The Review Conference will include a stocktaking exercise during which the overall success and impact of the Rome Statute will be considered in relation to the following four topics:

a) Complementarity; 
b) Co-operation; 
c) The impact of the Rome Statute system on victims and affected communities; and 
d) Peace and justice

The discussions will be organized in the form of panels, in some instances followed by a roundtable or a question and answer session. As outcomes of the discussions, resolutions are expected to be adopted on complementarity and victim issues, and an additional resolution or a report/summary of the discussions will be adopted on the issue of co-operation. A moderator’s summary will be the outcome of the discussions on peace and justice.

During the preparation process, States Parties have been open to inputs from the Court and civil society.

The Court will actively participate in the stocktaking in Kampala:

• The ICC President, Judge Sang-Hyun Song, will participate as a key note speaker on Co-operation, introducing the sub-topic of co-operation with the United Nations and other intergovernmental bodies, including regional bodies; Judge Song will also give remarks on the discussions on complementarity;
• The ICC Prosecutor, M. Luis Moreno-Ocampo, will give remarks on the discussions on complementarity;
• The ICC Registrar, Ms. Silvana Arbia, will participate as a panelist to the discussions on the impact of the Rome Statute system on victims and affected communities.

Complementarity

Under the principle of complementarity, the Court only acts where States are unwilling or unable to credibly investigate and prosecute international crimes. If States ensure that they deal with these crimes, the Court will not need to act. Even where the Court has territorial jurisdiction, it only has a mandate and capacity to deal with the most serious of accusations. Lesser perpetrators would fall under the jurisdiction of States. In other words, States retain primary responsibility for trying the perpetrators of international crimes.

The discussions in Kampala will focus on the practical application of the principle of complementarity in the Rome Statute system, as well as possible activities and actions that States can undertake in order to strengthen and enable other States’ capabilities to conduct investigations and trials of international crimes (concept known as”positive complementarity”).

Co-operation

States Parties have the obligation to cooperate with the Court under the Rome Statute regarding several aspects such as arrests and surrenders, freezing of assets, tracing of assets, protection of victims, and witnesses, etc. States Parties also need to adopt specific implementing legislation to facilitate Co-operation with the Court in these areas.

The discussions will focus on the States Parties’ experiences in relation to Co-operation, including challenges and good practices, implementing legislation, agreements, arrangements and other forms of Co-operation and assistance, Co-operation of the Court with the United Nations and other organizations, and ways of enhancing knowledge, awareness and support for the Court.

Impact of the Rome Statute system on victims and affected communities

Under the rules and regulations governing the Court, victims can send information to the Prosecutor concerning crimes within the jurisdiction of the Court. Also, for the first time in the history of international criminal tribunals, victims have the right to participate in proceedings and request reparations. This means that they may not only testify as witnesses, but also present their views and concerns at all stages of the proceedings.

The discussion will focus on the impact of the Rome Statute in recognizing victims’ rights to justice, participation and reparation, as well as the role of outreach in impacting victims’ expectations. A review will also be conducted on how the Trust Fund for Victims has contributed towards individual dignity, healing, rehabilitation, and empowerment of victims, and areas in which its work could be enhanced.

The Trust Fund was established by the Assembly of States Parties in 2005 for the benefit of victims and their families.

Peace and Justice

Individuals suspected of involvement in international crimes may at times play a role in peace negotiations and in peace-building contexts. Questions arise about when and what kind of accountability is appropriate in different situations.

As it is now commonly acknowledged, peace cannot be separated from justice, there is a need to discuss ways in which justice efforts and peace efforts can be integrated, the role of the Court and truth-telling and reconciliation processes in facilitating peace efforts and transitions, and the need to safeguard the interests of victims in any post-conflict situation.