On 16 October, 2024 at the French Embassy in The Hague, the International Bar Association’s (IBA) International Criminal Court and International Criminal Law (ICC & ICL) Programme convened an expert roundtable to discuss state cooperation for the arrest and surrender of suspects accused of international crimes. Organised with the support of the Embassy of France in the Netherlands, the event brought together more than 65 ICC officials and States Parties’ representatives.

Mark Ellis, IBA Executive Director commented: ‘The ICC depends on the cooperation of its State Parties to arrest and surrender suspects. Without this cooperation, there are no trials, and no possibility of justice for victims of the most heinous crimes. This is a matter of the utmost importance for the Court's future. The IBA supports the Court and States Parties in their efforts to develop lessons learned for better cooperation.’

HE François Alabrune, Ambassador of France to the Netherlands, and HE Margareta Kassangana, Ambassador of Poland to the Netherlands and Vice-President of the Assembly of States Parties of the ICC, welcomed participants. In their opening remarks:

HE François Alabrune, commented: ‘As co-facilitator for cooperation of the Assembly of States Parties, the arrest and surrender of suspects continues to be a particular priority for France. Without this cooperation, the Court cannot play its essential role in the fight against impunity for the perpetrators of the most serious crimes. State support is a condition for the sustainability of this unique international criminal jurisdiction with universal vocation.

ICC Deputy Prosecutor Mame Mandiaye Niang delivered a keynote speech reflecting on the role of the Office of the Prosecutor in the tracking and arrest of suspects and how to improve state cooperation.

A panel of national and international experts then explored state cooperation with the ICC and other international courts and tribunals through questions that included:

• What lessons can be learned based on past and current experiences of state cooperation with the ICC?
• What are some successful examples of cooperation between states, the ICC and other courts and institutions?
• What are the obstacles to and incentives for effective cooperation between States Parties and the ICC?
• How can cooperation be strengthened?

The panel comprised:

• Rufina Khusniyarova, Judicial Cooperation Officer, ICC Registry
• Thomas Lynch, Senior Adviser to the Prosecutor, ICC
• Marie O’Leary, Acting Principal Counsel, ICC Office of Public Counsel for the Defence
• Brigadier General Jean-Philippe Reiland, Head of central office, Central Office for Combating Core International Crimes and Hate Crimes, French Ministry of Interior

The discussion was moderated by Kate Orlovsky, Director of the IBA Hague Office and of the IBA ICC & ICL Programme.

Ms Orlovsky stated, ‘This Experts’ Roundtable illustrated the complexities of arrest and surrender, which requires internal cooperation between the Office of the Prosecutor and the Registry, and external cooperation with national and regional authorities and agencies. It is of fundamental importance that, throughout the process, the rights of suspects are protected. We recommend that all ICC States Parties work closely with the ICC on these matters, and ensure their domestic legal frameworks enable full cooperation.’

Osvaldo Zavala Giler, ICC Registrar, and HE Ramatoulaye Bâ Faye, Ambassador of Senegal to the Netherlands delivered closing remarks.

Mr Zavala Giler said: ‘The arrest and surrender of suspects at large is the only way to have trials before the ICC, and it remains an absolutely critical – if somewhat formidable - responsibility of our States Parties to cooperate in this context. Although the responsibility for executing arrests is that of States Parties, the Court must play a critical role in coordinating efforts, providing information and constantly engaging with States on these issues to obtain tangible results.’

The information and recommendations emerging from the discussions will be collected in a report which will be published in 2025.

During the event, the second edition of the IBA ICC & ICL Programme Publication ‘Strengthening the International Criminal Court and the Rome Statute System: A Guide for States Parties’ was launched. The Guide offers an updated set of recommendations for States Parties and the Assembly to fulfil their responsibilities and obligations under the Rome Statute. It can be downloaded from the IBA website here.

ENDS

Contact: IBApressoffice@int-bar.org

Notes to the reader:

1. Related items:

   • Strengthening the International Criminal Court and the Rome Statute system: A Guide for States Parties (2nd Edition, October 2024)
   • Mongolia must uphold its obligations as an ICC State Party – arrest Vladimir Putin or cancel his visit
   • Statement by Kate Orlovsky, IBA ICC & ICL Programme Director, to the Plenary on Cooperation at the 22nd session of the ICC Assembly of States Parties

2. The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, it was born out of the conviction that an organisation made up of the world's bar associations could contribute to global stability and peace through the administration of justice.

3. The IBA commenced the International Criminal Court and International Criminal Law (ICC & ICL) Programme in 2005. Since its establishment, the IBA ICC & ICL Programme has contributed to the development of international criminal justice through monitoring and analysing issues related to fairness and equality of arms at the ICC, and through conducting outreach to deepen the understanding of the place of the ICC within the broader landscape of international justice and in particular contexts. The Programme works to increase cooperation with and support for the ICC and other accountability efforts, with the goal of strengthening the Rome Statute system globally and achieving fair, effective and accessible justice for victims of genocide, crimes against humanity, war crimes and aggression.

   The Programme also acts as the interface between the Courts and the global legal community. As such, special focus is placed on monitoring emerging issues of particular relevance to lawyers and collaborating with key partners on specific activities to increase engagement of the legal community on ICC and ICL issues.

   Based in The Hague, the IBA ICC & ICL Programme consults and engages with court officials, state representatives, civil society organisations, academics, and international lawyers.

4. Find the IBA ICC & ICL (@IBAHagueOffice) on X here:

   • x.com/IBAHagueOffice

5. Find the IBA on social media here:

   • x.com/IBAnews
   • x.com/IBAevents
   • www.facebook.com/internationalbarassociation
   • www.linkedin.com/company/international-bar-association

Kate Orlovsky
Director, Hague Office
International Bar Association
Nassaulaan 19
2514 JT The Hague
The Netherlands

Mobile: +31 (0) 70 737 0686
Email: kate.orlovsky@int-bar.org
Website: www.ibanet.org

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Website page link for this news release:
Short link: https://tinyurl.com/bde5fram
Full link: https://www.ibanet.org/IBA-gathers-key-legal-figures-to-discuss-state-cooperation-for-the-arrest-and-surrender-of-international-crime-suspects