23rd Assembly of States Parties to the International Criminal Court Side Event
Friday 6 December, 08:30 – 09:45h
Asia Room, World Forum, Den Haag
Sponsored by the Kingdom of the Netherlands
Facilitated by Legal Action Worldwide (LAW) and the Clooney Foundation for Justice (CFJ)
Overview
During the 23rd session of the Assembly of States Parties (ASP23) to the International Criminal Court (ICC), Legal Action Worldwide and the Clooney Foundation for Justice will host a side event exploring how civil society organizations (CSOs) and domestic prosecutors can contribute to international justice efforts in partnership with the ICC. This event will examine how national actors and CSOs are advancing universal jurisdiction (UJ) litigation while simultaneously supporting investigations by the ICC Office of the Prosecutor (OTP). The side event will be sponsored by the Kingdom of the Netherlands.
This side event will examine the role of CSOs in proceedings before domestic courts under the principle of UJ and in international proceedings. As case studies, it will examine situations in Myanmar, Ukraine, and Venezuela and extract lessons learned for other situations, such as Sudan. Panelists will discuss how domestic and international criminal investigations can and must complement each other when addressing the same contexts—and how CSOs play a key role in advancing justice for atrocities at both levels.
This dual approach is a key feature of the OTP’s new Policy on Complementarity and Cooperation (“Policy”). The Policy emphasizes the need for the OTP to develop and maintain strong partnerships with State actors and CSOs, to support justice efforts at a national level while still pursuing its own mandate to investigate and prosecute the most serious international crimes.
Panelists will consider how CSOs and prosecutors in Member States can contribute to this dynamic notion of complementarity. They will explore the legal frameworks, practices, and jurisprudence that allow CSOs to play an essential role in UJ cases, creating opportunities for justice and accountability at all levels.
Background
Under its new Policy, the OTP departs from its previously articulated complementarity policy and puts forward a “two-track approach” to complementarity. Its parallel principles — “partnership” and “vigilance” — emphasize the need for ICC and States Parties to coordinate their justice efforts. The Policy frames the OTP’s work as “informing, and as forming part of, a wider array of actions that can be carried out among a plurality of accountability actors.”2 UJ litigation is a key tool by which States can take such action. By reimagining complementarity as a collaborative endeavor, the ICC and State Parties can pursue multiple accountability avenues in one situation at the same time. Considering both the procedural framework and accompanying timelines in national systems versus those of the ICC and the pace of recent UJ case openings, the emerging trend is that UJ cases are being formally initiated at a faster pace than ICC cases, further making the case for the need for increased collaboration between international prosecutors, national authorities, and CSOs.
CSOs play a crucial role in international justice efforts. CSOs were involved in more than half of ongoing UJ cases in 2023.3 Their expertise extends far beyond investigating and filing UJ matters; CSOs are uniquely positioned to facilitate connections between survivors, domestic prosecutors, and ICC or other non-local actors. They may also provide crucial support that enables survivors to participate in proceedings at all levels. Because CSOs typically have existing ties with the communities they serve, they can help facilitate survivor-centered approaches to accountability.
CSOs have long bridged the gap between States Parties and the ICC. However, some commentators have noted that the Policy stops short of specifying how it plans to strengthen its dialogue with CSOs.4 Further clarity is necessary to ensure CSOs and domestic prosecutors are meaningfully included across justice processes, particularly as their roles relate to two-way evidence collection and sharing. The panelists will explore a range of situation countries and discuss lessons learned from supporting and engaging in international justice efforts alongside OTP investigations.
Agenda
00:00 – 00:05 Introduction/Welcoming Remarks(5 min)
00:05 – 00:50 Panel Discussion (60 min)
Panelists:
- Yasmine Chubin, Legal Advocacy Director, The Docket, Clooney Foundation for Justice
- Nick Leddy, Head of Litigation, Legal Action Worldwide
- Antonia David, Senior Program Manager, The Docket, Clooney Foundation for Justice
- Pubudu Sachithanandan, Trial Lawyer, ICC Office of the Prosecutor
- Anna J. van Dooren, Public Prosecutor International Crimes Unit, National Prosecution Service, The Netherlands
- Chantal Daniels, Cooperation Advisor, ICC Office of the Prosecutor (TBC)
