What happened at the 23rd session of the Assembly of States Parties?

Meeting in plenary once a year, ICC States Parties gathered in the Assembly take decisions with political, financial, and other implications on the work of the Court and its Assembly. The sessions benefit from broad participation by stakeholders in the Rome Statute, including observer states, international organisations, civil society organisations and the media.  

ASP23 General Debate  

Following the opening of the session, presentation of reports, and several elections, the General Debate offered a vital opportunity for ICC States Parties and other ASP participants to share their positions and perspectives on key issues shaping the Court’s work and the broader international justice system. Among the many topics raised by ICC States Parties were the crucial need for enhanced cooperation and political support for the Court in light of increasing threats and challenges; and the need to provide the ICC with a strong and adequate budget to match its ongoing and increasing resource needs including to enhance its security posture.   

A number of States renewed their calls for universal ratification of the Rome Statute, applauding Armenia and Ukraine for recently becoming the 124th and 125th ICC State Parties.   

In addition, many delegations acknowledged the critical importance of safeguarding the ICC’s independence and integrity amidst external pressures and challenges, including the condemnation of recent attacks and threats against the Court, its officials as well as those cooperating with it, and reiterated the need for unwavering support from its Assembly.  

Throughout the General Debate, states parties highlighted a shared commitment among participants to strengthen the ICC as a cornerstone of the global fight against impunity and as an institution dedicated to upholding justice, accountability, and the rule of law.  

In addition, states parties acknowledged the upcoming review of the amendments on the crime of aggression, some further highlighting the importance of harmonising the ICC’s jurisdiction over all four of the Rome Statute crimes, including the ICC’s jurisdiction over all four of the Rome Statute crimes.   

Following regional organisations and observers, for the final segment of the General Debate, civil society representatives took the floor the following situations: Afghanistan, the Democratic Republic of Congo (DRC), Libya, Nigeria, Palestine, the Philippines, Sudan, Venezuela and Ukraine, as well as in Armenia.   

A central theme in their contributions was the need to place victims at the heart of the ICC’s work, reflecting the foundational principles and rights of victims in the Rome Statute, which aims that justice be inclusive of those most affected by serious international crimes. NGOs also stressed the urgency of protecting human rights defenders and those collaborating with the Court from threats and reprisals, emphasising that such safeguards are essential to preserving their vital work with victims and the integrity of the justice process.  

In addition, civil society called for increased public and financial support for the ICC, highlighting the necessity of shielding the Court from any political and external pressure to ensure its independence. They called on States Parties to provide the ICC with sufficient resources to meet its growing workload and the increasing demand placed upon it around the world. Finally, NGOs reiterated the importance of striving toward the universality of the Rome Statute, stressing that broader membership of States is critical to closing the impunity gap and ensuring that perpetrators of Rome Statute crimes are held accountable.  

These contributions confirmed the indispensable role of civil society in supporting the ICC’s mission and in the Assembly, advocating for victims, and fostering a global culture of accountability.  

The high number of NGO representatives and human rights defenders participating at the session demonstrated their unwavering commitment to justice and the fight against impunity, despite the risks and challenges they face around the world.  

ASP23 Key Decisions and Discussions

ICC’s 2025 Annual Budget 

One crucial function served by the ASP is agreeing on the Court’s annual budget. Every year, the Court submits a budget proposal for the States Parties’ consideration around six months in advance of the annual ASP session where they typically vote on the final number. After it is submitted, the budget proposal is also reviewed by the Committee on Budget and Finance (CBF), the ASP independent body of elected experts tasked with assessing documents which have a financial implication on the work of the ICC or the ASP. Before the States Parties start negotiating the budget, the CBF provides independent technical recommendations which seek to support the Assembly’s negotiations around the Court’s budget. States Parties then consider the Court’s budget, engaging in negotiations in the weeks leading up to session.  

Ultimately, the ASP adopted a budget of €195,481,500, for an increase of 4.4% over the 2024 approved budget. This amounts to a total increase of €8,397,200 over the 2024 approved budget.  

Background on budget negotiations in 2024: 

The Court presented its budget proposal to States Parties in July 2024, requesting a total of €206,198,700 or an additional €19,114,400 (+10.2%) over the budget for 2024. For context, in 2023, the Court requested a budget for 2024 of €200,412,100, to which states approved a total budget of €187,084,300 (or an increase of 7.99% over the previous year).     

In October 2024, after assessing the request, the CBF recommended States Parties adopt a budget of €199,502,200, or an increase of €12,499,200 (+6.7%) over the 2024 approved budget, proposing certain cuts and efficiencies while prioritising needs related to the complex security situation and operating environment, and an increased workload across all ICC organs.    

Heading into negotiations, a contingent of states emerged with a position of zero-nominal growth, in contrast with other states that sought to give the Court a figure closer to that proposed by the CBF. A zero-nominal growth budget means that the Court would get the same budget as last year, with no increase even for inflation. Despite consistent advocacy efforts by civil society to oppose zero-nominal growth as entirely incompatible with the Court’s mandate and workload, a number of States Parties promoted this position throughout the negotiation period. States Parties engaged in formal and informal negotiations in the weeks prior to and throughout the week of ASP23, which lasted late into the final night of the session.  

States also decided to replenish the Court’s Contingency Fund to a total of €5,600,000. The Contingency Fund was established to provide the Court with to deal with costs unforeseen at the time the annual budget is adopted. The Contingency Fund allows the Court to address urgent needs and react to developments that may arise throughout the year, such as an unforeseen arrest, or opening of an investigation.  

Cooperation  

The topic of cooperation was high on the Assembly’s agenda in 2024. Cooperation from ICC States Parties is crucial for the Court’s effective functioning, in particular States Parties’ obligation to arrest and surrender ICC suspects.  

A few weeks before the start of the session, ICC Judges found Mongolia failed to cooperate in the arrest and surrender that of Russian President Vladimir Putin while he was on its territory on 3 September 2024 and surrender him to the Court. The ICC judges thus referred the matter to the Assembly of States Parties for action. As of the start of the ASP session, proceedings were still ongoing before the judges, thus the ASP did not include the finding on the agenda of the session. 

The ASP23 thematic plenary session on Cooperation focused on the question: “How can states parties strengthen their support for the Court?”. The session was moderated by the co-facilitators H.E.  Mr. François Alabrune, Ambassador of France to the Netherlands, and  H.E. Ms. Ramatoulaye Ba Faye, Ambassador of Senegal to the Netherlands, and divided into two segments. The first, entitled, “Cooperation is vital for the Court”, saw high-level interventions by ASP President Päivi Kaukoranta, ICC President Judge Tomoko Akane, ICC Deputy Prosecutor Mame Mandiaye Niang, ICC Registrar Osvaldo Zavala Giler. A number of States Parties intervened during the discussion to reiterate the importance of cooperation with the Court and efforts taken at national level. Arie Mora, of the Ukrainian Legal Advisory Group (ULAG), delivered a statement on behalf of the Coalition for the ICC on the importance of States’ cooperation in the execution of ICC arrest warrants. Mr Mora called on states parties to clearly and publicly commit to abide by their legal obligations to execute ICC arrest warrants, regardless of whom they target, and to avoid non-essential contact with persons wanted by the court. 

This was followed by a technical segment focusing on “How can States Parties strengthen their support for the Court with existing tools?”. Panelists addressed existing tools to ensure and facilitate cooperation between states parties and the Court, including the Agreement on Privileges and Immunities of the Court (APIC), as well as tools to track persons under arrest warrants. The first panel tackled the question “How does ratifying APIC protect the Court?”. Panellists included Ms. Antônia Pereira de Sousa, Chief of Office to the Registrar, a representative of the Host State, the Netherlands, and Ms. Virginie Amato, CICC Advocacy Director. 

In her intervention, Ms Amato called on States Parties to defend the Court’s independence against threats and sanctions. She further highlighted indispensable role of state political support and cooperation in ensuring justice for victims and the effective functioning of the Court, in all situations before it, and emphasised the critical obligations of States Parties under the Rome Statute and the collective responsibility to defend the Court and the Rome Statute from any attack, including sanctions.  

The second panel discussed how to use ICC’s tools to facilitate cooperation between States Parties and the Court, and included interventions from Ms. Verna Adkins, who represents Finland as a non-cooperation focal point, and Ms. Anne-Aurore Bertrand, acting Chief of the Judicial Cooperation Support Section of the Registry.  

The third and final panel addressed the question of how to support the ICC’s efforts to track persons under arrest warrants with the following panelists: Ms. Anne-Aurore Bertrand, acting Chief of the Judicial Cooperation Support Section of the Registry, Mr. Tom Lynch, Special Advisor to the Prosecutor, and Mr. Norbert Mao, Minister of Justice and Constitutional Affairs of Uganda. During the open discussion, Ms. Niemat Ahmadi of Darfur Women Action Group took the floor.   

The Assembly adopted its annual resolution on cooperation, which includes efforts by states parties, the Court and civil society to advance cooperation with the Court. In addition to the technical updates made to the resolution since 2024, the Assembly further took note of inter-organ retreat of the Court on the challenges posed by the execution of arrest warrants, which was held in July 2024. It also recognized the important work of national focal points for cooperation in ensuring efficient assistance and communication in the execution of cooperation requests, and finally, welcomed the new agreements on enforcement of sentences and final release agreements concluded since the last resolution on cooperation.  

Civil Society and Human Rights Defenders at ASP23 

The Assembly’s work benefits from the active participation and expertise of global civil society and human rights defenders throughout the year, particularly during its annual session. This participation is both formal and informal, from the delivery of statements during plenary sessions, organisation of side events, to bilateral advocacy to advance on priorities and inform delegates of developments and priorities in ICC situation countries.  

However, human rights defenders and civil society representatives often face threats and reprisals for their work on international justice, and specifically with the ICC or the ASP.  For several years, Rome Statute system actors including States Parties have recognised the critical role of human rights defenders and civil society in the Rome Statute system, and the need to support them when threatened or at risk of reprisals for their work on the Court or for engaging with the Assembly.  

Following ongoing discussions and consultations held throughout 2024 related to the “Guidelines for enhancing the security of participants in the work of the Assembly”, the Assembly recommitted to “uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity undeterred by any threats or measures against the Court, its officials and those cooperating with it”. It further tasked its Bureau to continue developing measures to enhance the security of participants in the work of the Assembly, and to report to at its twenty-fourth session. (‘Omnibus’ resolution)  

On 7 December 2024, the Coalition for the ICC together with Al Haq, Al Haq Europe, Al Mezan Center for Human Rights, the Coalition for the Prevention of Hazara Genocide, the International Federation for Human Rights (FIDH), Lawyers for Justice in Libya, the Palestinian Centre for Human Rights, the Transitional Justice Coordination Group and PROVEA, held a side event on the topic of “Protecting and Defending Human Rights Defenders and Civil Society: Advancing the role of the ICC States Parties and the Court?”. The event was cosponsored by Costa Rica, Finland, Ireland, New Zealand and South Africa.  ASP President Päivi Kaukoranta provided the keynote speech, underscoring the collective responsibility of all Rome Statute system actors in providing a safe space for civil society engagement and HRDs, and expressed her own unwavering commitment to safeguarding those who are protecting the Court’s mission. The panel included three HRDs from ICC situation countries who reflected on challenges facing HRDs worldwide, the need for support in the face of increased attacks and threats, and the role that the ICC, the ASP, and the international community can play to support and protect their work to advance justice.  

Elections 

Throughout the week, the Assembly elected officials to serve on several subsidiary bodies: 

• The Advisory Committee on Nominations (ACN): The ACN is an independent subsidiary body of the ASP with nine seats, mandated to facilitate the nomination and election of the most highly qualified individuals as ICC judges. The Assembly elected the following individuals by acclamation for three years: Mr. Julian Fernandez (France); Mr. Robert Fremr (Czech Republic); Mr. Guido Hildner (Germany); Ms. Milica Kolaković-Bojović (Serbia); Mr. O-Gon Kwon (Republic of Korea); Mr. Jaime Moscoso Valenzuela (Chile); Ms. Ngozika Okaisabor Uwazurunonye (Nigeria); Mr. Diego Pary Rodríguez (Bolivia); and Mr. Mauro Politi (Italy). 

• The Board of Directors of the Trust Fund for Victims (TFV): The TFV Board of Directors provides leadership and strategic guidance to the TFV. The five members serve on a pro bono basis and represent each region of the world for a three-year mandate. As there were six candidates for the five seats, the first four candidates for which there was consensus were elected on Monday 2 December: Mr. Kevin Kelly (Ireland); Mr. Tareque Muhammad (Bangladesh); Mr. Andres Parmas (Estonia); Ms. Mônica Jacqueline Sifuentes (Brazil). Following further consultations within the Africa Group, a consensus candidate emerged and Mr. Ibrahim Sorie Yillah (Sierra Leone) was elected on the final day of the session.  

• The Committee on Budget and Finance (CBF): The CBF is the body responsible for assessing documentation submitted to the Assembly that have financial or budgetary implications, including providing recommendations to States on the ICC’s Proposed Programme budget each year. In 2023 the ASP decided to expand the CBF from 12 members to 17, aiming to enhance the geographical balance of the body. The five additional seats are allocated as follows: two from the Africa Group, one from Asia-Pacific, one from Eastern Europe and one from GRULAC. The Assembly elected the following 4 candidates on Friday 6 December: Mr. Jae Woo Kim (Republic of Korea); Mr. Héctor Félix Romero (Argentina); Mr. Mustapha Samateh (The Gambia); and Ms. Glory Geofrey Sindilo (United Republic of Tanzania). As there was no candidate presented to represent the Eastern European group, the seat remains vacant, and the election will be held at the next Assembly session in 2025. and the election will be held at the next Assembly session in 2025. 

‘Omnibus’ Resolution: Strengthening the ICC and the ASP 

The Assembly adopted its annual resolution on “Strengthening the International Criminal Court and the Assembly of States Parties” (referred to as “Omnibus” resolution) which includes commitments on key topics related to the work of the Court and its Assembly. The Resolution is an important document that provides direction and mandates to the Court and States Parties on specific topics for the following year and includes reporting guidelines to advance discussions in a timely fashion.  

As was the case in recent years, the Assembly used the introductory paragraphs of the resolution to confirm its ‘unwavering support for the Court as an independent and impartial judicial institution’. It further condemns any threats and attacks against the court, its personnel and those cooperating with it, including civil society, and expressed support for the consistent implementation of the Court’s mandate across situations.  

Building on the language adopted the previous year, the introductory paragraphs also included a condemnation of “any threats, attacks, incitement or interference thereto, including any attempt to implement sanctions or measures of a similar effect, against the Court, its personnel or those cooperating with it,” taking note of statements by the ASP President and the Office of the Prosecutor in this regard.  

The ASP23 ‘Omnibus’ resolution included several decisions. On cooperation, the Assembly requested that the Registry engage with States Parties on the issue of security of the ICC, including safety and protection measures in the face of threats and attacks against Court officials, staff, counsel, and the institution itself. The Assembly also took note of the Judges’ finding of non-compliance by Mongolia in October 2024, as well as the Judges’ decision to reject Mongolia’s request for leave to appeal in November 2024.  

The Assembly also agreed to continue its work on developing measures to enhance the security of participants in the work of the Assembly, including through consultations with civil society, to report at its next session. 

On Rome Statute amendments, the Assembly decided to convene a Special Session from 7 – 9 July 2025 at United Nations Headquarters, in New York, in order to review the Kampala amendments on the crime of aggression. The Assembly encouraged regular meetings of the Working Group on Amendments starting in early 2025 in to facilitate preparatory discussions in this regard.  

Review of the ICC and Rome Statute system 

The Review Mechanism, the body established to oversee the assessment and implementation of the recommendations of the Independent Experts and led by two state party representatives, Ambassador Michael Kanu (Sierra Leone) and Ambassador Paul van den Ijssel (The Netherlands), was formally concluded during the 23rd ASP session.  

The Mechanism concluded its assessment of recommendations in 2023 and was extended for an additional year at the 22nd ASP session (2023) to oversee two discussions on the establishment of a tenure policy for Court staff, and a moratorium on hiring of non-states parties’ nationals. Through the course of 2024, the meetings of the Mechanism on these two topics were open only to ICC states parties.  

At the 23rd session, the Assembly adopted three resolutions on the Review of the ICC and Rome Statute system to put in place the two policies, on tenure and a moratorium, and to formally conclude the work of the Review Mechanism, dispersing the follow-up work on the implementation of recommendations among the various ASP working groups and facilitations.  

The dedicated plenary session on the Review served as a place for stocktaking and celebrating the achievements of the Mechanism since its inception several years ago. Civil society took the floor during the plenary:  Mr. Mamadou Boussouriou Diallo on behalf of the Coalition for the ICC’s  issue team on the Review, Ms. Maria Elena Vignoli on behalf of Human Rights Watch, and Mr. Matthew Gillet on behalf of the Peace and Justice Initiative. 

The next Assembly session will take place from 1 – 6 December 2025 in The Hague, the Netherlands.