ICC launches internal investigation. Moreno Ocampo not under investigation.

The following statement contains :
• Moreno Ocampo response to the ICC launching an internal investigation
• Moreno Ocampo not under investigation , and makes himself available to help
This statement was first sent to the ICC.

…………………….

Dear Madam Chief Prosecutor,

I am very grateful for your decision to open a fair process to investigate allegations based on hacked and stolen information and published through two different media collectives.

I noted that you requested full cooperation to establish the facts. Even though I am not and I could not be under the Internal Oversight Mechanism (IOM) investigation I want to support the inquiry. By the IOM own standards, it cannot take into consideration information obtained by criminal means, but I can provide some documents and explanations to clarify the allegations.

Firstly, I could clarify that none of the advice I have given in the course of my private practice since I ended my tenure: a) triggered any conflict of interest with regards to my mandate as ICC Prosecutor, b) provoke any interference with the Court’s work or any of its officials or c) was based on any internal or confidential information.

Specifically, my advice on the possibility that alleged crimes committed by different parties of the Libya’s conflict that started in 2014 were going to be investigated by the ICC was exclusively based on your public statement before the UN Security Council presented on May 12, 2015. To prevent violence, you announced what groups acting in Libya would be investigated. If my client authorizes me to do so, I will provide the IOM with a legal memo that I prepared in 2015 under attorney/client privilege that will dissipate any doubt about the public source of the information I used. Similarly, if my client authorizes me I will provide documents from 2015 showing the scope of my advice in this conflict focused on how citizens could assist to investigate the crimes committed by the different parties to prevent violence. In this document, I specified that I would not act before your office or the Court to avoid any appearance of interference with your authority.

Secondly, I believe that the scope of the IOM inquiry should be expanded because some of the information published is based on my professional emails and confidential communications that were sent through the official ICC IT system during my tenure.  I learned through the Presidency’s statement that in the Court’s assessment, the electronic system was not tampered with by the hack. As a consequence, the internal inquiry should also analyze whether someone with access to the official ICC IT system provided such emails to those who are presenting the allegations. If this was the case, it could represent a breach of confidential duties that should be investigated. I can provide further information on this aspect or any other aspect if required.

Please transmit my offer to fully cooperate with the IOM authorities and regarding the scope of the inquiry to the Presidency. I will make this letter publicly available later today for the sake of transparency in my communications with the Court and its officials. I remain at your disposal.

Yours,

Luis Moreno Ocampo
521 Fifth Av. 33rd Floor
New York, 10175, New York, USA