CLOSE-UP: Ibrahim Pam, the international lawyer and investigator in contention for ICC registrar

Ibrahim James Pam, a Nigerian lawyer, has been shortlisted among 12 persons to fill the role of registrar at the International Criminal court (ICC).

Silvia Fernández de Gurmendi, president of the ICC assembly of states parties, had revealed the shortlist in a memo dated June 17, 2022.

The current registrar, Peter Lewis, who was elected on March 28, 2018, will end his tenure on April 16, 2023.

WHAT DOES AN ICC REGISTRAR DO?

The registrar is expected to act as a frontier between the judges, the defendant, the plaintiff and the court.

The position is the principal administrator of the court and ensures the smooth operation and services.

Aside from the non-judicial aspects of the administration and servicing of the court, another role is the administration of legal aid matters, court management, victims and witnesses matters, defence counsel, detention unit, and the traditional services provided by administrations in international organisations, such as finance, translation, building management, procurement and personnel.

The registrar is elected by judges for a five-year term.

WHO IS IBRAHIM PAM?

Pam is presently the director and head of the independent integrity unit at the Green Climate Fund and chairs the ad hoc external advisory panel on work culture for the office of the prosecutor (OTP) of the ICC.

He is an accomplished international lawyer and criminal investigator, with leadership experience and specialisation in the investigation of mass crimes, human rights abuses, as well as fraud and financial crimes.

According to his resume, he has broad experience in administrative and criminal investigations in multiple jurisdictions around the world.

He graduated from the University of Jos and attended Nigerian Law School in 1989. He had his master’s programme at the London School of Economics and Political Sciences in 2005 under the UK government’s Chevening Scholarship Programme.

He has served in legal firms as well as financial institutions as a solicitor.

Pam started his career in 1989 as a junior counsel at F. O. Fagbohungbe & Co., (Legal Practitioners) in Lagos and moved to Continental Merchant Bank Nigeria Plc, Lagos as a senior supervisor in 1991.

In 1995, he continued in the legal space and served as a senior counsel, special legal assistant, chief legal officer, and programmes coordinator at J Y Pam & Co., in Jos.

He had his first presence internationally at the ICC as an analyst and investigator/trial coordinator in 2012. He also served in the integrity and anti-corruption department (IACD), African Development Bank, Tunis/Abidjan, and as chief investigations officer, office of internal oversight services (OIOS), United Nations, Juba and also as the resident investigator, UN Mission in South Sudan (UNMISS) in 2016 with concurrent accreditation to the United Nations Interim Security Force in Abyei (UNISFA).

PAM’S VISION FOR ICC

Pam said he would apply his wealth of expertise, commitment and knowledge to transform the ICC system and tender maximum impact.

“It will be my priority to adequately resource and motivate the staff of the ICC to execute their tasks and to ensure that the work environment is both physically and psychologically conducive to the fulfilment of the mission of ICC personnel. The value of a conducive workplace in the attainment of the noble mission of the Court cannot be exaggerated,” he said.

“I am aware that this is currently an important issue in consequence of the report of the Independent Expert Review Panel appointed by the Assembly of States Parties as part of the overall Court-wide review of the ICC. As Registrar, I would as a matter of priority familiarise myself with the status of implementation of the recommendations of the IER Panel report, starting with the creation of a coordination mechanism to define implementation modalities common to the three Organs of the Court. I will engage in discussions with the Presidency and the OTP to work towards the modalities for implementation of the report and identify areas of immediate concern to achieve the resolution of any impediments to reform.

“In my experience leading accountability functions in UN field missions, at the African Development Bank, and the Green Climate Fund, I have helped to create value-based work cultures that respond to the aspirations of working personnel, and meet the basic standards set for the international civil service and by the administrative tribunals.

“By executing my primary function in providing integrity oversight at the Green Climate Fund, I enabled the formation of administrative responses to address workplace issues. Some of the features of the reforms that were instituted by the executive director of the Fund include open and transparent consultation processes that defined the values of the institution and created an improved Employee Value Proposition; strengthened internal redress mechanisms of the Fund to create effective alternative, non-conflictual redress options for staff conflicts (including a strengthened Ombudsman function and an office mediator); and enhanced capacity for managers and supervisors to improve their management practices in addressing staff conflicts.

“I would be looking to implement a similar approach at the ICC.”

Pam added that he would ensure strict adherence to financial rules, noting that the financial administration of the ICC is a “matter of the utmost importance” which impacts the effective administration of the court.

He said this would build trust with state parties and enhance the reputation of the institution amongst all stakeholders.

“I will ensure a highly efficient process for determining needs and resource requirements and then conducting needs-based budget planning, giving due consideration to the efficient use of budgeted resources and the need to ensure value-for-money. Budgeting and financial planning will be conducted in a fully consultative and transparent manner,” he said.

“I will also ensure strict adherence to financial rules and regulations, with a zero-tolerance for breaches. Strict observance of procurement rules is critical for avoiding waste and fraud. The Association of Certified Fraud Examiners estimates that corporations lose 5 percent of their revenues annually to fraud. I will therefore enforce 100 percent compliance with all financial regulations, including procurement processes.

“As a means of preventing the breach of financial, procurement and other regulations, I will employ a two-pronged approach of both training and awareness-raising (to overcome lack of awareness and excuses) and also design a preventative mechanism using a data-driven approach to identify risks of fraud and breaches.”

LIFE AND FAMILY

Pam is a household name in Berom, Jos, Plateau state. In the First Republic, his late dad, Lieutenant-Colonel James Yakubu Pam served as an adjutant general of the Nigerian army.

He succeeded Yakubu Gowon in the role at the time of his death on June 15, 1966. He was the first Nigerian soldier trained as an artillery officer.

Pam’s wife, Nwakego Ibrahim Pam, is an educationist and an administrator who had also worked in the ICC as an administrative assistant to a director. She also worked with the International Criminal Tribunal for former Yugoslavia (ICTY) as a judge’s assistant.