Kutse

H.E. Villu Kõve President Supreme Court of Justice of the Republic of Estonia Reference: 2021/PRES/191/PH Date: 01 November 2022 Subject: Invitation to a Judicial Seminar and the Opening of the Judicial Year of the International Criminal Court, 20 January 2023 Excellency, It is my distinct pleasure to invite you to the 5th Judicial Seminar as well as the Opening of the Judicial Year of the International Criminal Court (ICC, Court), which will be held at the seat of the Court in The Hague, the Netherlands, on Friday 20 January 2023, and simultaneously online. The Seminar and the Opening of the Judicial Year follow similar events held in 2018, 2019, 2020 and 2022. Due to the global pandemic, they could not be held in 2021. The purpose of the Judicial Seminar is to provide a space for a frank exchange of views on topical issues in the international criminal justice system. The participants of the Judicial Seminar will be judges of the ICC, senior judges of the national jurisdictions of the States Parties to the Rome Statute, as well as senior judges of international and regional courts. The Judicial Seminar is organized with the financial support of the European Commission. The Opening of the Judicial Year is a ceremonial and symbolic event held in Courtroom I of the ICC, which underlines the Court’s special nature among international organisations as an independent judicial institution, and signals the beginning of another cycle of annual work in the Court’s life. * The topic chosen for the 5th Judicial Seminar is: “The Role of National Courts in the International Criminal Justice System”. As is well known, the ICC system is fundamentally based on the principle of complementarity enshrined in the Court’s founding treaty, the Rome Statute, which provides that national jurisdictions always have the primary right – and the primary responsibility – to address crimes within the ICC’s jurisdiction: genocide, crimes against humanity, war crimes and the crime of aggression. The ICC can exercise its jurisdiction only if the relevant national jurisdiction or jurisdictions are not investigating or prosecuting the crimes in question, or if they are unwilling or unable genuinely to carry out the investigation or prosecution. Indeed, it would be impossible for the ICC, with a total of 18 judges and 3 courtrooms, to be the default institution for hearing all cases of alleged violations of international criminal law from all over the world. Instead, for the fight against impunity for the perpetrators of the gravest atrocities to be successful, it is essential that national jurisdictions everywhere are well equipped to address such offences. To begin with, this requires that the criminal acts in question be domesticated in the criminal code of each national jurisdiction. The need for effective mutual legal assistance is often also heightened in the context of proceedings related to Rome Statute crimes. Domestic judicial systems faced with actual cases of Rome Statute crimes may find that their personnel need specialised skills, such as those related to forensic evidence, witness protection, or the interpretation of international humanitarian law. In the latter context, recourse to the jurisprudence of other courts and jurisdictions can be beneficial and instructive. In addition to the ICC and purely national jurisdictions, hybrid or regional courts and tribunals can also pay a crucial role in the fight against impunity for the crimes in the Rome Statute. * Against this background, my colleagues and I have decided to dedicate the upcoming Judicial Seminar to the principle of complementarity and the role of national courts in the ICC system, specifically from a judicial viewpoint. It is foreseen that the first part of the Seminar will focus on the legal aspects of the principle of complementarity from the viewpoint of the ICC – in other words, looking at how the ICC has so far interpreted and applied the provisions on the Rome Statute (particularly articles 17- 19) on the admissibility of cases with a view to the activity of national jurisdictions, or lack thereof. The importance of incorporating the Rome Statute crimes in national law would also be discussed. The second part of the Seminar will be devoted to the experiences of national (and potentially regional) jurisdictions from hearing cases of offences included in the Rome Statute, including any legal or practical challenges encountered in such trials. Time will also be reserved for open discussion and exchange of views. If indeed your country’s national courts have heard any cases of Rome Statute crimes, we would be delighted to welcome, in addition to yourself or a representative of yours, one of the judges who sat on one of those cases. * The provisional programme of the Judicial Seminar and the Opening of Judicial Year is as follows (timings subject to change): 10:00-11:00 Opening of Judicial Year (Courtroom I) 11:00-11:30 Coffee 11:30-12:45 Judicial Seminar, 1st session (ICC conference cluster) 12:45-13:30 Buffet lunch 13:30-14:45 Judicial Seminar, 2nd session (ICC conference cluster) 14:45-15:00 Closing of the Judicial Seminar To allow for a candid and open exchange of views between judges, the Judicial Seminar will not be a public event, and discussions will take place under Chatham House rules. Accordingly, while a report reflecting the content of the conversations will be produced and made public, no statements will be attributable to individual participants. While we very much hope that you can attend the Judicial Seminar in person, the Court will also put in place arrangements for remote participation for those invitees who are unable to travel to the Netherlands for any reason. Please note, however, that due to technical limitations, interpretation in the official languages of the Court (English-French) will only be available to participants attending in person. I apologise in advance for any inconvenience. Regrettably the Court is not in position to sponsor any travel or accommodation costs of the participants. * The International Criminal Court expresses its appreciation to the European Commission for the financial support provided for the organization of the Judicial Seminar. Excellency, your participation would make an invaluable contribution to the Judicial Seminar of the ICC as well as the Ceremony for the Opening of the Judicial Year, and I sincerely hope that you will be able to accept this invitation, or designate another judge to attend in your stead. And, as indicated above, in case your country’s national courts have heard cases involving Rome Statute crimes, we would be happy to welcome, as a second participant, one of the judges who sat on such a case and could share their personal experience. The Court would be grateful to receive confirmations of participation no later than Friday 9 December 2022 via email to [email protected], indicating whether you intend to attend in person, or virtually by way of remote connection (the details of which will be communicated later). This is to allow the Court sufficient time to put in place appropriate arrangements depending on the number of participants. Again, I look forward to hopefully seeing you, or another representative of your country’s judiciary, on 20 January 2023. Excellency, please accept the assurances of my highest consideration. Piotr Hofmański ICC President