International Criminal Court makes governance meeting off limits to striking lawyers

As the assembly's December meeting approached, the group grew increasingly frustrated that their complaints were going unanswered. On November 10, lawyers, legal advisers, case managers and other professionals involved in several different cases at the court sent individual letters to the registry. Ten days later, still without a response, they sent a letter informing the registry they planned to start “awareness-raising efforts.” 

The registrar’s office responded with a letter to all defense counsel, saying no action would be taken. Days later, at a meeting, it informed staff that, although there was no plan to deal with the issue in the short term, the registry planned to present a draft of a new Legal Aid Policy for comment at the assembly's annual meeting. Defense counsel say they were encouraged to address their concerns directly at the meeting with the member states. 

Burgundy ribbons

As part of their awareness-raising efforts, the teams defending Yékatom and Ngaïssona wore burgundy ribbons during a hearing on November 30. They were told by the court to remove them. “It is not up to you or the defense, in general, to define what a breach of fair trial is,” presiding judge Bertram Schmitt told Dimitri. 

Disappointed, the staff decided to strike. Both teams filed a joint motion the following day, asking for the proceedings to be suspended during the meeting week for the Assembly of States Parties so her staff could, as the registrar suggested, lobby for better pay. The request was denied. “The Chamber does not appreciate the extent and manner in which the judicial proceedings in the present case have been misused as a platform to pursue financial and labour law related agendas,” the three-judge panel wrote. 

When Dimitri told her client about the strike causing a delay in his trial, Yékatom asked, “What is five more days when I’ve been here for four years?” 

Out in the cold

On Sunday, the day before the start of the assembly's annual meeting on December 5, the defense and victims’ counsel were informed that, unlike in previous years, their ICC badges would not get them entry to the meeting. All other ICC staff could attend the assembly meeting using their badges. Some staff were able to apply for entry but many were denied. “I was not allowed in,” said Pedroso, who is part of Ngaïssona's defense team.

As the meeting began, a hearing scheduled in the Ngaïssona and Yékatom trial was held entirely in a private session. Dimitri said she is working to have the transcript made publicly available but until then no one present can discuss what happened in the courtroom. Scheduled hearings for Tuesday, Wednesday and Thursday were canceled. “We don’t have further information about that hearing,” ICC spokesperson Fadi El Abdallah told Courthouse News in response to a question about what transpired. 

Down the road at the conference center for the Assembly of States Parties meeting, colleagues were told they couldn’t bring coffee to those standing on the sidewalk in the freezing December air. 

There had been a hearing scheduled in the Ngaïssona and Yékatom trial for Friday. It was canceled Thursday with no indication why from the court. Dimitri said a hearing for Monday has also been canceled. 

The Assembly for States Parties refused to comment on the situation. In response to a request for comment, el Abdallah, the spokesperson, said, “The Court has initiated a consultation process including current and former defense and victims’ teams who have provided feedback.”

Fair trials

Established by the Rome Statute, the ICC was designed to be the standard of international justice.

“They say this court is for the victims, how can we represent them like this?” asked Idriss Anbari, the case manager for victims’ counsel in the trial of Sudanese militia leader Ali Kushayb. Anbari also spent the week alternatively striking in front of the ICC headquarters and the Assembly of State Parties. 

Defense and victims' teams have no funding for relocation, making it difficult to recruit local staff. Anbari says that those he represents are often frustrated by the language and cultural barriers with the team. 

Dimitri points out that the prosecutor’s office has help with everything from witness protection to compliance. “I have to arrange for all of that myself,” she says. Pedroso says the working conditions hurt diversity as well, something the court has long faced criticism over. “How can you recruit someone who wants to have a child to a role with no paid leave?” she asked. 

Positive movement

The strike has brought the issue to the attention of many of those attending the Assembly of States Parties, and the German delegation agreed Thursday to bring a proposal forward to bring a temporary salary increase. Inflation in the Netherlands is currently 14.5%, creating a situation where some staff cannot afford rent or heating. 

“We have heard some positive things,” Dimitri said, but she stressed as well that temporary solutions won't fix the problem. 

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