On 12 September 2024, during a side event to the 57th Human Rights Council, the ICA, swisspeace, and the Swiss Federal Department of Foreign Affairs convened an important panel on the preservation of and access to the records of temporary international criminal courts and mechanisms. Held at the Palais des Nations in Geneva, this event brought together legal, archival, and civil society experts to discuss the challenges and opportunities surrounding the safeguarding of these invaluable records.
Moderated by Josée Kirps, President of the International Council on Archives, the panel explored the essential role that records from these temporary courts play in international justice, accountability, and reconciliation efforts. The discussions centred on the types of records created by these courts, the challenges of ensuring their long-term preservation, and the need for access to these documents for future generations.
David Crane, former prosecutor at the Special Court for Sierra Leone, highlighted the significance of records, especially those obtained but not presented in open courts, and their role in documenting atrocities. Monika Borgmann-Slim, co-founder of UMAM Documentation and Research in Lebanon, emphasized the importance of making these records accessible from an archival perspective, sharing insights from her work with the Special Tribunal for Lebanon. Lisa Ott of swisspeace’s Dealing with the Past programme discussed the potential future uses of these records for legal and transitional justice processes.
Stephen Haufek, Chief of the Archives Unit at the UN, provided insights into the UN’s capacity to preserve and provide access to these records, while Trudy Peterson, former Archivist of the United States and current member of the ICA’s Section on Archives and Human Rights (ICA/SAHR), reflected on the critical issues facing national archives in preserving and hosting such sensitive information. As she aptly stated:
The challenges are simple to state and difficult to solve: sustainability and accessibility. How can we establish a funding floor that will ensure the archives are in an architecturally sound building, with adequate storage space and proper equipment, managed by sufficient professional staff, for decades to come? And what are the appropriate regulations on access to the archives, including how to determine what is withheld, who has authority to remove restrictions, and what reference services will be provided?
The event saw participation from representatives of over 20 countries, both in person and via a livestream broadcast from the ICA YouTube channel. Attendees included delegates from Switzerland, Mexico, Turkey, Liechtenstein, Chile, Monaco, Ukraine, the Maldives, China, the Republic of Moldova, Finland, Germany, Austria, Iceland, Malta, the United Kingdom, Greece, Croatia, the Netherlands, Egypt, Spain, Slovenia, and Romania, underscoring the global interest and commitment to preserving the records of international criminal courts.
The event concluded with a robust Q&A session, where participants discussed the recommendations for moving forward. The panel underscored the urgency of developing a comprehensive strategy to ensure that these archives are preserved and accessible, offering a lasting legacy of justice and accountability.
This side event served as a crucial call to action for the international community to prioritize the preservation of these records, ensuring they remain available for future legal proceedings, historical research, and the broader work of dealing with the past.
For those who were unable to attend, the full recording of the event is now available on the ICA YouTube channel. This recording captures the insightful discussions and highlights the key issues raised by the panel.
Additionally, short video interviews featuring Josée Kirps and Lisa Ott can be found below, where they reflect on their experiences and offer further insights into the critical importance of preserving and ensuring access to the records of these temporary international courts. These videos provide deeper perspectives on the themes discussed during the panel.