As the International Criminal Court faces attacks, the IBA Hague Office repeats call for support

The Hague Office of the International Bar Association (IBA) has reiterated its call for States Parties to demonstrate unequivocal support for the International Criminal Court (ICC or ‘the Court’) and to protect the Court and those who collaborate with it from threats and attacks. The appeal was made during the 23rd session of the Assembly of States Parties to the Rome Statute (‘the ASP’ or ‘the Assembly’) of the ICC.

IBA Executive Director, Dr Mark Ellis commented: ‘This is a pivotal moment for international justice, as the ICC faces renewed attacks to undermine its independence and effectiveness. States Parties to the ICC must provide the political support, cooperation, and resources necessary for the Court to fulfil its mandate. The ICC was established to deliver justice to victims who have no other recourse – a purpose we must not lose sight of. Supporting the ICC means upholding the rule of law and ensuring accountability for international crimes, values that are increasingly under threat across the globe.’

Prior to the meeting, the IBA International Criminal Court and International Criminal Law Programme (ICC & ICL Programme), based in The Hague, issued a briefing paper outlining Priorities and Recommendations for the 23rd Session of the ASP. The individual States Parties comprising the Assembly, as well as the Assembly, were advised by the IBA ICC & ICL Programme to:

1. Express support for the work of the Court in all situations and respond strongly to threats and attacks against the Court, its officials and those cooperating with it.
   States Parties should devise individual and collective measures to respond to attacks and protect the ICC from assaults aimed at undermining the Court’s authority and obstructing its investigations.
2. Develop and regularly review national frameworks ensuring full and effective cooperation with the Court, including for the arrest and surrender of ICC suspects.
   All States Parties should develop and regularly review national legislation setting out clear procedures to ensure that their authorities can provide prompt and effective cooperation, particularly for ICC requests to arrest and surrender suspects. States Parties should also enter into collaborative agreements with the Court, to ensure cooperation with the different phases of the ICC judicial process.
3. Prevent and respond strongly to instances of non-cooperation.
   Failure to cooperate with the Court, particularly failing to arrest an ICC suspect, threatens the legitimacy of the ICC mandate and the fight against impunity. The ASP and States Parties should work together to prevent and respond promptly to instances of non-cooperation.
4. 
   Support measures to enhance the equality of arms and strengthen the Court’s systems to give effect to the rights of defendants and victims.
   The Assembly should provide the necessary mandate to continue the discussion on the issue of income taxation for defence and victims’ teams in 2025 and continue to support institutional initiatives to enhance fair trial rights
5. Provide the Court with sufficient resources to implement its mandate consistently, effectively, efficiently and independently through its regular budget, thereby limiting the need for voluntary contributions to fund core activities.

Kate Orlovsky, Director of the IBA ICC and ICL Programme stated: ‘We condemn in the strongest terms policies of active opposition against the Court in the form of financial sanctions, travel bans, and the initiation of criminal proceedings against ICC officials.’ Ms Orlovsky added: ‘Cooperation must be a top priority for States Parties’ engagement with the ICC, as part of a proactive and forward-looking policy of support for the work of the Court. In anticipation of cooperation requests that may arise, States Parties can make advance preparations to ensure cooperation can be provided when asked. At the 23rd session of the ASP, we highlighted attainable and practical measures that States Parties can take to support arrests, to respond to non-cooperation, and to ensure their national legislation facilitates cooperation with the ICC and accountability for Rome Statute crimes.’

The ICC & ICL Programme co-hosted a number of side events at the 23rd Session of the ASP including:

• On 3 December 2024: ‘Strengthening the ICC’s toolkit for arrest and surrender’, which brought together States Parties’ representatives, ICC officials, legal practitioners and civil society organisations to discuss innovations and strategies. The President of the Assembly of States Parties, HE Päivi Kaukoranta, delivered remarks at the session co-hosted with Belgium, Finland, France, Poland, Senegal, South Africa, the Coalition for the ICC, Human Rights First, Human Rights Watch and the Southern African Litigation Centre.
• On 4 December 2024: ‘Gender Justice: Avenues for Ensuring Accountability for Gender-Based Crimes in Afghanistan’ together with the IBA’s Human Rights Institute and other partner organisations.
• On 5 December: ‘Financial Accountability at the International Criminal Court: Are States ready to comply with ICC Asset Recovery Requests?’ This event was hosted alongside REDRESS, which focused on recommendations from both REDRESS and the IBA on the topic.

Also, the IBA ICC & ICL Programme shared with States Parties the second edition of the publication ‘Strengthening the International Criminal Court and the Rome Statute System: A Guide for States Parties’ – an updated set of recommendations for States Parties and the Assembly to fulfil their responsibilities and obligations under the Rome Statute.

At the conclusion of the 23rd Session of the ASP, the Assembly adopted six resolutions by consensus on the following topics: cooperation; the 2025 budget for the Court; the ‘omnibus’ resolution; a review of the ICC and the Rome Statute system; the implementation of the tenure policy; and the introduction of a moratorium on the recruitment by the ICC of staff of non-States Parties’ nationality.

The 23rd session of the ASP was held from 2–7 December 2024, at the World Forum Convention Center in The Hague, the Netherlands.

ENDS

Contact: IBApressoffice@int-bar.org

Notes to the Editor

1. The Assembly of States PartiesAssembly of States Parties is the management oversight and legislative body of the International Criminal Court. It is composed of representatives of the States that have ratified or acceded to the Rome Statute.
2. The Rome Statute is the treaty that established the ICC. It sets out the Court’s jurisdiction over genocide, crimes against humanity, war crimes and – as of an amendment in 2010 – the crime of aggression.
3. Related items:
4. The International Bar Association (IBA), the global voice of the legal profession, is the foremost organisation for international legal practitioners, bar associations and law societies. Established in 1947, shortly after the creation of the United Nations, it was born out of the conviction that an organisation made up of the world’s bar associations could contribute to global stability and peace through the administration of justice.

5. The IBA commenced the International Criminal Court and International Criminal Law (ICC & ICL) Programme in 2005. Since its establishment, the IBA ICC & ICL Programme has contributed to the development of international criminal justice through monitoring and analysing issues related to fairness and equality of arms at the ICC, and through conducting outreach to deepen the understanding of the place of the ICC within the broader landscape of international justice and in particular contexts. The Programme works to increase cooperation with and support for the ICC and other accountability efforts, with the goal of strengthening the Rome Statute system globally and achieving fair, effective and accessible justice for victims of genocide, crimes against humanity, war crimes and aggression.

   The Programme also acts as the interface between the Courts and the global legal community. As such, special focus is placed on monitoring emerging issues of particular relevance to lawyers and collaborating with key partners on specific activities to increase engagement of the legal community on ICC and ICL issues.

   Based in The Hague, the IBA ICC & ICL Programme consults and engages with court officials, state representatives, civil society organisations, academics and international lawyers.

6. Find the IBA ICC & ICL (@IBAHagueOffice) on X here:

7. Find the IBA on social media here:

Kate Orlovsky
Director, Hague Office
International Bar Association
Nassaulaan 19
2514 JT The Hague
The Netherlands

Mobile: +31 (0) 70 737 0686
Email: kate.orlovsky@int-bar.org
Website: www.ibanet.org

Press Office
International Bar Association
Chancery House
53-64 Chancery Lane
London
WC2A 1QS

Direct Line: +44 (0)20 7842 0094
Email: IBApressoffice@int-bar.org
Website: www.ibanet.org

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Short link: https://tinyurl.com/4z7tzcb8
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