English |Español |Français |Arabic |Browse documents by other languages

> Delivering on the promise of a fair, effective and independent Court > Review Conference of the Rome Statute > Stocktaking > Peace and Justice

Impact on victims and affected communities Complementarity Cooperation Peace and Justice

Although there is a common understanding among UN organs and the majority of the international community that there cannot be lasting peace without justice, among the central controversies surrounding the ICC are those claims that accountability efforts, including prosecution, can threaten ongoing peace efforts. Thus, the Review Conference provided an ideal opportunity to take stock and facilitate a grounded discussion on the role of the ICC in peace efforts.

This exercise necessarily took into account the unique position of the ICC holds as a permanent international criminal court mandated to investigate ongoing crimes. This distinct position raises unique challenges and questions regarding the role of the ICC in ongoing peace building efforts as well as in contributing to peace through deterrence.
The ASP Bureau’s Focal Points, Argentina, the Democratic Republic of Congo and Switzerland, organised this stocktaking exercise which included preparing a paper which includes a definition of the topic, a description of the substantive content, and provides an outline of the schedule planned.

The central focus was the need for balance in the ICC’s pursuit of the mutual goals of peace and justice. The panel discussions that were scheduled for the afternoon session on 2 June 2010 were framed around: the relationship between ‘peace and justice’ as referenced in the Preamble of the Rome Statute and within the UN system as valid and legitimate goals, as well as the importance of the future efficacy of the ICC as a fundamental element of peace. The panelists conveyed these themes through the panel presentations focused on international criminal justice, its challenges, the truth and reconciliation process as a complement to criminal justice, and safeguarding the interests of victims. Former President of South Africa, Thabo Mbeki was chosen as the keynote speaker and Ken Roth, Director of Human Rights Watch acted as moderator. Speakers included representatives from the UN, States Parties, experts in peace negotiations and civil society. In preparation for the panel discussion, the Focal Points had been focused on deepening the understanding of the topic’s substance (drawing on the Nuremberg Declaration on Peace and Justice), created background papers for the panelists, developed a way to facilitate participation from NGOs and representatives of affected communities, and worked towards securing a reference on the issue within the Ministerial Declaration.

The keynote speaker opened the event with a 15-minute presentation, followed by presentations by four diverse panelists. Afterwards, there was an interactive discussion between the panelists, the State Parties, international organizations, victims and other members of civil society. The outcome included a Chair’s summary of events and reference to the desirability of continuing discussions on ‘Peace and Justice’ within future session of the Assembly of States Parties. The entire event was complemented by side events, one of which was planned by the CICC as a lunchtime meeting on Thursday 3 June 2010.
The panel was scheduled for the morning session on Wednesday, 2 June 2010. Further developments were discussed at the resumed session and voted on by the Assembly prior to being presented at the Review Conference. Until then, the Focal Points concentrated on deepening the understanding of the topic’s substance (drawing on the Nuremburg Declaration on Peace and Justice), created background papers for the panelists, developed a way to facilitate participation from NGOs and representatives of affected communities, and looked into the possible inclusion of a reference on the issue within a Ministerial Declaration.

According to the CICC Team’s view, the outcome of the event contributed towards a broader understanding of the peace-justice dynamic as a mutually reinforcing relationship, subject to variable application in different contexts, and potentially a statement of principles to this effect.