On 4 December 2023, the 22nd session of the Assembly of States Parties (Assembly, ASP) to the Rome Statute of the International Criminal Court (ICC) began at the United Nations Headquarters (UNHQ) in New York. 

The session was opened by the President of the Assembly of States Parties, Silvia Fernández de Gurmendi, who reported on the activities of the Assembly in the past year. The President underscored the vital role of the Court in the world today, and the importance of it effectively delivering on its mandate, for which cooperation and universality are key. In this context, she welcomed Armenia’s ratification of the ICC Rome Statute. As the Assembly is set to elect six new ICC judges during the session, the President also recalled the improvements made to the processes of selection of elected officials, including due diligence (‘vetting’). The adoption by the Assembly of a permanent due diligence (‘vetting’) process is on the agenda for this Assembly.  

President Fernández de Gurmendi recalled the adoption of the “Guidelines and recommendations for enhancing the security of participants in the work of the Assembly” to guarantee a safe, secure and open environment.  Finally, President Fernández de Gurmendi welcomed the participation of civil society, and recognized their active and consistent engagement in the work of the Assembly.  

On behalf of the Secretary General of the United Nations, Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel, took the floor to reiterate the UN’s unwavering support for the Court.   

Report on the activities of the Court

The President of the Court, ICC President Judge Piotr Hofmański, presented a report on the activities of the Court. With his term concluding in March 2024, President Hofmański shared some reflections on his time as Judge and Court President. He recalled the importance of the Review process as a means towards strengthening the Court, including the Judiciary. The ICC President noted that among the main challenges that the Court continues to face are threats and attacks against the institution and its officials, which requires adequate state support and cooperation. President Hofmański concluded by thanking all those who contribute to the Court’s work, including civil society.   

Report of the ICC Prosecutor 

ICC Prosecutor Karim Khan provided an update on the work of his Office in the past year, including his recent visit to Israel and Palestine, and the closing of investigation phases in the Central African Republic, Georgia, Kenya and Uganda. Prosecutor Khan announced the launch of the second annual report of his Office’s activities during this session, as well as the launch of the Office’s new policy paper on Gender Persecution. Prosecutor Khan concluded by recalling the need for the Court to have the adequate tools to deliver on its mandate, in particular those provided by States Parties. 

Report of the Board of Directors of the Trust Fund for Victims  

Minou Tavárez Mirabal, Chair of the Board of Directors of the Trust Fund for Victims, reported to the Assembly on the activities and projects of the Trust Fund in 2023. The Chair announced  an increase in voluntary contributions for reparations by States Parties and other programmes in situation countries.  

Report on the Review of the International Criminal Court and the Rome Statute system 

Ambassador Michael Imran Kanu (Sierra Leone), States Parties representative of the ICC Review Mechanism, presented the report on the Mechanism’s activities throughout 2023. Ambassador Kanu indicated that all Independent Expert Review (IER) recommendations allocated to the Review Mechanism have been assessed this year and acknowledged the contribution of civil society in the Review process. Ambassador Kanu announced that Review Mechanism recommended the Assembly adopt two resolutions, one on the adoption of a tenure policy, and the other on the Review Mechanism.    

States in Arrears 

The Assembly considered the agenda item of states in arrears. States in arrears lose the right to vote in ASP elections. The following list of States requested a waiver for the loss of their voting rights, which was granted by the Assembly: Antigua and Barbuda, the Central African Republic, Chad, Comoros, Congo, the Democratic Republic of the Congo, Gabon, Guinea, Liberia, Namibia, Venezuela and Zambia.  

Election of members of the Committee on Budget and Finance 

On the election of members of the Committee on Budget and Finance (CBF), there were six candidates for the six seats, and thus the following candidates were elected by acclamation: 

1. Ms. Sanyu Diana Awori (Kenya) 

2. Mr. Werner Druml  (Austria) 

3. Mr. Fawzi Gharaibeh (Jordan) 

4. Ms. Mónica Sánchez Izquierdo (Ecuador) 

5. Ms. Elena Sopková (Slovakia) 

6. Mr. Jun Yamada (Japan) 

The three-year terms of the members of the CBF will commence on 1 January 2024 and end on 31 December 2027.  

Election of 18 members of the Bureau, the President and two Vice-Presidents of the Assembly of States Parties for the 23rd to 25th Assembly sessions

The Assembly elected 18 members of the Bureau to preside over the twenty-third to twenty-fifth sessions, from which they elected the next Assembly President and two Vice-Presidents. 

The Assembly elected the following states to serve on the Bureau, for the twenty-third to twenty-fifth sessions: Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Chile, Cyprus, Ecuador, Finland, Italy, Japan, Kenya, Latvia, New Zealand, Poland, Republic of Korea, Senegal, Sierra Leone, Slovenia, South Africa, Switzerland, and Uganda.  

Ambassador Päivi Kaukoranta (Finland) was elected as President of the ASP, followed by Ambassador Michael Kanu (Sierra Leone) as ASP Vice President in New York, and Ambassador Margareta Kassangana (Poland) as ASP Vice President in The Hague, all by acclamation. 

Following her election, President-elect Ambassador Päivi Kaukoranta highlighted the importance of cooperation with civil society and expressed her intent to continue working on addressing reprisals and the security of Assembly participants in 2024.  

Election of six judges 

The first day continued with the commencement of the elections of six judges to the ICC bench to serve nine year terms. Thirteen candidates are on the ballot to fill the six seats on the ICC’s bench. For the first four rounds of voting, States must vote in accordance with the Minimum Voting Requirements (MVRs). MVRs are instructions that States Parties must follow when filling out ballot papers for their choice of candidates to fill judicial vacancies, which seek to ensure the preservation of the balance dictated by the Rome Statute for the bench concerning gender, regional representation, and type of competence requirements.  

During the first round of voting, Mr. Erdenebalsuren Damdin (Mongolia) was elected after receiving the required 2/3rd majority votes of ICC states parties present and voting (114), with 81 votes. Following the first round, states were left with a minimum voting requirement (MVR) for one candidate from List B, one candidate from Asia Pacific, two candidates from Eastern Europe and two male candidates.  

During the second round of voting, Ms. Iulia Antoanella Motoc (Romania) was elected after receiving the required 2/3rd majority votes of ICC states parties present and voting (117), with 78 votes. Following the second round, states were left with a minimum voting requirement (MVR) for one candidate from Asia Pacific, one candidate from Eastern Europe and two male candidates. 

The election will resume with the third round of voting in the morning of Tuesday 5 December with four judges still to be elected.  

All results from the 2023 ICC Judicial Elections can be found here.

The Coalition for the ICC has consistently called on states to nominate and elect only the most highly qualified individuals through fair, transparent and merit-based processes. While the Coalition does not endorse or oppose any individual candidates, it strongly opposes reciprocal political agreements (“vote-trading”) in all ICC and ASP elections.  

Find out more about our campaign to #ElectTheBest to lead the fight against impunity here. 

For everything you need to know about ASP22:  

• Our webpage on the Assembly of States Parties 2023 with all #ASP22 daily summaries, recommendations from civil society and other ASP22 resources.    
• Calendar with all the side events taking place in the margins of ASP22. 
• Follow all the action on our Twitter account: @ngos4justice