18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 2 (3 December 2019)
Name of the Event: Third Plenary Meeting (General Debate)
Overview by: Keri Van Douwen & Signe Wolf Børm, Junior Research Associates PILPG-NL
Main Highlights:
Many States Parties pledged support to the values of the Court: complementarity, cooperation, and universality. Regarding universality, States Parties welcomed the Republic of Kiribati and emphasized on improving efforts to promote broader ratification of the Rome Statute.
Several States Parties expressed support to the proposed amendment by Switzerland to include the war crime of starvation as a method of warfare in non-international armed conflict to Article 8 of the Rome Statute.
Several States Parties referred to work on sexual and gender based violence.
A number of states parties commented on the upcoming judicial and prosecutorial elections and the Review of the Court.
Summary of the Event:
The second day of the 18th session of the ASP continued with the general debate. Several topics were touched upon by the States Parties taking the floor, including universality, cooperation, complementarity, the proposed amendment to Article 8 by Switzerland, and the upcoming elections.
Some States Parties touched upon the importance of the ICC’s fight against impunity and its positive force in promoting the rule of law on a global scale, as well as improving States Parties’ national justice systems. By providing justice, the ICC has an important role to play in establishing peace. Ghana noted that, without being oblivious to the challenges and criticisms of the Court, it should be noted that the ICC has had a positive impact on governance structure in states in which the Court started preliminary examinations. Additionally, Ghana mentioned giving effect to the Rome Statute domestically by implementing legislation.
The importance of victim protection and the Trust Fund for Victims was highlighted by several states parties including Australia, Japan, Switzerland, Italy, Costa Rica, Portugal, Chile, and Hungary. Hungary announced it contributed 10.000 euros to the Fund.
Several States Parties referred to work on gender and sexual violence, including Canada, Australia, and Japan. Similarly, States Parties expressed support to the proposed amendment by Switzerland to include the war crime of starvation as a method of warfare in non-international armed conflict to Article 8 of the Rome Statute.
The initiative for an Independent Expert Review (IER) of the Court was welcomed by a number of States Parties including The Gambia, Nigeria, Switzerland, Italy, Costa Rica, and Sierra Leone while further noting that such review should bear in mind the effectiveness, partiality, and added value of the ICC.
The budget of the ICC, although officially scheduled to be discussed during the fifth general debate, was addressed in the statements of a few States Parties. Nigeria stressed the importance of investigating whether the ICC has had the necessary funding over time. Quite on the contrary, El Salvador, noted that an increase in the financial contributions made to the ICC would not be justified. Japan mentioned that taxpayers may not be convinced to continue contributing to the Court without seeing tangible outcomes. Thus, Japan mentioned, the ICC should prioritize situations and cases more strictly, further stating that geographical representation is a matter of concern. Switzerland emphasized the inconsistency in expecting the Court to fully fulfil its goals to end impunity and it not being provided with the resources it needs. Nevertheless, the Court should use its financial resources in the most responsible manner possible. Several States Parties further remarked that States Parties should comply with the budgetary commitments they have made.
Many States Parties referred to the upcoming election (process) of judges and the prosecutor. It was generally noted that only the most highly qualified judges should be nominated. The representative of Bulgaria further suggested that judges could be nominated by each State Party to fully ensure that the right individuals are selected. Several States Parties moreover mentioned that the prosecutor should be elected based on his/her merits only and that the election procedure should be transparent and fair.
The principle of universality was highlighted as being of core importance in numerous statements. In this context, several States Parties including Australia, Liechtenstein, Costa Rica, New Zealand, Brazil, Spain, and Estonia welcomed Kiribati as the 123rd signatory to the Rome Statute. Liechtenstein noted that two-thirds of all states have decided to join the ICC which is an important step in moving towards universality.