Plenary session on the Future of the Review Process

On Wednesday 13 December, the 22nd session of the ICC-ASP opened with a plenary session on the “Review of the Court and the Rome Statute system: Progress on the review process and next steps”. The plenary's thematic focus was the future of the Review Mechanism, providing a platform for the Court, States Parties and other stakeholders to take stock of the achievements of the Mechanism since its establishment in 2020, and to consider options for the way forward for the overall Review process.

The session was opened by ASP President Silvia Fernández de Gurmendi before turning to Ambassador Michael Kanu (Sierra Leone), on behalf of Ambassador Paul van den IJssel (Netherlands), the States Party representatives of the Review Mechanism. Ambassador Kanu presented the Review Mechanism’s report to the Assembly and provided an update on the work of the ICC Review Mechanism in 2023. Ambassador Kanu recalled that, upon agreement during the session, the mandate of the Mechanism would be extended for another year in order to address remaining issues and ensure continuity in the process, including the possibility of overseeing discussions related to the implementation of a tenure policy for ICC staff.  

On behalf of the Court focal points on the Review of the ICC and Rome Statute system, Hirad Abtahi (ICC Presidency) recalled the Court’s dedication in assessing and implementing the IER recommendations, which have overall reinforced synergies and trust across the Court’s organs.

The final panelist was a representative of civil society, Oumou Bah of the Guinean National Coalition for the ICC, who spoke about the impact of the Court and of the Review process in an ICC situation country, Guinea. Ms Bah highlighted in particular some of the shortfalls related to communications and outreach with victims and affected communities, as well as the relation of the Court with civil society, which were addressed in the report of the Independent Experts.

The discussion included the following State interventions: Finland (on behalf of the Nordic countries), France, the United Kingdom, Mexico, Poland, Switzerland, Chile, Uganda and Japan (in order of delivery). Yasmina Gourchane, CICC Advocacy Officer, took the floor on behalf of the Coalition Review Team to provide recommendations on the future of the Review process, and recalling the fundamental principles which should continue to guide the process, including transparency to foster legitimacy of the process, inclusive engagement of stakeholders including civil society, and respect for the Court’s independence. Maria Elena Vignoli of Human Rights Watch spoke about the continued need to implement recommendation 363, which calls for a meaningful discussion on the development of a ten-year strategic vision for the ICC.

ICC States Parties and the Court continued closed negotiations on the ICC’s 2024 proposed budget immediately following the conclusion of the Review plenary session.

Introduction of draft resolutions

The Assembly reconvened in the afternoon of 13 December for the introduction of the following resolutions:

1. ICC-ASP/22/L.5: Draft resolution on the Review of the International Criminal Court and the Rome Statute system.
2. ICC-ASP/22/L.6: Draft resolution of the Assembly of States Parties regarding the implementation of the tenure policy.
3. ICC-ASP/22/L.7: Proposed resolution on cooperation.
4. ICC-ASP/22/L.9*: Draft resolution on the election of Members to the Committee on Budget and Finance of the International Criminal Court.

The Assembly then adopted the following resolutions by consensus:

1. ICC-ASP/22/Res.1: Resolution on amendments to the Rules of Procedure and Evidence of the International Criminal Court;
2. ICC-ASP/22/Res.2: Amendment to article 39 of the Rome Statute;
3. ICC-ASP/22/Res.3: Resolution on strengthening the International Criminal Court and the Assembly of States Parties (“Omnibus Resolution”)

The following reports of the Bureau were introduced, and under silence procedure until the following day:

1. ICC-ASP/22/27: Report of the Bureau on Cooperation;
2. ICC-ASP/22/31: Report of the Bureau on the composition of the Committee on Budget and Finance

Consultations on the 2024 ICC budget

Following the presentation of draft resolutions, ICC States Parties met once more in closed consultations on the 2024 proposed budget, which lasted late into the night.