18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 3 (4 December 2019)
Name of Event: Sixth Plenary Meeting: Review of the Court
Overview by: Rachel Grand, Sindija Beta, and Kelly van Eeten, Junior Research Associate PILPG-NL
Main Highlights:
17 States Parties and four CSOs provided statements on the Review of the Court. Many of them emphasized the need for the review to be independent, transparent, and inclusive.
Several States Parties referred to the upcoming judicial and prosecutorial elections in their statements.
Some States Parties mentioned the importance of geographical representation and gender balance at the Court.
Summary of the Event:
The sixth plenary meeting was dedicated to the Review of the Court. First, ASP President O-Gon Kwon introduced the topic. He referred to three documents relevant for the Review of the Court: The Matrix, the Terms of Reference (ToR) for the Independent Expert Review, and the Draft Resolution for the Review of the Court and the Rome Statute System, to be introduced later this week. He noted the timeline for the Independent Expert Review would start in January 2020, with stakeholder consultations between February and March, and a final report in September 2020. Therefore “time is of the essence,” the ASP president concluded.
The Principals of the Court first provided statements on the topic of review. The ICC President, Chile Eboe-Osuji, voiced the Court’s support for the review and said that it was long overdue. Additionally, he noted that the funding of the Court needed specific attention. He put figures into perspective by referring to the resources of some major domestic investigations. He furthermore touched upon the current circumstances of the conditions of service of judges (expressing regret to be in disagreeance with Mr. Blok, Minister of Foreign Affairs of the Netherlands). The ICC Prosecutor, Fatou Bensouda, voiced her support for the independent expert review, as well as the steps her office has already taken for reform. She stressed the need for the review process to respect and preserve the Prosecutorial and Judicial independence, examine all parts of the system, and build on the steps the Court has already taken. The Registrar, Peter Lewis, warmly welcomed the review and voiced his interest in the review paying particular attention to cooperation, as well as geographical representation and gender balance.
17 States Parties and four CSOs provided statements, addressing the work on the review process. Many of them emphasized the need for the review to be independent, transparent, and inclusive. Many also urged for the cooperation of States Parties in the expert review, acknowledging States Parties’ responsibility. Finland, speaking on behalf of the EU, emphasized the need for state cooperation in implementing the objectives of the review.
Several States Parties urged for concrete action points to be implemented and to focus on the outcomes, including The UK, stating “reform is a process, not an event”. Other States Parties such as The Netherlands, New Zealand, and Brazil, also emphasized the need for action once the independent expert review is complete.
Several States Parties focused on the upcoming elections of six judges and the Prosecutor in 2020. The International Federation for Human Rights (FIDH) cited the elections as an opportunity for change in the Court. Canada for instance emphasized the role of the ACN in the selection of candidates. Human Rights Watch (HRW) discussed the importance of electing both the Prosecutor and judges based on their merit, noting concern with regard to the politicization of the elections.
The geographical representation and gender balance remained a topic during the sixth plenary meeting. Both the Registrar and several states referred to it. Finland on behalf of the EU, New Zealand, Japan, Argentina, Uganda, and the African Network for International Criminal Justice mentioned gender balance, geographical representation, or both. Japan stated that underrepresentation and no representation at all of the states for the ICC has been a problem for years and urged that steps are taken towards the universality of the Rome Statute.
Throughout the discussion on the Review process, several States Parties, including Finland on behalf of the EU, Costa Rica, and the Netherlands, as well as HRW, underlined the importance of the fight against impunity. The Prosecutor stated that no state should be able to abuse human rights with impunity. Sierra Leone mentioned that the review of the Court could help close the impunity gap. France noted that the ICC is a major innovation and yet a young institution with high expectations.