FIDH position paper: Recommendations to the 12th Assembly
of States Parties to the Statute of the International Criminal Court
The Hague, 20-28 November 2013
AFP Photo / Simon Maina
On the occasion of the 12th session of the Assembly of States Parties (ASP) to the Statute of the International Criminal Court (ICC), which takes place from 20 to 28 November 2013 in The Hague, FIDH publishes its position paper with recommendations addressing the main issues at stake during this Assembly.
Between the 20 and the 28 November 2013, States Parties to the Rome Statute of the International Criminal Court (ICC) will gather in The Hague during their 12th Assembly. They are approaching this meeting in the midst of serious threats to the core mandate of the ICC in light of political attacks led by the Kenyan government, in defence of two accused persons who were elected – after the Court confirmed the charges against them – as President and Deputy-President of the Country. These attacks have gathered the support of some countries within the African Union. In this environment, the commitment of States Parties to the fight against impunity for genocide, crimes against humanity and war crimes, at all levels, must prevail.
These discussions require to be approached by State delegations with a strong sense of commitment to the object and purpose of the Rome Statute. Delegations must bear in mind that the fight against impunity for the most heinous crimes “that shock the conscience of humanity” cannot be compromised by particular political interests of one or few States Parties. States should avoid short-term compromises to address these political interests that may translate in the long run, to affect the coherence and consistency between the legal texts, and the Court’s ability to fulfil its mandate. They, at all moments, should avoid any double standards in guaranteeing justice for victims of atrocities.
At this Assembly, States Parties will also devote part of its plenary session to discuss Victims´ Rights in the panel Beyond Kampala: reaffirming the value of the victims’ mandate of the Rome Statute System. There will also be another plenary session on cooperation that will focus on witness protection. Both are essential elements for the investigative and judicial work of the Court, for ensuring its legitimacy, cooperation from local communities and to safeguard ICC investigations and proceedings.
States Parties will also have to approve the Budget of the ICC for 2014. The Court has requested an increase of 10,95 million Euros to face the growing number of preliminary examinations, investigations and prosecutions; and in particular, the implementation of a new strategic policy of the Office of the Prosecutor (OTP) on investigations.
