Demand for International Criminal Court’s Work Unprecedented amid Record High Threats, Coercive Measures Worldwide, President Tells General Assembly during Annual Briefing
Speaking before the General Assembly for the first time since her election in March, Tomoko Akane, President of the International Criminal Court (ICC), said the past year has been marked by an unparalleled increase in demand for the Court’s work, along with unprecedented levels of threats, pressures and coercive measures which pose a serious threat to administering justice.
“Let me be very clear on this. We cannot give up. We will not give up,” Ms. Akane told delegates. Presenting the criminal tribunal’s annual report of its activities from 1 August 2023 to 31 July 2024 (document A/76/198), she said, it is “sadly” becoming increasingly more relevant in today’s world. “I say sadly, because this reflects a painful reality that countless innocent civilians live in pain and misery in all regions of the globe,” she added.
Stressing the Court is not a political institution, she said its judges will always be fully independent and impartial in carrying out their duties. “We are only bound by the law and we do not change the course of our actions due to threats, be them political or of another nature,” she said, adding: “We will continue abiding by our mandate undeterred, with integrity, determination, impartiality and independence at all times.”
The number of States parties to the Court will reach 125 — about two-thirds of the international community — on 1 January 2025, when Ukraine officially becomes a member after having deposited its instrument of ratification of the Rome Statute, the Court’s founding treaty, on 25 October.
Past 12 Months: Extraordinarily Busy Period
Detailing the Court’s “extraordinarily busy period” for the past 12 months, she said there were outstanding arrest warrants against 20 individuals, including four arrest warrants issued concerning the Ukraine situation in 2024, when the report was submitted. On 4 October 2024, Pre-Trial Chamber I unsealed six arrest warrants in the Libya situation, bringing the total to 26. This does not include many other warrants issued under seal and the enormous work done by the different Pre-Trial Chambers, she said. While continuing to enhance its tracking capabilities, arrest warrants cannot be executed without States’ cooperation. “Again, the Court urges all UN Member States to assist the Court by cooperating on the arrest and transfer of individuals subject to outstanding ICC arrest warrants,” she said.
The Court’s first in absentia confirmation case is being held regarding the situation in Uganda on the charges against Joseph Kony. The victims of his alleged crimes have been awaiting justice for over 18 years. At the trial level, Trial Chamber X convicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of crimes against humanity and war crimes committed between 2 April 2012 and 29 January 2013 in Timbuktu, northern Mali, in the context of control by Ansar Dine and Al-Qa’ida in the Lands of the Islamic Maghreb, known as AQIM. The Chamber’s sentencing decision is scheduled for 20 November. Hearings continued in the Yekatom and Ngaïssona and the Said cases from the situation in the Central African Republic and in the Abd-Al-Rahman case from the situation in Darfur.
During the reporting period, the Chambers issued 532 written decisions, in addition to oral and email decisions, and 158 hearings were held, she said. In 2023, 14 arrest warrants were issued, including those under seal.
Turning to the Court’s mandate towards victims of mass atrocities, she said reparations are an integral part of the tribunal’s proceedings. Reparations proceedings in the Katanga case concluded in April, with a closing ceremony held in Bunia, Democratic Republic of the Congo, marking a historic milestone. Reparations orders in several other cases are being implemented and about 24,000 individuals, 53 per cent more than in 2023, are directly benefiting from medical treatment, psychological rehabilitation, socioeconomic support, education and peacebuilding activities through the Trust Fund for Victims. Sixty-nine per cent of the beneficiaries are women.
“We are truly at a turning point in history. The rule-based approach to the conduct of hostilities and global affairs and the very notion of international criminal justice is under significant threat,” she said. “It is up to the international community to decide whether the rule of law at the international level should be defended or whether we ought to revert to the rule of power”.
Cooperation with United Nations Crucial for Advancing Global Justice
In remarks delivered by Assembly Vice President Aida Kasymalieva (Kyrgystan), Philemon Yang, General Assembly President said that while the Court is separate from the United Nations, cooperation between the two institutions is crucial to advance global justice and promote international peace and security.
At the heart of the Rome Statute is the principle of complementarity, which recognizes that the Court functions as a court of last resort, only exercising its jurisdiction where national courts fail to do so. “Accordingly, strengthening justice systems at the national level, including through capacity-building initiatives should be a priority for us all,” he said. Noting the conflicts in Gaza, Ukraine and Sudan have seen the potential commission of heinous crimes, he said it is vital that impunity in these situations is not tolerated. “States must prioritize accountability, ensure justice for victims and restore a sense of security within affected communities,” he stressed.
Delegates Vow to Ensure Safety of Court
In the ensuing debate, many delegates vowed to ensure the safety of the Court, which some say complements the Organization’s founding purpose by holding political and military leaders accountable for the crime of aggression. “The United Nations was created to save succeeding generations from the scourge of war,” recalled Liechtenstein’s speaker, calling on Member States to ratify the Kampala Amendments to the Rome Statute on the crime of aggression to ensure there is no impunity.
The representative of the Netherlands, which hosts the Court in the Hague, introduced a draft resolution containing the tribunal’s annual report (document A/79/L.8). She said the Netherlands ensures that the tribunal — “our most valuable asset in the fight against impunity” — can operate “safely and independently, because we cannot undermine the system that brings us justice in the world”.
“We will continue to protect the International Criminal Court from attacks and actions intended to destabilize its judicial activity and discredit it,” added the representative from the European Union, in its capacity as observer. The Court has no agenda other than to deliver justice for victims. “This is why it must be protected from external interference and pressure,” he stressed.
“In an ideal world, the ICC would no longer be needed,” said Finland’s delegate, also speaking for Denmark, Iceland, Norway and Sweden. “Regrettably, its high workload echoes the record number of violent conflicts around the world since the end of the Cold War and the continuing prevalence of serious violations of international law,” she added.
Call for Universal Ratification of Rome Statute
Stressing the need for a truly universal Court, several Member States urged others who have not done so, to ratify the Rome Statute. Other delegates called for more funding and action to preserve the Court’s independence, integrity and impartiality. Justice must be “applied equally in all situations under consideration by the Court, including in the allocations of resources across all cases,” said Uganda’s delegate, speaking for the African Group. Slovenia’s representative said the attempts to discredit the Court should prompt Member States to take action to protect its integrity, including financial resources for the Trust Fund for Victims of atrocities, reparations and other similar programmes.
Czechia’s delegate, speaking also for Austria and Slovakia, said threats and attacks against the Court, its officials, personnel and all those cooperating with it “must be condemned and its security preserved”.
Focus on Victims
Mexico’s representative underscored the need to “maintain a victim-centred approach” in reparation issues, while Guatemala’s speaker noted that, because the Court is not a substitute for national tribunals, the relationship between the UN Security Council and the Court should be improved to redouble efforts to combat impunity. He regretted recent threats to the Court, including cyberattacks, and called for the body’s integrity and functional autonomy to be preserved.
Speakers Urge Justice for Palestinians and Accountability for Israel’s Aggression
Several delegates zeroed in on specific situations. Mauritania’s speaker, on behalf of the Arab Group, called on the international community to hold Israeli occupation officials accountable for their “heinous aggression and barbaric massacres against the Palestinian people without double standards”. “We urge the ICC to take required measures, including issuing arrest warrants against Israeli occupation leaders,” he added. Gravely concerned about the “delayed justice in the Situation in Palestine,” South Africa’s representative urged the Court to use a balanced approach to cases and accelerate its work, especially in that territory.
“What more does Israel need to be held accountable?”, asked the representative of the State of Palestine, lamenting that “there is no red line it did not cross, no rule it did not break, no atrocity it did not commit”. For what purpose “did we build an International Criminal Court if not for situations like these?” — to stop horrors like the ones the Palestinians are experiencing. Perhaps, these rules apply only to some, not to others, he wondered. Israeli impunity must come to an end, he declared, and called on Member States to uphold the law for the benefit of all.
Adding to that, Iran’s speaker, in a right of reply, said the Israeli regime has killed 45,000 people in two months, intentionally targets hospitals and medical centres and has forcibly displaced millions. The international community, which is no less complicit in this due to its “acquiescence, omission and inaction”, should stop the regime’s horrendous crimes and hold it fully accountable.
Responding to that claim, also in a right of reply, Israel’s speaker said some are seeking to “weaponize the Court for their political ends”, but the tribunal must not allow itself to be used by these actors to subvert its judicial procedure. His country, which is not a State party to the Rome Statute, acted in good faith to engage with the Court's organs. “This is another testament to the Israel's commitment to the rule of law,” he said.
Support for Investigation into Crimes Committed in Ukraine
Turning to Ukraine, the representative of Estonia, also on behalf of Latvia and Lithuania, noted the multiple warrants issued by the Court and urged it to bring the perpetrators of war crimes and crimes against humanity committed in Ukraine to justice. The Baltic States also support Ukraine in establishing a special tribunal for the crimes of aggression against that country, he said.
Likewise, the United States speaker welcomed the Court’s progress in the investigation on Ukraine, emphasizing the important role it plays in holding people accountable.
Welcoming the arrest warrants against four senior Russian officials, all of whom are allegedly responsible for directing attacks at civilians and civilian objects in Ukraine, that country’s speaker underscored the importance of preventing impunity for this “terrible crime under the Rome Statute” which is a “deliberate policy on Russia’s part”. Kyiv expects a proper investigation and reaction by the Court in this regard. Further, he welcomed the Court’s Pre-Trial Chambers’ 21 October decision on Mongolia’s failure to comply with the Court’s request to cooperate in the arrest and surrender of Russian President Vladimir Putin and its referral to the Assembly of States Parties. “No immunity is a presumption for committing crimes of global concern,” he stressed, adding that State parties are duty bound to arrest and surrender individuals subject to the Court’s warrant, regardless of official position or nationality.
Rejecting that claim, Mongolia’s speaker, in a right of reply, said his Government has been collaborating with the Court on all matters concerning its attention and will continue to work with it and the Assembly of States Parties on the Chambers’ referral to the latter. Mongolia, he stressed, is committed to the rule of law, including the Rome Statute.
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