Summary Day Two
Assembly of States Parties 2018
Vocalizing Support for International Justice
6 December 2018
"We cannot successfully cooperate with the rest of the world in establishing a reign of law unless we are prepared to have the law operate against what would be sometimes our national advantage."
-Justice Robert H. Jackson, Chief United States Prosecutor at the Nuremberg Trial
General Debate
Day 2 of the 17th session of the ASP saw the resumption of the General Debate, with States Parties, Observer states, regional & international organizations, and civil society taking the floor.
States Parties taking part in the Debate included Mali, Lesotho, Colombia, Malawi, Kenya, Spain, Uruguay, Poland, Chile, Slovenia, Canada, Hungary, Bulgaria, Afghanistan, and the Philippines.
The Philippines reaffirmed its decision to withdraw from the Rome Statute – which had been announced in March 2018 and will take effect on 17 March 2019. Kenya’s statement supported immunity for heads of states in the Rome Statute system – in contrast to Article 27 of the treaty.
The Debate continued with Italy, Switzerland, Brazil, New Zealand, Portugal, and Japan, which announced a voluntary contribution to the Trust Fund for Victims of €52,000, adding to contributions announced on Day One, including Ireland, which pledged to contribute €175,000 to Fund specifically earmarked to replenish the reparations reserve and assistance programs.
The need to start early with a process to search for and elect the next Prosecutor of the ICC was highlighted by several states over the course of the two day Debate, including Switzerland, Spain, Nigeria, Norway, Canada, Trinidad & Tobago, and Uruguay.
The Debate continued with Malta, Greece, Estonia, Cyprus, El Salvador, Romania, Guatemala, Ghana, Tunisia, Vanuatu, Democratic Republic of the Congo, Bangladesh, Botswana, Paraguay, Trinidad and Tobago, Iceland, Peru, Argentina, Sierra Leone, and Burkina Faso.
Following a statement by Venezuela (Bolivarian Republic of) noting the recent referral of the situation in the country to the ICC (made by Argentina, Canada, Chile, Columbia, Paraguay, and Peru), Chile and Canada requested the right to reply, followed again by Venezuela.
Observer states taking part in the Debate included Iran, China, and Cuba, while international organizations and other entities included the International Humanitarian Fact-Finding Commission, the International Committee of the Red Cross, the Sovereign Order of Malta, and the ICC Bar Association.
Civil society took the opportunity of the General Debate to call on all stakeholders to proactively and positively engage with the Rome Statute system. Speakers included, William Pace, Convenor of the Coalition for the International Criminal Court (CICC); Ms. Barbara Lochbihler on behalf of Parliamentarians for Global Action (PGA); Mr. Gianfranco dell’Alba of No Peace Without Justice (NPWJ); and Ms. Guissou Jahangiri on behalf of the International Federation for Human Rights (FIDH).
The General Debate - which ended without hearing from all speakers on the list due to time constraints – may be resumed at a later date during the 17th session.The General Debate - which ended without hearing from all speakers on the list due to time constraints – may be resumed at a later date during the 17th session.
Side Events
Liechtenstein organized a side event entitled, “The ICC’s Jurisdiction over the Crime of Aggression,” during which the Dominican Republic, the Central African Republic, Guinea-Bissau and Italy provided updated on efforts to ratify the amendment.
Ireland, Uganda and the Trust Fund for Victims (TFV) hosted a side event on “Supporting reparative justice for victims in the Rome Statute system: what States Parties can do (more).”
Canada, the Netherlands, and Justice Rapid Response (JRR) organized an event entitled, “Investigating International Crimes at the National level: Realizing the Promise of complementarity in the Gambia & the Case for Specialized Expertise.”
The “Challenges and opportunities for the Universality of the Rome Statute system: Strategies and best practices tailored to the Asia-Pacific region.” were discussed in an event co-hosted by the Netherlands, the Republic of Korea and Parliamentarians for Global Action (PGA).
A discussion on “Victims’ Participation in ICC Proceedings: Examining the Role of Counsel” was co-hosted by Chile, The International Federation for Human Rights (FIDH), Open Society Initiative for Eastern Africa, Trust Africa and Victim’s Support Initiative.
Former US War Crimes Ambassador Stephen Rapp opened the side event on “Challenges and Prospects on the ICC’s Horizon: Afghanistan, Myanmar and More” (co-hosted by the American Bar Association and the International Federation for Human Rights (FIDH)), by quoting Justice Robert H. Jackson, the Chief United States Prosecutor at the Nuremberg Trials:
"We cannot successfully cooperate with the rest of the world in establishing a reign of law unless we are prepared to have the law operate against what would be sometimes our national advantage."
The International Federation for Human Rights (FIDH) hosted an event on the topic of “From Bemba to Rombhot: Reflections & Perspectives for the ICC in the Central African Republic.”
Day Two ended with a reception co-hosted by Bangladesh, Bosnia and Herzegovina, Georgia, Japan, Mali, the United Kingdom, Uruguay, and the Trust Fund for Victims (TFV).
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