New Leadership, Old Challenges at the ICC

This summer I am interning with the Open Society Justice Initiative, part of George Soros’ Open Society Foundations, in the far-flung locale of New York City (approximately four blocks from the Leitner Center). Though the Foundations’ main focus is grantmaking—giving away nearly a billion dollars a year to various human rights causes—the Justice Initiative essentially functions as an international public interest law firm, engaging in research, advocacy, and strategic rights-based litigation in national and international courts around the world. In addition to its de facto headquarters in New York, there are sizable Justice Initiative offices in Budapest, London, and DC, as well as a roving pack of lawyers, researchers, and trial monitors elsewhere. I am working specifically with the International Justice Program, doing research and writing on the International Criminal Court.

Now entering its second decade of operation, the International Criminal Court has one conviction and one acquittal. Such a batting average is uninspiring to even the Court’s most ardent supporters, especially as it is estimated that by 2015 it will have cost over $1.6 billion. In addition to its record, civil society commentators and member states alike have criticized the Court for investigatory blunders, insufficient outreach, and a perceived bias against Africa. If the ICC is meant to be the permanent international court of criminal justice it needs to be more efficient and effective. With the recent appointment of its second Chief Prosecutor, Fatou Bensouda of the Gambia, and other high-level Court administrators, the Court and its supporters are taking the opportunity to push for systemic changes to its operations. 

I recently attended a briefing at the offices of the Coalition for the ICC by one of those incoming Court administrators, the new ICC Registrar Herman von Hebel. This is a person under tremendous pressure to secure a budget that will support robust investigations and successful prosecutions, in addition to instituting a reliable witness protection program (time ran out before I could ask about the alleged sexual assault of witnesses by an ICC employee in the DRC) and heading outreach efforts. I had attended a similar briefing (same conference room, many of the same attendees, same Mr. von Hebel) in April in my capacity as an intern with Human Rights Watch, just before he was sworn in. In April he was cautiously optimistic and eager for input from the NGOs assembled, saying that he planned to streamline the Registry, prioritize outreach, and work to strengthen cooperation between the Registry and the Office of the Prosecutor.

Herman von Hebel being sworn in as ICC Registrar, April 18, 2013 © ICC-CPI

Three months later, after having confronted the reality of ICC bureaucracy, I half-expected to encounter a defeated man. However, though besieged from all sides by state donors and frustrated civil society groups, Mr. von Hebel seemed fired up, not beaten down. While acknowledging the Court’s continued shortcomings, he outlined concrete proposals for structural changes within the Registry and field offices, double-digit percent budget increase, and a core focus on outreach. The Registrar’s perspective mirrors that of the most effective civil society participation (the Open Society Justice Initiative’s ICC work surely included): optimistic yet realistic, self-aware, open to criticism, and constructively critical themselves. With the tactful support of civil society, the Court’s new leadership will hopefully be able to translate their vision into successful prosecutions of the world’s worst criminals.