In preparation for the Consultative Conference on International Criminal Justice to be held in September at the United Nations in New York, a planning meeting was held in May 2009 in which Hauser Center staff interviewed Silvana Arbia, Registrar of the International Criminal Court, and Giovanni Bassu, Special Advisor on External Relations and Cooperation in the Office of the Registrar, on the relationship between the Registrar, NGOs and Civil Society.

Johanna Chao Kreilick – Hauser Center: As Registrar of the International Criminal Court, how do you work with NGOs and civil society, and what opportunities and challenges do you see going forward?

Silvana Arbia – Registrar of the International Criminal Court: We are currently working on a project to analyze the role of NGOs as intermediaries for the ICC so as to gain a better understanding of the issues they face in relation to the work of the ICC. On the basis of the answers to our questionnaire we will conduct an analysis and take the most appropriate action.

In my visits to “situation countries” I always meet with NGOs and this has proved to be very important as they know the ground much better than officials at the ICC and contribute a lot to our understanding. Unfortunately, with the recent situation in Sudan, some of the NGOs in Chad we were cooperating with are now reluctant to do so and this is an important problem because down the line, if we do not have a connection with the ground it will jeopardize the larger transitional justice process. In addition, we cannot have NGOs distancing themselves from the ICC, and this is another risk I am considering.

In The Hague, NGOs are regularly present, which allows us to brief them on ICC activities, and allows for interesting and critical feedback. With this relationship, we are able to assess how civil society organizations perceive the ICC—both from an institutional perspective but also from a personal perspective. Critique is important, and we have been holding feedback briefing sessions with NGOs twice a year.

JCM: How has the ICC Office of the Registrar concretely shifted its plans after receiving feedback from the NGO community?

SA: One NGO critique is that the outreach of the ICC is not sufficient. This pushes us to take more appropriate action and focus on particular areas they highlight more than before. The feedback sessions and the relationship with the NGOs are not merely one-way, but very interactive.

Especially in Africa, the NGOs are one of the only avenues for the community to have a voice and thus these organizations play a crucial role. Particularly in village areas, they know the situation very well, and contribute to judicial proceedings. It is important to note that in African countries I am in contact with a number of local NGOs, not just branches of larger NGOs. The presence of local NGOs is a very good sign because that means these societies are themselves very active, and we have to learn to interact effectively with them..The ICC’s presence in “situation countries” is very important, and this is why I am now committed to reorganizing our field offices so that they are more present and better organized.

Giovanni Bassu – Special Advisor on External Relations and Cooperation, Office of the Registrar: Field offices can play a critical liaison role with the NGO community. NGOs can pass relevant information and analysis to the head of office, and ultimately, pertinent information is continually passed up the chain.

SA: NGOs are fundamentally seeking truth and justice, and it is very important that this dialogue takes place as we continue the work of the ICC. Our interactive sessions with NGOs have been meaningful and interesting, and I have found that we have a good basis to say that this interaction has proved useful for both parties.