Brussels-Rome, 17 July 2024
On International Justice Day, commemorating the adoption of the Rome Statute of the International Criminal Court (ICC) in 1998, No Peace Without Justice (NPWJ) renews its commitment to support the work of the ICC and respect for the Rome Statute system.
NPWJ recently celebrated its 30th anniversary in the birthplace of the ICC Rome Statute, as it represented one of our first achievements and a milestone for international justice and human rights. The event served as an occasion to reflect on the current state of international law in a time where atrocities and violations of human rights are commonly treated with impunity and justice is increasingly denied. The NPWJ team and our partners have widely focused on the role of the ICC and the threats to its proper functioning, whether as a consequence of politically driven sanctions or underfunding. Moreover, they highlighted the relevance of collaboration within civil society, and between civil society and States, as a critical factor for implementing the rule of law and justice.
Since the beginning, NPWJ has advocated for the establishment and strengthening of the ICC, widely collaborating with the institution and other key stakeholders. We regularly cooperate with the court in policy discussions, including participation in public consultations undertaken by the Office of the Prosecutor (OTP), most recently on the revised policy on children, for which we were a member of the Expert Advisory Group, and the more recent new policy initiative to advance accountability for environmental crimes under the Rome Statute.
Over the past year, increasing conflict and a general worsening condition not only of the international justice environment but also the international legal order have prompted NPWJ to reaffirm the necessity to apply universal rules and principles of law.
For example, when ICC Prosecutor Karim A. A. Khan KC requested arrest warrants against representatives of Hamas and the State of Israel for war crimes and crimes against humanity, some members of the US Congress threatened to retaliate against the ICC. NPWJ issued, together with 121 other human rights and civil society groups, an open letter to President Biden to oppose the threats and calls for punitive actions against the ICC. The statement stressed the importance of preserving the independence of the Court to maintain its role as a “shield against human rights violations and abuses.”
Prior to these threats, NPWJ had already welcomed the request for arrest warrants, considering this action to be a clear stance against the political dynamics of impunity. As NPWJ President Tara O’Grady stated on that occasion, the priority is “to ensure robust outreach to the victims and populations in Palestine and Israel” and “allow the ICC to fulfil its mandate through cooperation of all States.”
In an effort to achieve accountability, on 4 June 2024, NPWJ filed a criminal complaint in Italy against Saudi Crown Prince Mohammed bin Salman, following news that he had been invited to the G7 Summit in Italy. The possibility of being arrested on Italian soil allegedly led to the cancellation of his visit. The news of Mohammed bin Salman’s arrival in Italy was alarming due to his direct responsibility for the torture and murder of journalist Jamal Khashoggi and his representation of the repressive regime in Saudi Arabia. Since Jamal’s disappearance, NPWJ has supported his partner, Hatice Cengiz, and his family and friends to seek Jamal’s release, until his murder was confirmed as having been orchestrated by bin Salman, at which point we began supporting them in their quest for Justice for Jamal. Once again, NPWJ acted according to the absolute necessity of enforcing international law, against any normalisation of impunity.
On a more positive note, NPWJ had the privilege of participating in the Legacy Conference of the Residual Special Court for Sierra Leone in February 2024, which gathered numerous stakeholders from Sierra Leone, the region and the world. The conference was an opportunity to reflect on the legacy of the Special Court for Sierra Leone, including its outstanding outreach work, and how that legacy might be strengthened and lessons learned harnessed to consolidate peace and justice in Sierra Leone and beyond. For NPWJ, having dedicated itself to the Special Court and to Sierra Leone since 1999 when we first cooperated with the Government of Sierra Leone in negotiations for the Rome Statute, this was a special occasion to see that while the wheels of justice might grind slowly, if the track is set properly, that slow grind can make an enormously positive impact for victims and affected populations.
On this year’s International Justice Day, we reaffirm the absolute need for civil society and State Parties to promote accountability and facilitate the effective, efficient and independent functioning of the ICC. As former ICC President Silvia Fernandez de Gurmendi stated during NPWJ’s 30th anniversary, the international community seeks justice, with more States aspiring to exercise universal jurisdiction over international crimes at the national level. International mechanisms are also being established to aid in the collection and preservation of evidence. In this evolving justice “eco system,” where both international and national courts play significant roles, “the Court, states, and civil society must join forces with all those involved in justice efforts to help consolidate this system.”
