international criminal court (icc) - one pager

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On June 19, the ABA IHRC will sponsor its Second Annual International Human Rights Lobby Day (#ABA_IHRLD2014) on Capitol Hill. ABA Members will meet with members of Congress and ask for their support on three international human rights issues that deserve domestic support and action. We have created one or two-pagers for each of the issues. This one asks U.S. Senators to increase their support of the International Criminal Court (ICC).

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Page 1: International Criminal Court (ICC) - One Pager

U.S. Engagement with the International Criminal Court

Building upon the legacy of the Nuremberg Trials and tribunals for the former Yugoslavia and Rwanda, the International Criminal Court (ICC) is the world’s only permanent international criminal tribunal created to end impunity for genocide, crimes against humanity and war crimes. With 122 State Parties and growing, the ICC in an independent court of last resort, only intervening when domestic jurisdictions are “unable or unwilling” to investigate and prosecute mass atrocities akin to the killing fields in Cambodia or the massacres now occurring in Syria.

While not a State Party to the Rome Statute – the foundational treaty of the ICC –, the United States’ foreign and national security interests are advanced by the ICC’s case work. Currently, the ICC is investigating and prosecuting mass atrocities in eight countries: Sudan/Darfur, Libya, Mali, Democratic Republic of Congo, Cote D’Ivoire, Kenya, Uganda, and Central African Republic. The U.S. government has determined these cases to be in its national interests, and has dedicated in-kind support to these cases.

The American Bar Association (ABA) has long supported the ICC and, most recently, passed policy encouraging the U.S. to engage with the ICC more robustly. In furtherance of these policies, the ABA provides legal trainings to the ICC, creates forums where American and international stakeholders in the ICC can discuss relevant issues, and develops advocacy and educational initiatives about the ICC at home and abroad.

The ABA urges the U.S. government to find concrete ways to advance the U.S.-ICC relationship. One such step has been the recent bipartisan-supported expansion of the Rewards for Justice Program at the Department of State to include ICC fugitives. Started by President Ronald Reagan, the Program provides financial rewards for tips that lead to the arrest, transfer or conviction of categories of international fugitives. With this expansion, the U.S. can now pay up to $5 million for information that leads to the arrest, transfer or conviction of ICC fugitives.

To further leverage U.S. investment in this Program, the U.S. government should help ensure that the ICC is the most efficient and effective judicial institution that it can be. This goal is particularly relevant given how young the ICC is as an institution and its limited budget, yet expanding work load. As such, the ABA:

Urges Congress to enable more robust U.S. support of the International Criminal Court, particularly support needed to make the ICC more efficient and effective, both in terms of cost and legal operations.

Urges Congress to amend §§ 705-706 of Public Law 106-113, the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, so that the U.S. is not prohibited to provide financial support to the ICC (institutionally and/or on specific cases) when the U.S. finds in its national security, foreign policy or strategic interest to do so.

American Bar Association ● Governmental Affairs Office ● www.americanbar.org/advocacy

ABA Contacts: Kip Hale, Center for Human Rights ● (202) 662-1594 ● [email protected] Kristi Gaines, Governmental Affairs Office ● (202) 662-1763 ● [email protected]