The current priorities of the Office of the Prosecutor of the International Criminal Court include: starting the investigation of two situations in 2004; building the OTP team; and building international cooperation with the OTP.
Our initiatives to date can be divided into the categories of strategic decisions, organizational decisions, and personnel decisions.

Strategic decisions

In the past months, we have taken a number of strategic decisions that will guide our work. In the spirit of openness and transparency, we have published a statement of our policy, which was developed after public consultation. Some key strategic decisions include implementing a collaborative approach with the international community, including cooperative states, international organizations and civil society; and ensuring a positive approach to complementarity. Rather than competing with national systems for jurisdiction, we will encourage national proceedings wherever possible.

While states have the first right to prosecute, and we will encourage them to do so, there may be situations where a state and the Office agree that consensual “division of labour” is appropriate (for example where a national system is fractured or where the impartiality or expertise of the Court is needed). There is no doubt of admissibility in such scenarios, since Article 17 is clear that cases are admissible in the absence of national proceedings.

At times, the territorial state may oppose ICC investigation. In such cases, I can use my proprio motu power, but it will be difficult to deploy investigators to the field, and difficult to carry out arrests. Thus, the positive approach to cooperation and complementarity remains very valuable.

We have adopted a policy of targeted prosecution, focusing on those who bear the greatest responsibility. Finally, we are building a small and flexible office, relying on extensive networks of support with States, civil society, multilateral institutions, academics and the private sector. This approach enables us to better represent 92 States Parties and to benefit from ideas and perspectives from around the world.

Organizational decisions

Since my arrival in June 2003, we have taken many steps to build a lean, efficient and active Office. Our Office faces unprecedented challenges, given our potentially wide-reaching but complementary jurisdiction. Our experiences in the last months have guided us in shaping the best structure to carry out this mission. The new structure includes three functional divisions.

The Prosecution Division, with trial and appeals lawyers, will present cases before the judges. This division is concerned with classic prosecutorial work, although some of the procedures being applied are new. For example, the representation for victims during trial is different from common law systems but also different from civil law systems. This Division is just being established, and we have selected the first three senior trial lawyers.

Serge Brammertz has been elected by the Assembly of States Parties as Deputy Prosecutor for Investigations. Following his arrival, work has begun on recruitment and on investigative strategies.

The Jurisdiction, Complementarity, and Cooperation Division was developed in response to the unique situation of the ICC, which is very different from the ICTY, ICTR and Nuremberg. Unlike previous tribunals, this Office has a potentially broader scope and must conduct extensive analysis of jurisdictional and admissibility questions, including complementarity. Moreover, unlike a national prosecutor, this Office does not have its own police and national system to rely upon, and unlike the previous tribunals, it is not integrated into the United Nations. Thus, building networks of international cooperation is essential.

Personnel decisions

We are now finishing recruitment of the senior people in the Office and rapidly building a team of qualified and effective experts. Our hiring is based on highest standards of efficiency, competency and integrity, having regard to the need to promote equitable geographic and gender representation, in accordance with the Statute (Article 44). In this context, we appreciate the efforts of States to identify the most highly qualified candidates for vacant positions. We must emphasize, however, that staffing can only be done in an independent and impartial process based on objective criteria. We ask States Parties to respect this independence, which is essential for the credibility of the institution.

One area where we will continue to strive is to recruit highly qualified candidates from under-represented regions. One problem in this area may be that potential candidates in some regions are not aware of the opportunities at the ICC. It will be useful for states and organizations to assist in increasing public awareness in those regions. I hope to improve our record on recruitment of women and recruitment from under-represented regions by September.

We will soon be announcing on our website the invitation of applications for Deputy Prosecutor of Prosecutions. I welcome information about appropriate candidates, particularly bearing in mind geographic and gender representation.

Priority Situations

We are analyzing the situation in Ituri (Democratic Republic of Congo) with a view to determining whether to proceed with an investigation. Ituri remains a priority for my Office. Last week, more than one hundred people were reportedly killed in Gobu. The crimes are ongoing. We cannot allow the situation to continue unchecked.

According to information received, there are many groups committing crimes. We cannot deal with all of them at once. However, as we are a permanent Court, we can work on the situation as long as needed. Decisions on investigation and prosecution will be guided by the factors in the Statute (Article 53). This includes the interests of victims and the interests of justice.

We have proposed a consensual division of labour with the DRC. We would contribute by prosecuting the leaders who bear the greatest responsibility for crimes committed on or after 1 July 2002. National authorities, with the assistance of the international community, could implement appropriate mechanisms to address other responsible individuals. The DRC has recently responded with a letter affirming that such a division of labour would be welcomed. I recently met in Capetown with the Minister for Human Rights of the DRC, as well as local and international NGOs.

I expect to meet soon with national authorities to discuss the practical modalities of cooperation. So, good progress is being made in developing a sound and cooperative approach.

Cooperation
The importance of cooperation with states extends beyond the situation in Ituri. As you can imagine, the situations in which my office will be operating by definition pose extreme challenges for investigation. In order to succeed, we will need support from the international community, including states, multinational organizations and civil society.
I will need various forms of practical and logistical support and assistance. This needed assistance might relate to gathering information, protecting witnesses, or ensuring a secure environment for investigation. The active cooperation of states and organizations may be required in order to locate suspects and carry out arrests.