Overview of the conference:

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) held an international conference entitled: “The Permanent International Criminal Court … Some Debates and Suggestions”, from 9 to 11 May 2002, at Cairo in cooperation with International Institute for Human Rights – DePaul University- Chicago.   

The Conference addressed several issues pertaining to the ICC, including promoting the role of the ICC in international criminal justice, the position of Arab states, European States and the United State of America toward the ICC, the role of the Security Council regarding the ICC, the definition of the crime of aggression, defense before the ICC, the role of NGOs, combating impunity, and some issues and problems that might be raised before the ICC

Professor Cherif Bassiouni, Head of the Drafting Committee of the ICC Statute (Rome 1998) presided over the opening session as well as introductory note of :

 

Mr. Nasser Amin

Secretary General of the ACIJLP

Mr. Amr Mousa

Secretary Of The League Of Arab States (Representative)

Mr. Farouk Abu Essa

Secretary General Of The Arab Lawyers Union

Mr. Sameh Assour

Chairman Of The Egyptian Bar Association

Prof. Cherif Bassiouni

Director of International Institute for Human Rights – DePaul University- Chicago and Head of the Drafting Committee of the ICC Statute (Rome 1998)

  A.Table below shows participated International & Arab Governmental Organizations:

   

         No

Organization

Headquarters

                1

Botswana University

 

                2

Arkansas University

Arkansas -USA

                3

Tunisia Embassy

Cairo

                4

Sudanese

Cairo

                5

Iraqi

Cairo

                6

Kuwaiti

Cairo

                7

Libyan

Cairo

                8

Yemeni

Cairo

                9

Arab League States

Cairo

               10

Cairo University

Cairo

               11

Ford Foundation

Cairo

               12

Egyptian Court of Cassation

Cairo

               13

Egyptian foreign Affairs’ Ministry

Cairo

               14

Public Works Ministry

Kuwait

               15

International Federation for Human Rights

Paris

               16

A delegation from the European Parliament

Brussels

               17

Banha law school

Egypt

               18

International Courts Project

New York University

               19

Halab University

Syria

                20

Damascus University

Syria

               21

No Peace Without Justice

Rome

               22

Amnesty International

London

               23

REDRESS Organization

London

               24

NGOs Coalition for the International Criminal Court

New York

     

Table below shows participated Arab NGOs:

     

No

NGO

Headquarter

1

Arab Center for Education of International Humanitarian Law and Human Rights

Jordan

2

Sudanese Organization for Human Rights

Sudan

3

Sudanese Bar Association

Sudan

4

Strategic Studies center

Kuwait

5

Iraqi Network for Human Rights Education

London

6

Legal Studies & Researches Center

Yemen

7

Tunisian League for Human Rights

Tunisia

8

Human Rights defense Committees

Syria

9

Palestinian Center for Human Rights

Palestine

10

Lebanese Association for Human Rights

Lebanon

11

Arab Lawyers Union

Egypt

12

Egyptian Center for Women’s Rights

Egypt

13

Arab Organization for Human Rights

Egypt

14

Egyptian Organization for Human Rights

Egypt

15

Cairo Institute for Human Rights Studies

Egypt

16

Information and Legal Studies Center

Egypt

17

Human Rights Center for Prisoners Assistance

Egypt

18

The Center for Alternative Development Studies

Egypt

19

Egyptian Bar Association

Egypt

     

Research papers:

     

No

Paper

Writer

1

The International Federation of Defense for Human Rights on the Position of the United States towards the ICC

Professor Ayasha Hamami, representative of the International Federation of Defense for Human Right

2

The Definition of the Crime of Aggression: Challenges Facing the Assembly of States Parties

Mr. Daniel D Ntanda Nsereko

3

Best means to apply Rome Statute to Domestic Legislation

Mr. John Foulana, Internaional Amnesty, France

4

The Role and Powers of the Assembly of States Parties

Ms. Maria Carmen Colitti. Legal Adviser, No Peace Without Justice

5

The ICC Independence: Financial and Administrative Independence, Related Guarantees

Ms. Thordis Ingadottir, USA Legal Counselor, Project on International Courts and Tribunals, New York University

6

The Role of the Security Council And The Attitude of the United States Concerning the ICC

Mr. Nasser Amin, Egypt

Secretary General of the ACIJLP and the Coordinator of the Arab NGO Coalition for the ICC

7

Defense Before the ICC: the role of the defense according to the Statute, ideas about the coming ICC Bar Association

Mr. Kenneth Stuart Gallent, Canada

The International Criminal Defense Attorneys Association

8

Combating Impunity: Questions and Prospects

Ms. Carla Ferstman, Legal Director, REDRESS (UK)

9

The European Perspective And Future Engagements For International Justice

Ms. Emma Bonino, Italy

Member of the European Parliament

10

International Criminal Court and International Humanitarian Law and Human Rights

Mr. Abdel Hussien Sha’ban, Chairman of the Arab Organization for Human Rights, London

11

The Role of the NGO’s in the ICC

Mr. William Pace, Convener or the NGO Coalition for the International Criminal Court (CICC)

     

             Conference Recommendation:

 

As resulting from the conference titled:  The International Criminal Court: Some Debates and Suggestions, attended by a range of international a and Arab Legal and Diplomatic figures, in a addition to a number of Human Rights activists, the attendees put forth and endorsed the following recommendations addressed to the Arab governments—in particular the Egyptian government—in addition to a number of recommendations to the international community concerning the ICC.

Recognizing the importance of the International Criminal Court as a tool to combat impunity throughout the world and acknowledging that an effective court require wide ratification, proper financing, and independence in its functioning.

 1)  On Ratification and International Representation:

 A)  The Position of Arab Countries towards the ICC:

 i) This conference recommends that all Arab states become parties to the Rome Statute in order to contribute to the adequate representations of all principal legal systems in the ICC and an equitable geographic representation in the Assembly of States Parties. In this regard, we calls upon particularly the Egyptian government to ratify the ICC statute as a leading country that will affect the Arab countries attitude towards the ICC.

 ii) This conference calls upon all Arab governments to ratify the Rome Statute as soon as possible. The conference recognizes that some Arab governments will not be able to ratify the Rome Statute before it enters into force and before the ICC Assembly of State Parties commences its work establishing the court.  The conference strongly affirms the principle of complementarily in the Rome Statute and the need for national legal systems to remain primarily responsible for prosecuting crimes against humanity. However, the conference calls upon all Arab states to Express support for the ICC.

 iii) This conference calls upon Arab nations to proceed to adopt national legislation that will allow Arab nations to adjudicate and enforce international humanitarian law at the national level and, where appropriate, to cooperate with the ICC even before the completion of ratification.  This will allow nations also to complement and harmonize lacunae in and between the Rome Statute and national legal principles and policies.

 B)  About the EU and the ICC:

This conference calls upon the countries of the European Union, given their valuable commitment in the process of the formation of the ICC, to continue their efforts in promoting the widest ratification and implementation of the Rome Statute in all regions of the world.

 C) About the USA and the ICC:

This Conference recognizes that the USA’s position towards the ICC is a negative, and incompatible with the advancement of the International Justice. This position weakens the goal of universality of the treaty. The USA renunciation of its signing the treaty threatens to cause numerous other states to do the same.

  2) On the ICC Budget and the Financing of the ICC:

 A) This conference calls on state members to the ASP and other states to donate funds to the Trust Fund for the Establishment of the ICC

 B) This conference calls on member states of the ASP to adopt a sufficient budget to finance the establishment and all of the necessary functions of the Court.

C) This conference calls on state members to the ASP to pay their assessed contributions promptly.

 D) This conference calls on state members to the ASP, international organizations, NGO’s and individuals to donate funds to the Trust Fund for Victims.

 E) This conference calls on the ASP to guarantee the independence of the Prosecutor in the budgetary and administrative process.

 3) On the ICC Institutions and the Diversity of International Representation Therein:

A) This conference calls on the state members to the ASP to establish an independent secretariat of the ASP as soon as possible

 B) This conference calls on judges of the Court to adopt a code of conduct.

 C) This conference calls upon member states to the ASP to guarantee diverse representation in their selection of judges in accordance with Article 36, Paragraph 8(a), which stipulates that selection of judges shall take into account the following:

the representation of the principal legal systems of the world;

equitable geographical representations; and

a fair representation of female and male judges.

D) This conference calls on the Prosecutor and the Registrar to guarantee diverse international representation in their selection of staff, taking into account:

the representation of the principal legal systems of the world;

equitable geographical representations; and

a fair representation of female and male personnel.

 4) On the International Criminal Bar and Defense before the ICC:

 A) This conference recommends that the Independent Bars and non-governmental organizations of Arab Nations be encouraged to attend the Montreal Conference on the Creation of the International Criminal Bar for the ICC, 13-15 June 2002, with a mandate to promote the creation of an International Criminal Bar.

 B) This conference recommends that the Budget of the ICC include adequate funding for defense counsel and defense investigatory services.

C) This conference supports the creation of an Office of the Defense in the Registry, in order to promote the independence of the Defense and the Legal Profession.

 D) This conference supports the independence of the legal profession in the ICC for representatives both of the accused and of the victims.

 5)  On the Crime of Aggression:

 A) This conference is convinced that aggression is the progenitor of all the other most serious crimes of international concern.

 B) This conference notes the need to punish individuals who mastermind the planning and commission of aggression as an effective deterrent against the continued commission of the crime.

 C) This conference welcomes the fact that aggression was included among the crimes within the jurisdiction of the ICC, even though it has not yet been defined.

 D) This conference urges the States Parties to the ICC Statute to reach, at the earliest time possible, a consensus on the definition of the crime of aggression and the conditions for the Courts exercise of jurisdiction over it.

 E) This conference nevertheless cautions that such consensus must not undermine the integrity of the Court as an independent, effective and credible judicial body.

 F) This conference further cautions that although it recognized that the Security Council has a role to play in the prosecution of the crime of aggression, the Council must not be allowed to hold the Court hostage.

 6) On Ending Impunity :

 A) This conference recommends that the ICC ensure that victims’ rights are protected at the Court and that they can participate in safety and dignity.

B) This conference notes the need for the continued pressure for domestic measures to combat impunity, such as investigation and prosecution of alleged perpetrators of serious crimes.

 C) This conference recommends the development and strengthening of the capacity to use the principal of universal jurisdiction to ensure that there are no safe havens for criminals and that no perpetrators escape justice.

 D) This conference urges the States Parties to the ICC Statute to step up efforts to improve the rate of ratification of the ICC Statute in all regions that are currently underrepresented, particularly the Arab states, to ensure that the court fully reflects the widest possible diversity of legal traditions and cultures, and is truly international.

 E) This conference further urges that States Parties to the ICC Statute develop effective laws to cooperate with the Court, which facilitate surrenders to the court and enable the tracing, freezing and seizing of assets of those who are destined for the Court. 

7) On the Role of Non-Governmental Organizations (NGO’s) in the ICC:

 A) This conference calls upon the international community and international NGO’s to continue their strong support for the Rome Statute.

 B) This conference reaffirms the important role of civil society NGO’s around the world and endorses the continuation of the transnational NGO Coalition of the International Criminal Court.

 C) This conference calls upon all states to support the consultative and, as appropriate, the observer status of NGOs and the CICC in the Assembly of State Parties as reflected in the Preparatory Commission report on Rules of Procedure for the Association of States Parties (ASP).

 D) This conference confirms the important role NGO’s must assume for ensuring the effective establishment of the ICC and in referring information on serious violations of international humanitarian law to the ICC.