Defence in ICC Darfur Case Claims Prompt Reparation for Victims in Darfur Situation
Cyril Laucci
Lead Counsel for Mr Ali Muhammad Ali Abd-Al-Rahman; Registrar at EMBL; Director at The Legal Carpentry
On 17 July 2020 - International Justice Day -, the Defence for Mr Ali Muhammad Ali Abd-Al-Rahman (ICC Darfur Case ICC-02/05-01/20) submitted a Request and Observations on Victims Reparations pursuant to Article 75(1) of the Rome Statute (ICC-02/05-01/20-98, in French). Throughout 56 pages, the Defence submits that the Rome Statute and other ICC provisions offer a legal basis for reparations proceedings to be conducted before Pre-Trial Chambers in charge of the relevant Situation proceedings without waiting for the outcome of the trial and without conditioning reparations for victims to the conviction of an Accused. The Defence submissions rely on the relevant provisions of International Law on the right of victims to reparation, a comparative study of the legislation and practice in 19 countries belonging to various legal systems of the world, the analysis of relevant ICC provisions and the principles of reparations established by ICC case law in the various cases so far to conclude that the only way of complying with Article 75 right of victims to adequate, effective and prompt reparations before ICC is to implement it right as early as the preliminary phase in Situation proceedings. Draft additional principles of reparations are submitted for consideration and adoption by the Court under Article 75(1). The Defence further invites the Court to seek Amicus Curiae submissions from organisations and individuals involved in the promotion of victims rights on that issue, pursuant to Rule 103 of the Rules of Procedure and Evidence. Will they use this unique opportunity to promote the right of victims to reparations before the Court? To be followed...
Lead Counsel for Mr Ali Muhammad Ali Abd-Al-Rahman; Registrar at EMBL; Director at The Legal Carpentry
4 年On 9 September, the Defence filed its appeal against the Decision dismissing its Request and Observations on Reparations for victims. The Defence prays the Appeals Chamber to affirm Pre-Trial Chamber II's competence to consider the proposed Additional Principles on Reparation for Victims offering reparations to victims without conditioning it to the outcome of the criminal proceedings. At paragraph 40 of the Appeal, the Defence specifically calls for international organisations active in the promotion of victims' rights, like Redress, Amnesty International, Human Rights Watch, Fédération Internationale des Droits Humains, Avocats-Sans Frontières and others, to file Amicus Curiae Briefs on the proposals of the Defence and the competence of the Court to consider these. Let's see if those organisations will be more reactive than in July 2020 and seize that opportunity to accomplish a huge progress in the affirmation of the right of victims of crimes to reparation...
Lead Counsel for Mr Ali Muhammad Ali Abd-Al-Rahman; Registrar at EMBL; Director at The Legal Carpentry
4 年On 31 August 2020. the Single Judge granted leave to appeal his decision on the Defence Request of 17 July on the principles of reparations. The Appeal Brief shall be filed by 10 September 2020.
Lead Counsel for Mr Ali Muhammad Ali Abd-Al-Rahman; Registrar at EMBL; Director at The Legal Carpentry
4 年On 27 August 2020, the Office of the Prosecutor has responded to the Defence request on Reparations and requested its in limine rejection. Once again, the position of OTP was submitted without complying with its own Regulations requiring the prior consultation of victims. Let's pray Chambers will have more consideration for victims than the Prosecutor and will listen to their voice prior to making their determination on the proposed reparations principles.
Lead Counsel for Mr Ali Muhammad Ali Abd-Al-Rahman; Registrar at EMBL; Director at The Legal Carpentry
4 年On 24 August 2020, the Defence filed a Notice of Appeal of the Decision denying the Request on Reparations for Victims before the Appeals Chamber under Article 82(1)(a) and an application for leave to appeal the decision before Pre-Trial Chamber II under Article 82(1)(d). In substance, both applications submit that the Single Judge acted without authority when he denied the Request on the ground that the PTC had no jurisdiction to rule on it. The Defence elected to follow both appeal procedures in order to make sure that it did not miss any opportunity to have its Request on Reparations for Victims considered by the Appeals Chamber. The Defence will carry on doing its maximum to promote the right of victims to reparations irrespective of the outcome of the criminal proceedings. Those willing to support are still welcome to do so before the ICC Appeals Chamber.
Lead Counsel for Mr Ali Muhammad Ali Abd-Al-Rahman; Registrar at EMBL; Director at The Legal Carpentry
4 年On 18 August 2020, the Single Judge dismissed the Request on Reparations for Victims in limine (ICC-02/05-01/20-117) on the ground that the Pre-trial Chamber would have no jurisdiction to rule on it and that the Request would fall out of the Defence prerogatives and duties. The cause of victims and the Court deserve better. The Defence will appeal and will carry on using all means in order to promote the right of victims to reparations irrespective of the outcome of the criminal proceedings. All those willing to support are welcome.