The ICC and Community-Level Reconciliation: In-Country Perspectives Regional Consultation Report

"The discussions at the Regional Consultation focused on three themes: peace and justice; cooperation and complementarity; as well as the rights of victims. The theme on peace and justice examined the evident tension between peace initiatives in the DRC, Uganda, Sudan and Kenya and the investigative and prosecutorial interventions of the ICC in these countries. The second theme assessed the issue of cooperation and complementarity. on the issue of cooperation, discussions focused on the need for cooperation among states for the effective functioning of the ICC. In addition, the ICC’s outreach and collaboration with situation countries in Africa was considered. The Regional Consultation also interrogated the principle of complementarity which states that national criminal jurisdictions have primacy of jurisdiction for international crimes, unless states are unwilling or genuinely unable to investigate and prosecute these crimes. The third theme of the Regional Consultation explored the rights of victims. In particular, discussions questioned how, despite the elaboration of international criminal jurisprudence to address the rights of victims to reparations and the participation in legal proceedings, the reality is that the system is failing to address the immediate needs of the very victims it is meant to protect. The degree of consultation with victims in the pursuit of accountability for atrocities is necessary for consolidating peace and justice initiatives."