The Vacant Seat of Afghanistan at the ICC

A short Report on the ICC Assembly of States Parties (ASP), the Hague, Netherlands. November 2009

Niamatullah Ibrahimi

This year I had the opportunity to attend the Assembly of States Parties (ASP) of the International Criminal Court (ICC) as a representative of the Afghanistan Watch. The organization has recently been chosen as the Focal Point of the Coalition for the International Criminal Court (CICC) in the country.

The CICC is a global alliance of civil society organizations that have for years been extensively campaigning for the establishment of a fair, independent and effective international criminal court. Perhaps, it is the largest international civil society network with 2500 NGOs members spread around the world. Its extensive experience and reach has placed it in a unique position to further the campaign for ending impunity for some of the most atrocious crimes of international concern.

Alongside the ASP every year, the CICC organizes global and regional strategy and expert meetings and interact with and lobby the Court and state officials on emerging issues critical for functioning of the ICC as international criminal justice mechanism.

The event took place at the World Forum Convention Centre at The Hague, Netherlands from 17 to 25 November 2009. In addition to its normal annual agendas, the ASP discussed and considered proposals by its members for the Review Conference to be held in Kampala Uganda in 2010. A key objective of the Review Conference is to reach an agreement on definitions of the crime of aggression in relations between the states.

This was the eight ASP since it was first convened in September 2002. During the period the membership of the Court has steadily been growing an indication of increasing awareness of the need for an international mechanism for prosecution of the most serious crimes. Today, there are 110 States Parties to the Rome Statute and a total of 130 that have signed it.

In February 2003 by ratifying the Rome Statute, the document establishing the ICC, Afghanistan became a member state accepting its jurisdiction over war crimes, crimes against humanity and genocide that could take place in its territory. Under the Rome Statute the Court will prosecute these crimes perpetrated in Afghanistan if the Afghanistan State shows it is unable to unwilling to do so.

However, the Afghanistan Government failed to send its delegate to the ASP and its seat remained vacant throughout the period. This is regrettably a sign of how much Afghanistan is committed to fulfilling its international obligations and participating in the fight against impunity at the national and international level. This is despite the fact that our recent history is the most telling example of the need for an international mechanism of addressing the most heinous crimes.

Currently, the Court is investigating four cases and situations in the Democratic Republic of Congo, Uganda, the Central African Republic and the situation of Darfur in Sudan. In addition to these, the Office of Prosecutor of the ICC is analyzing the situations in Afghanistan, Chad, Colombia, Côte d'Ivoire, Georgia and Kenya.

Based in Kabul, the Afghanistan Watch focuses on activities that promote justice, respect for human rights and a culture of accountability and transparency in the country. Recognizing the need for greater understanding of the perils and opportunities facing Afghanistan today, the organization aims to conduct in-depth research and publish reports and papers on issues relevant to its goals and values independently or in partnership with other national and international organizations.

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International Relations and Security Network(ISN) / Security Watch
14 December 2009

Middle East Institute Viewpoints: Afghanistan, 1979-2009: In the Grip of Conflict • www.mei.edu
By: Abdul Jalil Benish, director of Afghanistan Watch

Impunity in Afghanistan is like an unwritten law which benefits the wealthiest and most powerful criminals.Read More

Niamatullah Ibrahimi, Co-Founder of Afghanistan Watch writes on The Relevance of the ICC in the Context of Afghanistan in the ICC Monitor, the Journal of the Coalition of the International Criminal Court

The relevance of the ICC has been keenly felt in Afghanistan since 2001. During this period, human rights violations have continued unabated, a culture of impunity and lack of accountability has been further entrenched, and the Afghan state has displayed a chronic lack of commitment to hold accountable those responsible for heinous crimes and massive human rights abuses.
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