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19th Plenary Meeting - General Assembly 75th Session
The General Assembly, acting without a vote, adopted a resolution today that acknowledges the role of the International Criminal Court in ending impunity and promoting human rights, and calls upon States to cooperate with the tribunal regarding the arrest of fugitive defendants.
By the terms of the resolution “Report of the International Criminal Court”, the Assembly welcomed the 123 States that have become parties to the Rome Statute, the 1998 treaty that created it, and called upon all States that have not done so to consider doing so without delay. The world body further called upon all States that have not yet done so to consider becoming parties to the Agreement on the Privileges and Immunities of the Court, while also emphasizing the importance of cooperation between the Court and States that are not parties to the Rome Statute.
It also looked forward to the nineteenth session of the Assembly of States Parties to the Rome Statute at Headquarters from 7 to 17 December, which will elect a new Prosecutor and six new judges to the Court, which is based in The Hague.
The representative of the Netherlands, who introduced the draft resolution, said it resembled the one adopted by the Assembly at its seventy-fourth session, as COVID‑19 restrictions made it hard to have meaningful discussions about its content. As a result, much of what has happened with regard to the Court this past year is not reflected in the text, she explained.
Following adoption, several delegations disassociated themselves from consensus, included the United States. Some delegates, including those from Belgium and the State of Palestine, pointed at the United States decision to impose sanctions on the Prosecutor, Fatou Bensouda, and another senior official, and urged all nations to respect the Court’s independence.
The President of the Court, Chile Eboe-Osuji, in a pre-recorded statement at the start of the meeting, highlighted achievements and challenges, including threats by powerful global actors that rail against its existence and threaten to destroy it. Such attacks show that the Court is making a difference and cannot be ignored by those with a geopolitical interest in leaving innocent victims at the mercy of heinous crimes, he said, as he introduced its annual report (documents A/75/324 and A/75/324/Corr.1). Acknowledging that the Court, like humanity, is not perfect, he urged those States not party to the Rome Statute to reconsider their objections. He added that the findings of an Independent Expert Review into strengthening the Court, will spur reforms while also consolidating its values.
Germany’s delegate, speaking on behalf of 72 States party to the Rome Statute, reiterated their commitment to uphold and defend the Rome Statute “undeterred by any measures or threats against the Court, its officials and those cooperating with it”. Sanctions are a tool to be used against those responsible for the most serious crimes, not against those seeking justice, he said, adding that: “Any attempt to undermine the independence of the Court should not be tolerated.”
Norway’s representative, speaking on behalf of the Nordic countries, urged enhanced cooperation between the Court and the Security Council, particularly in cases of non-cooperation. She urged the Council to refer the situation in Syria to the Court and for the authorities to investigate the situation in Myanmar regarding the Rohingya people. A Council referral to the Court remains the most robust means for achieving accountability, she added.
Myanmar’s representative, noting that his country is not a party to the Rome Statute, said that the humanitarian crisis in Rakhine state is a result of a terrorist group. The integrity of Myanmar’s independent investigations should not be subject to outside interference, he said, adding that the Council’s referral of the situation to the Court as unlawful.
Cuba’s representative took a similarly critical view, saying the Court lacks impartiality because it is subject to the Council’s priorities. In most cases, referrals to the Court show the Council’s selective policies in targeting developing countries, he said, calling for the creation of a genuinely independent global judicial body that does not obey narrow national interests.
The Republic of Korea’s delegate, looking ahead to the Assembly of the States Parties, said that the Court’s composition should be geographically balanced, thus creating a basis for revitalizing cooperation. Wider participation of States would lead to stronger support for the Court, he said, adding that the findings of the Independent Expert Review into its work can be a starting point for reforms.
Later in the day, the Assembly took up the annual report of the International Court of Justice in The Hague (document A/75/4), hearing from its President ahead of a discussion among Member States.
Also speaking during the discussion on the International Criminal Court were representatives of Norway (on behalf of the Nordic countries), Canada (also on behalf of Australia and New Zealand), Libya, Guatemala, New Zealand, Philippines, Ireland, Australia, Slovenia, Bangladesh, Spain, Georgia, Croatia, Sierra Leone, Argentina, Chile, United Kingdom, Japan, Switzerland, Italy, Estonia, China, Slovakia, Senegal, Ecuador, Costa Rica, Republic of Korea, Ukraine, Nigeria, Cyprus, Liechtenstein, Mexico, Myanmar, Brazil, Venezuela, Luxembourg, Paraguay, Honduras and Peru, as well as the European Union.
Delivering statements during the discussion on the International Court of Justice were representatives of Poland (on behalf of the Visegrad Group), Cabo Verde (on behalf of the Community of Portuguese-Speaking Countries), Denmark (also on behalf of Finland, Iceland, Norway and Sweden) and Azerbaijan (on behalf of the Non-Aligned Movement).
The President of the General Assembly delivered opening remarks, and representatives of the United States, Russian Federation and Israel spoke in explanation of vote.
Representatives of Bangladesh and Myanmar spoke in exercise of the right of reply.
The General Assembly will reconvene at 10 a.m. on Tuesday, 3 November, to continue its discussion on the International Court of Justice.
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