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Resumed ASP 8: Informal Daily Summary - Monday, 22 March 2010
22 Mar 2010
I. PLENARY SESSION - RESUMED ASP8: INFORMAL SUMMARY
United Nations Deputy Secretary General Dr. Asha-Rose Migiro opened the resumed session of the eighth ASP. In her speech, she emphasized the importance of the Review Conference as a historic event to take stock and reflect on the Court's future. She also reaffirmed the ICC as the centerpiece of international criminal justice. The Deputy Secretary General insisted on the need to fortify and strengthen international criminal justice as a concept that rejects impunity for crimes against humanity, war crimes and genocide. Dr. Asha-Rose Migiro as well called on every nation to become a party.
During the morning session of the ASP, the Review Conference Working Group met to discuss preparations for the stocktaking exercise in relation to the issues of peace and justice and the impact of the Rome Statute system on victims and affected communities.
* PEACE AND JUSTICE:
The focal points from Argentina, the Democratic Republic of the Congo and Switzerland chaired the session on 'Peace and Justice' and gave an overview of the format, outcomes, list of speakers and sub-topics foreseen for the exercise at the Review Conference.
Former UN Secretary General H.E Kofi Anan was approached by the focal points to open the session with a keynote speech.
A number of states indicated the need to have a stronger and clearer role for states during the discussions at the Review Conference in order to share experiences and views on the matter.
* IMPACT OF THE RS SYSTEM ON VICTIMS AND AFFECTED COMMUNITIES:
The focal points from Chile and Finland briefed the ASP plenary on the preparations for the stocktaking issue on the "Impact of the Rome Statute system on victims and affected communities" so far. Over the past months the focal points have held consultations with states parties and NGOs but also with victims during a visit to Uganda.
For the Review Conference, Chile and Finland envisage a panel discussion focusing on outreach, victims' participation, reparations and the Trust Fund for Victims. The focal points also presented concrete ideas for possible panelists. Further, they briefly introduced a draft resolution prepared for the consideration of states parties.
During the open discussion, states expressed their support for the approach proposed by the focal points. Some states welcomed in particular the suggested cross-cutting gender perspective. Other states highlighted the importance of concrete, tangible outcomes of the stocktaking process.
* CRIME OF AGGRESSION:
During the afternoon session, the Review Conference Working Group met to discuss the Crime of Aggression under the facilitation of H.R.H. Prince Zeid Ra'ad Zeid Al-Hussein.
Discussions focused on the two questions presented by the facilitator in his non paper: 1) Should the ICC only initiate an investigation where the alleged aggressor state has (one way or another) accepted jurisdiction over the crime of aggression or should the victim states acceptance suffice for this purpose? and, 2) Should the UN Security Council be the decisive jurisdictional filter for a case to proceed within the ICC or could there be another additional jurisdictional filter or no filter at all?
While there were still different preferences voiced during the debate, there was strong affirmation of a continued commitment to work towards a compromise solution.
II. RESUMED ASP 8 - SIDE EVENTS: INFORMAL SUMMARY
* CICC PANEL ON STOCKTAKING ISSUES:
The CICC hosted a panel discussion on the views of CICC members concerning the stocktaking exercise. The meeting, which was chaired by CICC Convenor William Pace, gave the opportunity to representatives from the International Center for Transitional Justice, No Peace Without Justice, Human Rights Watch, Open Society Justice Initiative, and Human Rights Network - Uganda to present their priorities on the different stocktaking subjects. The meeting was attended by states, NGO representatives and academics.
* RS RATIFICATION AND IMPLEMENTATION PANEL:
The Facilitator for the Plan of Action for Ratification and Implementation of the Rome Statute, Eva Surkova (Slovakia), held a panel discussion on the matter. Panelists representing the International Committee for the Red Cross, the Commonwealth, the CICC, Parliamentarians for Global Action, the Democratic Republic of Congo and Spain discussed the main challenges in relation to implementation and ratification of the Statute and ways forward.
III. RELATED DOCUMENTS
1. “Report of the Bureau on stocktaking: Peace and Justice,” ICC-ASP/8/52, http://www.icc-cpi.int/NR/rdonlyres/F65C594A-20EE-485E-90CC-6846D34C85B0/0/ICCASP852ENG.pdf
2. “Report of the Bureau on stocktaking: The impact of the Rome Statute system on victims and affected communities,” ICC-ASP/8/49, http://www.icc-cpi.int/iccdocs/asp_docs/ASP8R/ICC-ASP-8-49-ENG.pdf
3. "The Impact of the Rome Statute System on Victims and Affected Communities," Draft Report, Victims' Rights Working Group, 22 March 2010, http://www.vrwg.org/Publications/05/Impact of ICC on victims DRAFT 22 march 2010 FINAL.pdf
4. "UVF Report on the Impact of the ICC on Victims and Affected Communities," Uganda Victims’ Foundation, March 2010, http://www.coalitionfortheicc.org/documents/UVF_Stocktaking_Report.pdf
5. "Amnesty International calls on states parties to achieve key benchmarks before the Review Conference of the Rome Statute", Amnesty International, Media statement, 19 March 2010, http://www.amnesty.org/en/library/info/IOR53/005/2010/en
6. "Background paper in preparation for the resumed eighth session of the ICC Assembly of States Parties," CICC, March 2010, http://www.coalitionfortheicc.org/documents/Background_Paper_to_the_eighth_resumed_ASP_session.pdf
7. "Memorandum for the Resumed Eighth Session of the ICC ASP," Human Rights Watch, March 2010, http://www.coalitionfortheicc.org/documents/HRW_Memo_for_the_Resumed_8th_Session_of_the_ASP_03_17_10.pdf
8. "Comments and Recommendations on Complementarity in the Context of the Stocktaking Exercise at the Review Conference," CICC Team on the Review Conference, 17 March 2010, http://www.coalitionfortheicc.org/documents/CICC_Team_on_the_RC_Complementarity_Paper_ResumedASP8_March2010_EN.pdf
9. CICC Review Conference page: http://www.coalitionfortheicc.org/?mod=review