The 23rd session of the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) convened from December 2 to 7, 2024, at the World Forum Convention Center in The Hague, Netherlands. This annual gathering serves as the ICC’s management oversight and legislative body, bringing together representatives from the 124 States Parties to discuss and decide upon matters crucial to the Court’s functioning.
This report highlights the importance of Civil Society Organizations’ participation in and consultations in advancing peace through justice through accountability for international crimes (war crimes, crimes against humanity, genocide, crimes of aggression).
Since its founding, the Advocacy Network for Justice and Peace (ANJP) continuously advocates for peace founded on justice. Victims deserve justice and accountability for perpetrators no matter who they are, when, or where crimes were committed because all lives matter and matter equally. This report provides snapshots of the otherwise challenging and important work of the world’s court of last resort, The ICC, and the difficult work stakeholders engage in as they address international crimes within an increasingly turbulent world.
This year marks the 3rd anniversary of ANJP’s participation in the ASP. During the ASP22 in New York, ANJP presented in panel discussions at the side event on “Reckoning with Double Standards: The Future of the Rome Statute System” that explored challenges facing the court including consistent implementation of its mandate across all conflict situations and crimes that fall under its jurisdiction if it is to further the course of justice for all victims.
ANJP hopes for your continued engagement now and in the future as we work for a victim-centered justice response where crimes against humanity occur through our advocacy and program engagements.
1: Opening Remarks and Condemnations
The session commenced with strong statements from ICC officials addressing external threats. Judge Tomoko Akane, the ICC President, condemned Russia for issuing arrest warrants against ICC Prosecutor Karim Khan and several judges in retaliation for the Court’s investigation into alleged war crimes in Ukraine. She also criticized U.S. Senator Lindsey Graham’s remarks, which labeled the ICC as a “rogue and politically motivated organization” following the issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu.
2: General Debates
During the 1st Plenary gathering opened to non-state parties’ members and Civil Society Organizations, Japan decried the lack of cooperation with the court by some member states, noting it’s only through engagement and state cooperation that the court performs its duties if it intends to hold the promise of “Never Again!” adding what the court does should be consistent across all situations. As for Ghana, the best support for the court is for Africa to champion democracy, complementarity within strong legal systems, and an environment that investigates and punishes crimes. In reiterating its continued support for the court to fulfill its mandate, Nigeria’s state representative noted that international law “Continues to grapple with balancing states’ sovereignty and global justice,” and numerous other challenges, adding it is critical that during armed conflicts, civilian infrastructure essential to human survival is protected. Referencing ongoing preliminary examinations since 2010 into alleged crimes in Nigeria, The Attorney General of the Federal Republic of Nigeria admonished the court to uphold the principles of complementarity, emphasizing that Nigeria has not only the legal infrastructure but also the willingness to address any allegations against its military as seen in the establishment of an independent special investigative panel to address allegations against the military. The investigations found no evidence of the alleged crimes of killing civilians and recruitment of child soldiers. The State’s representative called on the OTP to end lengthy processes that undermine the morale of personnel engaged in legitimate peace and justice efforts.
Several member states adopted statements issued by the EU endorsing the crime of aggression as the mother of all crimes and for the ICC to serve mainly as the court of last resort based on the principles of complementarity and cooperation.
Armenia was welcomed as the 124th member state and signatory to the Rome Statutes. Ukraine is said to be on course to become the 125th member state of the ICC.
ICC,Chief Prosecutor
3: Referrals, Investigations, Arrest Warrants, and Threats Against the Court:
Prosecutor Karim Khan highlighted ongoing efforts, including a request for an arrest warrant against Myanmar’s military leader, Senior General Min Aung Hlaing, for alleged crimes against the Rohingya Muslim minority. He also indicated plans to seek warrants related to situations in Afghanistan and Sudan, Libya emphasizing the ICC’s commitment to addressing serious international crimes and the importance of victims being seen and heard.
The Office of the Prosecutor (OTP) has collected more evidence, issued more arrest warrants, and received more referrals by states in the last year than ever before. There are 14 active investigations (Darfur, Mali, Palestine). The court has received 4,500 victims’ applications.
An inconvenient international power system plagues the court as does the international legal order. Debaters confronted its colonial feature, and the promise of international criminal justice embedded in the Nuremberg Principles of “No impunity for international crime”, national laws, and its exclusionary—double standards, approaches where and when it matters most. At issue for the court were three challenges: (1) Non-cooperation in delivering justice for victims,The ICC has issued arrest warrants for Putin and Netanyahu. It remains unlikely that either will be arrested by a member state. (2) increased deference to rogue states to deliver justice for victims, and (3) complementarity and the unwillingness of some states to carry out genuine and credible investigations and prosecution of international crimes. The Republic of Cameroon is not a signatory to the Rome Statutes. Cameroon lacks the legal framework to investigate and prosecute international crimes. The February 14, 2020, massacres in Ngarbuh is an example of state-sponsored aggression where 33 people were killed including 13 children, (the entire Shey and Sika families), and a pregnant woman by Cameroon’s military that are yet to be investigated, and perpetrators punished.
While states noted that intimidations, attacks, and threats of sanctions against the court were troubling, many called out an increased perception of double standards as a threat to the court’s legitimacy that risks fragmentation if all persons accused of international crimes are not treated equally before the law.
Most member states reiterated their support for the court and decried the threats towards personnel including cyber attacks to intimidate staff and frustrate the work of the court as an attack on the victims who depend on the full functioning of the court for justice. States called for all members to defend support and uphold the independence of the court.
4: Allegations Against the Prosecutor:
The Assembly addressed internal challenges, notably allegations of misconduct against Prosecutor Karim Khan. An external probe was initiated to investigate claims of inappropriate behavior, reflecting the ASP’s dedication to upholding integrity within the Court.
5: Budget and Elections:
Delegates deliberated on the ICC’s proposed budget for 2025, considering recommendations from the Committee on Budget and Finance. Elections were held for positions within subsidiary bodies, including the Board of Directors of the Trust Fund for Victims and the Advisory Committee on Nominations, ensuring continued governance and oversight.
The course faces growing and complex challenges and threats with an increasing workload requiring increases to its budget.
6: Review of the Crime of Aggression:
Preparations are underway for the review of the crime of aggression and to align it with other core crimes under the Rome Statute. This review is scheduled for the second quarter of 2025 and holds significant implications for the Court’s future proceedings.
ICC Chief Prosecutor Karim Khan
A select summary of side events
Throughout the session, civil society organizations actively participated, offering recommendations and organizing side events to discuss various issues related to the ICC’s mandate. Their involvement underscores the importance of collaborative efforts in advancing international justice.
The 23rd ASP sessions were marked by critical discussions addressing external political pressures and internal institutional challenges. The Assembly’s decisions during this period are poised to significantly influence the ICC’s operations and mission to combat impunity for the gravest international crimes.
A: Review of the Kampala Amendments on the Crime of Aggression: Perspective of African States Parties
Highlights The world needs to move from the rule of power to the rule of law.
Viewpoint – The African Charter talks about crimes of aggression. Res. 3775 (1951) – countries can invoke the above provision and override the UNSC.
B: Prosecution of the Crimes of Genocide, Crimes Against Humanity, War Crimes and Other International Crimes
Highlights: Mutual Legal Assistance Treaty (MLAT)
1: From the 2023 Ljubljana Hague Convention (LHC)
2: A multi-lateral treaty to improve cooperation between countries in the investigation and prosecution of international crimes
Wanted Poster of President Putin
Wanted Poster of PM Netanyahu
Wanted Poster of President Putin
Wanted Poster of PM Netanyahu
Panelist
C: From Margins to Center: Asian Women’s Leadership in International Justice and Accountability
Highlights:
A select summary of side events
Throughout the session, civil society organizations actively participated, offering recommendations and organizing side events to discuss various issues related to the ICC’s mandate. Their involvement underscores the importance of collaborative efforts in advancing international justice.
The 23rd ASP sessions were marked by critical discussions addressing external political pressures and internal institutional challenges. The Assembly’s decisions during this period are poised to significantly influence the ICC’s operations and mission to combat impunity for the gravest international crimes.
A: Review of the Kampala Amendments on the Crime of Aggression: Perspective of African States Parties
Highlights The world needs to move from the rule of power to the rule of law.
Viewpoint – The African Charter talks about crimes of aggression. Res. 3775 (1951) – countries can invoke the above provision and override the UNSC.
Wanted Poster of President Putin
B: Prosecution of the Crimes of Genocide, Crimes Against Humanity, War Crimes and Other International Crimes
Highlights: Mutual Legal Assistance Treaty (MLAT)
1: From the 2023 Ljubljana Hague Convention (LHC)
2: A multi-lateral treaty to improve cooperation between countries in the investigation and prosecution of international crimes
Wanted Poster of PM Netanyahu
Panelist
C: From Margins to Center: Asian Women’s Leadership in International Justice and Accountability
Highlights:
D: Moving Beyond Double Standards: A Workshop on Systemic Injustices and Strategies Towards an Anti-Colonial Praxis within International Justice
Highlights
A reflection exercise about one’s positionality
Context: Reflection on existing structures of international law and deeply held colonial structures
International (criminal) law as a neutral framework prevents investigating its biases (are there blind spots?)
Crimes of alien domination dropped/excluded from treaty agreements
Judicial deference to Western states
Denial of the existence of cultural and linguistic genocide
Impunity of corporate accountability (the war industry) mostly in the Global North
UNSC referral process reflects states’ interests (ex. Sri Lanka, Afghanistan)
What is meant by double standards – open debates
Perceptions that regional mechanisms in Africa are ineffective
Structure of International Criminal Law (ICL) and its hierarchy (experts at the top provide solutions to masses at the bottom)
Significant crimes in ICL excluded in statutes:
Colonial dominance
Use of mercenary
Ecocide
Corporate impunity
E: The Veto – A film
Highlights
1: China and Russia vetoed the resolution condemning the use of chemical weapons in Syria and prevented the UNSC from referring the matter to the ICC for investigation.
2: China likely to veto any resolution on Myanmar
F: Global Dialogue on Children in Armed Conflict: Investigation and Prosecution of Crimes Against and Affecting Children
Highlights
G: Addressing International Crimes and Refugees: The German Experience
Highlights
H: Designing an Accountability Mechanism for Ukraine as A Key Step in Effective Capacity Building and Delivery of Meaningful Justice for Victims
Highlights
i. Needs assessment of the Ukrainian justice system
ii. Preservation of evidence
iii. Chain of custody of evident
iv. Rights to a fair trial
v. Law on the transfer of cases
vi. Building up of the justice architecture to meet local needs
