18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 5 (6 December 2019)
Name of the Event: Ninth Plenary Meeting: Adoption of Resolutions
Overview by: Sindija Beta and Kelly van Eeten, Junior Research Associates PILPG-NL
Main Highlights:
Seven draft resolutions were adopted by consensus, including on the review of the procedure for the nomination and election of judges and the Review of the ICC and the Rome Statute System.
The ASP agreed on a budget of €145.62 million for 2020.
The ASP adopted a resolution to amend Article 8 of the Rome Statute to include the war crime of starvation in non-international armed conflicts.
Summary of the Event:
The ninth and final session of the 18th ASP saw the adoption of seven resolutions, as well as the report of the Credentials Committee and the report of the 18th ASP.
First, the report of the Working Group on the Program Budget, as well as the draft resolution on the proposed program budget for 2020 (ICC-ASP/18/L.4), were adopted. While the Court’s proposed budget request for 2020 amounted to €147.42 million and the CBF recommended to approve a budget of €146.21 million, States Parties agreed on a budget of €145.62 million. After adoption, Japan on behalf of Canada, France, Germany, Italy, Japan, Spain, and the UK, stated that they encourage prioritization of the budget and expressed hope that all organs of the Court will further work on saving, efficiency, and effectiveness. Japan finally underlined the importance of efficient and transparent and accountable implementation of the Court’s budget. Belgium, on behalf of Argentina, Belgium, Costa Rica, Finland, Ireland, Liechtenstein, Luxembourg, Slovenia, Sweden, and the Netherlands expressed its disappointment with the adopted program budget which is lower than the already scrutinized CBF proposal. Belgium noted it would have liked a budget more in line with the needs of the Court and that the approved budget does not match the support for the Court as expressed during the ASP debate. Belgium finally expressed concern regarding the Court’s liquidity.
The resolutions on the remuneration of the judges of the ICC (ICC-ASP/18/L.9) and on cooperation (ICC-ASP/18/L.5) were adopted by consensus.
The resolution on the review of the procedure on the nomination and election of judges (ICC-ASP/18/L.6) was also adopted by consensus. Uruguay requested to make a statement. It noted that this resolution is an opportune decision to strengthen the performance of the ICC, emphasizing the importance of geographical representation and gender balance for the Court.
The ASP President continued with the resolution on amendments to Article 8 of the Rome Statute of the ICC (ICC-ASP/18/L.8), adopted by consensus as well. The Bolivarian Republic of Venezuela requested to make a statement, in which it expressed its concern about the language of the amendment and that the amendment can be misused to unfairly criminalize states. Venezuela expressed its disapproval of the amendment but it would not block the consensus because of its commitment to the Rome Statute. Switzerland and Australia welcomed the adoption of the resolution on amendments to Article 8 to include starvation as a war crime in non-international armed conflict. Both underlined the importance of the amendment and Switzerland encourages all States Parties to swiftly ratify and implement it.
After the draft omnibus resolution (ICC/ASP/18/L.3) was adopted by consensus, the resolution on the Review of the ICC and the Rome Statute system (ICC-ASP/18/L.7) was adopted by consensus. Sierra Leone requested to make a statement, in which it explicitly welcomed the adoption of the review resolution, adding that confidential information obtained by the independent experts should not be disclosed.
Finally, the ASP adopted the Report of the Credentials Committee (ICC-ASP/18/L.2), in which it was noted that 26 States Parties have not provided information on their representation at the 18th ASP. The report of the 18th session of the ASP (ICC-ASP/18.L.1) was presented and adopted. It was flagged that the final document will be available on the website of the ICC.
After the adoption of all draft resolutions, the Coalition for the International Criminal Court (CICC) in a final statement expressed its strong commitment to the Court and the Rome Statute system. CICC called on the Assembly to renew dialogue with civil society on the essential needs of the Court, as well as provide the Court with adequate resources. CICC welcomed the adoption of the resolution on the review of the nomination and election of judges and emphasized the need to ensure transparent and merit based elections, as well as to reassess the representative character of the Bureau as expressed in the omnibus resolutions.
With this statement and the adoption of seven resolutions, the ASP President closed the 18th session of the ASP a day early.