Assembly of States Parties

Assembly of States Parties
Name	Assembly of States Parties
Caption	Emblem of the Assembly of States Parties
Formation	3 September 2002
Type	Treaty-based governing body
Headquarters	New York City, United States (Secretariat), The Hague, Netherlands (Sessions)
Membership	124 States Parties
Language	English, French, Spanish, Arabic, Chinese, Russian
Website	https://asp.icc-cpi.int/

Assembly of States Parties is the management oversight and legislative body of the International Criminal Court (ICC). It was established by Article 112 of the Rome Statute, the Court's founding treaty, which entered into force on 1 July 2002. The Assembly convenes its member states to make key administrative decisions, adopt the annual budget, elect officials like judges and the Prosecutor, and consider amendments to the Rome Statute.

History and establishment

The creation was a direct outcome of the diplomatic conference held in Rome in July 1998, which finalized the Rome Statute. Following the treaty's adoption, the Preparatory Commission for the International Criminal Court worked from 1999 to 2002 to draft essential texts like the Rules of Procedure and Evidence and the Elements of Crimes. The inaugural session was held at United Nations Headquarters in New York City in September 2002, shortly after the Rome Statute achieved its 60th ratification. Key early figures in its formation included diplomats like Philippe Kirsch and legal scholars such as Cherif Bassiouni.

Membership and participation

Membership is open to all states that have ratified or acceded to the Rome Statute; as of 2024, there are 124 States Parties. Notable non-member states with Security Council influence include the United States, China, and Russia. States that have signed but not ratified the treaty, like Israel, may attend sessions as observers. Regional representation is a significant factor, with strong membership from the African Union, the European Union, and Latin America, while participation from Asia and the Middle East remains lower.

Functions and powers

Its primary functions are budgetary, administrative, and electoral. It adopts the annual budget for the International Criminal Court, funded by assessed contributions from member states based on the United Nations scale. It elects the Court's judges, the Prosecutor, and the Deputy Prosecutors. Furthermore, it establishes subsidiary bodies like the Committee on Budget and Finance and the Bureau of the Assembly of States Parties. It also reviews reports from the Board of Directors of the Trust Fund for Victims and can consider amendments to the Rome Statute, such as the 2010 Kampala amendments on the crime of aggression.

Sessions and decision-making

It typically holds one regular session per year, often at the World Forum Convention Center in The Hague or at United Nations Headquarters in New York City. Special sessions can be convened, such as the 2021 special session to elect a new Prosecutor. Decision-making generally follows consensus; when this fails, matters proceed to a two-thirds majority vote. The Bureau of the Assembly of States Parties, comprising a President, Vice-Presidents, and committee chairs, guides work between sessions. Resolutions cover topics from the situation in Ukraine to cooperation with the African Union.

Relationship with the International Criminal Court

While it provides governance, it must respect the judicial independence of the International Criminal Court as mandated by the Rome Statute. It interacts formally with the Court's Presidency and the Office of the Prosecutor through annual reports. The relationship is sometimes tested, notably during debates over the Court's focus on investigations in Africa, which led to tensions with the African Union. The Assembly also oversees the Independent Oversight Mechanism and the Secretariat of the Assembly of States Parties, which is headed by the UN Secretary-General.

Challenges and criticisms

It has faced persistent challenges, including allegations of political interference from powerful states and inconsistent cooperation from members. Financial constraints are a recurring issue, impacting the International Criminal Court's ability to handle multiple investigations, such as those in Afghanistan or Palestine. Criticisms often center on perceived inefficiency, the slow pace of ratifying amendments like those from the Kampala Review Conference, and the withdrawal of states like Burundi and the Philippines. Efforts at reform, including the work of the Group of Independent Experts, aim to strengthen its effectiveness and the Court's global legitimacy.

Category:International Criminal Court Category:International organizations