The Prosecutor of the International Criminal Court (ICC) has turned down the demands for an external review of misconduct.
Prosecutor of the Court, Mrs Fatou Bensouda says she will not initiate the sort of broad inquiry the Norwegian Helsinki Committee (NHC) has called for.
War crimes suspect
Reports in several news media suggested that former chief prosecutor Luis Moreno-Ocampo, was paid to pass sensitive information to a possible war crimes suspect in Libya as well as maintaining an improper relationship with former colleagues at the ICC.
“These serious allegations could threaten the credibility of the International Criminal Court, weaken future investigations and prosecutions, undermining its role as a custodian of justice for victims of international crimes”, says Gunnar Ekeløve-Slydal, Deputy Secretary General at the NHC.
«Unnecessary»
Therefore, NHC called for a transparent and broad inquiry by external experts in a letter to Mrs Bensouda of 12 March 2018. The Prosecutor of the Court has now responded:
“In sum, I believe my staff and I have made every effort to learn from past experience”, Bensouda says in the letter where she outlines comprehensive measures taken to improve the functioning of the ICC Office of the Prosecutor:
“I am of the respectful view that the sort of broad inquiry you call for is unnecessary considering the steps the Office itself has taken, what we are already accomplishing and have put in place.”
In its response to the letter, the NHC notes that Mrs Bensouda fails to address the most serious media allegations concerning the first Prosecutor of the ICC. An inquiry into possible misconduct by persons who are no longer members of the ICC falls outside the mandate of the internal oversight mechanisms of the Court, and therefore there is a need for external inquiries.
The exchange with ICC Prosecutor Bensouda is available here:
- 12 March 2018 letter from the Norwegian Helsinki Committee to Mrs Fatou Bensouda, Prosecutor of the ICC
- 22 May 2018 letter from Mrs Fatou Bensouda, Prosecutor of the ICC to Mr Bjørn Engesland, Secretary General, and Mr Gunnar M. Ekelove-Slydal, Deputy Secretary General
- 8 June 2018 letter from the Norwegian Helsinki Committee to Mrs Fatou Bensouda, Prosecutor of the ICC
Letters to Permanent Missions in Geneva
In a follow-up to the 12 March letter to the ICC Prosecutor, the NHC on 21 March 2018 sent e-mail letters to several Permanent Missions in Geneva. The letters again underlined that the external inquiry should include the role of the first Prosecutor of the Court, Mr. Luis Moreno-Ocampo, as well as his Chef de Cabinet 2003-2006, Mrs. Silvia Fernández de Gurmendi, who later became President of the Court.
The letters were sent to i.a. the Permanent Missions of China, France, Germany, the Netherlands, the UK, and the US, and to more than two dozen civil society representatives and academics in the field.
- The letters are available here:
- Letter to the Canadian UN Delegation dated 21 March 2018
- Letter to the Chinese UN Delegation dated 21 March 2018
- Letter to the Dutch UN Delegation dated 21 March 2018
- Letter to the French UN Delegation dated 21 March 2018
- Letter to the German UN Delegation dated 21 March 2018
- Letter to the Japanese UN Delegation dated 18 April 2018
- Letter to the New Zealand UN Delegation dated 21 March 2018
- Letter to the Swedish UN Delegation dated 21 March 2018
- Letter to the Swiss UN Delegation dated 21 March 2018
- Letter to the United Kingdom UN Delegation dated 21 March 2018
- Letter to the United States UN Delegation dated 21 March 2018
Letter to President of the Bureau of the ICC Assembly of State Parties
On 26 October 2020, the Norwegian Helsinki Committee sent a letter to O-Gon Kwon, President of the Bureau of the Assembly of States Parties of the International Criminal Court, underlining the importance of ensuring that his successor as President adheres to the highest standards of integrity and professionalism. The letter also recommends to make arrangements ahead of the December 2020 Session of the Assembly of States Parties for the IER experts to be available for informal discussions with members of the Assembly in order to give full effect to their report.
The letter is available here.
On 14 November 2020 a copy of the letter was sent to the Permanent Missions of Canada, France, Germany, Japan, the Netherlands, New Zealand, Sweden, Switzerland, and the UK.
The letters are available here:
- Letter to The Canadian ICC ASP and UN Delegations dated 14 November 2020
- Letter to The Dutch UN Delegation dated 14 November 2020
- Letter to The French ICC ASP and UN Delegations dated 14 November 2020
- Letter to The German ICC ASP and UN Delegations dated 14 November 2020
- Letter to The Japanese ICC ASP and UN Delegations dated 14 November 2020
- Letter to The New Zealand ICC ASP and UN Delegations dated 14 November 2020
- Letter to The Swedish ICC ASP and UN Delegations dated 14 November 2020
- Letter to The Swiss ICC ASP and UN Delegations dated 14 November 2020
- Letter to The United Kingdom ICC ASP and UN Delegations dated 14 November 2020