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PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES COMMITTEE ON POLITICAL AND JURIDICAL AFFAIRS OEA/Ser.G CP/CAJP/SA.580/16 24 February 2016 Original: Spanish Summary of the meeting held on February 10, 2016 The meeting of the Committee on Political and Juridical Affairs (CAJP) held on February 10, 2016, was chaired by Ambassador Pedro Vergés, Permanent Representative of the Dominican Republic and Vice Chair of the Committee. The meeting agenda is contained in document CP/CAJP-3324/15 rev.3 corr.1. The statutory quorum was established with the presence of representatives of Argentina, Barbados, Bolivia, Brazil, Canada, Chile, Colombia, Costa Rica, Dominican Republic Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, United States, Uruguay, and Venezuela. The audio recording of the meeting can be found at the following link: http://scm.oas.org/Audios/2016/CP_CAJP_3324-02-10-2016.MP3 1. Introduction Ambassador Vergés referred to the mandates established by the General Assembly in resolution AG/RES. 2852 (XLIV-O/14), “Promotion of International Law.” The Director of the Department of International Law, Dr. Dante Negro, stated the importance of and exchange of letters for the establishment of a cooperation agreement with the International Criminal Court, pressed for the promotion of the Rome Statute, and underscored the objective of the meeting, which was to discuss cooperation measures between the International Criminal Court and the General Secretariat of the OAS. 2. High-level dialogue The high-level dialogue began with a presentation by Mr. James Stewart, Deputy Prosecutor of the International Criminal Court (ICC), who focused on the overarching vision of the ICC’s activities, its achievements and challenges, and the importance of cooperation between states in order for the Court to be successful. Mr. Stewart referred to the Court as the cornerstone of the Rome Statute and the instrument on which states could rely to prevent and prosecute the most serious crimes of international concern, emphasizing that as the court of last resort, the ICC would only intervene when a state was unable to administer justice for crimes of that nature. -2- He noted that the Office of the Prosecutor was in charge of preliminary examinations, which in many cases helped deter crimes; investigations, which were based on the quality of evidence and legal thought; and prosecution and appeals, areas in which the Court was busier than it had ever been. He said that the Court’s objective was to consolidate itself as an effective, independent, impartial, and competent institution in the international criminal justice system. Among the Court’s achievements he mentioned its ability to take effective legal action against some of the most notorious international crimes. Its main challenges had to do with cooperation, security, a shortage of funds, and interference with witnesses. Lastly, he thanked the delegations for following up on resolution AG/RES. 2852 (XLIVO/14), “Promotion of International Law,” and stressed the importance of legislation at the domestic level to promote the Rome Statute as well as political appetite to combat impunity, all within the common purpose of securing a more peaceful world. The delegations of Mexico, Uruguay, Costa Rica, Paraguay, Peru, Chile, Canada, El Salvador, Brazil, Argentina, Ecuador, Dominican Republic, Colombia, Panama, and United States took the floor to thank the deputy prosecutor for his presentation and acknowledge the effective work of the Court. Various delegations urged countries that had not yet ratified the Rome Statute to do so in order to achieve its universality, reaffirmed their support for the ICC expressed through the complementarity between the Statute and their national laws, and stressed the importance of fostering and strengthening cooperation. 3. Presentation by international organizations and civil society on the subject of measures to strengthen cooperation with the Court The Committee heard presentations from Mr. Anton Camen, Legal Advisor of the International Committee of the Red Cross delegation for Mexico, Central America, and Cuba; Ms. Minerva Tavárez Mirabal, Congressional Deputy of the Dominican Republic and President of the organization Parliamentarians for Global Action; Ms. Michelle E. Reyes Milk, Regional Coordinator for the Americas of the Coalition for the International Criminal Court; Ms. Susana SáCouto, Professor of International Law at American University’s Washington College of Law; and Mr. Felipe Michelini, Member of the Board of Directors of the International Criminal Court’s Trust Fund for the Benefit of Victims. Mr. Camen referred to the common goal of the ICC and ICRC, which was to guarantee the lives and integrity of persons in armed conflicts through international humanitarian law, and mentioned that the Committee achieved that through dialogue and persuasion. He also noted the ICRC’s collaboration with the Court through various mechanisms, such as visits to persons deprived of liberty. Ms. Tavárez highlighted the cooperation taking place between the Court and states, through measures to ensure the effectiveness of their efforts, such as signing voluntary cooperation agreements with the ICC, and supporting it with funds. She pressed for ratification of the Rome Statute and said that the OAS played an important leadership role where the ICC was concerned. Ms. Reyes underscored the cooperation between the OAS and the Court because of the message of unity that it conveys, and said that that cooperation should be reciprocal. She highlighted -3- the contribution of the IACHR in combating impunity and appealed for ratification of the Agreement on Privileges and Immunities of the International Criminal Court (APIC). Ms. SáCouto described the ways that non-party states could cooperate with the International Criminal Court, citing the example of the United States. Moreover, she noted that cooperation contributed to eliminating ambiguities and contradictions between the Rome Statute and national laws. Lastly, Mr. Michelini touched on the values shared by the OAS and the ICC, and urged them to continue working to strengthen the system. He mentioned that the purpose of the Statute was to put an end to impunity for the most serious crimes against humanity, and that states should ensure the Court’s independence. The Chair informed the Committee that the Department of International Law would prepare a report on the meeting, which would be distributed to delegations shortly thereafter, along with the presentations delivered. There being no further business to consider, the meeting was adjourned at 6:10 p.m. CP35545E05