Overview by Emma Bakkum and David Lando, Research Associates PILPG-NL
Adoption of draft resolutions worked on during the 8th and 9th plenary meetings.
Introduction of the Omnibus Resolution. China expressed concern about non-member states being excluded from informal consultation processes.
The 10th plenary meeting on the last day of the 15th ASP consisted of the adoption of several draft resolutions that have been worked on during the 8th and 9th plenary meetings.
First of all, the Omnibus Resolution was introduced. The date of next year’s ASP was also discussed: ASP16 will take place between 4 and 14 December 2017, in New York. Regarding the Omnibus Resolution, China and Iran expressed concerns about the exclusion of non-member states from informal consultation processes, such as the consultation process for the Omnibus Resolution. China argued that there is no legal basis for excluding observer states. China furthermore added that excluding observer states harms them, and reiterated that in the interest of promoting the legitimacy and universality of the ICC, all states should be included. “Urgent action is needed for this injustice already existing” – China ended its statement.
Secondly, the following draft resolutions were adopted without a vote.
– Resolution ICC-ASP/15/Res.1 on the proposed programme budget for 2017.
Before the adoption of this resolution, Brazil called for revision of the process leading to the establishment of the (increased) budget. According to Brazil, the budget proposal is not in accordance with the financial realities of member states. Venezuela furthermore expressed hope to see adjustments next ASP in “sticking to the budget” and to see all organs of the Court working closely together to identify where cost-savings are possible. Japan reiterated these two points after adoption.
– Resolution ICC-ASP/15/Res.5 on permanent premises.
– Resolution ICC-ASP/15/Res.3 on cooperation.
– Resolution ICC-ASP/15/Res.4 on amendments to rule 101 and rule 144(2)(b) of the Rules of Procedure and Evidence.
Lastly, two members for the CBF were elected. Africa elected a member from Burkina Faso and the Eastern European group elected Estonian candidate Mr. Urmet Lee. They clarified later that an agreement was made between Estonia and Bosnia Herzegovina that Mr. Lee would serve the first half and Mrs. Emina Ćirić from Bosnia Herzegovina the second half of the term.