The Tunisian state, which had acceded to the Rome Convention in 2011 and is now a member of several other international legal conventions on human rights and the principles of criminal justice, has a duty to put into practice the values and principles contained in these agreements by upholding the independence of the judiciary, said the newly elected judge of the International Criminal Court (ICC), Haykel Ben Mahfoudh.
He also called for the adoption of new laws criminalising war aggression and war crimes to bring Tunisia’s legal system into line with international law and the Rome Convention.
In a statement to TAP on the sidelines of a ceremony held in his honour at the Faculty of Law, Political and Social Sciences in Tunis on Saturday, Ben Mahfoudh said that his election as a Tunisian judge at the ICC was a sign of the Tunisian government’s commitment to defend the principles of justice and human rights and to fight impunity, despite the economic, political and social difficulties facing the country.
Be
n Mahfoudh was elected a judge at the ICC on December 6 last year. He is the first Tunisian to hold this position since the Court was established in 2002.
In his speech, the judge underlined Tunisia’s commitment to the values of justice and human rights, an issue that was at the heart of Tunisia’s election campaign to host the ICC.
Tunisia is an active member of the regional legal system and plays a key role in the Arab region with regard to human rights, he noted.
“The Tunisian legal system is still waiting for laws criminalising acts of aggression, war crimes, crimes against humanity and genocide,” he stressed, referring to a draft amendment to the Penal Code prepared between 2017 and 2018. That draft amendment proposes the inclusion of crimes against humanity and war crimes in the Tunisian legal system.
He also expressed his firm belief that independence is a key element of his work as a judge, stressing that independence in relation to his country is obvious and poses no problem, as Tunisia, he said,
is a country that respects the independence of the judiciary.
“As a judge, I do not represent Tunisia, but humanity as a whole and the 123 member states of this Court,” he added.
Ben Mahfoudh also explained that the concept of independence is defined in relation to the external pressure exerted on the ICC by some non-member countries, which do not see the point of having an Arab-Tunisian judge on the Court and even question the very existence of the Court, considering that it acts against their interests and influence in many regions.
In this regard, he stressed the importance of being aware of these pressures and maintaining one’s independence and neutrality as a judge, while at the same time working to ensure the credibility of the ICC’s decisions in all cases and proceedings through consistency and harmony in its work.
Ben Mahfoudh said he would be sworn in next March before taking up his duties in one of the chambers, namely the Pre-Trial Chamber, the Trial Chamber and the Appeals Chamber. The ICC Pre
sidency is responsible for appointing new judges to these different chambers, he added.
The event was attended by law professors, deans, ministers and officials from the Prime Ministry and the Ministries of Foreign Affairs and Higher Education.
The participants expressed their pride in Ben Mahfoudh’s election to the ICC, saying it will help raise Tunisia’s profile at the scientific and academic level and strengthen its presence at major international meetings.
The guests expressed their pride in the election of Haykel Ben Mahfoudh to the ICC, which will contribute to Tunisia’s influence at the scientific and academic level and strengthen its presence at major international meetings.
The Prime Minister’s Chief of Staff, Samia Charfi Gaddour, took the opportunity to call on academics and researchers to apply for positions in the various international scientific and academic institutions, assuring that the Prime Ministry will support and follow up all applications.
Source: Agence Tunis Afrique Presse