Artículo publicado originalmente en el portal IJ CENTRAL por Mariana Rodríguez-Pareja y Salvador Herencia-Carrasco.

This year is very signitifative for the International Criminal Court (ICC): the tenth anniversary of the entry into force, the beginning of the term-in-office of the new Chief prosecutor Fatou Bensouda, who will replace Argentine-born Luis Moreno Ocampo; and the first ruling in history for the case against Thomas Lubanga, for the recruitment of child soldiers in the Democratic Republic of the Congo was rendered in March.

As of today, 121 countries have ratified the treaty and the ICC is currently investigating 14 cases in 7 different countries. Regardless all the advances, we believe that there are many challenges to be faced and other obstacles to be undercome. One central issue of the ICC is cooperation, something that could seem superfitial for those who are not familiar with the ICC, but it is fundamental for the ICC. Without cooperation, the ICC cannot act effectively.

The ICC and the OAS

Both the ICC and the IACHR (Inter-American Commission on Human Rights)  pursue one common goal: the erradication of impunity for human right violations. After the adoption of the Rome Statute of the ICC in 1998, several resolution promoting and supporting the ICC have been adopted by the OAS, as well as a draft model-legislation to contribute OAS member States in the implementation of principles and cooperation mechanisms. The adoption of a Cooperation Agreement on April 26, 2012 is a significant push towards the strengthening of this relationship.

According to the information provided by the IACHR, the agreement “provides for the possibility that each party will provide the other with information on decisions, resolutions, judgments, reports, and documents, which could prove useful in processing cases and carrying out the mandates of both institutions.

Why is cooperation central to the ICC? The ICC is a judicial institution and the jurisdition is complementary to the one of the States parties to the Statute. The ICC does not have its own police or armed forces and it does not have its own prisons. Therefore it is critidal for the ICC to be able to rely and count on States or international institutions in order to carry out its mandate effectivetly. Cooperation implies much more than the signing of an agreement with the IACHR. When the ICC signs a cooperation agreement with a State, it involves the adoption of cooperation laws at the moment of implementing the Rome Statute in the local system.

It cannot be ignored that the international financial crisis has an impact at every level, including the ICC- so, in order to maximize efforts and resources, cooperation must be pursued and put into practice. The Court should be able to rely on existing effective both infrastructure and mechanisms.

The Inter American System

The Inter American system has been understimated for many countries. Other countries, simply forget it exists or do not follow the rulings. Even in many Law schools in the region, the IA system is excluded from the syllabus, leaving the matter to experts only, when it should be a system widely known by every person- since the Inter American Convention for Human Rights serves as one of the basic HR instruments for all States parties to the OAS.

Despite the lack of comprehensive legislation on International Criminal Law in most of the OAS states, many of its core principles are already binding on them through the 1969 American Convention on Human Rights and the rulings of the Inter-American Court of Human Rights. This regional tribunal has significantly contributed to the prosecution of crimes against humanity, especially enforced disappearances and torture.

Although the cases examined by the Inter-American Court are different from those that fall within the jurisdiction of the ICC, the Rome Statute has been a valid interpretative tool to determine State duties regarding the protection of human rights.

The ICC and the IACHR is definitely a good match: now let’s make sure all the OAS states become parties to the ICC system and that they both commit and achieve their goal to put an end, prevent and/or punish to the worst crimes and bring justice to victims.

*Mariana Rodriguez-Pareja. Director of the Human Rights Program at Asuntos del Sur (ADS). Twitter handle: @maritaerrepe

Salvador Herencia-Carrasco. LL.M. University of Ottawa, legal adviser to the Andean Commission of Jurists. Email: sherencia@cajpe.org.pe