On Monday 11 December and Tuesday 12 December, the 22nd session of the ICC Assembly of States Parties continued with ongoing discussions and negotiations on several topics including: review of the ICC and the Rome Statute system, composition of the ASP’s budget expert body, the “Omnibus resolution” and the Court’s 2024 proposed budget, among others.

Review of the ICC and Rome Statute system

The Review Mechanism held further informal consultations on two resolutions on the agenda of the ASP this year: a tenure policy for Court staff, and on the future of the Mechanism itself. States Parties agreed to extend the mandate of the Review Mechanism through 2024 with an aim to continue its oversight of implementation of the Independent Expert Review recommendations. On tenure for ICC staff, there was general agreement among States Parties on the need to establish a tenure policy for senior staff after discussions were held this year, but there emerged different views on the start date for the policy’s implementation. Over two informal consultations on Monday and Tuesday, respectively, States Parties agreed to start implementing a tenure policy from 1 January 2025 in order to allow for further discussions next year, with the potential establishment of an ASP facilitation to this aim.

Composition of the Committee on Budget and Finance (CBF)

In a final round of consultations on Monday 11 December, States Parties agreed to expand the ASP’s Committee on Budget and Finance (CBF), from 12 members to 17, to reflect a more accurate regional balance in its members. The draft decision proposes an increase in the number of seats in the CBF, with the following regional distribution:

• African States: four seats (increased by two)
• Asian-Pacific States: three seats (increased by one)
• Eastern European States: three seats (increased by one)
• Group of Latin American and Caribbean States: three seats (increased by one)
• Western European and Other States: four seats (no increase)

The Omnibus Resolution

On Monday 11 December in the afternoon, States engaged in informal consultations on the draft resolution “Strengthening the International Criminal Court and the Assembly of States Parties” or “Omnibus resolution," a resolution which addresses a wide range of substantive and policy issues in relation to the Court, the ASP, and other stakeholders, ultimately agreeing on a final text to submit for adoption. Through the adoption of the “Omnibus resolution”, States Parties formally adopted the new and historic permanent “Due diligence procedure for candidates for elected officials of the International Criminal Court”, which can be found in Annex II of the text, as well as a new policy on Legal Aid, which will enter into force on 1 January 2024.

The Court’s 2024 proposed budget

The Assembly continued its negotiations on the Court’s 2024 proposed budget. The negotiations are opened to States Parties only, and the Court. Civil society organisations are not allowed to follow the negotiations.

Progress reports and introduction of several draft resolutions

On Tuesday 12 December in the morning, the Assembly heard progress reports from several facilitators, including on Cooperation, the Composition of the CBF, the Review Mechanism, the Working Group on Amendments, and the “Omnibus resolution”.

The following draft resolutions were introduced to the Assembly with a view towards adoption on Thursday 14 December:

1. ICC-ASP/21/L.3: Draft resolution on amendments to the Rules of Procedure and Evidence of the International Criminal Court
2. ICC-ASP/21/L.4: Draft resolution on an amendment to article 39 of the Rome Statute
3. ICC-ASP/22/L.10: Draft resolution on Strengthening the International Criminal Court and the Assembly of States Parties

Other draft resolutions and reports were yet to be fully agreed and will be introduced in the afternoon of Wednesday 13 December.

The final texts of ASP22 Resolutions can be found on the ASP22 website, in English, French, Spanish and Arabic.

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