Colegio de Abogados Penal Internacional

NEWSLETTER OF THE
INTERNATIONAL CRIMINAL BAR
APRIL 2010

INCLUDED IN THIS ISSUE:

1. LETTER FROM ICB PRESIDENT LUIS DEL CASTILLO
2. ELECTION RESULTS AND REPORT ON ICB GENERAL
ASSEMBLY MEETING IN BARCELONA ON 13 AND 14 MARCH
3. NOMINATIONS TO FILL POSITIONS ON ICC DISCIPLINARY
BOARDS DUE BY 1 JULY
4. LATEST LEGAL DEVELOPMENTS
5. ASSEMBLY OF STATES PARTIES UPDATE
6. NEWS IN BRIEF
7. NGO REPORTS
8. ICC PUBLICATIONS
9. UPCOMING EVENTS
 1. A MESSAGE FROM LUIS DEL
CASTILLO, THE NEW PRESIDENT OF
THE ICB EXECUTIVE COMMITTEE

Dear ICB members,

From the pages of this newsletter I want to send you my cordial greetings and express my
happiness to work together with you from now on.

Eight years ago the International Criminal Bar was founded. It started as a passionate
project and today is a very important reality in the world of justice.

Some have been here since the beginning, like me, and others are on the way, and will
continue in the struggle not only that ICB continues functioning but to give it greater vitality.

I want to tell you that, as long as my presidency will last, I intend to enable an effective
communication between each other and between all of us with the Executive Committee
and the President. So, we are reprogramming the ICB website, which will contain a special
section in that all members will have access through a password and a username. We will
also be able to consult our ICB colleagues’ data as well. The communication will be more
fluid because of an interactive discussion area that is being created, in which you will be
able to access to a translator.

The website will be operative by the end of April; and the rest of what we are planning to do
will be ready before July. We have also started working on the members list updating; the
previous list was out of time preventing us to know the current situation and the data of
those who integrates ICB.

Another issue I am committing myself to realize, always, with your help, is to invigorate the
purpose for which International Criminal Bar was created.

We will bring our institution to geographical areas in which we are minimally represented,
though, of course, by valuable colleagues and will establish a definition for these areas and
give them the deserved attentions. We will be, in a real way, in Central and South America;
In Maghreb; the rest of Africa; in the Islamic countries, In Lebanon and the near and Middle
East and in Asia as well.

I cannot finish this letter without giving my gratitude to those who have preceded me in this
presidency: Elise Groulx, Jeroen Brower, Eberhard Kempf and our “last but not least”
president, Pascal Vanderveeren. Thank you to all of them and I guarantee that I will follow
their steps to get strong and full of enthusiasm to this moment.

Resuming: The presidency is not a privilege, is an act of service.

Kindest regards,
Luis del Castillo Aragón

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 2. Barcelona Bar Hosts ICB Annual Meeting; New representatives
on the ICB Governing Council and new ICB Executive Committee
elected.
The General Assembly of the International Criminal Bar met for its Annual Meeting at the
beautiful Centre d’Estudis Juridics I Formacio Especialitzada in Barcelona, Spain, on 12, 13
and 14 March 2010. The new ICB Executive Committee is now led by (pictured above from
left to right) President Luis De CASTILLO (Bar Association of Barcelona) and also includes:
Mohamed BEN EL MAHI (Bar of Morocco) (1er Vice President for Arab States) , John
Kalala KABAMBA (Bar of the Democratic Republic of Congo) (2ème Vice President for
African States) and Nithyanantham SIVANANTHAN (3ème vice prèsident individual
member, Malaysia) Jean FLAMME (Belgium), Laurent PETTITI (Paris Bar ), and (not
pictured) Virginia LINDSAY (Individual Member on the List of Counsel, Ireland) (Secretary
General and Managing Editor for ICB Newsletter).

The Annual Meeting began on Friday, 12 March, with the ICB participating in the Third
Meeting on International and Criminal Justice organised by the Barcelona and Catalunya
Bars. The day opened with a speech by the Honorable Montserrat Tura I Camafreita,
Consellera de Justicia de la Generalitat de Catalunya, followed by a few words from former
President of the International Criminal Bar, Elise GROULX. A panel of Presidents followed,
including Josep CANICIO QUEROL, President of the Catalunyan Bars Council, Pedro
YUFERA SALAS, Decano del Illustre Colegio deAbogados de Barcelona, Victoria ORTEGA
BENITO, Vice-President of the General Council of Spanish Advocacy, Ester CAPELLA
FERRE, Regidora de l’Ajuntament de Barcelona, Pascal VANDERVEEREN, President of
the Executive Committee of the International Criminal Bar, Luis del CASTILLO ARAGON,
in-coming President of the Executive Committee of the International Criminal Bar.
Presentations were also made by Joan MERELO-BARBERA, Jean FLAMME, Peter
ERLINDER and Xavier-Jean KEITA. Simultaneous roundtables were held in the afternoon
addressing the Crime of Aggression, victims in trials, the complementary nature of the ICC
and human rights in the legal space of the Union for the Mediterranean.

In the evening those attending were treated to a reception and tour in the elegant Library of
the College of Advocates of Barcelona. Illustrated manuscripts were produced for inspection
and the open stacks revealed volumes of Don Quixote shelved among the law books.

The second day of meetings was held on Saturday. ICB members met in the morning and
an extended Executive Committee session was held in the afternoon. The work from the
previous day was presented before the need to reform the ICB Secretariat was discussed,
and the merits of having a Secretariat both with the Presidency and also in The Hague were
debated. Everyone applauded the excellent work of the Barcelona Bar in organising the
General Assembly.

On Sunday, the General Assembly and Elections were held. The financial report for the
previous year was approved and a vote was taken on the vacant Council seats. The results
were announced a short time after the close of voting and the new Council met to elect a

3
new Executive Committee. Those newly elected to the governing Council are marked by an
asterisk (*)in the following full list of the ICB Council:

ICB Governing Council

March 2010
Representatives of Bars and Law Societies:

Europe
*Luis DE CASTILLO (Bar Association of Barcelona)
*Stefan KIRSCH (German Federal Bar)
Laurent PETTITI (Paris Bar (France))
Amanda PINTO QC (Bar of England and Wales)
*Jean Pierre JACQUES (Bar of Belgium)

Africa
Mohamed BEN EL MAHI (Bar of Morocco)
*John Kalala KABAMBA (Bar of the Democratic Republic of Congo (DRC))
*Chafiq DOUBLAHI (Bar of Morocco)
*Amar ALI (Bar of Morocco)

Asia
Clive GROSSMAN (Hong Kong Bar Association)
*Mikiko OTANI (Japanese Federation of Bar Associations)
Beom Su KIM (Korean Bar Association (South Korea))
*Raymond CHEDID (Lebanese Bar Association)

The Americas
Álvaro BURGOS (Costa Rican Bar Association)
*Giuseppe BATTISTA (Quebec Bar)
José Luis IZUNZA (Mexican Bar)
Thomas VILES (American Bar Association)

Individual Members:
Fabio Maria GALIANI (Italy)
Thokwane MOLOTO (South Africa)
Nithyanantham SIVANANTHAN (Malaysia)
*Jacques BAKAMBE SHESHA (DRC)
*Yasushi HIGASHIZAWA (Japan)
*David LEVY (France)
*Allison TURNER (Canada)

Individual Members on the List of Counsel:

Roxanne HELME (Canada)
Marie-Pierre POULAIN (France)
Herminio ROQUE (Philippines)
*Jean FLAMME (Belgium)
*Kenneth GALLANT (USA)
*Virginia LINDSAY (Ireland)
*Juan MERELO-BARBERA Y GABRIEL (Spain)

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Representatives of Associations of Counsel :
Steven KELLIHER (International Criminal Defence Attorneys Association)
Laurent PETTITI (Council of European Bar Associations)
Richard SEDILLOT (Conseil National de Barreaux)
Luis RIVERA-GONZALES (Inter-American Bar Association)
*Julie GOFFIN (Union Internationale des Avocats)
*Eberhard KEMPF (Deutscher Anwaltverein)
*William TRUDELL (Canadian Council of Criminal Defense Lawyers)

Representatives of Associate Members (non-voting):

Yasser M. HASSAN (Arab Organization of Human Rights)
*Hafida TALHAOUI (Avocats Sans Frontières)

3. REGISTRY ANNOUNCES ELECTION OF MEMBERS OF

DISCIPLINARY BODIES UNDER ARTICLES 36 AND 44 OF THE
ICC CODE OF CONDUCT
In a letter dated 1 April 2010, Deputy Registrar Didier Preira announced elections to fill all
seats for new four-year terms on the two boards established under the ICC Code of
Conduct for Counsel: the Disciplinary Board (rule 36) and the Disciplinary Appeals Board
(rule 44). The two permanent members of the Disciplinary Board and an alternate are
elected by members of the List of Counsel authorised to appear before the Court. The
Disciplinary Board also includes a seat for an ad hoc member who varies depending on the
national Bar authority of the individual Counsel appearing in the matter coming before the
Board.

The Disciplinary Appeals Board consists of three judges and two representatives of
Counsel authorised to appear before the Court. Both Counsel representatives and an
alternate will be chosen in these elections.

All candidates are screened by the Registry to ensure they are persons with established
competence in professional ethics and legal matters, as required by the Code of Conduct.
Candidates should send their declarations of candidacy, along with their detailed curriculum
vitae and a statement describing in detail their particular competence in professional ethics
and legal matters, to: Counsel Support Section, International Criminal Court, Maanweg 174,
2516 AB, The Hague, Netherlands, marked
RE: Election to disciplinary bodies. Nominations must be received before 1 July 2010.

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 4. LATEST LEGAL DEVELOPMENTS
THE DEMOCRATIC REPUBLIC OF CONGO

THOMAS LUBANGA DYILO: By David Stoelting

As the trial of Thomas Lubanga Dyilo moves into its second year, the
defense case, which began in January 2010, is well underway. The
defense strategy of attacking the credibility of prosecution witnesses is
apparent, with the defense appearing to score some points.

Lubanga, allegedly a leader of the Union of Congolese Patriots, is charged with recruiting child
soldiers in the Ituri region of the Democratic Republic of Congo in 2002 and 2003. His trial, the
first at the International Criminal Court, began in January 2009.

The defense has presented more than 12 witnesses, and most of them have testified with
protective measures, such as face and voice distortion, as have most of the prosecution
witnesses. According to reporting by Wairagala Wakabi on www.lubangatrial.org, many of the
defense witnesses have testified about coaching by “intermediaries” used by the prosecution.
The first defense witness testified that his son, a prosecution witness, lied about being a child
soldier in the UPC. In fact, the witness stated, the child was at home with the father. On
February 8, 2010, a defense witness testified that ICC “intermediaries” gave him $200 to lie.
Another witness testified that the UPC did not recruit child soldiers.

On February 18, Judge Fulford announced a two-week recess to allow the defense to travel to
the Congo. When the trial resumed in March, a former prosecution witness identified as
“Witness 15” testified, and stated that he had been coached by an intermediary prior to
testifying for the prosecution, and that he had lied in his earlier testimony because he feared
being prosecuted. Contrary to his earlier testimony, Witness 15 stated that he had never been
a child soldier, and that representatives of the prosecution ignored his efforts to correct his
2005 witness statement. The prosecution in its questions asked Witness 15 why he waited four
years to correct his statement, and Witness 15 stated that he feared being put in prison. The
identity of the intermediary was not disclosed, although Judge Fulford ruled that the defense
was entitled to know the identity of some the intermediaries used by the prosecution. The
prosecution said it would appeal the ruling because of “grave consequences” if the identities of
intermediaries became known.

On 18 March 2010, the Trial Chamber issued its “Decision on judicial questioning.” No. ICC-
01/04-01/06. The defense had analyzed 133 questions posed by the judges to witnesses, and
concluded that 107 concerned sexual violence and girls in the armed forces, even though
Lubanga is not charged with sexual crimes. The defense argued that the judges’ questions
could violate their “obligation to show the utmost impartiality,” but did not allege actual bias.
The prosecution countered that the judges have the right to ask all necessary questions and
that the defense has no authority to challenge the judges’ questions. The victims’ legal
representatives also argued in support of the judges’ broad authority to question witnesses.

The Trial Chamber found that neither the Rome Statute nor national systems limit the role of
judges, and found that judges are entitled to ask any question “that it considers necessary for
the determination of the truth.” It concluded “the Chamber will continue to question witnesses
in the manner it deems appropriate.”
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On 11 March 2010, the Trial Chamber issued a decision regarding the right of victims’ legal
representatives to question witnesses. No. ICC-01/04-01/06. The Trial Chamber reaffirmed
that a victim must show that his or here personal interests are affected, and that this depends
on the particular circumstances of each case. However, the Court must ensure that “the
manner and the timing of the questioning is not prejudicial to, or inconsistent with, the rights of
the accused and a fair and impartial trial.” The Court further stated that if a previously
anonymous victim were to question a defense witness, then “it is likely” that the victim’s
anonymity would be lifted. The Trial Chamber also rejected the defense’s request to exclude
from the Courtroom those legal representatives of victims not allowed to question witnesses.

GERMAIN KATANGA AND

MATHIEU NGUDJOLO CHUI:
The trial in the Katanga and Ngudjolo case began on 25
November and ran until 2 December 2009, at which time proceedings were postponed due
to a car accident by one of the judges. Proceedings began again on 26 January 2010, with
the testimony of an expert photographer who was called as an expert witness by the Court.
As of 2 March, the prosecution had called five witnesses. According to a trial monitoring
blog (which unfortunately seems to have stopped covering the trial since 2 March), the fifth
witness surprised everyone by testifying for the first time that he had seen both Katanga
and Ngudjolo at the scene of the crimes. The Defence requested a recess in order to
investigate the new disclosures. The defence has until 3 May to investigate this new
evidence and then may seek leave to re-call the witness for further cross-examination.

The Prosecution’s earlier requests to be allowed to impeach another of their witnesses with
leading questions following the defence’s cross examination of that witness was denied by
the Trial Chamber, who also denied leave to appeal the denial of the prosecution request.

DARFUR, THE SUDAN

BAHR IDRISS ABU GARDA:

CHARGES ARE NOT CONFIRMED
On 8 February, Pre-Trial Chamber I issued its 103-page unanimous Decision on
confirmation of charges refusing to confirm the charges against Bahr Idriss ABU GARDA,
finding that “the evidence tendered by the Prosecution, far from establishing Mr Abu Garda's
participation in the attack, seems to concur with the submissions made by the Defence to
the effect that Mr Abu Garda did not personally participate in the attack on Haskanita.”
(para. 228). Judge Cuno TARTUSSER wrote in a separate opinion that the case was one
where the “lacunae and shortcomings exposed by the mere factual assessment of the
evidence are so basic and fundamental that the Chamber need not conduct a detailed
analysis of the legal issues pertaining to the merits of the case, in particular as to the
existence of the material elements constituting any of the crimes charged.” (p. 99).

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The Prosecutor filed a confidential request for leave to appeal on 15 March 2009. A public
redacted Defence Response was filed on 23 March 2009. It appears from the response
that the prosecution is urging a prima facie standard for confirmation of charges, where
prosecution evidence would be viewed in the light most favourable to the prosecution.

PRESIDENT OMAR AL-BESHIR:

GENOCIDE ALLEGATIONS REMANDED TO PRE-TRIAL CHAMBER I
FOR RECONSIDERATION
An Appeals Chamber Judgement was issued on 3 February 2010 reversing the decision of
Pre-Trial Chamber I to exclude genocide charges from the arrest warrant for President
Omar AL-BASHIR. The Appeals Judgment remands the case to Trial Chamber I for re-
consideration using a less onerous burden of proof in relation to circumstantial evidence.
The matter currently remains pending in Pre-Trial Chamber I.

THE CENTRAL AFRICAN

REPUBLIC
JEAN-PIERRE BEMBA GOMBO
The Bemba Defence Team has filed two motions which have resulted in a postponement of
the trial proceedings until 5 July: (1) a motion challenging admissibility and (2) a motion
seeking to compel the Prosecutor to conform the charges to the decision on confirmation of
charges. On 12 February 2010, the Bemba defence filed a motion to conform the charges to
the Decision on confirmation of charges (in French). They argue that the charging document
must be limited to the factual allegations upheld by Pre-Trial Chamber II in its Confirmation
Decision and that the charging document as filed extended and amended the charges by
including new allegations which were not confirmed or retained by the Pre-Trial Chamber. The
Prosecution’s Response was filed on 22 March 2010.

On 25 February 2010, the Bemba Defence filed an apparently confidential motion (in French)
challenging admissibility of the case against Mr. Bemba (ICC-01/05-01/08-704). The
mostion challenges admissibility of the case on the grounds of respecting the
complementarity between the work of the Court and of the authorities in the Central African
Republic, the lack of the requisite level of gravity, and an abuse of process in the case
against Mr Bemba.The Prosecutor’s Response was filed on 29 March 2010. The Trial
Chamber has given the CAR and DRC authorities until 19 April 2010 to submit any
responses.

Other activities in the case include the Bemba Defence team’s Observations on the Experts
Proposed by the Prosecution, arguing that sexual violence experts are irrelevant to the
charges against Mr. Bemba and seeking to force the prosecution to choose from the list of
authorised military experts created by the Registry, rather than hand-picking someone from
outside the list.

The trial is now set to start on 5 July 2010.

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The Bemba case in the news:

ICC is Accused of Wanting to Eliminate Bemba from the Presidential Election

11 March 2010 (French). The ICC decided to postpone until 5 July the commencement of
the trial of Jean-Pierre Bemba, which was initially scheduled to commence on 27 April.
ICC - International Political Court? 9 March 2010 (Video in French). Interview with Mr.
Pascal Vanderveeren, President of the International Criminal Bar (ICB): “If justice must be
made in the cases of each violation of human rights, the trial of Jean-Pierre Bemba . . . raises
concerns regarding the ability of the International Criminal Court to deliver justice in a fair
way.”
Registrar Silvana Arbia is Definite about it: "The Trial of Jean-Pierre Bemba is not
Political" 12 March 2010 (French). In an interview she gave to Eben-Magazine, the ICC
Registrar says the crimes for which Jean-Pierre Bemba is prosecuted are founded, the
charges have been confirmed and all the parties will be able to bring evidence during trial.
Bozizé Candidate for His Own Succession 6 March 2010 (in French).

Other CAR News:

ICC Takes Part in “Women's Week”15 March 2010. The ICC participated in events
organised by The Central African Women's Organisation (OFCA) during the week of 6 to 13
March. The ICC also held an outreach session during Women’s Week as part of the
national conference of the Union of Sisters of the UFEB (Union of Baptist Churches) held in
Bangui from 10 to 13 March.

KENYA
PRE-TRIAL CHAMBER II GRANTS LEAVE TO OPEN PROSECUTOR’S
FIRST PROPRIO MOTU INVESTIGATION UNDER ARTICLE 15

On 31 March 2010, Pre-Trial Chamber II issued its 83-page Decision granting the
Prosecutor’s first ever request to open an investigation proprio motu. The Decision was
signed by only two of the three judges. The Decision is followed by an 80-page dissenting
opinion by Judge Hans-Peter Kaul wherein he states that “I fail to see the existence of an
'organization' behind the violent acts which may have established a policy to attack
the civilian population within the meaning of article 7(2)(a) of the Statute.” (para. 82)

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 5. ASSEMBLY OF STATES PARTIES
UPDATE
From 22 to 25 March 2010, the Assembly of States Parties (ASP) met for a resumed 8 th
session. The main focus of the meetings was to finalize preparations for the first Review
Conference of the Rome Statute. The conference will be held in Kampala (Uganda) from 31
May to 11 June 2010.
Newsletter of the Assembly of States Parties (ASP), Special Edition, Version 3, January
2010. This newsletter includes articles on the 8 th Session which was held in November
2009 and covers the general debate, judicial elections and elections of the Board of
Directors of the Trust Fund for Victims, summaries of the resolutions adopted at the eight
ASP, as well as a number of interviews.
A draft provisional agenda for the Review Conference has been published on the Court’s
website. The government of Uganda has created a website which provides helpful
information for those attending the conference.

The proposals for amending the Rome Statute are limited to the following:

– The possible deletion of article 124 of the Statute,

which allows a new State Party to opt for excluding from the Court’s jurisdiction war crimes
allegedly committed by its nationals or on its territory for a period of seven years;

– The definition of the crime of aggression,

the conditions for the exercise of jurisdiction by the Court, as well as draft elements of the
crime;

- Amendments to article 8 of the Rome Statute,

Add to article 8, paragraph 2, e), the following:

“xvii) Employing poison or poisoned weapons;

xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids,
materials or devices;

xix) Employing bullets which expand or flatten easily in the human body, such as bullets
with a hard envelope which does not entirely cover the core or is pierced with incisions.”

Anyone interested in attending the conference should contact Allison Turner at

allisonturner18@gmail.com.

Online ASP Resources

Photographs from the ASP meetings
Official ASP documents

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 6. NEWS IN BRIEF
[Please note that all translations are unofficial translations provided by the CICC Secretariat]

No More Parole for Rapists by Heritier Maila (IWPR), 26 February 2010.

"In response to concerns raised by women’s groups, prosecutors in the Katanga province of
the Democratic Republic of Congo, DRC, have pledged to end the early release of
convicted rapists . . . .”

Obtain Justice for Victims of Sexual Violence Facing Justice Radio Programme (IWPR)
26 February 2010 (French, Swahili and Lingala).

The Role of the Judges in the DRC and at the ICC Facing Justice Radio Programme
(IWPR), 9 March 2010 (French, Swahili and Lingala).

First Person: Life as a Child Soldier by Erick Kenzo (IWPR) 12 March 2010. “If the Court
decides to prosecute Patassé at election time, his supporters may denounce the Court's
involvement as part of a political manoeuvre to discredit Patassé . . . .”

The Implications of Ex-President Patassé's Return to the Central African Republic by

Bruno Hyacinthe Gbiegba and Marie-Edith Douzima (CAR Coalition for the ICC) March
2010 (in French). "... The return of the ex-president represents a challenge for CAR human
rights NGOs conducting outreach on the ICC. They are working to manage victims' high
expectations and prepare them for the possibility of not necessarily seeing their alleged
perpetrators face prosecution . . . . While they are relieved that Bemba will eventually go on
trial they fear that Patassé is out of reach and may never be brought before the ICC.”

On Bosco Ntaganda
UN Mission by Alan Doss (The Guardian), 24 February 2010.
"Your report on conflict in the Democratic Republic of Congo (DRC) seems to assume that
when peacekeepers are invited into a troubled country, all shortcomings and responsibilities
for law and order default to the United Nations ('The Terminator' lives in luxury while
peacekeepers look on, 6 February). They do not.”
Governments remain responsible for their security forces, civilian protection and the integrity
of borders, natural resources and public institutions. We assist the DRC in many of these
areas, but we cannot impose our will on the government . . . .”
'The Terminator' Lives in Luxury While Peacekeepers Look On by David Smith (The
Guardian), 11 March 2010.
"[The] casual sportsman in this oasis of luxury amid the poverty of Goma, in the Democratic
Republic of the Congo, is a man the United Nations would prefer did not exist at all.
Bosco Ntaganda is wanted by the international criminal court (ICC) in The Hague for
allegedly conscripting and sending into battle children under the age of 15. He is also
accused of commanding troops responsible for the massacres of ¬civilians, earning him the
nickname, The Terminator . . . .”

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Other DRC News
A 'Competent Army' Will Take Over from MONUC, Says DRC Official
Voice of America, 11 March 2010. "In the Democratic Republic of Congo, a cabinet minister
says the administration is forming a competent national army to take over after the United
Nations Peacekeeping Mission (MONUC) withdraws by the end of next year. Lambert Mende
says President Joseph Kabila's government is determined not to surrender the country's
sovereignty. ..."
US, UN Accuse DRC Forces of "Crimes Against Humanity" IRIN, 12 March 2010.
"Government troops - the FARDC - in the Democratic Republic of Congo (DRC) are to blame
for much of the epidemic of sexual violence in the east of the country, according to US and
UN reports detailing war crimes and possible crimes against humanity by various groups
there.”
The Mai Mai Militia Still Recruits Child Soldiers Radio Okapi, 12 March 2010 (French). A
report for the Coalition to Stop the Use of Child Soldiers.

OTHER ICC NEWS

ICC Prosecutor Meets with Georgian Delegation 17 March 2010. On March 17, ICC
Prosecutor Luis Moreno-Ocampo met with a delegation from Georgia, visiting the OTP as
part of regular consultations undertaken since the situation in Georgia has been the subject
of the OTP's preliminary examination.
Who should arrest the LRA rebels wanted by the ICC? by Ekohl Eden (New Vision), 24
March 2010. "The question of who should arrest the five LRA commanders wanted for trial
by the International Criminal Court (ICC) at The Hague has never been adequately
answered.”
ICC Judges Approve Kenyan Investigation Human Rights Watch, 31 March 2010.
OTP Press Conference on Kenya, Prosecutor Moreno-Ocampo's Statement 1 April
2010. There is a list of 20 suspects, but it is not binding. We envision at least two cases
against one to three persons in each case. We will focus on those most responsible
according to the evidence that will be impartially collected. Watch video of press conference.
ICC Outlines Kenya Probe Plan Video, Al Jazeera, 1 April 2010.
Kenya and the International Criminal Court Video, The Hauser Center for Nonprofit
Organizations at Harvard University Justice and Human Rights Domain, 1 April 2010.
Human Rights Watch (HRW)
DR Congo: Lord's Resistance Army Rampage Kills 321 - Regional Strategy Needed to
End Rebel Group's Atrocities and Apprehend Leaders press release, 28 March 2010
International Federation for Human Rights (FIDH)
Prosecutor is Given Authorisation to Open an Investigation in Kenya 1 April 2010.

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 7. ICC RELATED PUBLICATIONS

OTP Prosecutorial Strategy 2009 - 2012

The latest issue of the CICC BULLETIN is now available. This issue provides updates on
current cases and situations before the ICC, regional updates, ratification and
implementation of the Rome Statute and APIC, as well as other relevant issues related to the
work of the Coalition and the Court. Translations in French and

The second issue of AL-MAHKAMAH, the CICC's Middle East and North Africa (MENA)
newsletter has been published. Al-Mahkamah is a bi-annual newsletter in Arabic and English
providing updates on ICC-related developments in the Middle East and North Africa with
analytical articles and interviews.
All CICC publications are available at: http://www.coalitionfortheicc.org/?mod=ourpublications

BOOKS
The International Criminal Court and Truth Commissions: Two Sides of the Same
Coin?, Yav Katshung Joseph, 19 December 2009. This book scrutinises the relationship
between the criminal justice system and non-punitive approaches and discusses future ways
in order to build a bridge across them.
Future Perspectives on International Criminal Justice, edited by Carsten Stahn,
Universiteit Leiden and Larissa van den Herik, Universiteit Leiden, T.M.C Asser Press,
January 2010 (ISBN-13: 9789067043090). This volume provides a perspective on individual
scholars and their impact on the development of International Criminal Justice, revisiting the
sources, treatment and reception of doctrine and jurisprudence from an inter-generational
perspective.
Genocide, War Crimes and Crimes against Humanity: A Digest of the Case Law of the
International Criminal Tribunal for Rwanda, Human Rights Watch, 15 January 2010.
The Princeton Process on the Crime of Aggression: Materials of the Special Working
Group on the Crime of Aggression, 2003-2009, Stefan Barriga, Wolfgang
Danspeckgruber, and Christian Wenaweser, Lynne Rienner Publishers. A compilation of
documents related to the "Princeton Process"-five rounds of intergovernmental negotiations
held by the UN's Special Working Group on the Crime of Aggression (SWGCA) at Princeton
University's Woodrow Wilson School in 2004-2009.

REPORTS
Centre for Criminological Research
Victim Reparation and the ICC, International Review of Victimology, Volume 19, n. 2, Centre
for Criminological Research. The International Review of Victimology has recently published
a special issue on Victim Reparation and the ICC.
Human Rights Watch
The Abusers Reaction: Intensifying Attacks on Human Rights Defenders, Organizations, and
Institutions, Human Rights Watch 2010. The 20th annual HRW World Report summarizes
human rights conditions in more than 90 countries and territories worldwide.

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Social Science Research Network
Position Paper on Issues Arising from the Palestinian Authority's Submission of a Declaration
to the Prosecutor of the International Criminal Court under Article 12(3) of the Rome Statute,
by Michael Kearney and Stijn Denayer , Al-Haq, 14 December 2009. This paper argues that
whereas the existence or otherwise of a state of Palestine remains moot for the purposes of
international law and international relations, a compelling argument can be made that a
determination by the Court that Palestine is a state whicht can engage with the Court would
be valid and in line with the Court and the Statute's statutory requirements.

On Palestine:
Professor Alain Pellet, of the University of Paris-Nanterre, and former president of the
International Law Commission, has prepared a legal opinion supporting the view that
Palestine is a ‘state’ for the purposes of article 12(3) of the Rome Statute. As a result, he
concludes, Palestine’s declaration last January (see this blog) validly gives jurisdiction to the
International Criminal Court, and enables the Prosecutor to launch prosecutions relating to
war crimes committed in Gaza, in accordance with article 15 of the Statute.
Article 12(3) of the Statute allows a State that is not a State party to the Statute (i.e., a
member of the Court) to nevertheless give jurisdiction to the Court. It raises the question of
Palestine's status as a 'State' under international law. Professor Pellet argues that rather
than consider this question in an abstract and general sense, it should be narrowed. This
issue is whether or not Palestine is a State for the purposes of article 12(3), that is, for the
simple purpose of giving the Court jurisdiction over international crimes, rather than for all
purposes.
Professor Pellet invites people to add their names to his opinion, by communicating with
William Bourdon (w.bourdon@bvb-avocats.com). He asks that he be copied on any
correspondence (courriel@AlainPellet.fr).

8. UPCOMING EVENTS

19 to 23 April 2010 ASP: Committee on Budget and Finance holds its 14th
Session, ICC Headquarters, The Hague

17 to 21 May 2010 Registry: Eighth Seminar of Counsel and training,

Steigenberger Kurhaus Hotel, Scheveningen

31 May to 11 June 2010 ASP: Review Conference of the Rome Statute, Kampala
Uganda

1 July 2010 Registry: Deadline for nominations to Disciplinary Bodies

5 July 2010 Trial Chamber III: Bemba trial begins

23 to 31 August 2010 ASP: Committee on Budget and Finance holds its 15th
Session, ICC Headquarters, The Hague

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