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Sudan Tribune

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ICC debates aid to victims of war crimes

Nov 28, 2005 (THE HAGUE) — Rules on allocating funds for victims of war crimes were under discussion by the 100-nation governing body of the International Criminal Court, which opened a six-day meeting on Monday.

The Assembly of States Parties convening in The Hague also was to debate a proposed A80 million (US$94 million) budget for next year. Some countries hope to ensure that operations reaching out to victims continue in Congo, Uganda and Sudan’s Darfur region, where the court’s first investigations are under way.

The international court, the world’s first permanent war crimes tribunal, was created to prosecute cases of genocide, war crimes and crimes against humanity committed after July 1, 2002. It cannot prosecute suspected criminals from countries that are not members _ notably the United States _ and it can only intervene when countries are unwilling or unable to dispense justice themselves.

A month before this fourth annual meeting of the countries that ratified the 1998 treaty founding the court, the tribunal revealed its first indictments. The suspects are five leaders of the Lords Resistance Army in Uganda, including rebel leader Joseph Kony. One suspect has since been killed in a battle with Ugandan troops.

The court’s statute makes provisions for a Victims Trust Fund, administered by an independent board, to pay for protection, psychological counseling and reparations to victims of war crimes. But powerful blocs within the court have split over how to administer the fund and at what point money may be distributed.

Britain, Canada and Australia say compensation should be withheld until the conclusion of the relevant trials when crimes have been proven and perpetrators convicted.

France, Belgium and some African countries, backed by human rights groups, want to give the fund’s directors greater discretion. They fear lengthy trials would mean serious delays in reaching victims who urgently need help.

Board members include South African Archbishop Desmond Tutu, former French Health Minister Simone Veil and Jordan’s Queen Rania.

The money would go to public projects rather than directly to victims. “These are not individual payouts,” said Richard Dicker of the New York-based Human Rights Watch. Under discussion was “how the fund can be triggered to make available counseling for rape victims or health clinics” in ravaged villages, he said.

The assembly also must set the ground rules to guarantee transparency and to determine whether donors to the victims fund may earmark the money they give for specific causes.

In the budget debate, Dicker said the committee preparing the 2006 budget made cuts in two areas: trimming an outreach program designed to explain the court’s operations to victims, and cutting back funds to pay lawyers representing the victims in court.

Dicker urged the assembly to restore the funds, saying both programs create vital links between the affected communities and the court. “The importance is enormous because it allows people who were brutalized to participate in the legal process,” he said.

(AP/ST)

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