Three of the Court's State Parties have now made official referrals to the Court – the Democratic Republic of Congo (DRC), Uganda and Central African Republic (CAR).  In addition the Security Council has referred the situation in the Darfur Region of Sudan to the Court.  

 

In the DRC the investigation has focused on the Ituri region, where conflict between opposing militia and rebel groups has resulted in serious breaches of international law including massacres, systematic sexual violence and the endemic use of child soldiers by all parties. Following the arrest of Thomas Lubanga Dyilo, the first proceedings have commenced in the Court, in which he is charged with offences relating to the conscription of children under fifteen years old and using them to participate in hostilities.  

Uganda asked the court to investigate the activities of the Lord's Resistance Army (LRA) in Northern Uganda. The LRA has been leading a long insurgency against the Ugandan government, causing widespread suffering and terrorising local communities. The prosecutor launched a formal investigation at the end of July 2004, and in 2005 arrest warrants were issued for five leading members of the LRA, though these warrants have not yet been executed.

In Central African Republic (CAR) the Prosecutor has recently commenced an investigation into rapes committed on a massive scale during the period 2002-03.

 

In relation to the situation in Darfur, which was referred to the ICC by the Security Council under resolution 1593 (2005), following the Prosecuter’s investigation, warrants have been issued for the arrest of Ahmad Harun and Ali Kushayb.

 

The Rome Statute, which established the ICC, made a special provision for victims through a trust fund that will, on the court's instruction, provide compensation for victims.  The Trust Fund is under the direction of its five-member Board of Directors, who are Archbishop Desmond Tutu (South Africa); Tadeusz Mazowiecki (Poland); Simone Veil (France); Arthur Robinson (Trinidad and Tobago) and Bulgaa Alterangerel (Mongolia).

 

It is a UK and EU objective to increase the number of states parties further, so that the Court can operate within the widest possible jurisdiction. We also need a better geographical spread of states parties; in particular we need more representation from Arab and Asian states.

 

At the same time, we recognise that not all states support the ICC. Some, most notably the US, are concerned that their citizens could be subjected to politically-motivated 'nuisance' cases. We understand these concerns but we do not share them. We are satisfied that the safeguards in the ICC Statute will prevent the court from pursuing such cases.

 

Once the ICC has established a responsible track record and it is clear that the safeguards against politically-motivated nuisance cases are working, we hope that those states currently opposed to the ICC will reconsider becoming a party to the ICC Statute. We realise, however, that this is a long-term goal. In the meantime, with our EU partners we continue to lobby for ratification of the ICC Statute.