18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 5 (6 December 2019)
Name of the Event: Eight Plenary Meeting: Introduction of Draft Resolutions
Overview by: Rachel Grand, Andreina De Leo, and Francisca De Castro, Junior Research Associates PILPG-NL
Main Highlights:
The facilitators of several Working Groups introduced the draft resolutions for adoption, including the Omnibus Resolution and resolutions on the budget, cooperation, the remuneration of judges, the review of the procedure for the nomination and election of judges, the review of the ICC and Rome Statute system, and on amendments to Article 8 of the Rome Statute.
The ASP decided to consider the adoption of these resolutions later that day at 16:00.
Summary of the Event:
During the 8th plenary meeting, several draft resolutions were presented to the ASP. The meeting began with a discussion of the omnibus resolution, provided in document ICC-ASP/18/L.3. The facilitator for the Omnibus Resolution, Switzerland, noted that the omnibus resolution highlights the desire to have better geographical representation within the Court. The coordinator expressed hope that the resolution would be adopted by consensus. Following that, the resolution on the proposed budget for 2020, contained in resolution ICC-ASP/18/L.4, was presented. The proposed budget was introduced during the fifth plenary meeting and was further discussed during formal and informal consultations within the Working Group.
Ambassador Luis Vassy (France) and Ambassador Momar Guèye (Senegal), co-facilitators on cooperation, presented the draft resolution on cooperation, in document ICC-ASP/18/L.5. This resolution underlines the importance of global cooperation with States Parties, NGOs, and civil society. It also includes a provision for the creation of a numeric secure platform that would enhance cooperation between states. Ambassador Momar Gueye pointed to some of the objectives of the provisions which include: the preoccupation of the States Parties on the non-execution of arrest warrants concerning 15 people, the creation of said platform with the objective of enhancing state cooperation which would start working in 2020, the importance of cooperation procedures and mechanisms with the hopes of reinforcing these procedures and the cooperation between the Court, States Parties, other states, and NGOs. Another point put forward was the protection measures for witnesses and their families in need of witness protection, amongst others.
Mr. Luke Roughton (New Zealand), facilitator for the review of the procedure for the nomination and election of judges, introduced draft resolution ICC-ASP/18/L.6 on the review of the procedure for the nomination and election of judges, stressing the importance of the review for States Parties, confirmed by their willingness to facilitate the adoption of the resolution. He presented the amendment to paragraph 3 of resolution ICC-ASP/3/Res.6, which would modify the date of the nomination period, as well as to paragraph 12. With regard to the latter, the resolution proposes the facilitation of public roundtable discussions with the candidates. Furthermore, he noted that States Parties showed willingness to cooperate and use a constructive approach even with regard to the most controversial issues. He concluded his intervention by hoping for an adoption of the resolution by consensus.
The Vice President of the Assembly, Ambassador Jens-Otto Horslund, introduced the draft resolution on the review of the ICC and the Rome Statute, system ICC-ASP/18/L.7. The independent expert review will begin in January and will look at all components of the Court. The resolution highlights the important role of States Parties to assist in improving the effectiveness and efficiency of the Court. This resolution was brought through lengthy and difficult negotiations. The Vice President noted that the President appreciated States Parties’ flexibility and willingness to compromise. He reiterated the hope that there will be consensus on this resolution.
A representative of Mexico, on behalf of the Chairperson of the Working Group on Amendments, delivered draft resolution ICC-ASP/18/L.8 on amendments to Article 8 of the Rome Statute. The draft resolution proposed to amend Article 8(2)(e) of the Rome Statute to include the use of starvation as a method of warfare in relation to conflicts of a non-international nature. He pointed out that his amendment is the result of several meetings with the working group on amendments.
Ambassador Martin Sørby (Norway), Chair of the Working Group on the Revision of the Judges’ Remuneration, discussed resolution ICC-ASP/18/L.9 on the remuneration of the judges of the ICC. He recalled that during the 17th session of the ASP it was decided to establish a mechanism to review judges’ remuneration. To this aim, the Assembly requested the Working Group on the Revision of the Judges’ Remuneration to prepare terms of reference. The Working Group met several times during 2019 to carry out informal consultations aimed at reaching a final agreement. The resolution envisages the establishment of a panel of three members (Vice-President and Coordinator of The Hague Working Group, the facilitator on the budget, and one outgoing and former member of the Committee on Budget and Finance), to be appointed by the Bureau, with the task of facilitating adjustments to the remuneration of judges. The resolution was this put for consideration by the Assembly.
The ASP decided to consider the adoption of the presented resolutions later on Friday, at a plenary meeting at 16:00.