Contributing to the fight against impunity in the Americas

ASF supports the creation of a Pan-American Network on international criminal justice in collaboration with Avocats Sans Frontières Canada (ASFC).

On the 28th and 29th of July 2011, a first meeting between experts in international criminal justice took place in Bogotá, Colombia, as part of ASF’s project Promoting the Rome Statute System and enhancing the effectiveness of the International Criminal Court (ICC).During the two day seminar lawyers, amongst whom representatives of human rights NGOs from seven countries in the region*, shared their expertise in the application of international criminal law, human rights and the different international and national legal systems. The project coordinator, Luc Meissner, attended the event and provided a global presentation of the project.

There is little awareness about the work of the ICC in the Americas. How do you explain this ?

Luc Meissner: The focus of ongoing ICC investigations and proceedings on Africa and their media coverage may have obscured discussions about the Court elsewhere. However, the ICC has opened preliminary examinations in relation to crimes committed in Colombia and Honduras and  NGOs are active  in the promotion of the ratification and implementation of the Rome Statute in the Americas. The Rome Statute has been ratified by the majority of countries in the continent but there are still some key countries missing such as the United States but also El Salvador, Guatemala, Haiti and Nicaragua. It is to be recalled that, unfortunately, large scale atrocities have been committed in  the Americas in recent past. These include, the crimes against humanity committed in the nineties in Peru under the presidency of Fujimori (missing persons, massacres, forced sterilisations of indigenous women), attacks against the Maya population in the eighties in Guatemala, and, of course, the current situation in Colombia, where serious human rights violations are being committed in remote rural areas.

 

ASFC training the Wiwa people on environmental right in Cherwa Sise, Nord-Colombia - © ASFC

How can a Pan-American Network contribute to the fight against impunity ?

L.M. : This network is an opportunity for the exchange of expertise, information on complementarity and experiences between countries that will allow them to investigate, pursue and punish those responsible for international crimes. The network will also contribute to mutual capacity building and the identification of common challenges in order to improve advocacy actions in each country. Take the example of Guatemala and Argentina: their legislative frameworks and contexts are quite different. The goal in Guatemala being the ratification of the Rome Statute, the ICC and NGOs are conducting advocacy actions around that theme, whilst in Argentina, ratification and integration in the national legislation have already taken place. The objective of integration in the national legislation and the experience of national jurisdictions could serve as a possible model for other countries. 

How did ASF participate to the launch of this network?

L.M. : This regional activity is part of a global project for the promotion of the Rome Statute and enhancement of the effectiveness of the ICC developed by ASF in partnership with ASFC and financed by the European Union. The establishment of networks with similar goals are foreseen in French and English speaking Africa. ASF also has significant experience in the representation of victims of international crimes in DR Congo and in capacity building. We would like to use and share this knowledge with other countries to enforce their capacities. The project also symbolises the first concrete and close collaboration between ASF and ASFC. The latter has a permanent mission in Colombia which facilitates the realisation of the activities.

What does the future entail?

L.M. : The building of the Pan-American Network is an important step in the fight against impunity at a regional level. A follow-up meeting is foreseen in  2012. Meanwhile, the exchanges between the members of the network are stimulated and advocacy actions will be conducted by the members as well as ASFC and ASF. Other activities will be led with a view of improving knowledge about the work of the ICC in Colombia and in other countries.

For more information on the ASF Programme International Justice

For more information on the Colombia mission of ASFC (website in French)

* Representatives from Colombia, Honduras, Guatemala, Mexico, Peru, Argentina and Chile were present.

Images of the meeting on 28 and 29 July in Bogota, Colombia © ASF - Luc Meissner

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