On Kenyatta & Ruto Cases, NGOs Blame International Criminal Court for Over-Disclosure, Gaddafi Cited

By Matthew Russell Lee

UNITED NATIONS, October 10 -- After Uhuru Kenyatta made his appearance at the International Criminal Court in The Hague, at the UN in New York on October 10 there was a press conference on the topic. Inner City Press asked if the ICC Prosecutor has handled the Kenya cases correctly, given that witnesses say they were coached.

Stella Ndirangu of International Commission of Jurists-Kenya said the ICC Chambers have some responsibility, for disclosing too much information such that the identity of witnesses could be figured out or “trianguled.” She said six witnesses have been killed.

 "The defense kept pushing, and the Chamber kept giving,” she said. “They did not see the Kenyatta case as different from previous cases,” she said. The defendants are powerful and free, she said, contrasting it to the DR Congo, where the government has used the ICC to go after its opponents.

  Haron Ndubi of Kenyans for Peace Truth with Justice added that there had been too much time between the disclosures and the hearings in the case, giving too much time for the identity of witnesses to be discovered. He said the Assembly of State Parties should consider this.

  Inner City Press also asked about Ugandan president Yoweri Museveni calling for African countries to reconsider remaining in the ICC. Haron Ndubi replied that Museveni took sides in Kenya in 2007, “before Kofi Annan arrived.” He pointed out that Uganda had previous used the ICC, against the Lord's Resistance Army and Joseph Kony. 

 The moderator from the Coalition for the International Criminal Court recounted three previous anti-ICC attempts, the first under “the late Gaddafi.”And you know how that ended. Watch this site.

   

At UN, As UK's Morrison Wins ICC Seat, Cathala Stayed In, Then Out, Nigerian Won, Press Excluded

By Matthew Russell Lee

UNITED NATIONS, December 16, updated below -- As the International Criminal Court's Assembly of State Parties left unresolved the scandal of countries trading votes with candidates found unqualified, on Friday afternoon UK candidate Howard Morrison was elected to the fifth of sixth open seats with 72 votes.

Bruno Cathala of France, which offered to trade votes with a now withdrawn unqualified candidate's country, still refused to drop out. The former ICC registar, he got 45, less than the Nigerian candidate's 59 votes but still denying him, and Africa, the sixth and final seat.

Just as the results were being read out, Inner City Press was summarily ordered to leave the room, from which it has reported the vote counts and lobbying for the last three days. The Director of the Assembly of State Parties, Renan Villacis, told Inner City Press to leave, claiming that the meeting was closed.

Inner City Press pointed out that the electronic sign at the door did not say "closed," as happens at the UN when meetings are closed.

Additionally, the back of the room was filled with non-governmental organizations -- their right to be present should be preserved, but there is no rationale for the press to be singled out. It is also entirely pointless, as the vote counts have been Tweeted by the NGOs and others in real time. The ICC and its Assembly of State Parties must do better.

Even in front of the Security Council Friday morning, numerous Permanent Representatives opined that France and Cathala should drop out. One said, "Now France is blocking Africa?" Watch this site.

Update: Mauritius then Cathala of France withdrew. Diplomats exiting from Conference Room from which the ASP Director excluded the Press said the Nigerian candidate got 102 votes and the sixth and final judgeship at the ICC. There is a need for reform - watch this site.

For ICC, DR Gets In, Regional Solution Stalled on Mauritius & Cathala of France

By Matthew Russell Lee

UNITED NATIONS, December 15 -- As the elections for International Criminal Court judges moved past 7:30 pm on Thursday, after Costa Rica's former Permanent Representative to the UN Jorge Antonio Urbina Ortega dropped out there remained five candidates for three seats.

The top three vote getters, two rounds after Urbina's withdrawal, were Olga Venecia Herrera Carbuccia from the Dominican Republic with 77 -- four more than the 73 votes needed -- Howard Morrison of the UK with 66, and Chile Eboe-Osuji of Nigeria, with 63.

Each had increased vote counts from the tenth to eleventh to 12th round. Numerous representatives of state parties said this was a perfectly UN solution: of the three seats, one to Latin America (done), then one to Europe and one to Africa.

But the "other" European, Bruno Cathala of France whose country as exposed by Inner City Press offered to trade its vote for an unqualified candidate in order for one more vote for Cathala, refused to drop out, as did the candidate from Mauritius.

The floor was open for withdrawals, but in the French seat Ms. Frappeur, formerly at the ICC, did not stir. Rather, she was seen whispering feverishly to the representative in the seat of Benin.

Earlier on Thursday Inner City Press asked outgoing ICC prosecutor Luis Moreno Ocampo if this vote trading was any way to choose ICC judges. He said that as prosecutor he would not comment. The former and now current presidents of the Assembly of State Parties both condemned the practice. But a practitioner remains in the race, as it get uglier with each round. It will continue. Watch this site.

With ICC Judge Election Stalled, Latin Snarking, A Call for Cathala to Quit

By Matthew Russell Lee

UNITED NATIONS, December 14, updated below -- As the standoff for three remaining International Criminal Court judgeship lurched into Wednesday afternoon, there were growing calls from candidates with fewer votes to drop out.

In the Latin group, many called for Colombia which fell to 16 votes to withdraw. But its candidate was heard to say, albeit on Tuesday afternoon, "hasta la muerte" - until death.

The Colombia delegation has explained to Inner City Press that the country wants to make a contribution to international criminal justice, based on its history and expertise.

One of its opponents snarks that it wants to block any ICC investigation and action on Colombia: Ocampo did visit the country, and his successor Fatou Bensouda's views are not known.

A counter-snark notes the "23,000 petitions to the ICC to investigate murders committed in connection with the war on drugs," and says that "with a new party likely in the presidency soon, there is a desire to get a judge on the ICC pre-trial chamber to cut off any action."

All snarking aside, Article 41 of the Rome Statute of the ICC: “A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground.” But the fact that things have descended this low is telling.

We still hope to hear from both Colombia and Mexico, which recently served on the Security Council, with its view for publication before the voting is completed.

UK candidate Morrison is up to 71 votes. An ICC member's Deputy Permanent Representative told Inner City Press flatly that the "other European" candidate, Bruno Cathala of France with 54 votes, should drop out. That a candidate rated unqualified has unequivocally said that the French mission offered trade votes, and the candidate's Permanent Representative last week told Inner City Press they would vote for France, might seem to add strength to this argument. But an Assembly of State Parties insider predicted that France with a Permanent seat on the Security Council would "never" voluntarily withdraw.

The African Group met in the hallway between rounds of voting; an attendee said discussion focused on coming together to support their candidates. But the group doesn't have the 77 votes needed. The Nigerian candidate has 52 votes. Watch this site.

Update of 6:15 pm -- the 8th round was still inconclusive. 114 states votes (down from 116 in 6th round), meaning 76 votes were needed. But Morrison of the UK at 69, Nigeria rose to 58, from 52 in sixth round. Cathala still at 54, Dominican candidate up to 46. Urbina of Costa Rica at 39. Mauritius up to 37, Mexico down to 24. Voting finished for the day, now general debate begins, with the elusive Ivorian prime minister Soro to speak tomorrow (after canceling today his press conference at 3:30, and meeting with Ban Ki-moon at 5:30). Only at the UN -- or, at #ASP10. Watch this site.

ICC Vote Closed, French Trade So Far Unsuccessful, UK Puncher's Chance

By Matthew Russell Lee

UNITED NATIONS, December 13 -- After the build up to the election of International Criminal Court judges, complete with press conferences and receptions, the voting on Tuesday morning was conducted in a room with a sign: "Closed."

Through the glass windows of the room several players were visible working the crowd, including Bruno Cathala whose country, France, offered to exchange votes with a candidate judged "unqualified" - click here for that story.

Miriam Defensor-Santiago crossed the required 70 vote threshold in the first round on Monday, after a campaign complete with speeches in the North Lawn building, lamb chops and samosas. Cathala got only 40 votes in the first round, but a French mission diplomat previously with the ICC, like Cathala, was working the crowd.

Howard Morrison of the UK got more votes, at 61, leaving him with a puncher's chance. The top two British diplomats at the UN were in the North Lawn building on Tuesday morning; while their North Lawn agenda is not known, Morrison's picture is on the front page of the UK Mission's web site.

Tunisia's candidate withdrew on December 1 -- another disgruntled candidate told Inner City Press the Tunisian had been "encouraged" to drop out -- and on December 13, three more candidates, all from Africa, dropped out.

ASP through windows Dec 13, Cathala in scrum (c) MRLee

The tables in Conference Room 2 were full of campaign literature. Why was the meeting listed as "closed"? A conference officer said that on Monday the rule was broken, the room filled with NGOs. But the sign remained -- "closed" -- with the possibility of cracking down on any media which went in. Watch this site.

ICC Prosecutor Says UN Shouldn't Deal With Sudan Minister, Kenyans to The Hague

By Matthew Russell Lee

UNITED NATIONS, December 12 -- Moments after Fatou Bensouda was unanimously elected to succeed Luis Moreno Ocampo as chief prosecutor of the International Criminal Court, Inner City Press asked her if she thought the UN should have flown ICC indictee Ahmed Haroun in a UN helicopter, and if it should engage with Sudan's defense minister, recently indicted for war crimes by the ICC. Video here, from Minute 19:57.

"They should be isolated," Ms. Bensouda said. "There are other people in the government the UN could deal with. Especially with respect to this one, where there was a Security Council referral, the UN should not be dealing with them directly."

So, Inner City Press asked, was the UN flying Haroun in a helicopter a mistake?

"I think we made our objections known," Bensouda answered.

But the UN Department of Peacekeeping Operations, run for the fourth time in a row by a Frenchman, Herve Ladsous, has said that the Defense Minister is the Defense Minister, who must be engaged with in pursuit of the mandates of the UNAMID and UNISFA missions. So did the ICC make its position on international law clear to Ban Ki-moon's UN?

Inner City Press also asked Bensouda about Yemen and Kenya. Video here, from Minute 8:10. On Yemen, she said that Ali Saleh being subject to indictment depends on the timing of Yemen joining the ICC in the future. So even for crimes committee this year, could Saleh have immunity?

On Kenya, Inner City Press asked how she would proceed against the "Ocampo Six," and if she thinks that trial in The Hague would make violence more or less likely after the next elections.

Bensouda endorsed Ocampo's approach, and said that due to problems is witness protection if trials were held in Kenya, her move is to hold the trials in The Hague.

Inner City Press' was the last question; no more were allowed. One would have liked to ask if witness protection wouldn't similarly be a problem in Libya. And how Bensouda will proceed against alleged war criminals with dual citizenship, one both a party and a non-party, such as several people responsible for war crimes in Sri Lanka. Next time. Watch this site.