Prosecutors at the International Criminal Court (ICC) are failing to bring to trial senior government officials responsible for atrocities, undermining the credibility of the world court set up to try those most responsible for war crimes, genocide and crimes against humanity, says Human Rights Watch.

"The delivery of justice at the International Criminal Court (ICC) is at risk despite progress by the ICC prosecutor," said Human Rights Watch in a new report. "With the appointment of a new prosecutor by year’s end and new cases in Libya, the ICC prosecutor should close gaps in investigation and prosecution strategies and bring additional cases."

In its 50-page report, “Unfinished Business: Closing Gaps in the Selection of ICC Cases,” the rights group assesses the ICC Prosecutor’s choice of cases in its first five investigations in Central African Republic, Darfur, Democratic Republic of Congo, Kenya Uganda. The probes have yielded 10 cases and three trials. A praiseworthy effort according to HRW, but underlines that "these cases have not gone far enough to ensure that justice delivered by the ICC will resonate with concerns of victims and affected communities.

“The ICC’s first investigations have too often bypassed key perpetrators and crimes,” said Elizabeth Evenson, senior international justice counsel at Human Rights Watch. “From Congo to Darfur, the prosecutor needs better strategies for case selection to achieve the court’s goals in these countries.”

In Congo and Uganda, ICC investigations have not yielded charges against government officials and armed forces widely alleged to have committed serious abuses. The absence of these cases – or clear and public explanations as to why they are not being pursued – has left too many victims without justice and undermined perceptions of the court’s independence and impartiality.

In investigations in the Central African Republic and of Sudanese government atrocities in Darfur, the ICC has targeted only one senior leader for prosecution. Ensuring that those most responsible are brought to justice is a key benchmark of the ICC’s mandate, and one unlikely to be satisfied through a single prosecution, Human Rights Watch said.

“The ICC prosecutor’s tough choices face intense scrutiny, which makes it all the more important that they enhance the court’s independence and credibility,” says Evenson. “By failing to project an effective and coherent strategy through his investigations, the prosecutor has too often come up short.”

ICC member countries will meet in December 2011 to elect the next ICC prosecutor, who is expected to take office in mid-2012. Human Rights Watch urged the Office of the Prosecutor to put more effective case selection strategies in place.

(HRW)