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A Complementarity Toolkit?

Published on December 10, 2018        Author: 

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Editor’s Note: This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch’s Report, Pressure Point: The ICC’s Impact on National Justice 

In the long-term, bolstering national proceedings is crucial in the fight against impunity for the most serious crimes, and is fundamental to hopes for the ICC’s broad impact. It can also restore trust in national institutions, which have been severely damaged or have failed completely in a context of armed conflict or systematic repression.

A recent Human Rights Watch report provides a detailed examination of how the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) can trigger domestic investigations and prosecutions into serious crimes, looking at Colombia, Georgia, Guinea and the United Kingdom as case studies. The report discusses a range of practical actions that the OTP can take as part of its complementarity activities during the admissibility phase of its analysis, and how these actions have played out in various contexts.

In and of itself, the report is a fascinating and useful overview of the chronology of the OTPs engagement in Colombia, Georgia, Guinea and the United Kingdom, with insights and analysis from individuals who played a role in each situation – insider accounts from civil society activists, officials from national prosecuting and judicial authorities, diplomats, and OTP staff.

One of the most enlightening elements that comes out from Human Rights Watch’s research is the detailed examples of various actions that the OTP has taken in different situations. Drawing them out and compiling them, it is striking that they comprise a coherent and practicable toolkit of complementarity measures. They also fall squarely in line with the steps that national prosecutors have to take to retain control over proceedings in their countries. Broadly speaking, they fall into five steps — Read the rest of this entry…

 
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An Independent Mechanism for Myanmar: A Turning Point in the Pursuit of Accountability for International Crimes

Published on October 1, 2018        Author: 

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Last week, the Human Rights Council voted to establish an “independent mechanism” to collect, consolidate, preserve and analyse evidence of violations of international humanitarian law and human rights in Myanmar.

To those following international efforts to bring perpetrators of war crimes, crimes against humanity and genocide to justice, this watershed moment could herald a paradigm shift in how atrocities in situations such a Syria, Myanmar and Yemen are addressed.

The need for such a mechanism, at its core, stems from the need to bolster investigations and trials into the most serious crimes – both at the national and international levels.

Much has been written about the need to leverage the impact of the International Criminal Court in situations where it has jurisdiction, including a recent Human Rights Watch report, Pressure Point: The ICC’s Impact on National Justice – Lessons from Colombia, Georgia, Guinea, and the United Kingdom, which takes a stab at addressing this question.

The report proposes a range of measures by international partners of the International Criminal Court, international organizations, and civil society groups to assist national authorities to carry out effective prosecutions of international crimes, such as legislative assistance, capacity building, advocacy and political dialogue to counter obstruction.

These measures, however, overlook the more technical and evidentiary challenges that forestall national proceedings into war crimes and crimes against humanity. Most national judiciaries either lack the full capacity to conduct war crime trials in accordance with universally adopted standards, are too strapped for resources to comb through voluminous materials from human rights NGOs or victim groups regarding widespread atrocities, or lack the legal expertise to qualify criminal conduct as international crimes.

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