IN MEMORIAM: ICC Judge Hans-Peter Kaul

We are deeply saddened to announce that former International Criminal Court (ICC) Judge Hans-Peter Kaul passed away on 21 July 2014 after a period of serious illness, which led him to resign from the Court with effect from 1 July 2014.

“Judge Kaul’s death is an enormous loss for the ICC. He served as a role model, dedicating his career to reshaping international justice. Judge Kaul was a driving force in the creation of the Rome Statute, in the establishment of the ICC, and in many of the decisions rendered in the situations and cases before the Court in its history thus far. We will long remember him with respect and admiration on a personal and professional level, for his relentless commitment and extensive contributions to international justice”, said ICC President Judge Sang-Hyun Song.

The President of the Assembly of States Parties, Ambassador Tiina Intelmann, recalled “the vital contribution which Judge Kaul had made to the establishment of the Rome Statute system, both as head of the German delegation during the negotiations which culminated in the adoption of the Statute, as well as a member of the Court’s bench, where he leaves an important legacy of contributions to the jurisprudence of the Court. Judge Kaul will be remembered for his multi-faceted and unrelenting support to the cause of international criminal justice; he was also indefatigable in advancing the support for the amendments to the Rome Statute on the crime of aggression”.

National of Germany, Judge Kaul served as an ICC Judge for 11 years. In the first elections of ICC judges in February 2003, he was elected by the States Parties to the Rome Statute for a three-year term and assumed his duty on 11 March 2003. He was re-elected in 2006 for a further term of nine years. Judge Kaul was a member of the ICC’s Pre-Trial Division, serving as the Division’s President from 2004 to 2009, as well as from 8 April 2014 until his resignation. He contributed to important decisions in proceedings regarding situations in Uganda, the Democratic Republic of the Congo, Darfur (Sudan), the Central African Republic, Kenya, Libya and Cote d’Ivoire, and the related cases. From 2009 to 2012, he served as the ICC’s Second Vice-President.

Judge Kaul also served for several years on various committees related to the Permanent Premises: he was chairman of the Inter-Organ Committee on the Permanent Premises (2003-2008), the senior representative of the Court in the Jury of the International Architectural Design Competition, and contributed to the work of the Oversight Committee of States Parties, playing an important pioneering role in the process which eventually led to the planning and construction of the ICC’s future permanent home.

Judge Kaul made significant contributions to the development of the ICC and international law even before being elected as an ICC Judge. In 2002, he was appointed Ambassador and Commissioner of the Federal Foreign Office for the International Criminal Court. From 1996 to 2003 he participated as head of the German delegation in the discussions and negotiation process of the Rome Statute of the International Criminal Court. Previous to that, in his capacity as Head of the Public International Law Division of the Federal Foreign Office (1996 – 2002), he was responsible, inter alia, for several cases involving Germany which were before the International Court of Justice. He published extensively on the International Criminal Court and other fields of public international law.

Condolence books will be available at the lobby of the main entrance of the International Criminal Court (Maanweg 174, The Hague, Netherlands) and of the public entrance (Regulusweg, The Hague, Netherlands) from 23 to 25 July 2014. Messages of condolence can also be sent by letter to the President of the Court Judge Sang-Hyun Song and by email to: PublicAffairs.Unit@icc-cpi.int.

By Kyle Herda

Impunity Watch Reporter, Europe

NICOSIA, Cyprus – Forty years ago today, a coup led by Greeks chased out President Archbishop Makarios. Less than a week after, Turkey invaded Cyprus and overthrew the coup in a bloody engagement. While Turkey eventually halted its advance, 35,000 Turkish troops still remain in northern Cyprus today.

Today, the northern one-third of Cyprus remains separate from the rest of the nation, separated by a buffer controlled by the United Nations. This northern section of the island self-identifies themselves as an independent nation, the Turkish Republic of Northern Cyprus. While Turkey also recognizes northern Cyprus as an independent nation, Turkey is alone in doing so. However, it remains unclear what exactly that region of the island is, as it acts as a de facto nation with its own government.

Over one-third of the Cypriots on the island are mainland Turks, which makes unification of the north and south even more difficult. Now, a group of Cypriots is taking action against Turkey in an attempt to push Turkey out of the north.

European Parliament member Costas Mavrides, representing his nation Cyprus, a European Union member nation, filed a war crimes complaint against Turkey. Tens of thousands of Turkish troops in northern Cyprus, A sizeable Turkish population in northern Cyprus, backed by tens of thousands of Turkish troops also stationed there, are increasing in numbers, a move that is making Cyprus feel threatened.

Along with Mavrides, a group called Cypriots Against Turkish War Crimes has taken part in filing the complaint against Turkey. This group has been backed by an Israeli-based rights organization called the Shurat HaDin Law Center.

The claim is that Turkey is pushing Turkish mainlanders to move to the island. Turkey is allegedly enticing Turkish settlers by providing job opportunities, financial aid, and giving homes and land to Turks who make the move. The impact of these moves could drastically increase the Turkish population, as has already been seen in the northern section of Cyprus where over one-third of the 300,000 population is people who came from Turkey.

Cyprus is afraid that the increase in the Turkish population on the northern section of the island could further push the northern part of Cyprus to breakaway from the rest of the island. The filed complaint in the International Criminal Court is an attempt by Cyprus to contain the situation and nip it in the bud before things escalate, especially in the wake of the recent quiet takeover of Crimea by Russia in a similar manner. Although it has been forty years now since the conflict began, it is clear that a solution is still far away.

For more information, please see:

Cyprus Mail – Congressmen urge Obama to enhance US support for Cyprus’ reunification 15 July 2014 

Cyprus Mail – Forty years since the coup 15 July 2014

ABC News – Cypriots File War Crimes Complaint Against Turkey 14 July 2014 

The Guardian – Cyprus divided: 40 years on, a family recalls how the island was torn apart 5 July 2014

We regret to announce that Judge Hans-Peter Kaul has resigned from the International Criminal Court (ICC) for health reasons. His resignation will take effect on 1 July 2014. Judge Kaul’s full term at the ICC would have ended on 11 March 2015.

The President of the ICC, Judge Sang-Hyun Song, expressed deep regret over Judge Kaul’s departure from the Court and the circumstances which necessitated his resignation. “I thank Judge Hans-Peter Kaul wholeheartedly for his dedicated service to the Court and his pioneering role in the ICC’s development, even before the Court was established”, President Song stated. “I worked closely with Judge Kaul, particularly when we were first sworn in together in 2003 and when he served with me in the Presidency as Second Vice-President from 2009 to 2012. I have enormous respect for his deeply humanist personality and his substantial contributions to international justice, which will continue to guide the Court in the future.”

A German national, Judge Kaul has served as an ICC Judge for 11 years. In the first elections of ICC judges in February 2003, he was elected by the States Parties to the Rome Statute for a three-year term and assumed his duty on 11 March 2003. He was re-elected in 2006 for a further term of nine years.

Judge Kaul was a member of the ICC’s Pre-Trial Division, serving as the Division’s President from 2004 to 2009, as well as from 8 April 2014 until his resignation. He contributed to important decisions in proceedings regarding situations in Uganda, the Democratic Republic of the Congo, Darfur (Sudan), the Central African Republic, Kenya, Libya and Côte d’Ivoire and related cases.

Judge Kaul also served for several years on various committees related to the Permanent Premises: he was chairman of the Inter-Organ Committee on the Permanent Premises (2003-2008), the senior representative of the Court in the Jury of the International Architectural Design Competition, and contributed to the work of the Oversight Committee of States Parties, playing an important pioneering role in the process which eventually led to the planning and construction of the ICC’s future permanent home.

From 1996 to 2003, Hans-Peter Kaul served as chief negotiator and head of the German delegation during the process leading to the establishment of the International Criminal Court.