Nigerian’s Ibrahim James Pam is among 12 persons worldwide shortlisted for the position of the Registrar of the International Criminal Court.
This was disclosed by Silvia Fernandes de Gumendi, President, Assembly of State Parties to the Rome Statute.
The memo, sent to members of the ICC contained the names of the shortlisted applicants for the position of the Registrar, which will become vacant from on June 16, 2023.
Eighty-eight applications, Gumendi said, were received by the Court on equal representation and to ensure gender balance according to the provisions of the Court, out of which 12 were shortlisted, including Pam.
In the pitch by Pam, he stated that he is pleased to announce his interest in the position of Registrar of the International Criminal Court.
He wrote: “I am pleased to provide a statement of my motivation and interest in the position of Registrar of the International Criminal Court.
“Having worked in the area of international criminal justice, investigations and prosecution of Rome Statute crimes, internal oversight, administrative and criminal investigations, fraud risk management and fraud prevention at national and international level over the last twenty-two years, and given the diversity of my experience over this period, in addition to twelve years of banking and litigation experience as a Barrister and Solicitor of the Supreme Court of Nigeria prior to that, I offer myself for consideration for the position of Registrar of the International Criminal Court.”
He added that the ICC represents the triumph of a regime of laws that elevate the human aspiration for justice, and that also defend the most vulnerable in society from the terror and injustice of the worst crimes known to man.
Below is the full pitch: I am pleased to provide a statement of my motivation and interest in the position of Registrar of the International Criminal Court.
Having worked in the area of international criminal justice, investigations and prosecutions of Rome Statute crimes, internal oversight, administrative and criminal investigations, fraud risk management and fraud prevention at national and international level over the last twenty-two years, and given the diversity of my experience over this period, in addition to twelve years of banking and litigation experience as a Barrister and Solicitor of the Supreme Court of Nigeria prior to that, I offer myself for consideration for the position of Registrar of the International Criminal Court. The following is a statement of my motivation in addition to a description of related professional experience, and how these align with the requirement and job description for the position of Registrar, ICC.
The International Criminal Court represents the triumph of a regime of laws that elevate the human aspiration for justice, and that also defend the most vulnerable in society from the terror and injustice of the worst crimes known to man. This noble mission of the Court is one that deeply resonates with me, and one that must be at the heart of the operations of the Office of the Registrar. In my professional career I have had the privilege to serve the course of justice at both national and international levels, and particularly in countries across Africa that have borne the scars of mass atrocities, including Nigeria, Chad, Central African Republic, Sudan, South Sudan, Uganda, Mali, Senegal and Kenya.
As Principal Administrative Officer responsible for the efficient and accountable administration and servicing of the non-judicial aspects of the ICC as set out in Article 43 of the Rome Statute, the Registrar has primary obligation to ensure the effective management of the processes that safeguard the ability of the other organs of the Court to efficiently discharge their mandates. As Registrar I will appreciate the dual character of the Court as both a judicial entity and an international organization, and therefore ensure the preservation of this dichotomy in a manner that guarantees independence whilst ensuring seamless efficiency.
In undertaking the task of the Registrar ICC, I appreciate the need to have a strategic vision of the Court and its fundamental mission which, in the words of the Preamble to the Rome Statute, is to put an end to impunity for the perpetrators of the worst crimes known to man and to contribute to the prevention of such crimes. It is on this that I will build the strategic vision of my tenure as Registrar, faithfully working to accomplish the noble mission of the Court. In my years of experience in international institutions with important mandates, I have developed strong leadership qualities and strategic thinking, as well as the ability to lead and inspire colleagues. I will bring this wealth of experience that I have acquired to bear in the execution of the responsibilities of the Office of Registrar of the ICC.
It will be my priority to adequately resource and motivate the staff of the ICC to execute their tasks, and to ensure that the work environment is both physically and psychologically conducive to the fulfilment of the mission of ICC personnel. The value of a conducive workplace in the attainment of the noble mission of the Court cannot be exaggerated. I am aware that this is currently an important issue in consequence of the report of the Independent Expert Review Panel appointed by the Assembly of States Parties as part of the overall Court-wide review of the ICC.
In my experience leading accountability functions in UN field missions, at the African Development Bank, and at the Green Climate Fund, I have helped to create value-based work cultures that respond to the aspirations of working personnel, and meet the basic standards set for the international civil service and by the administrative tribunals. By executing my primary function in providing integrity oversight at the Green Climate Fund, I enabled the formation of administrative responses to address workplace issues. Some of the features of the reforms that were instituted by the Executive Director of the Fund include open and transparent consultation processes that defined the values of the institution and created an improved Employee Value Proposition; strengthened internal redress mechanisms of the Fund to create effective alternative, non-conflictual redress options for staff conflicts (including a strengthened Ombudsman function and an office mediator); and enhanced capacity for managers and supervisors to improve their management practices in addressing staff conflicts. I would be looking to implement a similar approach at the ICC.
As Registrar, I would as a matter of priority familiarize myself with the status of implementation of the recommendations of the IER Panel report, starting with the creation of a coordination mechanism to define implementation modalities common to the three Organs of the Court. I will engage in discussions with the Presidency and the OTP to work towards the modalities for implementation of the report, and to identify areas of immediate concern to achieve resolution of any impediments to reform.
I currently Chair the Ad Hoc External Advisory Panel on Work Culture for the Office of the Prosecutor, with responsibility for advising the Prosecutor on the reform of the working environment of the OTP in line with the recommendations in the IER report. The Panel has conducted a detailed examination of the issues raised in the IER report and has made extensive recommendations to guide the implementation of the recommendations of the IER in relation to the OTP. This has given me a deep insight into the issues relating to workplace conflict and dysfunction in the ICC, and the process by which the recommendations ought to be implemented. This experience would be invaluable for me in formulating an appropriate mechanism for implementing the IER recommendations related to the Office of the Registrar and which have Court-wide application, with due regard to the independence of the judicial functions of the Presidency and the OTP.
Also, with due regard to the independence of the Presidency and the OTP in the exercise of their judicial functions, I will lead the application of the “One-Court” principle in the administration of the non-judicial aspects of the work of the ICC. I will seek to undertake this under the strategic guidance of the Coordination Council established by Regulation 3 of the Regulations of the Court. Broad consultations will be undertaken to properly identify the scope and parameters of this principle in line with the provisions of Article 43 of the Rome Statute. I would lead a proactive, consultative approach to implementing common human resources and administrative standards across the Court, as well as in undertaking a coordinated initiative with the Presidency and the OTP in streamlining common services and functions which may currently be duplicated and therefore either weakened, or potentially risky to the operations of the Court. To enable me to do this, I would undertake an operational audit to identify such existing duplications of functions and processes, and then in coordination with the other Organs of the Court drive the resolution of such duplications.
The financial administration of the ICC is a matter of the utmost importance and it impacts the effective administration of the Court. It is absolutely essential to show the highest standards of fiscal discipline, adherence to the terms of approved budgets and high levels of budget execution. This builds trust with States Parties and enhances the reputation of the institution amongst all stakeholders. I will ensure a highly efficient process for determining needs and resource requirements, and then conducting needs-based budget planning, giving due consideration to the efficient use of budgeted resources and the need to ensure value-for-money. Budgeting and financial planning will be conducted in a fully consultative and transparent manner. While it is understood that the Court’s budgets are constrained by the ability of States Parties to fulfil their financial contribution obligations, I will actively engage the ASP (within the limits of my authority) to encourage the full realization of financial contributions.
I will also ensure strict adherence to financial rules and regulations, with a zero-tolerance for breaches. Strict observance of procurement rules is critical for avoiding waste and fraud. The Association of Certified Fraud Examiners estimates that corporations lose 5% of their revenues annually to fraud. I will therefore enforce 100% compliance with all financial regulations, including procurement processes. As a means of preventing the breach of financial, procurement and other regulations, I will employ a two-pronged approach of both training and awareness-raising (to overcome lack of awareness and excuses), and also design a preventative mechanism using a data-driven approach to identify risks of fraud and breaches.
At the Green Climate Fund, we have built a statistical model based on machine-learning that uses historical data to predict the occurrence of fraud in projects and corporate procurements. This is a highly reliable tool for predictive analysis, and it provides an opportunity to implement effective preventative means to avoid integrity breaches and financial loss. I will replicate this method at the ICC, and I will also ensure that any breach of procurement rules will be subject to applicable disciplinary processes.
I will take seriously the reporting obligations of the Registrar as clearly defined in the Rome Statute and in the Regulations of the Court. To this end, I understand that the Registrar acts under the authority of the President of the Court, and reports to the Assembly of States Parties. I will ensure that that the Registry provides comprehensive and timely reports on an agreed periodic basis in line with the statutory requirements.
In my current role as Director and Head of the Independent Integrity Unit at the Green Climate Fund, I have responsibility for ensuring the accountable use and adequate safeguarding of the USD37 billion total asset portfolio of the institution, managed through one hundred and three accredited entities, in one hundred and fifty-eight projects across one hundred and seventy-six developing countries. I am also directly accountable for the management of the USD4 million budget of my office. As part of my accountability for delivering on this mandate, I have multiple reporting obligations to the Budget Committee, Ethics and Audit Committee, Board of the GCF, Executive Director (for administrative matters only), Multilateral Organizations Performance Assessment Network (MOPAN), and individual States on request. I am therefore familiar with a multiple reporting schedules and I am able to organize that efficiently.
I also proposed and negotiated budgets and annual workplans both at the African Development Bank and ensured the faithful implementation of those budgets. I have had many years of managing budgetary and financial matters in large institutions and ensuring optimal and accountable utilization of entrusted resources.
The responsibility of the Registrar to ensure the efficiency of Court services is fundamental to the job description of the position. I have a sound appreciation of the requirements of this function, from the management of court proceedings and records, facilitation of defence services and victims’ participation, to the management of custodial services.
In my time as an Analyst/Investigator in the OTP from 2005 – 2012, I was designated Trial Coordinator with responsibility for managing the trial process on behalf of the investigation team in the Situation to which I was assigned. I therefore participated in trial processes on the side of the Prosecution and acquired familiarity with Court processes and procedures. I understand the importance of a fully functional, efficient and user-friendly electronic tool for recording of court proceedings and for management of court records. I was also tasked with the management of witnesses and victims, including coordinating with State civil and military authorities in Nigeria, Mali, France, Senegal and Chad. I am confident that as Registrar I will execute efficiently the responsibility to engage with State authorities in matters related to victims and witnesses.
Furthermore, I am also cognizant of the vital necessity to ensure the highest level of compliance with the ICC obligations in the Headquarters Agreement, and in every aspect of the relationship with the Host State. This includes ensuring full respect and adherence to Host State laws and, to the extent possible, preventing the abuse by ICC personnel of privileges and immunities granted by the Host State.
The participation of victims and witnesses in Court proceedings is a unique feature of the Rome Statute, as set out particularly in Article 68. It is the responsibility of the Registrar to facilitate their participation in proceedings including legal representation, and to ensure their security. The Victims and Witnesses Unit (VWU) is the primary channel by which the Registrar fulfils this obligation. As an OTP staff previously, I worked closely with VWU in safeguarding the security of Prosecution witnesses, and in facilitating the legal representation and participation of victims. As Registrar I will ensure that VWU is strengthened in its capacity to discharge its statutory obligations, and I will also enhance cooperation with the OTP.
I will pay special attention to matters related to the detention and custody of individuals, as well as to the management of detention facilities of the Court. Ensuring the efficient functioning of the detention facilities and the conditions of the detention of persons before the Court are essential for ensuring compliance with judicial decisions, and for preserving the rights of persons submitted to judicial proceedings in the ICC.
Also, very important is giving full effect to the terms of the Relationship Agreement with the United Nations, particularly as it provides for participation in proceedings, exchange of information, personnel matters, reports, use of the UN laissez passer, and financial matters. The provisions relating to cooperation and judicial assistance, and the testimony of UN officials are particularly important and require the attention of the Prosecutor. All of these would have my full attention as Registrar of the ICC.
As the ICC conducts operations in several countries and maintains field offices in many locations in its Situation Countries, it is vitally important that those external operations are efficiently run in order to facilitate the conduct of operations. As Registrar I will ensure that sufficient resources are deployed to maintaining the external operations of the ICC. I will undertake such contact and negotiations with Host States on a structured and ongoing basis to guarantee these operations. In discharging this responsibility, I will coordinate closely with the OTP to identify their requirements and ensure that the Registry makes such provisions as are necessary to ensure unhindered OTP external operations.
I recognize the importance to popularize the work of the ICC among local communities particularly in Situation Countries. I will ensure that we implement a programme of communication and outreach that is effective both as a means of information and as a means of exchange. The capacity of the Registry to undertake this important function will be enhanced.
The role of the Registrar also requires promoting dialogue and engagement with States Parties. This is essential for maintaining political and financial support, and for accountability. Within the limits of my authority as Registrar, I will design a roster of engagements with both the diplomatic representatives of States Parties at the ASP and in diplomatic missions in The Hague, as well as with State officials in their respective capitals, to ensure an open line of dialogue and engagement. This would very importantly include matters related to the enforcement of judicial decisions, as well as the enforcement of custodial sentences.
Altogether, my broad experience in the areas of administrative and criminal law, as well as financial investigations, procurement fraud investigations, crime analysis and fraud risk management, acquired in over twenty-two years of exceptional experience in national and international anti-corruption investigative offices and internal oversight mechanisms, provides me with a unique skillset that is invaluable in the context of institutional governance and internal oversight, and more specifically in the administration of a unique institution such as the International Criminal Court.
My experience is underscored by the superior education I acquired in social policy, criminology, crime prevention, international criminal law and human rights law at the London School of Economics and Political Science. I have also worked with multicultural teams with respect for diversity, and I am comfortable working in a multi-cultural, multi-lingual environment; additionally, I have acquired a sound knowledge of the rules and procedures of public international institutions, and the ethics of public international civil service. All of these stand me in good stead to meet and exceed the expectations for the position of Registrar of the International Criminal Court. I am honoured to present myself for consideration for the position.
Find attached also the full memo by the Assembly President.