28 December, 2010

International Criminal Court Developments

On 10 December 2010, the Assembly of States Parties to the Rome Statute of the International Criminal Court (“the Assembly”) concluded its ninth session and adopted resolutions, inter alia, on the programme budget for 2011, permanent premises, governance, the Independent Oversight Mechanism and on Strengthening the International Criminal Court and the Assembly of States Parties.

A United Nations webcast is also available - here

The 9th Session followed the Kampala Review Conference (June 2010) which adopted a resolution relating to the crime of Aggression.  At Kampala provisions were adopted governing the terms of the ICC's ability to investigate and prosecute individuals for the crime of aggession.  The ICC parties agreed on a jurisdictional regime though procedures depend on how the matter gets to the ICC (e.g. by reference from the UN Security Council, State referral or the prosecutor's own initiative).  The Review Conference determined that the activation of jurisdiction is still subject to a positive decision by the ASP which cannot be taken before 1 January 2017 and one year after the ratification or acceptance of the amendments by 30 states parties, whichever is later. Read more on: Crime of Aggression

In Kenya there is concern about the ICC prosecutor having in his "cross-hairs" six Kenyans alleged to have been behind post-election violence - see here.  Kenyan MPs are seeking withdrawal from the court.  It is permissible for States to withdraw from the court but one year's notice is required and the withdrawal does not affect cases commenced prior to the notice of withdrawal.

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