[photo credit: @NLatICC via Twitter]
The final day of the ICC Assembly of States Parties was marked by highs and lows.
In positive news, Assembly attendees learned that Patrice-Edouard Ngaïssona had been arrested by French authorities pursuant to an arrest warrant issued by Pre-Trial Chamber II on December 7. The warrant alleges that Ngaïssona bears criminal responsibility for war crimes and crimes against humanity committed in the western part of the Central African Republic (CAR) between at least December 5, 2013 and at least December 2014. The Chamber was satisfied that there are reasonable grounds to believe that an internal armed conflict was ongoing in the CAR between the Seleka – a coalition of armed groups predominantly composed of Muslim fighters – and the Anti-Balaka – a predominantly Christian countermovement to the Seleka. The Chamber also found that there are reasonable grounds to believe that, from at least September 2013 until at least December 2014, a widespread and systematic attack was carried out by the Anti-Balaka against the Muslim civilian population and anyone perceived to support the Seleka. Ngaïssona was the most senior leader and the National General Coordinator of the Anti-Balaka.
In less positive news, the Assembly approved the 2019 budget of the ICC at €148,135,100. This represents a very small increase over 2018 of .49%. The Committee on Budget and Finance (CBF) had recommended a .6% increase, and therefore the approved budget is lower than the CBF recommendation by €150,000. For those inside and outside of the Court who felt that the CBF recommendation should represent a floor, this further cut was worrisome. The Court had requested a 2.4% increase. In real terms, this .49% increase does not keep pace with inflation, is a de facto budget decrease, and severely limits the number of preliminary examinations, situations and cases the Prosecutor can pursue on an annual basis. Ten states – Argentina, Belgium, Costa Rica, Finland, Liechtenstein, Luxembourg, Netherlands, Slovenia, Sweden and Switzerland – issued a strong statement of disappointment with the annual Assembly budgetary process as continually leading to the underfunding of key ICC roles.
States Parties also adopted the Omnibus resolution, which states:
“The Assembly of States Parties reconfirms its unwavering support for the Court as an independent and impartial judicial institution, reiterates its commitment to uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity undeterred by any threats against the Court, its officials and those cooperating with it, and renews its resolve to stand united against impunity.”
States Parties additionally adopted the Report of the Credentials Committee and the Report on the 17th session of the Assembly. The dates of the 2019 ASP have not yet been decided, but the date and venue should be announced by January 31, 2019.
Today, Catherine Savard returns to blogging for the IntLawGrrls symposium, having also participated in 2017. Her three-part blog post focuses on the ICC Prosecutor’s preliminary examinations.
Catherine is Assistant Coordinator with the Canadian Partnership for International Justice and member of the Canada Research Chair on International Criminal Justice and Human Rights. She is currently pursuing a Master’s degree in international law at Université Laval (Canada) under the supervision of Prof. Fannie Lafontaine. Her research interests are international criminal, humanitarian and human rights law. She recently represented her university at the Jean-Pictet international humanitarian law competition and will represent it again in 2019 the context of the Charles-Rousseau public international law competition. She has also been very involved with the Université Laval’s International Criminal and Humanitarian Law Clinic, for which she has completed nearly 10 research mandates. Her research focusses on modes of liability in international criminal law, sexual and gender-based violence and cultural genocide of Indigenous peoples in Canada.
A heartfelt welcome back, Catherine!