FIDH recommendations to the 14th Assembly of States Parties to the Statute of the ICC


On the occasion of the 14th session of the Assembly of States Parties (ASP) to the ICC Statute , which takes place from 18 to 26 November 2015 in The Hague, FIDH presents its position paper with recommendations to the State Parties. The paper addresses key issues that will be discussed during the ASP session, including the serious threats posed to the core mandate of the ICC and other key factors concerning the functioning and impact of the Court.

This year, the ASP is once again faced with proposals that severely undermine the Court’s independence and mandate. The latest requests to discuss matters relating to the Court’s handling of the Kenya cases as well as the Al-Bashir case in a political forum raise serious concerns about attempts of interfere in judicial proceedings.

“It is of the utmost importance that States refrain from discussing purely judicial matters that are before the ICC, which would risk damaging the Court’s independence. States Parties should use every opportunity to defend the integrity of the Rome Statute throughout the ASP.”

Karim Lahidji, FIDH President

During the 14th session of the Assembly, States Parties will tackle issues of efficiency and effectiveness of Court proceedings, cooperation with States, and complementarity with national proceedings on sexual and gender based violence.

States Parties will also adopt the Court’s budget for activities of the ICC in 2016. FIDH stresses the importance of adopting a budget that will enable the Court to respond effectively to the challenges of a growing number of preliminary examinations, investigations and prosecutions, and to ensure genuine participation of victims in ICC proceedings. FIDH emphasizes that it is inappropriate to frame a budget discussion about the Court mandated to try atrocity crimes with an appraisal of what is the barest minimum of resources it needs to survive.

“It is imperative that States Parties provide the ICC the diplomatic and financial support it needs particularly now, as the Court is expanding its international reach. Victims of the crimes that fall under the ICC jurisdiction deserve no less."

Shawan Jabarin, FIDH Vice President and Director of Al Haq, who will lead the FIDH delegation

During the plenary session dedicated to discuss "Efficiency and Effectiveness of Court Proceedings”, FIDH calls upon States Parties to promote genuine participation of victims in ICC proceedings, including through a harmonized victim application process and adequate legal representation from earliest stages. FIDH also calls upon State Parties to voluntarily contribute to the Trust Fund for Victims, in particular at this crucial turning point of the Court’s existence with the first cases reaching the reparation stage.

FIDH will attend the ASP session with a delegation led by its Vice President Mr. Jabarin and representatives from member and partner organisations from Côte d’Ivoire, Georgia, Guinea, Kenya, Libya, Palestine, Sudan, and Ukraine.

FIDH will be co-organising the following side events:

1. “Palestine and the ICC: Accountability Opportunities and Obligations” FIDH- State of Palestine- Al Haq organization- OSJI; on 20 November 2015, from 13:00 to 15:00

2. "Complementarity and cooperation: The ICC and the national jurisdictions in Côte d’Ivoire, Guinea and Mali" on 24 November 2015, from 13:00 to 15:00

Read the FIDH recommendations to the 14th Assembly of States Parties to the Statute of the ICC

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