International Criminal Court Issues

International Criminal Court in 2013

United States views on international law [1] in relation to International Criminal Court: On April 10, 2013, Erin Pelton, Spokesperson for the U.S. Mission to the UN, issued a statement regarding a UN General Assembly Thematic Debate on the Role of International Criminal Justice in Reconciliation. The United States and several other states boycotted the debate. Ms. Pelton's statement, below, is available at (link resource) usun.state.gov/briefing/statements/207244.htm.

Some Aspects of International Criminal Court

The United States strongly disagrees with the decision of the President of the General Assembly to hold an unbalanced, inflammatory thematic debate today on the role of international criminal justice in reconciliation and will not participate. We believe that ad hoc international criminal tribunals and other judicial institutions in Rwanda, the former Yugoslavia, Sierra Leone, and Cambodia have been critical to ending impunity and helping these countries chart a new, more positive future. We regret in particular that the way today's thematic debate and the related panel discussion are structured fail to provide the victims of these atrocities an appropriate voice. Today's session is a missed opportunity to strengthen the global system of accountability for those most responsible for atrocities, an important priority of the United States. Holding accountable those responsible for such acts through impartial and independent trials reinforces the rule of law, deters future criminal activity, and reinforces human rights law and international humanitarian law norms. Accountability is also an important component of a holistic transitional justice agenda, which supports long-term peace and reconciliation in countries emerging from armed conflict with legacies of large scale abuse. While we have made progress in these areas, much work remains. The United States will not rest until those responsible for perpetrating mass atrocities face justice and those who would commit such crimes know they will never enjoy impunity.

Developments

On June 12, 2013, Ambassador DeLaurentis delivered remarks at a Security Council briefing on the International Criminal Tribunals for the Former Yugoslavia and Rwanda (“ICTY/ICTR”). Ambassador De Laurentis's remarks are excerpted below and available at (link resource) usun.state.gov/briefing/statements/210590.htm.

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The prevention of mass atrocities and genocide is both a core national security interest and a moral responsibility of the United States. The prosecution of perpetrators of heinous crimes is essential, not only for the sake of justice and accountability, but also to facilitate transitions from conflict to stability and to deter those who would commit atrocity crimes. Thus, the United States has strongly supported the work of International Criminal Tribunals for the Former Yugoslavia and Rwanda since they began to fulfill dual goals of justice and prevention. In the 20 years since the Security Council established the ICTY, the Tribunal has made a significant contribution to international justice. The body of work of both the ICTY and the ICTR—established a year later—reflects the bedrock principle of providing fair trials for the accused and the opportunity for every defendant to have his day in Court. This has been a hallmark of international justice since the Nuremberg trials and remains critical to advancing the rule of law internationally.

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While no system of justice is perfect, the United States has always respected the rulings of the ICTY and ICTR and celebrates the progress that both Tribunals have made toward completing their work. Only three ICTY trials are expected to continue past the end of this year, all of which are for the late-arrested accused. We look forward to the July 1st opening in The Hague of the branch of the Mechanism for International Criminal Tribunals that will handle any ICTY appeals after this month. The Arusha branch of the MICT has been open for almost a year and has taken some consequential steps, including ordering the transfers of three high-level accused to the courts of Rwanda when they are apprehended. We appreciate the considerable work by both Tribunals to share resources with the MICT to reduce costs. We look forward to further measures to streamline operations while maintaining the highest standards of justice. At the same time, we recognize that budgets for the next few years must support new premises for the MICT Arusha branch, archives for both Tribunals, accommodations for victims and witnesses, outreach activities focusing on reconciliation, and judicial proceedings which may arise. As a measure of our support to the ICTR and the countries of the Great Lakes, and as Judge Marron and Prosecutor Jallow graciously noted, the United States recently announced an expansion of our reward program for fugitives. Under the War Crimes Rewards Program, the United States now offers rewards of up to $5 million for information leading to the arrest, transfer, or conviction of the nine ICTR fugitives as well as designated foreign nationals accused of crimes against humanity, genocide, or war crimes by any international, mixed, or hybrid criminal tribunal. The list of Rewards subjects now includes Joseph Kony, two other leaders of the Lord's Resistance Army, and Sylvestre Muducumura, sought by the International Criminal Court for crimes allegedly committed in the DRC.

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We also note the importance of resolving the issue of the relocation of acquitted and released persons in Tanzania and, to this end, welcome the ICTR's new Strategic Plan. Mr. President, what we have supported in the past twenty years is a system of justice that aims to hold accountable those responsible for some of the most monstrous crimes known to humankind and prevent them from recurring. The tribunals continue to play an indispensable role in establishing global respect for the rule of law. And the United States' commitment to working with the international community toward peace and justice remains steadfast.

On October 14, 2013, William P. Pope, Senior Advisor for the U.S. Mission to the UN, delivered remarks on the report of the ICTY, ICTR, and Residual Mechanism for International Criminal Tribunals (“MICT”) in New York. His remarks are excerpted below and available in full at (link resource) usun.state.gov/briefing/statements/215558.htm.

International Criminal Court in 2013 (Continuation)

United States views on international law [1] in relation to International Criminal Court: This year marks the 20th anniversaries of the creation of the ICTY, and, subsequently, the ICTR. As we all recall, these tribunals were set up in response to the horrors committed in Rwanda and Yugoslavia in the 1990s, when the slaughter of hundreds of thousands led to a wave of international revulsion and to cries for justice. The ICTR and ICTY were founded on the idea that those responsible for mass atrocities, no matter what rank or official position, must be brought to justice. Once the ICTY and ICTR were fully up and running, they began thoroughly addressing serious issues of international justice. Today the two courts have tried more than 200 defendants accused of heinous crimes, including top military and political leaders. The tribunals have operated on the principles of fairness, impartiality, and independence. They have also built up a robust body of international humanitarian law. With the historic work of the tribunals now nearing completion, the United States heartily commends the efforts of both tribunal Presidents to enact cost-saving managerial and administrative measures, and to transfer the remaining functions of the tribunals to the Mechanism for International Criminal Tribunals, MICT. At the same time, we recognize that the exact closure dates will depend on the completion of ongoing and soon-to-begin trials and appeals. Turning to the ICTY, we note that it continues to focus on the completion of all trials and appeals, rendering 13 trial, appellate and contempt judgments between August 2012 and July 2013. We are pleased that the Hague branch of the MICT began operating in July 2013. We also salute the continuing work of the ICTY to build capacity amongst judges, prosecutors and defense counsel in the former Yugoslavia. The United States urges all governments in the region to continue to work towards reconciliation, avoiding statements that inflame tensions, and to continue to bring war criminals to justice in local courts. Regarding the ICTR, we note with satisfaction that the tribunal has wrapped up its workload of trials and continues completing appeals, hopefully by 2015. The MICT in Arusha opened in 2012 and is operating smoothly. The United States urges regional governments to work with the tribunal on the relocation of several persons who have served their sentences but are unable to return to Rwanda. We call upon all states to cooperate with the ICTR in apprehending all remaining fugitives and bringing these accused mass murderers to trial. The United States remains committed to working with the United Nations and the international community to help protect populations from mass atrocities, through tribunals and all other institutions and initiatives at our disposal.

Resources

Notes

1. International Criminal Court in the Digest of United States Practice in International Law

Resources

Notes

1. International Criminal Court in the Digest of United States Practice in International Law