Report of the International Criminal Court
Note by the Secretary-General
The report of the International Criminal Court on its activities for 2010/11 is submitted herewith to the General Assembly in accordance with article 6 of the Relationship Agreement between the United Nations and the International Criminal Court and paragraph 17 of General Assembly resolution 65/12.
Report of the International Criminal Court to the United Nations for 2010/11
The present report, covering the period 1 August 2010 to 31 July 2011, is the seventh annual report of the International Criminal Court submitted to the United Nations. It covers the main developments in the activities of the Court and other developments of relevance to the relationship between the Court and the United Nations.
The Court made significant progress during the reporting period. Five new States acceded to or ratified the Rome Statute of the International Criminal Court, bringing the total number of States parties to 116. The Court’s judicial activity reached a new high with the start of a third trial. The presentation of evidence in the Court’s first trial was concluded, and the verdict is expected by the end of the year.
The Prosecutor opened a sixth investigation, following the Security Council’s unanimous referral of the situation in the Libyan Arab Jamahiriya. The total number of individuals subject to proceedings before the Court increased from 15 to 25, and seven new persons appeared before the judges pursuant to an arrest warrant or a summons to appear.
The United Nations continued to provide important support and assistance to the Court during the reporting period. The Court engaged closely with States, the United Nations and regional and intergovernmental organizations to enhance international cooperation in the fight against impunity for genocide, crimes against humanity and war crimes.
As the importance attached to the Court’s work and the relevance of the Rome Statute on the international scene grow, great challenges remain. Arrest warrants are outstanding against a total of 11 suspects, and the cooperation of States in bringing these persons to justice continues to be a key condition for the effective implementation of the Court’s mandate. At the same time, the growing casework and the referral of a new situation by the Security Council has increased pressure on the resources available to the Court.
In addition to the six investigations, the Office of the Prosecutor is conducting preliminary examinations in Afghanistan, Colombia, Côte d’Ivoire, Georgia, Guinea, Honduras, Nigeria, the Republic of Korea and Palestine. During the reporting period, the Prosecutor sought authorization from the Pre-Trial Chamber to open an investigation into the alleged crimes committed on the territory of Côte d’Ivoire after 28 November 2010. The request was pending at the time of the submission of the present report.
84. In connection with the declaration lodged by the Palestinian National Authority under article 12, paragraph 3, of the Rome Statute on 22 January 2009 accepting the jurisdiction of the Court, the Office continues to examine whether the declaration meets statutory requirements. As the International Criminal Court is a court of last resort, the Office of the Prosecutor also considers whether there are national proceedings in relation to alleged crimes, relating to the admissibility of the cases potentially arising from the situation. In total, the Office received 400 communications on crimes allegedly committed in Palestine.
85. The Palestinian National Authority requested the right to be heard on the fulfilment of the statutory requirements for opening an investigation, including on the issue as to whether Palestine qualifies as a “State” for the purpose of article 12, paragraph 3, of the Statute. The Office considered that a fair process required that the Palestinian National Authority as well as other interested parties have the opportunity to be heard. The Office therefore ensured due process to all parties involved. Representatives of the Palestinian National Authority presented arguments by oral and written submissions. The final public briefing will be presented soon.1
86. The Office has also considered various public reports and organized an interactive discussion among the various experts and NGOs that had provided submissions at the seat of the Court during its biannual round table on 20 October 2010.
87. In July 2011, the Office provided updated information to the Office of the United Nations High Commissioner for Human Rights pursuant to its request on steps taken by the Office of the Prosecutor with regard to the Palestinian declaration.
88. The Prosecutor met with various stakeholders, including representatives of the Palestinian National Authority, the secretariat of the League of Arab States and a number of Palestinian and Israeli NGOs to discuss the jurisdiction of the Court.
1The Office of the Prosecutor has made available on its website a first summary of submissions on whether the declaration lodged by the Palestinian National Authority meets statutory requirements.