Transcript Slide 1

Complementarity in the context of EU support to
justice and the rule of law
how to fight impunity?
Petra Hagelstam
Unit B1: Governance, Democracy, Gender and Human Rights
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Why impunity matters?
No sustainable development without fighting impunity!
"Millions of children, women and men have been victims of
unimaginable atrocities that deeply shock the conscience of
humanity.“
Impunity leads to repeated cycles of violence which in
turn leads to reoccurrence of violent armed conflict, an
obstacle to development.
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Complementarity principle
• The ICC is a court of last resort
• i.e. the ICC is complementary to national criminal
jurisdictions. Only when a State Party to the Rome
Statute is unwilling or unable genuinely to carry out the
investigation or prosecution of these crimes, shall the
ICC have jurisdiction.
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Complementarity in practice?
The duty of every State Party to exercise its criminal
jurisdiction over those responsible for the crime of
genocide, crimes against humanity and war crimes.
Rome Statute after 10 years in force?
Paradoxically: "No need to fight impunity because ICC
there" – complementarity gone up-side-down!
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Bridging the gap between international and
national justice
• Article 21 of the Treaty on European Union;
• The Council Decision of 21 March 2011 on the ICC and
its subsequent Action Plan set as an objective to
implementation of the principle of complementarity.
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Time to zoom out, and how to do it?
• Complementarity as part of justice/Rule of law reform
• Political and policy dialogue
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Bridging the gap between
national-international justice
Implementing Principle of Complementarity in Practice
Tsvetomir Svilenov, Programme Manager – EU Policies - Governance
DEVCO B.1 – Governance, Democracy, Gender and Human Rights
European Commission
Brussels, 19/06/2013
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Promoting international criminal justice mechanisms and standards
at national level
1. Addressing transitional justice issues in negotiations, political and sector-specific
dialogues;
2. Impunity measures, blanket amnesty or other activities related to genocide, crimes
against humanity and war crimes should not be tolerated;
3. Mainstreaming complementarity in National RoL or criminal justice programs;
4. Reinforcing fight against impunity in political, budget and sector-specific dialogues in
countries that are not parties to the Rome Statute.
5. Fostering cooperation between states
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Operational steps on complementarity and bridging the gap between
international and national justice
1. Is the country concerned a party of the Rome Statute and whether it has taken steps
to transpose core crimes into national criminal provisions;
2. What is the current development of the criminal law provisions and are there already
in line with the RS when it comes to investigation and prosecution of most serious crimes;
3. What is the position of the country vis-à-vis these crimes; is the country able and
willing to investigate and prosecute those crimes;
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Operational Steps on Complementarity and Bridging the Gap between
International and National Justice
4. What is the current relationship between the country in question and the ICC;
5. Are there any other donors active in that country?;
6. Link between RoL program and transitional justice components
7. Assess the level of political will;
8. Check ongoing thematic projects in the area of rule of law/justice and fight against
impunity
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Examples on domestication of international law mechanisms
1. South Africa: adoption of truth and reconciliation commission fostering restorative justice at
national level
2. Timor-Leste: creation of a combination of criminal trials and truth and reconciliation approaches
3. Colombia: adoption of a Justice and Peace Law
4. Rwanda: modification of traditional methods of conflict resolution to create the gacaca process.
5. Uganda: the creation of an international Crimes Division Court which is a part of the High Court of
Republic of Uganda
6. Kenya: ongoing UNODC efforts to create witness protection agency and the attempt of the
government to establish International Crime Court as an international division within the High Court of
Kenya
7. Ivory Coast: creation of Special Investigative Unit under the Attorney General's office
8. Western Balkans: ICTY facilitated the creation of domestic war crimes investigations in Serbia,
Croatia and Bosnia and Herzegovina.
9. Guatemala: International Commission Against Impunity acts as international prosecutor but
operates under Guatemalan law and in the Guatemalan courts.
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Bridging the gap between international and national justice
General Project Design Objectives
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1. Capacity building and raising awareness;
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2. Enhance technical knowledge of national prosecution on criminal investigations;
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3. Improve understanding of judicial and political actors on the main ICC principles;
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4. Influencing political will through national legislators, i.e. Parliament;
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6. Providing access to legal information using technologies;
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7. Empowering NGOs in providing legal information to victims of serious crimes;
5. Mainstream ICC issues at international arena;
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• Bridging the gap between
international and national justice
under thematic instruments
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Experience from EIDHR Regional Projects
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DDH/2002/002-943: Project to support of civil society in the Gaçaça – Process
in Rwanda:
Objectives:
1. Monitoring of the Gacaca trials
2. Monitoring of the implementation of judgments
3. Monitoring of the implementation of the Community Services as an alternative to prison
4. Create a documentation of the Gacaca process
5. Ensure good implementation through advocacy and lobbying
Results:
1. Effective monitoring in six out of twelve provinces in Rwanda
2. Monitoring made sure that trials were in conformity with related law and create an
environment facilitating national reconciliation
3. The project contributed to rehabilitation of victims and presumed criminals while
protecting their rights
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• Experience from EIDHR global
projects
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ICC Legal Tools Project
• Legal Tools Database
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http://www.legal-tools.org/en/go-to-database/
• Case Matrix Network
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http://www.casematrixnetwork.org/
• Elements Commentary
• Means of Proof Document
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EuropeAid/132762/C/ACT/Multi Project on
Complementarity in practice: strengthening national judicial response to
international crimes in Democratic Republic of Congo (DRC) and Côte
d’Ivoire (CDI).
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1. Improving understanding on complementarity of national actors;
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2. Enhance technical knowledge of national institutions;
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3. Strengthen CSOs (local NGOs and media) on practical implementation of
complementarity
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• Bridging the gap between
international and national justice
under geographical instruments
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FED/2009 021-680 – sector budget support for the justice, reconciliation, law and
order sector in Rwanda
Objectives:
1. Eradicating genocide ideology and reinforce reconciliation mechanisms in the country;
2. Promoting RoL, accountability and human rights;
3. Safety, law and order maintained in the country.
Results:
1. Finalising Gacaca outstanding cases at the end of 2007 before the end of 2010 and
securing safety of those who participated in them;
2. Achieving high level of trust and reconciliation among Rwandans;
3. Completion of TIG work camps by 85% of those convicted of genocide;
4. Reduction in reported and perceived crime levels.
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FED/SL/CSP/NIP/1 – Legacy project – Special Court for Sierra Leone
Objectives:
1. Enhance the knowledge of the Taylor trial amongst the people of Sierra Leone and the sub-regions;
2. Assess the effect of the Special court on victims of the war;
3. Enhance the transfer of skills and resources from the Special Court to national institutions;
4. Create a sustainable system for storage, accessibility and preservation of the Special Court
archives.
A degree of success was recorder with regards to these objective.
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Questions
• Thank you for your attention!
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