20120705 Letter Final HoS Letter for Indonesia

New York, 5 July 2012
H.E. Mr. Susilo Bambang Yudhoyono
President of the Republic of Indonesia

Your Excellency,
We have the honor of writing to you on behalf of the Coalition for the International Criminal
Court (CICC), a global network of over 2,500 member NGOs in 150 countries, campaigning
for a fair, effective, and independent Court and increased access to justice for victims of
crimes against humanity, genocide and war crimes. On this occasion, we respectfully urge
you to ensure Indonesia’s accession to the Rome Statute of the International Criminal Court
(ICC) at your earliest convenience.
Your Excellency, 2012 marks the tenth anniversary of the Court, a landmark institution
which, despite various obstacles and challenges, is one of the most important achievements
in international law, together with the establishment of the United Nations. During these ten
years, the different organs of the Court – along with the incessant assistance and monitoring
of civil society across the world – have had the tremendous task not only of creating a
system aimed at putting an end to impunity for the gravest crimes, but also of initiating
investigations and bringing alleged authors of these crimes to justice. Following its historic
decision of March 14th 2012 in the Lubanga case, the Court continues to rely on states’
cooperation to ensure that suspects who remain at large are brought to the Court.
With the recent accession to the Rome Statute by Guatemala on 2 April, 121 states have now

ratified or acceded to this treaty – an impressive number considering that almost two thirds of
the world’s nations have now joined the system enshrined by the Statute over a period of
only ten years. To date, however, only 17 states in the Asia-Pacific region have ratified the
Statute, making this region one of the most under-represented within the Court.
Notwithstanding, it is encouraging to note that of the six ratifications achieved in 2011, three
correspond to Asia-Pacific States: The Philippines, Maldives and Vanuatu.
Your Excellency, the Coalition has monitored the ratification process in Indonesia very
closely, both through the work of its Secretariat as well as through local partners in the
ground. We were very satisfied to note the inclusion of ratification of the Rome Statute
within the 2011-2014 National Human Rights Plan of Action, as has been stated through
Presidential Regulation No. 23/2011. We hope that Indonesia will meet this set target and, in

this regard, would like to congratulate Indonesia’s acceptance of the 12 recommendations
concerning Rome Statute ratification that it received during the 13 th Session of the Universal
Periodic Review held in Geneva last May.
The Coalition is aware of some of the obstacles and legal challenges that have surfaced with
regards to some of the issues concerning the accession and implementation of the Rome
Statute within domestic legislation, and it calls on your government to assess these concerns
carefully and consider drawing examples from states parties that have successfully surpassed
similar challenges. In addition, while the Coalition is aware that states face a number of

different priorities in the international arena, we call on your government to consolidate its
commitment toward International Justice and join the 121 nations that have become a part of
the Rome Statute system. We are confident that Indonesia’s accession would not only
represent an important tribute to the Court in its 10 th anniversary year, but, due to your
important leadership in the region, would also have an impact in fellow ASEAN nations that
have yet to join the Court.
Your Excellency, please accept the assurance of our highest consideration, and should we be
of any assistance in this process, do not hesitate to contact us.
Sincerely,

Brigitte Suhr
Director of Regional Programs

Evelyn Balais-Serrano
Asia-Pacific Coordinator

CC:
H.E. RM Marty M. Natalegawa
Minister of Foreign Affairs
H.E. Mr. Amir Syamsuddin, SH, MH

Minister of Justice and Human Rights
H.E. Mr Purnomo Yusgiantoro
Minister of National Defense
H.E. Mr. Basrief Arief
Attorney General
H.E. Amb. Desra Percaya
Permanent Representative of Indonesia to the United Nations