Please reply to some or all the following questions as comprehensively or concisely as you wish

Transcription

1 CICC Questionnaire to Candidates for elections of the ICC Registrar Please reply to some or all the following questions as comprehensively or concisely as you wish Name: Annunziata Ciaravolo Nationality: Italian 1. Article 43 of the Rome Statue sets out that the Registrar shall be a person of high moral character, be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court. How do you meet these criteria and why do you want to become the Registrar of the International Criminal Court? I have spent my career working in the field of criminal justice, and I have found the issues I faced to be both challenging and deeply disturbing. My commitment in this area stems from a strong belief that all individuals should be able to live in a just society without having their lives fractured by crime. Where crimes occur, particularly those crimes of greatest concern to the international community, fair and transparent justice systems must be in place. Working toward this goal is worthy of a profound, collective effort of which I wish to be part. The International Criminal Court is a milestone in creating a global response to the most serious crimes, and I would welcome the opportunity to put my experience and expertise into helping to ensure that the Court grows well and fulfils its critical mandate. I have more than 25 years of experience in the justice sector, including service as Judge and Prosecutor at the national and international levels. In addition, I have held senior management positions in the administration of judicial institutions in Italy and with the United Nations Mission in Kosovo (UNMIK). I have required, in order to carry out my work thus far in my career, to develop a strong moral character, and a high level of substantive and administrative competence. I am familiar with how the adjudicative, prosecutorial and administrative aspects of criminal justice systems function, independently and inter-dependently, to achieve justice. An efficient, responsive Registry is critical in supporting judicial activities. The work required of the ICC Registry is especially complex, as it involves supporting the development of an historic institution and responding to multiple, emerging, needs of the Prosecutor, Chamber, victims, witnesses, defense, States Parties and civil society. Maintaining a strong Registry at the ICC is a key to building a robust and truly global Court, and I believe I can make a difference and contribution by devoting my skills and energy to the Court as Registrar. I note that I am fluent in English and have worked for several years in an English-speaking environment with UNMIK. I am also able to converse easily in French and participate regularly in courses to improve my French skills.

2 2. What are the other most important characteristic(s) that an effective Registrar needs? Please feel free to enumerate them according to their importance and how your character, qualifications and experience meet them. A Registrar must have a firm understanding of, and respect for, the mandate of the judicial institution in which she works, and of its enabling legislation, rules and regulations. The Registrar must have solid leadership skills and be able to develop and communicate a strategy and direction which can be implemented by staff members. A Registrar also requires professional passion for her work, with a range of skills that cover diplomatic, policy and technical areas of concern to the Registry. In order to work effectively as Registrar with the ICC, and to take a holistic approach to the administrative needs of the Court, it is important to have experience in the areas of relevance to the activities of the Court, preferably from a multi-faceted perspective (prosecutorial, adjudicative and managerial). A Registrar of an international institution must be open to, and respectful of, working in a multi-cultural environment. With particular reference to the ICC, the Registrar needs to be able to work fluently in at least one of the official languages of the Court, and ideally be able to participate in discussions in the second language. My qualifications and experience, which are described in greater detail elsewhere in this document, cover the entire range of issues relevant to a criminal justice institution, on both national and international levels. I have a substantive and administrative overview of all areas covered by the ICC Registry, and, importantly, a strong passion for furthering the aims of the ICC. 3. What is the relationship between the Registrar/Registry and the Judges, the Presidency and the Prosecutor? Describe the key elements of these relationships, as you understand them to be set out in the Statute. While the Prosecutor and Chamber are independent organs of the Court, the Registrar Registry functions as the channel of communication for the Court, a role which is crucial for facilitating all judicial activities. As a channel of communication, the Registry transmits information between the Court and parties to the proceedings, and between the Court and the public. This latter responsibility includes all manner of outreach activities, from establishing field offices to maintaining the Court website, without which the Court cannot hope to become known and understood as a legitimate criminal justice institution. The Registry Registrar is responsible for the non-judicial aspects of the administration and servicing of the Court, which is without prejudice to the Prosecutor s authority over the management and administration of the Office of the Prosecutor. As the principal administrative officer of the Court, under the authority of the President of the Court, the Registrar, and the Registry, provide common administrative services necessary to fulfil the mandate of the Court. Among the key services for which the Registrar Registry is responsible are the electronic system, custodian of original forms of evidence, maintenance of archives and registry, management of court proceedings, linguistic services and a wide range of services to victims, witnesses and the defence. 2

3 4. The Registrar has a special mandate vis-à-vis the outreach activities of the Court, both with regards to the affected communities in general, and the victims in particular. Please elaborate on your previous field experience and your philosophy regarding the role of the ICC field offices and describe any relevant experience that you have in dealing with security for such offices and whether you have dealt with any emergencies in relation to such Offices. I have more than four years of field experience with UNMIK, as is set out in more detail herein. Conditions have gradually improved since I initially joined the Mission in early 2003, however I nonetheless undertake my functions in light of constant security concerns. I have been involved, as Deputy Director of DOJ, in creating a security plan for the mission, including identifying essential staff. I served as the Chief Warden for DOJ while serving as Acting Director, and in that capacity had senior responsibility for ensuring that my staff was reachable in cases of emergency for evacuation purposes. I serve as Chief International Prosecutor in the Criminal Division of UNMIK s Department of Justice (DOJ). The Criminal Division houses the Office of the International Prosecutor, which is required to respond regularly to emergencies. International Prosecutors may be required to support police, both local and international, immediately after the commission of a crime and to make court appearances, particularly in relation to detention hearings. We can also be called upon, exceptionally, to react to mission-wide security concerns, such as demonstrations in front of UNMIK premises, explosive devices or other forms of aggression. I work in close cooperation with the Office of Missing Persons and Forensics and direct the work of the War Crimes Police Unit, of which both are front-line units in dealing with emergencies in a post-conflict setting. In an effort to further refine our response to emergencies, I instituted an on-call procedure, whereby an International Prosecutor and Legal Officer are assigned to be available and on-duty, during seven-day periods, after working hours and on weekends. One of my responsibilities as Chief International Prosecutor is to ensure the safety and security of staff members in their daily work. This includes recommending, where necessary, close protection for prosecutors, ensuring secure parking for vehicles of staff, organizing annual leave plans carefully to always maintain a core component of staff, and acting as the main channel of communication for all security-related briefings and directives for the Division. I believe that field offices for the ICC are critical in carrying out the mandate of the Court. Investigators must be able to gather evidence on the ground and outreach activities must be able to reach the targeted audience; successful investigations and prosecutions can only move forward under such conditions. Field offices not only facilitate a myriad of activities which further the mandate of the Court, but they also serve as a tangible face and presence of the Court and to the extent possible, a field office should be set up where the Court anticipates carrying out significant work. In addition, efforts must be made by the Registry to ensure dialogue, communication and responsiveness between the Court in The Hague and field offices. 3

4 5. The Registrar will manage a large number of staff, divided into various units, sections and field offices, dealing with a broad number of issues. How would you describe your management abilities and experience? What experience have you had in administering large criminal justice systems? How is that relevant to the work of the ICC Registry? What is your philosophy on delegation of authority? How have you implemented such a philosophy in your previous positions? I have extensive experience administering criminal justice systems, both in my home jurisdiction of Italy and in the context of a field mission in Kosovo. I would describe myself as a manager with a global vision, who believes in empowering staff to work with me in achieving that vision. I believe that I maintain a respectful approach as a manger, and solicit input from stakeholders. I seek practical and efficient solutions to challenges, and try to remain flexible. In order to build an efficient, harmonious and responsive office, it is necessary to delegate authority for tasks, with an underlying system of communication in place so that the head of the office is aware of activities and issues at play, in a timely manner, and can provide support and guidance, and be in a position to take ultimate responsibility. Delegation of authority is crucial in a system as complex as the ICC. It is a great tool in motivating staff members, as well as developing professional skills. I have implemented this philosophy in my previous positions, and been fortunate enough to have been surrounded by staff members who respond to delegated authority with skill and professionalism. My work experience is directly relevant to carrying out the functions of Registrar of the ICC. As a Judge and Prosecutor, I understand the substantive issues of relevance to the ICC, and as a manager I understand the administrative components that are so critical in facilitating judicial activities. My experience in management of criminal justice systems in Italy may be better understood by explaining that Judges in the Italian system retain supervisory control over court services, including court management, the transfer of defendants and witnesses in custody, interpretation of translation services, and issues relating to defence support and victim participation at the proceedings. I also had specific responsibility for managing the judicial activities and court services of the Sezione Autonoma Misure di prevenzione Antimafia of the Milan Court in my role as Deputy President of that division. In addition to adjudicative duties, I note that I also held two particularly important judicial managerial roles. I formed part of the Judicial Council at the Appeal Court of Milan 1, and served as Secretary to the Council, which is responsible, inter alia, for evaluating the working plans of the courts and offices under its jurisdiction. I was subsequently nominated Secretary General to the President of the Court of Milan, assisting the President in all aspects of the administration and management of a Court of approximately 200 judges. This work involved varied administrative tasks, such as allocation of human resources, logistical arrangements, establishing criteria for assigning cases, acting as a link between the President and the Judges, and coordination with the Office of the Public Prosecutor. As Deputy Director of DOJ, and as Acting Director and/or Officer in Charge of DOJ, I manage and/or support the management of a criminal justice system consisting of seven Divisions: -Penal Management Division (responsible for running eight correctional facilities with an average population of 1500, and following recent transition now provides monitoring oversight over correctional services, and retains ultimate responsibility for provision of emergency security at Kosovo's maximum security detention facility - this Division consists of approximately 1500 staff members); -Legal Policy Division (responsible for monitoring and capacity-building in transitioned legislation and policy sections, and retains authority for complex international judicial cooperation matters and relations with foreign authorities - this Division consists of approximately 30 staff members); 1 This Court is one of the largest in Italy, and has under its jurisdiction 12 Courts of First Instance, the Appeal Court, 12 Public Prosecutor Offices, 500 judges and prosecutors and the Attorney General Office. 4

5 -Judicial Development Division (responsible for the Judicial Inspection Unit, Judicial Integration and monitoring the local judicial institutions, including the Victims Assistance and Advocacy Unit - this Division consists of 125 staff members); -Missing Persons and Forensic Division (responsible for monitoring and capacity-building in transitioned forensics competencies and retaining responsibility for issues related to persons still missing from the conflict in Kosovo - this Division consists of 75 staff members); -Administrative Division (provides common administrative services, including budget, procurement and finance, to all DOJ - this Division consists of 60 staff members); -International Judicial Service Division (Office of the Chief International Judge) and Criminal Division - these Divisions, under a common budget line, consist of approximately 180 staff members. My involvement has covered many areas, of which I highlight the following: -overseeing the preparation of budgetary input, reports on budget/programme performance and implementation of DOJ budget (including funds coming from the UN budget, the Kosovo Consolidated Budget and external donors) -overseeing compliance with procurement and financial procedures in administering the DOJ budget, which requires the application of different procurement and financial rules and regulations depending on the source of the funds in question; -attending meetings with the Special Representative of the Secretary-General (SRSG) and the Heads of other UNMIK Pillars (Civil Administration, the OSCE and the European Union) in order to consult and coordinate on matters of mutual concern; -information and communication technology services, including registries in both the Office of the International Prosecutor and the Office of the International Judge, as well as a specialized database for tracking requests for international legal assistance; and -Overseeing responses to requests for public information pertaining to work of the DOJ, and particularly to the prosecution and adjudication of criminal cases. As Chief International Prosecutor with the Criminal Division (CD), I supervise the management of the activities undertaken by the International Prosecutors, including the following areas: -managing human resources for CD, which includes approximately 75 staff members; -oversee the management and implementation of CD budget, which includes UN, Kosovo Consolidated Budget and donor funds, and ensuring that the appropriate procurement and finance rules and regulations are applied; -determining which cases should be taken on by CD, in accordance with the mandate of International Prosecutors in Kosovo; -supervising the work of International Prosecutors in investigating and prosecuting a current caseload of more than 250 active cases in the preliminary investigation stage and more than 150 criminal reports under review; -chairing regular meetings with International Prosecutors and International Legal Officers on case strategies, legal issues and case management; and -liaising with NATO forces (KFOR), UNMIK Police, the Kosovo Police Service (KPS), other departments and Pillars of UNMIK and donors on matters of mutual concern. 5

6 6. The Registrar liaises regularly with the States Parties on a broad number of issues and is expected to have broad understanding and experience in dealing with the diplomatic corps and with multilateral negotiations. How would you describe your experience with such external relations activities and what experience do you have dealing in Host Country relations? My work has always had an external relations component, whether in relation to criminal cases or the management of criminal justice systems. As Judge and Prosecutor in Italy, I had numerous criminal cases which had multi-national elements and required extensive mutual judicial cooperation with national judicial authorities. As Prosecutor with the Anti-Mafia Division in Milan, I drafted and negotiated the signing of a Memorandum of Understanding to enable direct investigative cooperation between Italy and the United States in terrorism, organized crime, trafficking in human beings and drug trafficking investigations. As Chief International Prosecutor and Deputy Director, DOJ, UNMIK, I regularly liaise with institutional and foreign authorities on specific criminal cases, as well as larger policy issues. I maintain relations particularly with the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the War Crimes Prosecution Office in Belgrade. The questions I face in my cooperation with the latter entities involve confidential, complex legal and procedural questions, and require a good deal of diplomatic skills and creativity in identifying solutions. As Deputy Director and/or Acting Director/Officer in Charge of DOJ, I supervised DOJ's support of the visit of the Security Council to Kosovo in April I oversaw the provision of relevant data to the Security Council by all DOJ Divisions, and represented DOJ at the meeting with the Security Council members chaired by the Special Representative of the Secretary-General. I currently collaborate extensively with the European Union Planning Team regarding activities relating to the organisation of the future European mission which will likely replace UNMIK at the end of its mandate. My responsibilities have included drafting a Memorandum of Understanding regarding the future transition of prosecutorial competencies and leading extensive negotiations of the terms of that MOU. I also liaise regularly with the Provisional Institutions of Self-Government in Kosovo, most typically with the Ministry of Justice and Ministry of the Interior, on a myriad of matters related to the interaction between the competencies of local institutions and of the United Nations. These external relation activities require sensitive diplomatic discussion with the goal of good cooperation, particularly in creating and/or amending legislation, acquiring use of office premises, and outreach and training activities. 7. The ICC has already established constructive and long term relationships with non-governmental organisations (NGOs). Do you have previous experience with working with NGOs, how do you see the role of NGOs in the Rome Statute system and what steps would you take to enhance that role? I work with NGOs in my current position as Deputy Director, DOJ/Chief International Prosecutor with UNMIK. Both posts call upon me to meet periodically with representatives from Amnesty International, Human Rights Watch and other NGOs to discuss the response of the judicial system to some of the most serious crimes which have been committed in Kosovo during and since the conflict. In addition, my office follows reports issued by NGOs into judicial activities in Kosovo, and carefully considers concerns and recommendations for improving our work. 6

7 The Rome Statute system foresees a place of importance for NGOs in furthering the mandate of the Court, and they should be seen as collaborators in achieving the aims of the Court. Given the global reach and character of the ICC, NGOs are critical partners in furthering the outreach mandate of the Court, particularly by promoting awareness and understanding of the work of the Court. In addition to bringing information about the Court to civil society, NGOs will often be in a better position to understand local contexts, and can communicate information to the Office of the Prosecutor, which may be of use in investigations. Where proceedings are underway, NGOs may be in a position to offer much-needed support to victims and witnesses, and may even present submissions to the Court as Amicus Curiae. NGOs also have an important part to play in promoting the ratification/accession process of the Rome Statute and implementation of the obligations of the Statue to ensure complementarity, cooperation between States and the Court and protection of victims and witnesses. Through outreach efforts and the provision of expert advice to States and other institutions, NGOs have a part to play in this fundamental activity. In short, NGOs are well-placed to understand local political, historical, cultural dynamics in areas where the Court is active, and to use their own structures to support the work of the Court and facilitate participation of civil society in judicial activities. The role of NGOs can be further enhanced by strengthening the dialogue between NGOs and the Court to address challenges that arise. Specifically with respect to field offices of the ICC, it will be important to prioritize communication with local NGOs, as they can be particularly effective in outreach and exchange of information in the field. 8. Do you have any specific expertise of relevance to the work of the Court, including, but not limited to, violence against women or children, victims and witnesses protection, outreach, legal aid, rights of the Defence in a criminal proceeding, victims participation in a criminal proceeding, investigations, prosecutions, etc? My work as Prosecutor and Judge, both nationally and internationally, has allowed me to develop significant expertise in many areas of relevance to the work of the Court. As Prosecutor in Italy, I have personally conducted hundreds of complex investigations and prosecutions, and overseen hundreds more as Chief International Prosecutor in Kosovo, in areas including war crimes, organized crime, trafficking in human beings, terrorism, corruption and ethnically-motivated crime. I specialized for several years in investigating and prosecuting cases of sexual abuse of women and minors, which included consideration of their specific needs in relation to interview techniques and requirements of protective measures and trauma counseling. Having also served as a Judge, I experienced similar issues and cases from the adjudicative perspective. I can say that I developed a profound first-hand understanding of some of the substantive and procedural issues which will be faced by the Court. I highlight in particular the following expertise which is closely related to some of the issues germane to the activities of the Court. As Prosecutor in the Anti-Mafia Division in Milan, I was responsible throughout the investigation and prosecution phases for witnesses who had turned Queen s evidence, some of whom were subject to witness protection programs. In addition to managing cooperative witnesses, I was responsible for numerous witnesses in proceedings relating to the trafficking of human beings, who had been victims of trafficking. During this period, management of witness protection programs was an integral part of my work, and required consideration of issues such as level and type of required protective measures, the possibility of witness relocation, and medical, housing and education needs of persons under protection. 7

8 As Chief International Prosecutor with UNMIK, witness protection is an issue which confronts my work on a daily basis. I have been active in promoting new legislation in this area, to fill current gaps in our ability to provide a full range of protective measures. I have been directly involved in relocating more than 40 people under protection, as some had been witnesses in war crimes trials and, together with family members, could not be adequately protected in Kosovo. I currently serve on UNMIK s Witness Protection Task Force, on appointment by the Principle Deputy Special Representative of the Secretary- General, which is undertaking a complete re-organization of the witness protection program in Kosovo. With regard to the rights of the defence in criminal proceedings, I note that this is an underlying principle which guided my work as Judge and Prosecutor in criminal proceedings. There can simply be no just outcome of criminal proceedings if the rights of the defence are compromised, and I have always undertaken my work with this in mind. I am very familiar with the participation of victims in criminal proceedings, and am pleased that this significant initiative has been taken by the ICC on an international scale. My home jurisdiction of Italy has long held a place for the participation of victims in criminal proceedings, where they are considered a party to the proceeding. I have worked in this type of system throughout my career as Judge and Prosecutor, and have prosecuted and/or adjudicated in proceedings where the victim was permitted to appoint a representative to make submissions to the Court, both on the impact of the crime and regarding claims for compensation and put questions to witnesses and make opening and/or closing Statements. 9. What proposals would you make to accord victims participation in the proceedings in the most efficient and expeditious manner. As noted above, I have worked for many years in a system where victims participate in criminal proceedings, and so I have a deep understanding of many of the issues at play. In the case of the ICC, however, the novelty of the approach on an international scale creates new challenges, and it will take some time to understand how best to provide for participation by victims efficiently and expeditiously. Certainly, the Registry s role in fulfilling the Court s mandate in the area of outreach and external relations are the foundation for victims participation by ensuring broad understanding of the work of the Court and facilitating States Parties to provide for protection and assistance to victims in national legislation. More specifically, the Registry can facilitate victims participation by ensuring that the Victims and Witness Unit and field offices are properly staffed and equipped and able to carry out their mandate. Appropriate logistical support must be available so that necessary protective measures, security arrangements, counselling and assistance can be provided with a view to respecting the cultural and language barriers which may be faced. Given the type of cases anticipated to be heard by the Court, it is likely that efficient and expeditious victims participation will also be achieved through the use of common legal representatives where there are a number of victims, keeping in mind that the use of a common legal representative should not encroach on the distinct interests of the victims. The Registry must keep its list of counsel for this purpose regularly updated. In carrying out its functions in support of victims participation in proceedings, the Registrar should seek, in the short and medium terms, to understand how the mechanisms in place will work in reality. It is advisable to seek feedback from victims after the conclusion of proceedings to understand how they experienced their participation and whether they believed that their needs were met. Similarly, periodic reviews of the mechanisms should be undertaken so that lessons can be learned from early experiences and necessary changes considered. 8

9 10. The ICC Registrar is uniquely charged with establishing the eligibility and qualifications of defence counsel, providing support to them, and working with the Court to promote the rights of the defence. Within the limits of the Rome Statute and other applicable ICC regulations, what would you do to ensure adequate representation of accused persons, and in particular how would you ensure equal facilities, resources and access ( equality of arms ) among the parties to a case? The rights of the defence are integral to a fair and transparent criminal justice system. In an institution like the ICC, it is imperative that the Registrar provide as broad support as possible to the defence in order to ensure equality of arms in criminal cases. The fairness of the process, and the legitimacy of the Court, demand this. Adequate representation of accused persons necessitates ensuring the independence, both functional and in appearance, of defence counsel. Resources, including counsel and investigators, and access must be adequately allocated to support the rights of the defence, and this allocation must be done in full consultation with concerned stakeholders. The Registry must also focus on its responsibility to train defence counsel on the law and rules of the Court. Training activities should be offered with regard to geographical representation, but with particular emphasis on areas where situations and/or investigations are ongoing. Building local capacity will not only support the right of those accused appearing before the ICC, but also work toward the goal of complementarity. 11. The Registrar oversees the recruitment of the Court, based on principles of qualifications, geographical representation and gender balance. What are your solutions to hiring competent staff, keeping competent staff and terminating contracts of incompetent staff? Competent staff is the most critical resource to any office, and the recruitment process is therefore of an importance not to be underestimated. In order to build a truly international institution, geographical representation and gender balance need to be guiding principles in the recruitment process. I note that I have always worked toward gender balance in the legal profession. While a member of the judiciary in Italy, I served as on the Equal Opportunities Commission of the Superior Council for Judges and Prosecutors, which established gender equity policies for judges and prosecutors. In that capacity, I drafted a gender equity policy which was subsequently adopted and implemented on a national basis. There are no perfect solutions for hiring competent staff, but one must make full use of the tools that are available, which include careful review of curricula vitae against the competencies required for the post, thorough, fair and transparent interview process, requiring writing samples or administering exams where appropriate for the post, and following up with references. Once qualified potential staff members have been identified, achieving geographical representation and gender balance should be goals for the final selection process. Once competent staff members are in place, it is in the interest of the institution to keep them. Again, while there is no absolute formula for doing so, there is a greater likelihood of retention where adequate support is provided and an open dialogue in maintained with colleagues and supervisors. By maintaining a healthy dialogue, there is a greater likelihood that staff continue to produce their best work in keeping with the goals of the institution, that areas of strength can be acknowledged and be put to best use, areas of weakness can be addressed, and staff members interest and career goals can be accommodated as much as possible. Staff members should also, as appropriate, be given a chance to participate in the strategic planning and development of the institution. 9

10 When a staff member is not performing competently, management must take steps to address the issue as soon as it becomes apparent. Dialogue should occur so that the problems can be explored and understood, and support and direction can be given so that the staff member is afforded a real opportunity to improve. All rules and regulations pertaining to staff performance clearly must be followed. However, an employer has a right to expect competent performance, and when the measures in place have been fully and fairly applied and performance is still lacking, steps should be taken to terminate contracts. 12. Have you made speeches and presentations regarding the ICC or related topics and/or have you published articles/books on these subjects. I have published numerous articles on issues of criminal law directly related to the Italian legal systems, as well as the following selected articles (with title translations) on subjects related to the mandate of the ICC: L audizione della persona già indagata di reato (Interviewing former defendants: considering value of testimony where credibility is at issue), in Diritto penale e processo n. 4/2002 Profili di incostituzionalità del giudizio abbreviato, in Giurisprudenza di merito (Alternative procedures for expediting criminal proceedings: constitutional issues), Anno XXXIII Fasc ; Altolà delle Sezioni Unite della Cassazione contro il processo come strumento dilatorio (Addressing delays in criminal proceedings) in Guida al diritto n. 8 del 3 marzo 2001; Legittimo concedere le attenuanti all imputato solo se la vittima non ha subito seri traumi (Mitigating circumstances available only where no serious trauma to victim) (n Guida al diritto n. 42 del 18 novembre 2000; Per formare il libero convincimento del Giudice può bastare la testimonianza della parte offesa (Discretion of judges in evaluating evidence at trial) in Guida al diritto n. 19 del 27 maggio 2000; Marcia indietro dopo la sentenza sui jeans: la Cassazione cancella l onere di resistenza (A step backwards in the jeans sentence) in Guida al Diritto n. 47 del 4 dicembre 1999; I note that I have also a number of presentations of relevance: Presentation on trafficking of women and minors in connection with a conference I organized in collaboration with the United States Consulate in 1999; Presentation for the High Council of Judges and Prosecutors of Italy as part of a training component for newly appointed judges on the substantial criminal law in the area of sexual abuse; Presentation at a conference organized by the High Council of Judges and Prosecutors of Italy and the University of Palermo on Punishment, Reconstruction and Reconciliation: from international criminal justice to collective and interpersonal conflicts. Presentation: punishment, reconstruction and reconciliation in regional conflicts: Kosovo. 10

11 13. An important project for the Registrar in the upcoming period will be the development of the Permanent Premises of the ICC. What is your vision for this historical process? What experience do you have in negotiating contracts related to construction, building or similar technical matters and/or overseeing large projects in this regard? The development of the Permanent Premises of the ICC is indeed an historical process. My vision is to build upon the work which has already been done with the goal of a premises which will house all organs of the ICC in such a way as to be cost-efficient and responsive to the need for flexibility as the institutions grows. The Permanent Premises should be conceived and designed to reflect the international aspect of the institution and its mandate. All organs of the Court should co-exist in one location, but have a logical physical separation in order to maintain functional independence. One of the greatest challenges is to try to plan on the basis of assumptions of the future workload of the Court. It is possible at this stage to create general assumptions as to the number of situations and cases which will be handled by the Court, and the staff members required to support them. These assumptions must be allowed room to fluctuate, and the premises needs to foresee the possibility that it will have to grow in scale, and that its interior space may need to allow for multiple types of use. The information and communication technology infrastructure of the premises must also be designed to allow for enlargement and evolution based on real needs. A further consideration is to plan for detention facilities in close proximity to the Permanent Premises, with adequate security provisions in place. Victims, witnesses and the defence must also be properly accommodated in the Permanent Premises, with appropriate administrative facilities, privacy and protective measures, as appropriate. In addition, any concerns that the location of the Permanent Premises may create disturbing associations for victims and witnesses should be taken into consideration and creative solutions sought. The Permanent Premises must also allow for participation, where possible, by civil society in the activities of the Court. With respect to my experience in this area, I note that I have recently successfully concluded the establishment of permanent premises for the Kosovo Special Prosecutor s Office (KSPO) in Kosovo. The KSPO is a critical capacity-building prosecutorial initiative of UNMIK and its long-term feasibility depends on providing secure and appropriate permanent premises. I led negotiations with international and local police, judicial and political authorities to ensure the ability of the KSPO to grow and develop in the same premises, which was formalized with a Memorandum of Understanding. Negotiations were required as the KSPO shares its premises with part of the Kosovo police structure, a solution which was determined to be preferable from the perspective of logistics and security. Among the issues I faced in establishing these premises was the necessity to allow for capital improvements to be undertaken and going through the tender/procurement process to carry them out; formalizing an expense-sharing formula with authorities holding an interest in the premises and overseeing a complete refurbishment of the information and communication technology system in place, including the creation of a specialized and responsive database for the KSPO. 11

12 14. Have you had experience in working with results based budgeting systems. If yes, what was your role, how large was the budget, whom did you consult and what do you believe are the key factors in running a successful system? What do you see are the main budget issues in the current proposed budget and how has it improved over the system used by the ICC in its first budget? What strategies would you undertake in relation to the preparation, submission and examination of the budget document to ensure support by the Committee and States parties for increased investment in key areas? I have worked with a results-based budgeting (RBB) system as Head of the Criminal Division and Head of the KSPO at UNMIK for close to three years. My role relates to articulating objectives, requesting resources to carry out planned activities for the Criminal Division, and to setting out indicators upon which to measure achievement of the objectives. I am also responsible for reporting on the results achieved following the end of a budget year, and explaining any discrepancy between results predicted and achieved. Finally, I respond to requests for substantiating the activities carried out under the RBB by the relevant auditing authority of the United Nations. With respect to the activities of the KSPO, I am responsible for an annual budget of approximately 1.4 million Euro, coming from both the funder and the Kosovo Consolidated Budget. The activities of the KSPO form part of the RBB for the inputs of the Criminal Division under UNMIK s annual RBB. I am also responsible for the staffing component of the RBB for our Division, which covers approximately 75 staff members. In working on the RBB for UNMIK s Criminal Division, I consult with staff, including senior International Prosecutors and the administrator of our Registry. I also consult with the International Judicial Support Division, which houses the International Judges, as the work of our offices have some interplay. Finally, I consult the Director of DOJ, who has the broad overview of the RBB for the Department as a whole. Broadly speaking, in order to run a successful RBB, it is necessary to consult all interested stakeholders. One must also work at balancing the needs and requests of all arms of an institution to ensure unity of purpose and cost-efficiency, ensure that requested resources and corresponding results properly reflect the mandate of the institution, and allow for some reasonable degree of flexibility in order to be responsive to the specific nature of the work of a judicial institution. I note that I have faced some of the same issues which are surely faced by the Court in creating and structuring a budget, namely that the process of estimating and predicting results of judicial activity is difficult. It is always a shifting target to predict what situations a criminal justice system, and particularly the ICC, will be called upon to respond to, and therefore results may not always flow naturally from initial estimates. Flexibility needs to be part of this type of system. I believe the budget process of the ICC has been largely successful in its first years in identifying and supplying the Court with the essential resources to begin its institutional development and start its judicial activities. It also appears to have put in place internal systems of dialogue and consultation which have created important unity among all organs of the Court in its budget. Among the major issues in the current proposed budget is under-spending of resources, which has been a challenge thus far in the short life of the Court. A substantial number of approved posts were not filled in the last budget year, resulting to a large degree in the current under-spending. The potential consequences of chronic and/or significant under-spending are that States Parties may question supporting growth budgets where they do not see full use of allocated resources. In order to address this issue, a major focus of the activities of the Registry in the coming year should be on the development of 12

13 human resource policy and of corresponding recruitment activities. As well, the budget document should continue in its positive attempts to present clear and cogent justification for non-utilized resources related to recruitment of vacant posts. A further aspect of this issue appears to be attributable to the difficulty in predicting with accuracy how situations and investigations will unfold. When situations develop more slowly than first anticipated, resources which had been set aside do not get utilized. At its current stage of development, however, the Court must continue to forecast spending for judicial activities on the basis of assumptions which are still largely untested. Therefore it may be of use to explore ways to make any needed amendments to the budget between the time it is presented for consideration and the time it is adopted. Among a number of issues at play, provision for adequate staffing and outreach capabilities of field offices is crucial to the developing work of the Court. The budget document is an essential tool for the thoughtful and active consideration by stakeholders, and the current proposed budget goes a long way toward reflecting this. It is important that the document is as informative as possible, including sufficient contextual information and ways to measure performance. It appears there has been good progress in this respect. It is also important to be sure that the budget document delineates the relationship between new proposed resources and how they are connected to resources currently being used by the Court. The full picture is needed. As Registrar, I would take on board all comments, both from the Committee and others, to continue to improve on the document. In turn, this would help in the ongoing efforts at encouraging all States Parties to participate fully in the budget process. 15. How would you evaluate the performance of the ICC Registry in its first 5 years? What are the principal achievements? How would you build on them? What do you believe are currently some of the major challenges and weaknesses of the Registry and how would you address them? The Registry of the Court has performed commendably in its first 5 years in carrying out the daunting but stimulating task of supporting the creation of a global institution from the ground up. There have been significant achievements: recruitment of staff, major steps toward establishing a permanent premises for the Court, oversight and development of a greatly increased budget, establishment of a Victims and Witness Unit, establishment of field offices, an inclusive process of drafting Regulations of the Registry, an operational detention infrastructure, active outreach activities and facilitating work of the defence. Surely one of the greatest achievements is the fact that these activities are now being used in support of investigations and prosecutions before the Court. As Registrar of the Court, I would seek to build on these achievements by first learning and listening to all stakeholders in order to form a strategic vision for the next five years of the life of the Court. I would try to learn from initial experience of the field offices to refine and respond better to circumstances on the ground, and seek to open more field offices, as needed, in areas where the Court undertakes judicial activities. There are numerous challenges facing the Court. As judicial activities have now begun in earnest, the Court must establish its legitimacy in areas where situations or investigations are underway. Outreach activities must continue, together with efforts at external relations. It will be important for the ratification process of the Rome Statute to progress, and for States Parties to move forward in adopting and/or amending national legislation to implement the principles of the Statute. The issue of the permanent premises must be resolved, as the current situation is set to come to an end in the near future. It will continue to be a challenge to expand the staff and activities of the Court while it is 13

14 spread over several premises, while simultaneously attempting to design and build permanent premises which integrates sufficient flexibility for growth which is difficult to predict. A further challenge to be faced by the Registry is to continue to staff the Court, at increasing levels, ensuring not only that qualified personnel can be brought on board, but that the geographical representation and gender equity become as fully implemented as possible. It may be unfair at this early stage in the Court s life to characterize weaknesses, but there are clearly areas in which the Registry must focus efforts in the coming years. Comments and recommendations of all stakeholders, including the Office of Internal Audit of the Court, are important sources of information for understanding where systems must be improved. 16. Would you like to add anything regarding your experience in following areas: Public Relations; Strategic Planning; Making quasi-judicial or administrative decisions; and Relations with a Prosecutor s Office? Public Relations: As Deputy Director of UNMIK s DOJ, and as Acting Director and/or Officer in Charge of DOJ, I am called upon to act as a public face for communicating messages regarding the justice system in Kosovo. At times I meet with representatives of special interest groups, respond to requests for information or coordinate responses with UNMIK s Department of Public Information. Strategic Planning: During my tenure as a Judge in Italy, I was deeply involved in strategic planning for the court district of Milan, as Judges in Italy retain supervisory control over Court Services, including all aspects of court management. I also had specific responsibility for managing the judicial activities and court services of the Sezione Autonoma Misure di prevenzione Antimafia of the Milan Court in my role as Deputy President of that division. These roles required strategic plans to be prepared and implemented in all the varied areas of administration of the courts, including victims and witness services, language services and support to the defence. My current post requires a significant amount of strategic planning, for the work of the International Prosecutors in Kosovo, as well as for the DOJ as a whole. I note that this planning takes place against the backdrop of a field mission, which involves constant consideration of security issues. It also takes place against a shifting political reality which requires plans for transition to be put in place without knowing with certainty the timeline or character to which the Mission will respond. I must, therefore, organize our work plans in such a way as to retain flexibility while responding to the current reality, and I believe this experience will be an asset to the Registry as it continues through a development phase. Part of the strategic planning I have undertaken as Chief International Prosecutor is the the centralization of the Criminal Division, moving staff who had previously been dispersed throughout the territory to Pristina. Centralization optimized the use of prosecutorial staff, logistic support and equipment. This resulted in rapid communication, and enabled staff to be in better communication and allowed for greater oversight and support for investigations and prosecutions. The establishment of an on-call duty officer system has improved contact between International Prosecutors and the police. I am also intimately involved in strategic planning for the eventual transition to local ownership over the type of work now done by International Prosecutors. As the Head of the KSPO, I have been responsible for planning this multi-year capacity-building project almost from its inception. I have tried from the outset of this project to cover all aspects that would be required for long-term sustainability, including the following: expert advice regarding the adoption of enabling legislation for the KSPO, recruitment of 14

15 Special Prosecutors and other staff, interfacing with the local Chief Public Prosecutor and Minister of Justice on a regular basis to guarantee local support, initiating a formal training program, negotiation of permanent premises for the KSPO, refurbishment of premises, supervise the planning and implementation of the KSPO, and the development of a full information and communication technology component, including the establishment of a database. Making quasi-judicial or administrative decisions: In addition to my 16 years of experience in making judicial decisions as a Judge, I have also served as President of UNMIK s Conditional Release Commission of during my tenure as International Judge with the Mission. This Commission considered early release applications from detainees, and was jointly composed of local and international members. While presiding over the Commission, I decided approximately 200 cases, which represented a significant reduction in the Commission s backload of cases. While an International Judge with UNMIK, I also served as a member of the Kosovo Judicial and Prosecutorial Council, which deals with appointments, transfers, promotions and disciplinary procedures against judges, lay judges and prosecutors. In this capacity, I sat on disciplinary panels which took decisions on allegations of misconduct. Finally, I note that during my tenure as a Judge in Italy, I spent a period serving on the Tribunale di Sorveglianza, a quasi-judicial body which takes decisions on matters associated with the execution of criminal sanctions. The Tribunal considered matters such as complaints from those subjected to sanctions, issuance of privileges to detainees and execution of alternative measures. I note that I also served on a Tribunal which heard complaints from decisions of the Italian taxation authorities. Relations with a Prosecutor s Office: I have extensive experience with a prosecutor s office, having served as a Public Prosecutor in Milan, Italy for six (6) years, and serving currently as Chief International Prosecutor with UNMIK s Department of Justice for more than two years. In my current post, I not only oversee the substantive investigative and prosecutorial work of the International Prosecutors, but I also retain administrative responsibility for the Office of the International Prosecutor, which is composed of more than 70 staff members. I also maintain regular relations with the Office of the Public Prosecutor of Kosovo, in order to ensure a constant dialogue with our local counterparts. As noted, I wear two hats in UNMIK s DOJ, where I also serve as Deputy Director and Officer in Charge in the absence of the Director. In this capacity, I have varied substantive and administrative responsibilities for all Divisions within DOJ, and maintain a relationship with the Office of the International Prosecutor as one of the components of DOJ. 15

16 17. Have you ever been found after an administrative or judicial hearing to have discriminated against or harassed an individual on the grounds of actual or perceived age, race, creed, color, gender, sexual orientation, religion, national origin, disability, marital status, socioeconomic status, alienage or citizenship status? If yes, please describe the circumstances. No. 18. Do you know of any factors that would adversely affect your ability to competently serve as the Registrar, to comply with a member s ethical responsibilities, or to complete the responsibilities that the Registrar is required to assume? If yes, please explain. I know of no such factors. Thank you. 16