Promising Discussion on Strengthening ICC at ASP Side Event

I was positively impressed by the discussions at the ASP Side Event on "Strengthening the ICC while Upholding its Independence and Safeguarding the Integrity of the Rome Statute" co-hosted by Costa Rica, Estonia, Lichtenstein, Sierra Leone, Spain and Human Rights Watch. Panelists insisted on the need to have experts who are independent from the ICC, States Parties and Civil Society Organizations, with great expertise on ICC issues. I personally insisted on the need to dig into the technicalities of ICC inner policies and regulations, which are most often ignored when they are at the heart of the problem and have a direct impact on judicial proceedings, e.g. with respect to the protection of confidential information (see https://www.icc-cpi.int/CourtRecords/CR2017_00880.PDF at par. 7-14). Gaps and deficiencies in ICC internal policies bear a great burden on its capacity to perform and implement its mandate. Flagging them and offering solutions shall be welcome as positive criticism and a genuine effort to redress the administration of the Court, nothing else.

The expectations on the forthcoming review are immense. But much will depend on the choice of experts, who need to be familiar enough with the ICC system to address these legal technicalities, while having proved their independence therefrom. The ASP shall be careful not to make this review another missed opportunity. I will be there to support it and make it a success. You are all welcome to join in this effort to save ICC and international criminal justice.