ICC Judge Adrian Fulford: The Problem with the ICC

All this week I will be at the Assembly of States Parties for the ICC. Today I got to go to an event during my lunch break with one of the ICC Judges; Sir Adrian Fulford. He spoke about the problem with the ICC: insanely long trials. The first trial at the Court (and the one he is hearing) has already been going for two years and will probably take at least another if nothing goes wrong and something is probably going to go wrong. I wanted to share his speech because I thought it was fantastic-very realistic but still hopeful. However, I am just not in the mood to actually summarize it so you all get to read my notes :) I think this will be more fun anyways!

Two great disappointments:
We are delivering remote and distance justice. It is my hope that we can conduct our trials near the scene of the alleged crimes
Apparent slow pace at which the ICC moves
       By many domestic standards they (proceedings) seem protracted
       "It all takes FAR to long".
       "It is critical to learn quickly from the delays of the past and ensure they are not repeated".

Delays and stays of proceeding are the single more corrosive practices at the ICC.

We cannot use the Court as a laboratory experiment...you run the risk that a one or two year trial will be struck down because you may find that you are break of the Rome Statue.

There must be international will, imagination, and support for reassessment of how we try these cases. "If we secure that objective I believe the future of the court will be very bright indeed".

"It is the length of our trials that is our real Achilles heel".

6 Proposals on how to fix trials

1. Consider if evidence (context, background, etc) can be dealt with by experts instead of substantial number of witnesses.

2. Room to take depositions instead of evidence heard in chamber...supervised by a single judge or legal official...happens at the ICTY and twice at the ICC. Evidence can be given multiple times...not appropriate for more central evidence

3. Increase use of television links instead of bringing witnesses to Europe...reduces disruption of the lives of witnesses...leads to more focused questions

4. Prosecution and defense under obligation to identify the parts of statement that is agreed and those controversial areas…reduce lengthy parts of evidence that are not in dispute

5. Amend Rome Statue to allow a single judge to consider parts of the trial alone.

6. Look at Court structures to see if they are efficient and are a proper use of our funds