By Silvia A. Fernández de Gurmendi, ICC President.
As the new President of the International Criminal Court I have been entrusted with the great responsibility of overseeing the proper administration of the Court and thereby helping to ensure fair and impartial justice in situations where atrocious crimes have occurred and there is no other recourse to justice.
The ICC hears cases regarding war crimes, crimes against humanity and genocide. Its goal is to bring to justice those responsible for these crimes, and to help prevent such crimes from occurring again. Its mandate is clear, and the Court is determined to meet these goals. Yet it will not be easy, will not happen overnight, and most importantly, will not be possible without global cooperation and support.
As a judicial institution, the International Criminal Court is a distinct kind of international organisation, since independence from external influence is essential to its identity and achievement of its goals. Without independence, its raison d´être is compromised. The Court and the international community share the responsibility of upholding at all times the independence of the Court, which is vital for its credibility and legitimacy
At the same time, as the ICC’s first President Judge Kirsch once said, the Court is both independent and interdependent. States and organisations have a crucial role in allowing the Court to fulfil its core mandate. Non-cooperation or lack of timely cooperation significantly affects the Court’s ability to collect evidence, protect witnesses or arrest its suspects in the situations and cases that are brought before it. Likewise, without cooperation, the Court cannot provide adequate reparations to victims and ensure awareness and understanding of its work by affected communities and society at large.
In other words, without cooperation, the Court can neither be efficient nor effective. However, cooperation may not be forthcoming or may diminish if potential supporters lose confidence in the ability of the Court to deliver high quality justice. Both aspects – cooperation and performance – are interrelated.
With respect to its performance, the proceedings of the Court are perceived as too lengthy, and not as efficient or effective as they should be. This perception must be addressed, as it poses a potential risk to our ability to gain and maintain support and cooperation. This in turn would jeopardize the ability of the Court to enhance the quality of its operations. While many delays and difficulties may derive from factors beyond the Court’s control, the Court needs to identify and address the problems that are indeed within its powers to resolve.
There is, for this reason, a compelling need for the Court to undertake wide-ranging reforms to improve its operations. Important initiatives are already underway within each of the Court’s organs. The Prosecutor is implementing a new Strategic Plan adopted two years ago. The Registrar has launched a project to restructure and streamline the Registry. The Judges have embarked on a “lessons learnt” process to take stock of the Court’s judicial practice and to propose amendments to its legal texts, if needed.
The legal system of the Court is based on a combination of elements derived from different legal systems and traditions; thus, any amendments to its provisions should take into account the need to preserve its hybrid character. One fundamental aspect is the unprecedented role granted to victims of the crimes who may participate in the proceedings to express their views and concerns and seek reparations for the damage suffered.
The interpretation of this unique and innovative system has raised considerable legal and management challenges, and the various ICC chambers have given different responses to problems that were raised during the first years of the Court’s existence. Twelve years down the road, it is now urgent to assess results and seek to identify best practices and harmonize solutions. In light of our past experience, I believe that, rather than piecemeal revision of individual provisions of the legal texts, it is necessary to address the proceedings in a holistic manner, with a view to diagnosing practical problems and proposing comprehensive remedies.
As part of a court-wide effort to improve its operations, inter-organ discussions have also started to develop performance indicators that may serve to assess and improve the operations of the Court. It is important to develop a coherent, court-wide vision of how best to ensure high quality of justice at the ICC. This is not a simple task as there are inherent difficulties in evaluating the performance of a court, in particular an international criminal court.
While acknowledging these and other difficulties, we must all recognize that the challenges the Court and the international community currently face have multiplied and their nature has changed. Not too long ago, the international community wondered whether the creation of Court was at all possible and, after its inception, whether it would ever become relevant.
The Court has indeed become relevant as the concept of accountability for international crimes and the importance of a justice component in the settling of conflicts are now recognised. The role of the Court in ensuring this accountability is also increasingly recognised. The central question today is whether the Court is sustainable and whether its relevance will be maintained and continue to grow in the years ahead. As said, the sustainability of the Court will require the combined efforts both of the institution itself and of the global community since both aspects – performance and cooperation are intertwined.
As the new ICC President, my priority is to contribute to the Court’s sustainability by seeking to enhance the efficiency and effectiveness of its performance. I trust that broad support and cooperation with its activities will be forthcoming. I also hope that States and organisations will deploy all necessary efforts to enhance the universality of the Court. While a significant number of States have now joined the ICC, the Court has not yet achieved universal participation, which is essential for the effective exercise of its global mandate.
Judge Silvia Fernández de Gurmendi took office as the President of the International Criminal Court on 11 March 2015.
