18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 2 (3 December 2019)
Name of the Event: Fourth Plenary Meeting (General Debate)
Overview by: Rachel Grand, Hester Dek, and Francisca De Castro, Junior Research Associates PILPG-NL
Main Highlights:
The fourth plenary meeting saw the last session of the general debate. States Parties took the opportunity to reaffirm their support to the ICC. Other topics touched upon included:
Reparations for victims
Head of state immunity
Cooperation
Universality
Complementarity
Budget
2020 elections
Independent Expert Review of the court
Besides States Parties, Observer States, including China, Iran, and Cuba and international organizations, including the African Union, Council of Europe, ICRC, IDLO, the Sovereign Order of Malta, and the ICCBA, took the floor.
Finally, the CICC and nine CICC members made statements.
Summary of the Event:
The fourth plenary meeting continued with the general debate, with States Parties including Lesotho, Mali, Colombia, Senegal, Paraguay, Panama, Iceland, Tunisia, Argentina, Latvia, Kenya, and Venezuela. Various States Parties took the opportunity to reaffirm their support and commitment to the ICC.
Additionally, States Parties focused on the importance of justice for victims and ensuring the role of victims in proceedings. Many of the civil society organizations gave voices to these victims, such as Touffah Jallow, a rape survivor from the Gambia. Additionally, Elise Flecher from Lawyers for Justice in Libya emphasized the importance of ICC proceedings to assist victims and gain their trust.
The majority of States Parties, international organizations, and NGOs mentioned the importance of cooperation with the Court. Colombia highlighted the current lack of cooperation between states and the ICC. Senegal and Kenya reaffirmed their efforts to increase cooperation with the Court. Additionally, Tunisia discussed the importance of cooperation with international organizations.
The importance of universality was underlined by the majority of States Parties. Multiple States Parties welcomed Kiribati acceding the Rome Statute, along with their discontent for the Philippines withdrawing from the Rome Statute. Specifically, Mali and Paraguay stressed the importance of universality of the Rome Statute to show that no state is above international law. However, Observer State China highlighted the importance of state sovereignty.
Many States Parties highlighted the importance of the principle of complementarity. Cuba, as Observer State, affirmed that this founding principle is what brings support from the ICC, a principle without which, the Court would not exist. The Cuban delegation however, noted that the role of the UN with regard to the ICC, as it is perceived by the delegation undermines the impartiality principle of the Court.
A point of contention that remained was the preliminary examination of the situation in Venezuela. Paraguay, Argentina, and Colombia reiterated the importance of this examination to the ASP and urged for the opening of an investigation. These three states are a part of the group of states that referred the situation in Venezuela to the Office of the Prosecutor in 2018. Argentina emphasized that in 2019, new documents were submitted to the Office of the Prosecutor on this situation. Venezuela however, responded by calling on the ASP to be aware of a “judicialization of politics” and what had become a double standard in delegations’ speeches of complementing the principles of independence and complementarity of the court, and then referring to the referral of the situation. Venezuela noted that it believes its domestic judicial institutions have taken the appropriate steps, as put forward in the national constitution and domestic legal framework. Venezuela reaffirmed its committed to the ICC, and so will provide more information on the current domestic proceedings once information becomes available and public.
Regarding the budget, there were voices of support but also criticism. Tunisia spoke about the need for a realistic approach that takes into account the capacities of States Parties and responsibilities of the court. Venezuela voiced concern for the augmentation of the budget, claiming an extensive revision on the Court’s policy is necessary and that the argument of micromanagement should not be an argument against rendering the courts spendings. Additionally, Lawyers for Justice in Libya noted the need for more funding for the investigation in Libya, along with greater political will.
States Parties emphasized that the upcoming elections in 2020 must be fair, transparent, and merit based. Latvia and Panama stressed the importance of all organs of the Court to reflect gender and geographical representation. Multiple NGOs, such as the International Federation for Human Rights and Parliamentarians for Global Action, reiterated the importance of these elections will have on the future of the court.
Finally, the independent expert review was brought forward by several States Parties. Many States Parties, such as Argentina, Colombia, Senegal, Panama, and Latvia reaffirmed their support for this review of the performance of the ICC. But states, such as Senegal called for the importance of the input that can be suggested from relevant stakeholders, namely states and civil society.
After States Parties, Observer States, China, Iran, and Cuba and international organizations, including the African Union, Council of Europe, ICRC, IDLO, Sovereign Order of Malta, and the ICC bar association took the floor. To conclude, representatives from various NGOs spoke. After CICC, nine members of the CICC took the floor, including from the Asian Legal Resource Center, Africa Legal Aid, Afghanistan Transitional Justice Coordination Group, Venezuela Informal Network, International Federation for Human Rights, Regional center of Human Rights of Ukraine, Lawyers for Justice in Libya, Darfur Women Action Group/African Network on International Criminal Justice, and Parliamentarians for Global Action.