Schona Jolly QC Profile picture
Oct 9, 2018 19 tweets 7 min read Twitter logo Read on Twitter
#IBARome@IntlCrimCourt⁩ Prosecutor Fatou Bensouda says emphatically that pushback by the American govt, & other states, will not deter the ICC from doing its work without fear or favour. #CrimesAgainstHumanity #genocide
ICC can be faced with total non-cooperation, dwindling resources, hostility etc. Forms part of challenge to conducting investigations. We need to anticipate such challenges. US isn’t 1st state to refuse to cooperate with ICC, eg Sudan, but we still collected evidence: Bensouda.
Since I announced investigation into Philippines. I’m sure you’ve heard response of leader, including threats against Prosecutor. But, eg, see Burundi where I opened prelim invest. Burundi immediately withdrew, but we ctd investigation & obtained satisfactory evidence- Bensouda.
Bensouda criticises & describes the myth that ICC is focused only on Africa - she says it’s an incorrect perception and lists many open preliminary investigations across continents, inc Myanmar, Venezuela, Colombia, Georgia etc.
Asked whether ICC failed in #AlBashir, Bensouda emphasise states that created the court have the responsibility & legal obligation themselves to enforce arrest warrants etc. If states fail, the ICC can’t continue to be blamed for that. We don’t have a police force or army.
UNSC can refer to ICC, regardless of whether that party is a party to the ICC, eg Sudan. But States’ own responsibility doesn’t disappear- Bensouda #IBARome
Asked if UNSC should be criticised after It refers eg Libya & Sudan, but then fails to put sanctions on countries that fail to comply with obligs, Bensouda says she always reminds & urges SC to take action & support ICC. It can’t just refer cases.Victims expect support & results.
Bensouda says law can be a potent tool to bring justice. The reason why ICC (& other mechanisms) was created is to bring justice to the victims & accountability for those responsible for atrocity crimes, acc to evidence & rules. Not abt targeting individuals.
Bensouda, citing Desmond Tutu, says when asked to pick a side, she chooses to take the side of the victim. #ICC #IBARome
Asked abt #rohingyas & complicity of State; Bensouda reminds Myanmar not a party to ICC & it’s abt individual criminal responsibility. She asked judges for interpretation on jurisdiction, since deportation of refugees into State party of Bangladesh. Judges responded positively.
Bensouda agrees that any #ICC referral from UNSC at the moment is unlikely. #IBARome
Bensouda on treatment of migrants in Libya: Describes ongoing with partners to advance work & office is collecting evidence & information to present before judges when time comes. #IBARome
Asked abt ongoing #ICC prelim examination in situation in Venezuela (State party) Bensouda emphasises ICC is not targeting any individual. It is *after* prelim work that individuals can be identified for individual responsibly. Points to 5 LatinAm states referring Venezuela.
Asked whether time has come for individual or blended courts, eg Bangladesh, Bensouda says ICC not created to extinguish domestic jurisd’n & does not stop any efforts to try atrocity crimes at regional level. ICC is not a panacea, but those which created it now must support it.
Asked If any progress on Nigeria, Bensouda says whilst there was a lull during political change of govt, it has now advanced & her team still on ground collectin evi for prelim investigation. Not yet concluded but hope to soon reach final determination. #IBARome
Asked abt Syria, Bensouda says Syria is not a State party. She’s considering angle of personal jurisdiction & asking for information since some actors, eg in ISIS, are nationals of State parties. UNSC veto power is being used and unlikely to get a referral on Syria. #IBARome
ICC is not a court of first resort, but court of last resort. But we can’t take action where States taking action over their nationals. So we have to hold back: Bensouda #IBARome
Last q on Mexico & #narcotrafficking leading to 1000s of deaths. Bensouda: Even though serious crimes happening in Mexico, we had difficulty placing them into the definition of crimes over which ICC has jurisdiction.Still monitoring, not abandoned & can re-open our investigation.
Fascinating & wide-ranging global input from audience, asking Bensouda about #ICC investigations on atrocity crimes across the world. Time is up on a really interesting #IBARome session. Good luck to her & her team! John Bolton’s words seem more petty & ignorant than ever.

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More from @WomaninHavana

Oct 8, 2018
“The govt insisted on holding a referendum for stupid reasons”: Ken Clarke MP holding forth on Brexit at #IBARome

“Hardly any mainstream politician makes the case for immigration; British society has hugely benefited from it.”
Ken Clarke on the anti-immigration fearmongering & #fakenews in Brexit campaign: Just as Farage campaigned with ‘brown people’ on his posters, so they used Turkey, 70m Turks would come to the UK to take jobs etc.

Mainstream politicians ran the Turkey issue - eg Michael Gove.
“Anybody who tells you they know what will happen in British politics is deceiving themselves. We are in the middle of a mad, anarchic situation as every other western democracy.” Ken Clarke when asked what he thinks will happen on Brexit negs.
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Oct 8, 2018
“History did not end as Fukuyama predicted some years ago. History is running now & liberal democracies are under threat” - a powerful opening speech from former Italian PM Romano Prodi, on global democratic malaise, populism & the multiple causes of growing inequality. #IBARome
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“EU is a symbol of shared progress, of the defence against the right. A visible instrument of a new social justice on a continent” (previously riven by wars) - to applause.
Prodi quotes someone as saying “EU is a union of minorities” - but says this is now challenged. #IBARome
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Oct 7, 2018
Serious cognitive dissonance in @theresa_may⁩’s Op-Ed.

Citizens of nowhere, we remember.

Hard red lines without any respect to a deeply divided result, we see now.

A refusal to apologise for the #HostileEnvironment.

EU citizens rights, we care.…
May claims a “decent, moderate and patriotic programme that is worthy of” Labour support.

So patriotic it deprives us of jobs?

So decent it leaves British citizens in Europe stranded?

So moderate it strips us of our right to study, travel, live, love & work in 27 countries? /2
May boldly asserts “The British people are not bound by ideology”.

Brexit is nothing but ideology.

There are no proven facts. There is a preposterous belief that we can do everything, as all the evidence before he flees to Paris, Berlin, Dublin. /3
Read 16 tweets
Sep 13, 2018
Govt has now published its 28 No-Deal Guidance documents.

On a skim, common themes are:
- Red tape (more of it);
- Increased price or trouble for most of us.

But don't worry. Blue passports late 2019. And the PM said it's not the end of the world.…
Some highlights: "The government will invest £92 million from the Brexit readiness fund on an 18-month programme to design a UK Global Navigation Satellite System. This will inform the decision to create an independent system as an alternative to Galileo." /2

UK-based businesses, academics and researchers will not be eligible to bid for any future work on the EU Global Navigation Satellite System programmes. Onus on them to take steps to avoid penalties. /3
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Sep 3, 2018
I urge everyone to read this stark analysis of a world failed by self-serving leaders, & rife discrimination.

These are the parting words of Zeid Ra’ad Al Hussein, @UNHumanRights High Commissioner in ⁦…
Everything he writes resonates with the weight of our daily troubles.

Even as @BorisJohnson issues lazy, reckless & empty rhetoric, Hussein’s words remind us not only that Johnson’s like are morally cowardly, but also dangerous. Frothing, but incapable of advancing us. /2
As a Myanmar court sentences 2 @Reuters journalists to prison terms for exposing horrific crimes, as journalism is weighted down again as a crime, Hussain’s words resonate in a world busy with words, not actions.

“What are we saying to the perpetrators? Or to the victims?”
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Sep 2, 2018
August is over, but enjoyed some wonderful books in the sunshine. A few of my favourites:-

- A Strangeness in My Mind, by @_orhanpamuk, a beautiful and absorbing love letter to a fast-changing Istanbul. I missed Mevlut for days after I finished it.
Pachinko, by @minjinlee11 - I couldn’t put down this unfolding 20th century saga about Koreans in Japan, seen mostly through the eyes of tough female characters.

Circe, by @MillerMadeline - a feminist re-working of myth and magic.

Re-read the absolutely brilliant Sing, Unburied Sing by @jesmimi, a painfully lyrical exploration of an African American family in America’s Deep South. It’s haunting, beguiling and very powerful.
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