Download 1 - PERMANENT COUNCIL OF THE OEA/Ser.G ORGANIZATION OF

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.
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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
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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.
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