The Justice Initiative Calls on States to Step Up Efforts to Support ICC Investigations
NEW YORK—As part of ongoing discussions led by an expert review panel on how to make the International Criminal Court (ICC) more efficient and effective, the Justice Initiative calls on states to do more to push for multilateral bodies to spur greater cooperation with the ICC. Such multilateral bodies include the ICC’s Assembly of States Parties, the UN Security Council, the UN General Assembly, and the Human Rights Council, among others.
A new Justice Initiative briefing paper concludes that when states act through multilateral institutions to help build political support for the ICC, over time, this could provide the ICC with increased cooperation and greater protection from political attacks. Examples of such shows of support include the adoption of resolutions in support of opening ICC investigations, calling explicitly for cooperation with the tribunal, or vesting peace-keeping missions with a mandate to arrest ICC fugitives. However, the paper shows that states, including those who are parties to the ICC, have failed to engage in this type of backing with consistency. The ICC’s Assembly of States Parties, the UN Security Council, and the Human Rights Council, which are among the best-placed multilateral bodies to call for cooperation in ICC situations, have often missed opportunities to call for cooperation with the ICC or have done so in an inconsistent manner.
“New ICC investigations spanning Georgia, Burundi, Myanmar and Bangladesh, Afghanistan, Palestine, and the Philippines situations, as well as potential investigations in Ukraine and Nigeria, will be a test of its ability to carry out politically challenging investigations. Without law enforcement capacity, the ICC will rely fully on states, inter-governmental organizations, and other actors to enforce its mandate,” said Mariana Pena, a senior legal officer with the Open Society Justice Initiative. “The future of international justice for grave crimes will be in part determined by states’ willingness to throw their political support behind the ICC in multilateral forums.”
The Justice Initiative calls on support from multilateral institutions to be central to the Independent Expert Review discussions taking place this year. Established under a 2019 Assembly of State Parties resolution, experts conducting the review were tasked with carrying out an independent assessment of the entire Rome Statute system to identify problems facing the ICC. They have developed actionable recommendations to strengthen the ICC and the Rome Statute system, which the ICC and states parties are now working to implement.
