ICC—Opening Session of the 4th Assembly of States Parties

In today’s opening session of the 4th annual meeting of the ICC Assembly of States Parties in The Hague, member states and observers (non-ratifying signatory states, non‑signatory states, NGOs, and others) debated how and when the ICC funds allocated for assisting victims of war crimes should be allocated and heard opening remarks from Prosecutor Luis Moreno‑Ocampo on the status of active investigations in Uganda, the Congo, and Darfur.^[1]

The Victims Trust Fund debate centers on the use and timing of support to persons harmed during the events under investigation by the Office of the Prosecutor.^[2] Britain, Canada and Australia argue that funds should be dispersed only after the alleged crimes have been proven and perpetrators convicted—thus avoiding the effect of conviction without the benefit of trial. On the other hand, human rights groups, France, Belgium, and some African nations urge that funds should address victims’ immediate human support needs rather than allowing lengthy legal process to delay much needed aid.^[3]

The nature of this debate vividly demonstrates the tension inherent in the Court’s status as both independent judicial body and active participant in international criminal law enforcement efforts. >

Also today, ICC Prosecutor Moreno‑Ocampo announced to the Assembly that he expects the first trials to be heard at the Court in 2006.^[4] In summarizing the investigation leading up to the issuance of arrest warrants for leaders of the Lords Resistance Army (LRA) in Uganda, the Prosecutor described the role of his office, and its legal and physical presence in regions under investigation, as “bringing a justice component to a comprehensive effort to achieve justice and reconciliation and bring an end to violence in northern Uganda.”^[5] He also called for the continued support of the United Nations and its Security Council, nation states, NGOs, and international criminal justice organizations in pursuing the cause of international criminal justice.

We will continue to monitor and report developments as this 4th Session of the ICC Assembly of States Parties meets throughout the week.

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[1] We have previously discussed the Assembly of States Parties here. Full text of Luis Moreno‑Ocampo’s speech is available in English here.
[2] The Rome Statute mandates that a portion of its budget is spent in support of an independently administered Victims Trust Fund. Funds may be spent on protection, psychological services, legal expenses associated with providing testimony, and reparations to victims of war crimes.
[3] International Criminal Court’s Prosecutor Foresees First Trials Next Year, Associated Press, November 28, 2005.
[4] See Luis Moreno-Ocampo’s report to the 4th Assembly, available here.
[5] Id. at page 3. We have previously discussed the LRA arrest warrants here.