Statement of the President of the International Criminal Court on the Occasion of Human Rights Day On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), naming the ‘inherent dignity’ and the ‘equal and inalienable rights of all members of the human family’ as the ‘foundation of freedom, justice and peace in the world’. This ground-breaking text laid out rights that apply regardless of race, religion, gender or socio-economic status. Since then, the international community has been striving to implement these ideals in a concrete way, adopting various legal instruments to this effect. The Rome Statute of the International Criminal Court (ICC), adopted in 1998, reflects the values of the UDHR, and the ICC’s activities serve to defend some of the essential rights enumerated by the Declaration. The ICC has jurisdiction over genocide, crimes against humanity and war crimes, meaning that it can investigate and prosecute, for instance, violations of the right to life and liberty and violations of the prohibition of torture and slavery. By creating an international criminal court of last resort to deliver justice when national systems are unwilling or unable genuinely to do so, the Rome Statute aims at providing a consistent and comprehensive answer against impunity for the most serious international crimes. The ICC is now in its 13^th year of existence and has never been busier. 122 States have ratified the Rome Statute – almost two-thirds of the world’s sovereign nations. The ICC’s caseload is constantly expanding and breaking new ground. Final convictions were issued this year against individuals for attacking and killing civilians and the use of child soldiers. Almost 10,000 victims have been represented in proceedings and over 110,000 have been assisted by the Trust Fund for Victims. As such, the ICC’s activities are having a significant impact not just on individuals prosecuted before the Court, but also on the tens of thousands of direct victims and millions of people in the affected communities and societies. The ICC is thus truly helping to realise the UDHR’s vision by ending impunity, preventing future crimes and providing justice to victims. This mission would however be better fulfilled if all States ratified the Rome Statute, thereby allowing it to achieve true universality. Human Rights Day is an opportunity for us all to reflect on the progress that has been achieved since the adoption of the UDHR; but also on what remains to be done. In the wake of WWII, the Universal Declaration was drafted by visionaries. As one of the most recent additions to the mechanisms that seek to make this vision a reality, the ICC is helping to uphold human rights and dignity, and to deliver a credible promise of greater respect for and adherence to human rights everywhere.

Saif Al-Islam Gaddafi Case: ICC Pre-Trial Chamber I issues non-compliance finding for Libyan Government and refers matter to UN Security Council On December 10th  2014, Pre-Trial Chamber I of the International Criminal Court (ICC) issued a finding of non-compliance by the Government of Libya with respect to the non-execution of two requests for cooperation transmitted by the ICC, and decided to refer the matter to the Security Council of the United Nations. The Chamber found that Libya has failed to comply with the requests by the Court: (i) to surrender Saif Al‑Islam Gaddafi to the Court; and (ii) to return to the Defence of Saif Al-Islam Gaddafi the originals of the documents that were seized by the Libyan authorities from the former Defence counsel for Saif Al-Islam Gaddafi in June 2012 in Zintan, and to destroy any copies thereof. The Chamber stressed that both outstanding obligations are of paramount importance for the exercise by the Court of its functions and powers under the Rome Statute and that the non‑compliance by Libya effectively prevents the Court from fulfilling its mandate, including its duty to protect the rights of the parties and the interests of victims. The Chamber recognised that throughout the proceedings, Libya demonstrated in several respects its commitment to the Court and made genuine efforts to maintain a constructive dialogue. The Chamber also noted the volatile political and security situation in Libya and stated that it was sensitive to the serious difficulties that Libya is currently facing. The Chamber emphasized that its decision was only based on the objective failure to obtain cooperation. It was not intended to sanction or criticize Libya but solely to seek the assistance of the Security Council to eliminate the impediments to cooperation.

ICC Prosecutor Fatou Bensouda during an event to mark the official launch of her Office’s Policy on Sexual and Gender-Based Crimes, at the United Nations (UN) in New York, on 7 December 2014.

ICC Prosecutor, Fatou Bensouda, launches Policy on Sexual & Gender-Based Crimes: Ensuring victims have a voice in court today can prevent these crimes tomorrow #EndSexualViolence. On Sunday, December 7 at the United Nations (UN) in New York, the Prosecutor of the International Criminal Court (“ICC” or the “Court”), Fatou Bensouda, hosted an event to mark the official launch of her Office’s Policy on Sexual and Gender-Based Crimes and to stress the need to end impunity for such egregious crimes.  Sexual and gender-based crimes take place in conflict zones around the world with alarming intensity and frequency. “It is my duty as ICC Prosecutor to challenge the culture of impunity that allows sexual and gender-based crimes against girls and women, boys and men, in conflict and peace-time, to persist,” said Prosecutor Bensouda. The Policy, the first and most comprehensive of its kind adopted by an international institution, aims to strengthen the Office’s capacity to investigate and prosecute perpetrators of sexual and gender-based crimes falling within the Court’s jurisdiction in a systematic and comprehensive manner, and to enhance the integration of a gender perspective and expertise in all aspects of operations. First unveiled in June this year, the Office’s Policy Paper on Sexual and Gender-Based Crimes is the product of extensive external consultations, including with relevant agencies of the UN, States Parties to the ICC, civil society and academia. “To date”, said the Prosecutor, “the Court has charged 17 individuals implicated in our cases with gender related crimes, whilst specific charges of sexual violence were proffered in 70 per cent of our cases. These high numbers illustrate the prevalence of such horrific acts. They also highlight the commitment to hold the perpetrators of such crimes accountable, and in the process, to send a strong message that the culture of impunity for such crimes will  be met with the full force of the law. We will continue on this path.” A number of high-level dignitaries and activists participated in the launch event, including: H.E. Catherine Samba-Panza, President of the Central African Republic; H.E. Mr. Zeid Ra’ad Zeid al–Hussein, UN High Commissioner for Human Rights; H.E. Mrs. Zainab Hawa Bangura, Special Representative of the UN Secretary-General on Sexual Violence in Conflict; H.E. Mr. Sidika Kaba, Minister of Justice of Senegal and incoming President of the Assembly of States Parties to the ICC; H.E. Ambassador Tiina Intelmann, outgoing President of the Assembly of States Parties to the ICC; Ms. Angelique Kidjo, Grammy Award-winning singer-songwriter and UN Goodwill Ambassador and Ms. Brigid Inder, Special Gender Adviser to ICC Prosecutor. The event was also attended by representatives of States and non-States Parties to the ICC, as well as, amongst others, civil society and academia. The event was sponsored by Open Society Foundations, the Institute for 21st Century Questions an Humanity United. Addressing assembled guests, including representatives of UN Member States, Prosecutor Bensouda stressed that unified action must be taken at both the national and international level by all relevant actors.  “We must relentlessly pursue accountability, domestically and internationally and send a clear, strong, and consistent message that in this new era of international criminal justice, sexual and gender-based crimes are serious crimes, which will neither be tolerated nor ignored,” she said. “The victims of such devastating crimes will not find solace in our words and promises, but in what we manage to deliver in concrete terms. We must end sexual and gender-based crimes, and I am confident, together, we can .”