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Bruno Cathala of France, which offered to trade votes with a now withdrawn unqualified candidate's country, still refused to drop out.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.

French Deal to Support Unqualified ICC Candidate for Cathala Nears Consummation; Mini Profiles of Other Candidates

By Matthew Russell Lee

UNITED NATIONS, December 9 -- The electoral race to fill six judge positions at the International Criminal Court has been a typical UN affair, with candidates' countries seeking face time if not promises of support by hosting and attending receptions, doling out lamb chops, making grandiose claims.

But both the outgoing and income Presidents of the ICC's Assembly of State Parties say that vote trading is not supposed to take place. Nevertheless, as Inner City Press exclusively reported in late October, France offered to support a candidate found to be unqualified if his country would support the French candidate Bruno Cathala.

The candidates for the six ICC judge seats were reviewed by the Independent Panel on International Criminal Court Judicial Elections and four -- from Tunisia, Cyprus, Costa Rica and Mexico -- were found to be "unqualified."

But when one of the "unqualified" candidates met with France to try to make his case, he tells Inner City Press that he was surprised to be offered a deal: that if his country committed to vote for the French candidate, he could count on France's vote.

On December 8 Inner City Press learned from the country of the unqualified candidate that the one certainty is that they will vote for France's Cathala, performing their part of the exposed but still in place deal.

France styles itself a champion of international criminal justice and accountability. But just as it asserted itself to place atop UN Peacekeeping Herve Ladsous, the chief of staff of foreign ministers Alain Juppe and Michele Aliot-Marie including when she flew on planes owned by cronies of Tunisian dictator Ben Ali, it is seeking to its candidate Bruno Cathala as a judge on the ICC. Will it work?

Colombia, a country nearly targeted by the ICC, has put forward a candidate, Eduard Cifuentes Munoz. Colombian officials up from Bogota to push the campaign explained that as a country that has wrestled with war crimes, Colombia may have lessons to teach others. The country has pursued the judicial opening aggressively.

Another sample campaign has been for the Philippines' Miriam Defensor-Santiago. On Friday, December 2 generally well liked and earnest Permanent Representative Libran N. Cabactulan of the Philippines threw a reception in the General Assembly lobby complete with wine, lamb chops and samosas.

Available at the reception were excerpts from court decisions, some by Miriam Defensor-Santiago and some citing her, for example a decision in Republic of the Philippines versus Marcos.

Inner City Press asked Miriam Defensor-Santiago if she thought the ICC should indict at least some non-African leaders, to move away from the perception that only Africans are targeted by the Court. "I don't know," she answered, "that remains to be answered by the major powers."

To some, this is a troubling answer; others question some of her jokes about gender differences and secret love children. She faces a single opponent from Cyprus for the Asian group seat.

The Cypriot candidate was ruled "unqualified" by an NGO convened panel, though some knowledgeable sources question that rating since the candidate is well versed in family law including abuse and other quasi-criminal matters.

But it has been a troubling campaign, complete with France offering its support to an unqualified candidate as a trade for votes for Bruno Cathala. How might this taint the ICC? Watch this site.

UK Candidate for ICC Judge Runs on ICTY Record Alongside Others' Lamp Chop Diplomacy

By Matthew Russell Lee

UNITED NATIONS, December 9 -- With the election of six new International Criminal Court judges set to begin on December 12 the timeliness of the issues at stake and the banality and constraints of the electoral campaigns could be exemplified by any number of candidate: but this mini portrait focuses on the British candidate Howard Morrison.

For weeks Inner City Press has seen Morrison campaigning, at receptions and on the margins of the International Law Committee and International Court of Justice elections in the General Assembly. Finally on December 9 Morrison sat down for an interview, accompanied by a diplomat from the UK mission.

The interview took place a canape's throw from the concluding speech and reception of the Philippines candidate, Miriam Defensor-Santiago, complete with crab cakes and lamb chops. Morrison looked tired. The process could be better designed, Morrison said several times.

Morrison said that while the ICC deals with human rights, it is a senior criminal court and the judges selected should be ready to work from Day One. He emphasized his experience prosecuting or defending some 3000 cases, being a judge in the Birmingham Crown Court and since 2009 at the International Criminal Tribunal for the Former Yugoslavia.

He said that even as a recorder, a part time judge in the UK, he was authorized to try rape cases. He went to the "prep-comm" of the ICC in 2000 to lobby for the proposition that defense lawyers should be an organic part of the ICC. He got "sucked in," he told Inner City Press, and is now running for a ICC judgeship.

He faces more opponents, from both Africa and the Western European and Other Group for a mere two seats than does Miriam Defensor-Santiago, who faces a single opponent from Cyprus for the Asian group seat.

The Cypriot candidate was ruled "unqualified" by an NGO convened panel, though some knowledgeable sources question that rating since the candidate is well versed in family law including abuse and other quasi-criminal matters. Inner City Press asked Morrison about the panel but he declined to speak about its findings or other candidates.

To be fair, Inner City Press asked Morrison about a critique of his work on the ICTY, that he was involved as a defense attorney for some of the witnesses in the trial he now sit on. He said that the ICTY's trials have many of the same witnesses, so some overlap is inevitable, and that no one ever brought a recusal motion.

Morrison did not say, but Inner City Press will, that the process for election ICC judges does not seem designed to choose the best candidates. As Inner City Press exclusively reported in late October, France offered to support a candidate found to be unqualified if his country would support the French candidate Bruno Cathala.

On December 8 Inner City Press learned from the country of the unqualified candidate that the one certainty is that they will vote for France's Cathala, performing their part of the exposed but still in place deal. Click here for that, and watch this site.