Report of the International Criminal Court to the United Nations for 2009/10
The present report, covering the period 1 August 2009 to 31 July 2010, is the sixth 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.
During the reporting period, the Secretary-General of the United Nations, in his capacity as depositary of the Rome Statute of the International Criminal Court, convened the Review Conference of the Rome Statute from 31 May to 11 June 2010 in Kampala. At the Review Conference, States parties reviewed and amended the Rome Statute, conducted a stocktaking of international criminal justice and made significant pledges on a wide range of issues.
The Court is seized of five situations. The situations in Uganda, the Democratic Republic of the Congo and the Central African Republic were each previously referred to the Court by those States, themselves Parties to the Rome Statute. The situation in Darfur, the Sudan was referred by the United Nations Security Council. In each case, the Prosecutor decided that there was a reasonable basis to open investigations. During the reporting period, Pre-Trial Chamber II authorized the Prosecutor to initiate an investigation into the situation in Kenya in relation to crimes against humanity committed between 1 June 2005 and 26 November 2009. Further, the Office of the Prosecutor is conducting preliminary examinations in various situations, including in Afghanistan, Colombia, Côte d’Ivoire, Georgia, Guinea and Palestine.
IV. Investigations and analysis
B. Analysis of activities
65. The Office of the Prosecutor continued to proactively monitor all information on crimes potentially falling within the jurisdiction of the Court, analysing communications received from various sources. As at 30 June 2010, the Office had received a total of 8,792 communications relating to article 15 of the Rome Statute, 559 of which were received between 1 August 2009 and 30 June 2010.
66. During the reporting period, the Office of the Prosecutor continued its preliminary examinations in Afghanistan, Colombia, Côte d’Ivoire, Georgia and Palestine. On 14 October 2009, the Office made public its preliminary examination in Guinea. The Office continued its policy of making its monitoring activities public, subject to confidentiality requirements, when it believes it can contribute to preventing crimes and maximizing the impact of the Court’s work.
81. 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, first, whether the declaration accepting the exercise of jurisdiction by the Court meets statutory requirements, and second, whether crimes within the Court’s jurisdiction have been committed. As the International Criminal Court is a court of last resort, the Office also considers whether there are national proceedings in relation to alleged crimes, relating to the admissibility of the cases potentially arising from the situation.
82. The Office has received communications from various sources, as well as 15 legal submissions from experts, academics and NGOs on the issue of jurisdiction.
83. In October 2009, upon request of the Office, the Palestinian National Authority presented a preliminary report comprising legal arguments in support of the declaration. A further comprehensive report is expected to be submitted in due course. The Office also exchanged communications with the Embassy of Israel in the Netherlands, from which it inter alia received the Israeli Defense Forces report on Operation Cast Lead, including national efforts undertaken by Israel.
84. In January and July 2010, the Office provided information to the Office of the United Nations High Commissioner for Human Rights (OHCHR) pursuant to its request on steps taken by the Office of the Prosecutor with regard to the Palestinian declaration. In May 2010, the Office published a summary of submissions on whether the declaration lodged by the Palestinian National Authority meets statutory requirements, without having made any determination on the issue.
85. During the reporting period, the Prosecutor met with various stakeholders, including representatives from the Palestinian National Authority, the secretariat of the League of Arab States, the League of Arab States Independent Fact-finding Committee and a number of Palestinian and Israeli NGOs to discuss, inter alia, the jurisdiction of the International Criminal Court.