. In addition, the AU decided to “reject, for now, the request by the ICC to open a Liaison Office to the AU in Addis Ababa, Ethiopia.”

In the meantime, Chad, an ICC state party, shamelessly invited President Al-Bashir to the 22 July meeting of the Community of Sahel-Saharan States (CEN-SAD) and publicly re-fused to arrest him on its territory, disregard-ing its obligations under the ICC Rome Stat-ute. Chad’s precedent of non-compliance and

undermining the Court was followed on 27 August by the Republic of Kenya—another ICC state party—hosting President Al-Bashir for its Constitution promulgation ceremony.

Such actions prompted civil society organiza-tions throughout Africa—along with the Coa-lition for the ICC—to firmly condemn the AU’s refusal to cooperate with the Court in the case of The Prosecutor vs. Omar Al-Bashir, as well as Chad’s and Kenya’s violations of their legal obligations to the ICC.

On a positive note, AU members are not neces-sarily unified with regard to ICC issues, and several African states made pledges of support for the ICC during the Review Conference of the ICC Rome Statute held in Kampala, Uganda, from 31 May to 11 June 2010. Tanza-nia, Zambia and Burkina Faso pledged to ratify the Agreement on Privileges and Immunities of the Court (APIC). Tanzania also announced that the draft implementation law would be submitted to its Parliament for review.

Botswana, an African state party to the ICC, publicly stood against the AU decision not to cooperate with the Court, and warned that President Al-Bashir would be arrested should he decide to go on its soil.

On 10 August 2010, Seychelles—an AU mem-ber—ratified the ICC Rome Statute, raising the number of African states parties to 31 – a bold and welcome move considering the AU’s current anti-ICC movement.

Such positive developments should not be underestimated or overshadowed by negative stances from some African leaders. They dem-onstrate that the AU position is not homogene-ous and that often, dissenting voices in support of the Court are expressed through actions.

We are urging African states that have not done so yet to follow Seychelles’ steps to join the Rome Statute. Furthermore, we call on all African states parties to reinforce their voices in support of the Court’s objective to end impunity for the gravest crimes.

When Seychelles joined the ICC on 10 August 2010 by ratifying the Rome Statute of the ICC, it did so in the context of a tense relationship between the African Union (AU)—of which Sey-chelles is a member state—and the ICC. In late July, the heads of state at the 15th AU Assembly approved a decision reiterating their decision not to cooperate with the ICC in the arrest and surrender of Omar Al-Bashir

Seychelles’ ratification of the Rome Statute is a welcome development amid AU-ICC tensions. Its decision to join the Court demonstrates that there are still a number of African countries moving forward to join the Court and its objective to fight impunity despite the climate within the AU. The fact that Africa is still the most represented region at the Court with 31 states parties shows that African states are committed

to put an end to impunity in their continent. It is hoped that more African countries will soon follow Seychelles’ steps.

Governments and civil society alike congratulated Seychelles for joining the Court.

EU High Representative for For-eign Affairs and Security Policy, Catherine Ashton, declared being “delighted” to learn about Sey-chelles’ ratification.

Parliamentarians for Global Action, a CICC Steering Committee mem-ber that worked with parliamen-tarians and government officials toward Seychelles’ ratification, noted that Seychelles was the first African state to join the ICC since the issuance of arrest warrants for Sudanese President Al-Bashir.

Mr. Bernard Georges, a parlia-mentarian from Seychelles’ lead-

ing opposition party and a PGA member, highlighted the fact that both opposing parties within the Parliament voted for the ratifica-tion. “On 13 July 2010, the entire Parliament voted unanimously in favor of this fundamental treaty that protects the life, well-being and human dignity of victims of the most serious crimes of inter-national concern,” he stated.

Now that Seychelles has ratified the Rome Statute, the government should seize the moment to take the necessary steps leading to the full implementation of the Rome Statute into national law and as well to ratify the Agreement on the Privileges and Immunities of the Court (APIC). By doing so, Sey-chelles would be able to prosecute genocide, crimes against humanity and war crimes at the national level and facilitate cooperation with the ICC.

Francis Dako, CICC Africa Coordinator

Page 3 Issue 14 Together for justice

Defense—an NGO member of the Chadian Coalition for the ICC—organized a press conference and issued a press release firmly condemn-ing the visit: “The Collective expresses its indignation and firmly condemns the visit of President Al-Bashir. We are calling for the Chad government to arrest Al-Bashir and send him to the ICC, and for the Chad population to hold a demonstration against the arrival of Al-Bashir.”

Blaise Gosngar Doumnguinam, coordinator of the Chadian Coali-tion for the ICC, expressed the frus-tration of Chad’s civil society: “By hosting Al-Bashir in Chad, the gov-ernment violated its obligations to cooperate with the ICC and demon-strated its total lack of consideration for Sudanese refugees on its soil and human rights defenders,” he ex-plained. “In addition, Chad, being the first ICC state party to host fugi-tive Al-Bashir, sets a bad precedent as he will be encouraged to continue defying the ICC.”

Indeed, President Al-Bashir’s visit to Chad in July set a dangerous prece-dent as he travelled to Kenya the

following month to attend the promulgation of Kenya’s new consti-tution, in defiance of the ICC war-rants of arrest.

Although Kenyan NGOs were taken by surprise because of the secrecy surrounding Al-Bashir’s visit, they still managed to mobilize against President Al-Bashir’s attendance by holding press conferences and issu-ing press releases. They condemned the Kenyan government’s action and Al-Bashir’s presence at the cere-mony, considering it as spoiling the “spirit” of the new constitution.

“The presence of President [Al]-Bashir […] could not be more unwel-come, especially at a time when Kenya is celebrating the passage of a new Constitution,” the Kenyan Sec-tion of the International Commission of Jurists (ICJ-Kenya) indicated in its press release. “Taking into account that this Constitution is a result of the reform process initiated following the post poll crisis of 2007-2008 […] it is therefore unacceptable that the Ken-yan government can play host to an indictee of the ICC.”

For its part, Kenyans for Peace, Truth and Justice questioned the willingness of the government to cooperate with the ICC on its inves-tigation in Kenya. “President [Al]-Bashir’s presence at the promulga-tion ceremony was a show of impu-nity […] This development raises concern over our willingness to cooperate with the Court if and when we’re called upon to arrest perpetrators of Kenya’s December 2007 post-election violence.”

The UN Security Council is Alerted

Chad and Kenya’s refusal to arrest President Al-Bashir on their territo-ries despite their obligation to do so as states parties to the Rome Statute has been largely condemned by the international community and led many to question their commitment to end impunity. The day Al-Bashir visited Kenya, ICC Pre-Trial Cham-ber I issued two decisions informing the Security Council of the United Nations and the Assembly of States Parties to the Rome Statute about Omar Al-Bashir’s visits to Kenya and Chad “in order for them to take any measure they may deem appropri-

African Civil Society Stand Up for Justice Continued from page 1

“I was pleased to see how well attended and organized the Review Conference was. In general, I believe States made positive declara-tions in support of the work of the ICC. The first few days focused on victims’ issues, including victims’

protection. I am hoping that in the future the protection of intermediaries and legal represen-tatives will also be included in the discussions, as they are facing the same threats and risks victims are subject to.”

MARIE-EDITH DOUZIMA, COALITION OF THE CENTRAL AFRICAN REPUBLIC FOR THE ICC

“Holding the Review Conference in Kam-pala, Uganda was a positive initiative which brought dele-gates and ICC offi-cials closer to Ugan-dan victims. Despite the African Union’s opposition to the ICC, the high atten-

dance and participation of African NGO and state delegates, particularly those coming from neighboring situation countries, dem-onstrates that the ICC has the strong support of African civil society.”

ROLAND ABENG, CAMEROONIAN COALI-TION FOR THE ICC

“The Review Con-ference was a unique opportunity for NGOs to gather and raise their con-cerns before dele-gates. However, I wish that at the general debate more speech time was allocated to

NGOs. By the time we made our statement in the plenary most delegates had already left the room because our intervention was at the end of the debate session. This to me was a lost opportunity.”

ALINE BINTOU, ACADHOSHA, DEMOCRATIC REPUBLIC OF CONGO

ICC REVIEW CONFERENCE: CICC MEMBERS’ REACTION

ate.” The actions of Chad and Kenya have led to accusations that their legal duty to cooperate has been dismissed in favor of political con-siderations and self-interest.

Botswana, South Africa, Nigeria and Uganda expressly stated that they would be under an obligation to arrest President Al-Bashir should he decide to visit their territory. It is also worth noting that following Al-Bashir’s visit to Nairobi, the Kenyan government concluded an interim agreement on privileges and immu-nities with the Court, a move that some might argue indicates a meas-ure of willingness on the part of the Kenyan authorities to cooperate with the Court as it provides a measure of protection to Court staff and victims and witnesses alike.

With the support of African govern-ments committed to fulfilling their legal obligation under the Rome Statute and the mobilization of Afri-can civil society, the fight against impunity in Africa is still possible and ongoing.

The first Review Conference of the Rome Statute of the ICC took place in Kampala, Uganda, from 31 May to 11 June 2010. ICC states parties, observer states, international organizations, NGOs, and other participants discussed proposed amendments to the Rome Statute and took stock of its impact to date, making the Conference a critical milestone in the evolution of the Rome Statute system. More than 600 Coalition members played a central role in enhancing the dialogue on the Rome system and ensured that the voices of civil society were truly heard through a number of debates, roundtables and other events. For more information, visit: http://coalitionfortheicc.org/?mod=review

Below are some comments from CICC members who participated in the Review Conference.

Page 4 Africa Update

Africa Update sat with Victor Ochen, director of the African Youth Initiative Network (AYINET), an NGO based in Lira, northern Uganda, and a member of the Uganda Coalition for the Inter-national Criminal Court (UCICC). In this interview, Mr. Ochen discusses the Victims Day Football Game which AY-INET co-organized in advance of the Review Conference of the Rome Stat-ute, the controversy surrounding this initiative, and his overall assessment of the Review Conference that took place from 31 May–11 June 2010 in Kam-pala, Uganda.

What is the mandate of your organi-zation?

Victor Ochen (VO): African Youth Initiative Network is an NGO created in 2005 to mobilize and build youth and community participation in pro-moting peace and justice in northern Uganda. We are among the first or-ganizations that started promoting the ICC in the region. We serve as a focal point for the Uganda Coalition for the ICC and we are the host of the Uganda Victims Foundation.

AYINET is the first organization to implement a project of the ICC Trust Fund for Victims in Apungi village, Lira district, Uganda. With the sup-port from the Trust Fund (TFV), AYINET has implemented projects to support the rehabilitation of war vic-tims and the resettlement of affected communities. Since 2007, we have facilitated general and reconstructive plastic surgery to hundreds of victims of mutilation, torture, gun shots with retained bullets and fragments, rape and disease.

We have helped hundreds of orphans from child-headed families, widows, and men; we have initiated sustainable agricultural projects; and we have provided poultry, livestock, and mi-crocredit schemes. The projects have helped hundreds of vulnerable or-phans to return to school and resettle in their original home lands. The traumatized communities have been mobilized and supported to rebuild their communal societies through infrastructural projects such as creat-ing access roads, repairing water sources, restoring marketplaces, and through artistic means including re-establishing social services like tradi-tional dances, dramatic performances and events to promote their psychoso-

cial well-being and maximize healing.

The first TFV project targeted the village of Abia in the district of Lira. I personally assisted with documenting and interviewing victims and affected communities. At the time, then-TFV Executive Director André Laperierre visited and assessed the impact of the war on victims throughout northern Uganda. The communities were re-sponsive to the outreach initiative as they learned more about justice and the work of the ICC.

In honor of victims, your organization co-organized a football game called War Victims Day Football Game with the participation of UN Secretary-General Ban Ki-Moon, Ugandan President Yoweri Museveni and ASP President Christian Wenaweser, among others. Could you explain how you came up with this idea?

VO: In the months leading up to the ICC Review Conference, HURINET/UCICC, Uganda Victims Foundation and AYINET, with technical support from No Peace Without Justice, coor-dinated several visits of government and ICC delegates to victims’ commu-nities in northern Uganda in an effort to bring officials closer to those affected by the work of the Court.

It was in this context that victims conceived the idea of organizing a soccer game as a public event to high-light their plight. They suggested that a team of victims play against a team of state and NGO delegates. We pro-posed the initiative to UN Secretary-General Ban Ki Moon, Ugandan President Yoweri Museveni and Presi-dent of the Assembly of States Parties, Christian Wenaweser – they all agreed to play as a team against the victims’ team, which included victims from Sudan, the Democratic Republic of Congo, the Central African Republic, Sierra Leone, Afghanistan and Paki-stan.

Our objective for the War Victims Day Football Game was to create global awareness on the predicament of victims of war from around the world, and to offer leaders an opportunity to show solidarity and support. The match preceded the Review Confer-ence; we wanted the delegates to stand together and play shoulder-to-shoulder with victims to bring to their attention the need for victims’ trou-

bles to be prioritized during the Con-ference debates. We also used the Football Game as a way to appeal to world leaders to establish 30 May as the official Day for the Commemora-tion of Victims of World Conflicts. While Ban Ki-Moon agreed with the proposal in principal, he did not make any declaration on the matter. We will follow up with all leaders.

I would say that the War Victims Day Football Game was a great success, especially given that the event was broadcasted live on national TV and was widely covered in the news.

The participation of President Museveni as a player in the football match was seen as controversial by some critics due to his alleged in-volvement in the commission of seri-ous crimes in northern Uganda. Do you share this concern?

VO: Many victims do not deny Presi-dent Museveni’s alleged responsibility for crimes committed by the Ugandan army, the Uganda People Defense Forces (UPDF), during the conflict. However, it is up to the courts to deter-mine whether or not he should be prosecuted. Those who criticize his participation in the soccer game do not necessarily take into account the reality on the ground: victims need assistance and support from the government. Museveni is Uganda’s current presi-dent – we need his cooperation in the interest of victims. I do not think ex-cluding him from the event would have served our cause. The victims I have worked with do not forget the crimes

Participants to the War Vic-

tims Day Football Game.

Credit: CICC

Coalition for the ICC

The War Victims

Day Football

Game was a great

achievement

Interview with Victor Ochen

(l-r): ICC ASP President Chris-

tian Wenaweser, UN Secre-

tary General Ban Ki- Moon

and Ugandan President

Yoweri Museveni at the war

victims day football game.

Credit: CICC

Victor Ochen, director of African

Youth Initiative Network.

Credit: CICC

Continued on page 5

Page 5 Issue 14 Together for justice

people still fear

that Joseph

Kony may come

back because the

LRA continues

mutilating,

maiming and

raping women,

and abducting

children

elsewhere.

Africa Update met with Lilly Apio Odongkara, a social worker and local political leader of the Pader district in northern Uganda, and member of the Ugandan NGO Greater North Women’s Voices for Peace Network. Mrs. Odongkara discussed the impact of the ICC in northern Uganda and her concerns about the outstanding arrest warrant for Joseph Kony, leader of the Ugandan rebel group the Lord’s Resistance Army (LRA).

What is the mandate of your organiza-tion?

Lilly Apio Odongkara (LAO): Greater North Women’s Voices for Peace Net-work is an organization working at the grassroots level to mobilize women and to inform them of their rights to demand justice and accountability

from our leaders. We are an NGO member of the Women’s Initiative for Gender Justice, which gives us more visibility and offers us the opportunity to be heard at the international level.

In your opinion, what is the impact of the International Criminal Court in northern Uganda?

LAO: There is no question that the ICC arrest warrant for Joseph Kony, the leader of the LRA, has had a clear impact on the ground since Kony fled the country and was willing to come to the negotiation table at some point. The community in general gained hope that the ICC can bring peace. However, some believe that the Court came to bring more conflict within the community because they think that the ICC will not just prosecute the top LRA leaders, but also those children who were formerly abducted, and have returned from war – the returnees. The ICC issue has become politicized with some opposition parties trying to con-vince our communities that the ICC will make sure the children are tried. It is essential that the ICC continue its outreach efforts in northern Uganda so that it can explain its mandate and dissipate any misinformation or mis-conception about its work vis-à-vis the LRA case.

Do you still fear that Joseph Kony may come back?

LAO: Yes, people still fear that Joseph Kony may come back because the LRA continues mutilating, maiming and raping women, and abducting children elsewhere. The LRA has been a major fear in the Great Lakes region. If Joseph Kony cannot be captured in Sudan, the

Democratic Republic of Congo (DRC) or the Central African Republic (CAR), then who will get him? Although there is an arrest warrant for him, he is still at large, so people in northern Uganda feel that he may decide to come back here at some point. Our children who were abducted by the LRA explained to us that Sudan supports Kony by providing him with weapons and food. He did not get to the DRC and the CAR by miracle. So while he is at large, there is no guar-antee that he will not come back.

Do you support the establishment of the War Crimes Division of the Ugan-dan High Court to prosecute those that the ICC will not be targeting?

LAO: In northern Uganda, we believe that this special court brings hope that the rest of those who committed crimes during the conflict will be held account-able for what they did. What victims want is to see the top LRA leaders prosecuted by the ICC. The other per-petrators can face justice in Uganda.

Lilly Apio Odongkara, member of the Greater North

Women’s Voices for Peace Network. Credit: CICC.

that were committed and they de-mand justice; until then, they have to be able to live a normal life. As part of the effort to promote recon-ciliation, those who committed crimes should be held accountable and should acknowledge what they did so that victims can move for-ward with their lives. The feedback from a number of victims and the

affected communities on the lead-ers’ participation in the game was very positive; some victims feel they have reconciled with the govern-ment but still demand justice.

What is your assessment of the Review Conference, particularly on victims’ issues?

VO: I think the Review Conference

was very successful overall, from the delegates’ visits prior to the Review Conference to the dialogues with the victims and affected communi-ties. As a consequence, many vic-tims’ opinions of the ICC changed to a positive outlook. We are glad to see that the topic of victims’ issues was taken into consideration during the debates of the Review Confer-

Interview with Victor Ochen Continued from page 4

Woman speaking at a village

meetings as part of an ICC Out-

reach mission in Laroo sub-

county, Gulu district, Northern

Uganda. Credit: ICC-CPI.

Interview with Lilly Apio Odongkara

ence as it was the first to be tabled. States unanimously committed to greater protection of victims, in-cluding promoting victims’ issues and contributing to the Trust Fund for Victims. These are positive de-velopments and we encourage the Court to continue its outreach ef-forts towards victims and affected communities in northern Uganda.

that the intermediary’s protection was ensured, the prosecution refused to allow “Intermediary 143” to be cross-examined by the Defense until further protective measures were provided. As a consequence, Trial Chamber I con-cluded that “the fair trial of the accused is no longer possible due to non-implementation of the Chamber’s orders by the Prosecution.”

Trial Chamber I then stayed the pro-ceedings and ordered the release of Thomas Lubanga arguing that he can-not be “held in preventive custody on a speculative basis.” The prosecution appealed and Lubanga remains in de-tention until the ICC Appeals Chamber makes a final decision as to whether or not Lubanga will be released.

The DRC National Coalition for the ICC recently conducted an outreach mission in Bunia, Ituri District, in the eastern DRC, to discuss the Lubanga trial with victims and affected commu-nities. The latest decisions by the Court were either criticized or applauded depending on which group or commu-nity was being interviewed.

Many victims and affected communi-ties were confused and disappointed by the Court’s decisions to suspend the trial and release Lubanga. They do not understand why the prosecution has encountered so many challenges to prove Lubanga’s guilt. They believe there is overwhelming evidence of the crimes allegedly perpetrated by Lubanga and the UPC in Ituri.

In addition, they are increasingly losing hope of being compensated for the crimes they suffered since reparations can only be awarded once the accused is found guilty. Most importantly, they fear for their own safety: the prospect of Lubanga returning to Ituri leads them to consider fleeing the region.

“The potential release of Lubanga does not honor the memory of the thousands of victims but represents a threat to the life of those who survived the atrocities committed in Ituri,” explained a victim from this region who asked to remain anonymous. “Fleeing the region may be the only solution if he ends up coming back here,” she added.

On the other hand, members of the Hema tribe – Lubanga’s ethnic com-munity – welcomed the Court’s deci-sions and claimed that “justice pre-

Thomas Lubanga Dyilo, Congolese leader of the rebel group Union of Congolese Patriots (UPC), is currently on trial at the ICC. He is accused of enlisting and conscripting children under the age of fifteen and using them to participate actively in hostilities in Ituri. His trial is being closely followed in the Democratic Republic of Congo (DRC) and abroad; it is considered a landmark trial not only because it is the ICC’s first trial, but also because it marks the first time victims have par-ticipated in an international criminal trial. In addition, the Lubanga trial has helped increase awareness of the plight of child soldiers in armed conflicts.

However, the case against Lubanga– whose trial opened on 29 January 2009–has now been suspended for the second time due to procedural issues.

In June 2008, the Lubanga proceedings were suspended because the prosecution had failed to disclose potentially exculpa-tory materials. Similarly, on 8 July 2010, ICC Trial Chamber I decided to suspend the trial because the prosecution refused to disclose to Thomas Lubanga’s defense the identity of an OTP intermediary (“Intermediary 143”).

Some defense witnesses accused “Intermediary 143” of having bribed or coached witnesses to claim that they were former child soldiers in the UPC. The prosecution argued that their non-disclosure was based on concern for the security of the intermediary. De-spite an order from the judges ruling

What the Potential Release of Lubanga Means on the Ground

Page 6 Africa Update Coalition for the ICC

By André Kito, coordinator of the DRC National Coalition for the ICC

vailed.” With news of Lubanga’s poten-tial release, many members of his eth-nic community (where he is considered a hero) are impatiently awaiting his return. In their opinion, the judges demonstrated their independence from the ICC Office of the Prosecutor, and from politics. Furthermore, according to them, the procedural challenges the prosecution encountered show that Lubanga should have never faced trial in the first place.

“We encourage ICC judges to remain impartial,” a leader of the Hema ethnic group declared. “We are convinced that Thomas Lubanga will be freed and return home,” he concluded.

The rest of the communities in the region that are not linked to the trial are suspicious of the Court. After ob-serving the various challenges and delays in the Lubanga trial, they are questioning the capacity of the ICC to bring justice to the victims of Ituri, and its preventive role in the region.

“Releasing Lubanga would be a form of encouragement for the commission of new atrocities,” a Bunia resident indi-cated. “How can we face a potential return of Lubanga with the withdrawal of the MONUSCO (United Nations Stabilization Mission in the Democratic Republic of Congo) from Bunia and the integration of former militia leaders in the national army?” she asked.

In August 2010, the ICC Appeals Chamber allowed victims to express their views and concerns vis-à-vis the decision of Trial Chamber I to release Thomas Lubanga. Victims’ representa-tives indicated that trial judges ordered Lubanga’s release without considering the risks involved. “There is always a risk that Thomas Lubanga can evade the jurisdiction of the Court, especially since he has now become aware of all the evidence against him,” Paolina Massidda, Chief Counsel of the ICC Office of Public Counsel for Victims, explained. “His release, now more than before, seriously endangers the safety of victims and witnesses involved in the case,” she added.

In the end, it is essential that the trial follow its course in due process: Lubanga as a defendant deserves a fair trial and victims deserve a chance to be heard and know the truth. This is the only way for justice to prevail.

Young children salute the MONUSCO in eastern DRC. Tho-

mas Lubanga is currently being tried at the ICC for child

soldiers crimes. Credit: UN Photo/Miriam Asmani

The potential

release of

Lubanga does

not honor the

memory of the

thousands of

victims but

represents a

threat to the

life of those

who survived

the atrocities

committed in

Ituri.

Page 7 Issue 14 Together for justice

Schedule of events 2010

Throughout October: First African Hu-man Rights Summer University. Location: Bukavu, Democratic Republic of Congo. Contact: Acadhosha [email protected]

14 October: Post-ICC Review Conference Workshop. Location: Lagos, Nigeria. Contact: Nigerian Coalition for the ICC [email protected]

OCTOBER

24 October: Post-ICC Review Conference workshop with the Special Court of Sierra Leone & Amnesty International Location: Freetown, Sierra Leone. Contact: Sierra Leone Coalition for the ICC [email protected]

7-9 November: Forum on the participation of NGOs in the 48th ordinary Session of the African Commis-sion on Human and People’s Rights (ACHPR) Loca-tion: Banjul, The Gambia. Contact: ACHPR [email protected]

OCTOBER/NOVEMBER

Throughout November: International Justice Campaign in five secondary schools. Location: Abidjan, Côte d’Ivoire. Contact: Côte d’Ivoire Coalition for the ICC [email protected]

4-5 December: Lawyers Training on the ICC and Victims’ Participation and Representa-tion. Location: Nairobi, Kenya. Contact: Inter-nat iona l Jur i s t Commiss ion-Kenya [email protected]

NOVEMBER/DECEMBER

CI-CPI President Ali Ouattara (second from right) at a

panel discussion on International Justice Day in Abidjan,

Côte d’Ivoire. Credit: CI-CPI

PANEL DISCUSSION ON INTERNATIONAL

JUSTICE DAY

The Côte d’Ivoire National Coalition for the ICC (CI-CPI) cele-

brated International Justice Day (IJD) on 17 July 2010 by organiz-

ing a panel discussion centered on the role of the CI-CPI and the

ICC in contributing to peace in Côte d’Ivoire. Ali Ouattara, the

president of the coalition, gave an opening speech in which he

appealed to the Ivorian authorities to ratify the Rome Statute, as

well as to celebrate IJD by issuing a public statement and organiz-

ing nationwide activities. Participants at the ceremony included

representatives from the Ministry of Justice, the National Commis-

sion on Human Rights, UNOCI, NGOs, religious communities

and journalists. The media widely reported on the activity.

PEOPLES’ SPACE OF THE REVIEW CONFERENCE

The Kenyan Section of the International Commission of Jurists

(ICJ-Kenya), together with the Foundation for Human Rights Ini-

tiatives (FHRI)–a partner organization in Uganda for ICJ-Kenya’s

project titled Eastern Africa International Criminal Justice Initiative

(EAICJI)–set up an exhibition stand at the Peoples’ Space of the

Review Conference, which took place from 31 May to 11 June. The

Peoples’ Space provided an opportunity for different organizations

and participants at the Review Conference to showcase their work

through either exhibition stands or theatrical performances. Both

organizations distributed information on their respective work and

on the progress of the EAICJ Initiative.

James Gondi, Stella Ndirangu and Christine Muthoga from

ICJ-Kenya at its exhibition stand at the Peoples’ Space of the

Review Conference. Credit: ICJ-Kenya

Together for Justice: Civil society in 150 countries advocating for a fair, effective and

independent ICC.

CICC SECRETARIAT CONTACTS

New York Office

Linda Gueye, Senior Communications Officer-Francophone Africa: [email protected]

Stephen Lamony, Africa Outreach Liaison/Situations Advisor: [email protected]

Tania Deigni, Regional Programs Assistant: [email protected]

Brigitte Suhr, Director of Regional Programs: [email protected]

Oriane Maillet, Head of Communications: [email protected]

Peony Trinh, Design Manager: [email protected]

Regional Coordination

Francis Dako, Africa Coordinator (Cotonou, Benin): [email protected]

New York c/o WFM, 708 3rd Avenue, 24th Floor

New York, NY 10017, USA

Telephone: 1-212-687-2863 Fax: 1-212-599-1332

E-mail: [email protected]

The Hague Bezuidenhoutseweg 99a

2594 AC The Hague The Netherlands

Telephone: +31-70-363-4484 Fax: +31-70-364-0259

E-mail: [email protected]

The Coalition for the International Criminal Court is the largest partnership in the world advancing the cause of international justice. Including more than 2,500 civil society or-ganizations from 150 countries, the Coalition is leading the global fight to end genocide, war crimes, and crimes against humanity through a commitment to the core values of human rights and justice.

COALITION FOR THE

INTERNATIONAL CRIMINAL

COURT

Together for Justice

CICC OUTREACH MISSION

Stephen Lamony, CICC Africa Situations Advisor and Out-reach Liaison, participated in the fourth state and NGO dele-gates visit to affected communities in northern Uganda from 3-12 May 2010. During the visit, Mr. Lamony met directly with victims, listening to their concerns and needs and answering questions about the ICC. He also met with the chairman of the Legal and Parliamentary Affairs Committee to inquire on the status of the ICC implementation bill and to press for its prompt enactment. Moreover, Mr. Lamony met with interme-diaries of the ICC and listened to the challenges that they face in helping the Court. At the conclusion of the meeting, Mr. Lamony suggested that local umbrella organizations help inter-mediaries address the challenges they are currently facing.

Stephen Lamony (far right) in discussion with the concerned parents asso-

ciation from Aboke School, in Lira District, Uganda. Credit: CICC

The Coalition is deeply appreciative of the generous support provided by all of our many partners and donors from around the globe. Major funding has been provided by the European Union, the Ford Foundation, Humanity United, the John D. and Catherine T. MacArthur Foun-dation, the Open Society Institute, and the Sigrid Rausing Trust, as well as by the governments of Austria, Belgium, Denmark, Finland, Ire-land, Liechtenstein, Luxembourg, The Netherlands, Norway, Sweden, and Switzerland, and a number of individual donors. Such support is

essential to the Coalition's effort to secure a future in which justice is accessible to all. If you would like more information about how you can join in this effort, please visit our website at www.coalitionfortheicc.org or contact the Coalition’s Development office by phone at +1.646.465.8527 or via email at [email protected].

The contents of this publication are the sole responsibility of the Coalition for the International Criminal Court and can in no way be taken to reflect the views of the European Union, Irish Aid, or any other donor.

Views expressed herein are those of the authors and not necessarily

those of the CICC Secretariat, our members or our funders. Articles

without a byline have been written by the CICC Secretariat.