ICC Assembly of States Parties: Final Day

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The International Criminal Court (ICC) Assembly of States Parties (ASP) finished on December 6 – a day early – with the amendment of article 8 of the Rome Statute to include the war crime of starvation in internal armed conflicts, the approval of the Court’s 2020 budget, and the adoption of a number of resolutions.

States unanimously adopted an amendment to article 8 of the Rome Statute to include starvation as a war crime in situations of non-international armed conflict. Switzerland proposed this amendment, which mirrors the offence already included in the Rome Statute as a war crime in international armed conflict. As described by Federica D’Alessandra, the adoption of this provision was the result of joint state-academic-civil society efforts over the past year.

On the final day of the ASP, states also approved a 2020 budget for the ICC of €145.62 million. This is both less than the Court’s request of €147.42 million, and also less than the recommendation of the Committee on Budget and Finance of €146.21 million. This amounts to a .41% increase, which effectively shrinks the Court’s budget when one considers recent inflation trends.

The ASP’s plenary approved a number of other resolutions on: the remuneration of ICC judges, cooperation, review of the procedure for the nomination and election of judges, review of the ICC and the Rome Statute system, and the annual omnibus resolution on strengthening the ICC and the ASP. This last resolution indicates that the ASP “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”.

The final day saw a number of side events. For example, Australia, Sweden, the International Center for Transitional Justice and the International Nuremberg Principles Academy co-sponsored an event titled “Enhancing Prosecution: A Crucial Factor in Cooperation for Core International Crimes”. As well, Canada and MADRE co-sponsored a discussion on the “Aftermath of ISIL: Community Hearings for Gender-Based Violence Survivors and their Communities in Iraq”. Additionally, the Netherlands, Switzerland, Human Rights Watch, the Independent Investigative Mechanism (Myanmar) and International, Impartial and Independent Mechanism (Syria) co-sponsored “Turning challenges into opportunities: Rethinking UN and civil society cooperation towards accountability in Myanmar and Syria”.

The 2020 ASP will be an important one for shaping the future of the Court, with the election of the next Prosecutor and a number of new judges. Stay tuned a year from now with more IntLawGrrls coverage!

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