On December 2 to 6, 2024, the International Criminal Court’s (ICC) Assembly of States Parties (ASP)—the court’s management oversight and legislative body—held its 23rd session in The Hague. As in previous years, ICTJ took an active part, and its experts joined many of the discussions sharing their knowledge and insight on technical and political challenges with which the ICC grapples in investigating, prosecuting, and adjudicating international crimes.
The ASP brings together representatives from states that ratified or acceded to the Rome Statute, observer states, multilateral bodies, and civil society organizations to discuss pressing issues facing the court and ways to strengthen cooperation in an increasingly complex global context. Civil society organizations and other actors also organize side events for attendees on wide-ranging topics important to international criminal justice.
This year, the situation in Palestine dominated many of the discussions, with special attention paid to the impact on the court of the ICC’s arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant, including the severe sanctions that the incoming US administration has threatened to impose on the court and its personnel.
The ASP nevertheless tackled multiple issues related to the court’s internal procedures, outreach, budget, and cooperation with member states and civil society organizations. Most notable in that regard was the publication of the final report of the Independent Expert Review, four years after that process began. It also addresses many country situations in which international crimes are being or have been committed. In collaboration with partners, ICTJ organized two of these discussions, one focusing on Syrian victims and another on reparations for victims in Northern Uganda.
In partnership with the Embassy of Sweden in The Hague and the Syrian partner organizations comprising the Bridges of Truth project, ICTJ hosted the event on the ICC’s commitment to justice and accountability for Syrians on December 2. The event brought members of Syrian civil society associations and victims’ groups together with government officials; representatives of the Independent International Commission of Inquiry on the Syrian Arab Republic and the International, Impartial and Independent Mechanism for Syria (IIIM); and other stakeholders.
“Although the event took place before the fall of the Assad regime on December 8, the discussion on the critical role civil society must play in Syria’s transition was still front and center,” noted Nousha Kabawat, head of ICTJ’s Syria program. “For years, Syrian civil society organizations and victim and family associations have been documenting human rights abuses and supporting victims. They are well positioned to play an instrumental role in Syria’s reconstruction and the establishment of justice mechanisms. Now more than ever they must be consulted as they are an essential component of a truly inclusive and Syrian-led political process.”
At the event, ICTJ Senior Programs Expert Elena Naughton presented the new report by the Bridges of Truth project, “The Accelerating Tragedy of Syria’s Displaced: Failed Commitments, Forced Returns, and the Normalization of International Crimes.” The report examines the ethical, legal, and practical challenges related to repatriating Syrian refugees as well as the broader justice needs of those returning and those who remain inside Syria. “Any repatriation process must strictly adhere to international norms that safeguard the rights of refugees, and it must be dignified, safe, and voluntary for those who participate in it,” Naughton said. “Security and safety are preconditions to return for the many who have been brutalized by over 14 years of conflict and decades of oppression.”
On December 5, ICTJ hosted another discussion in partnership with Avocats Sans Frontières, The Trust Fund for Victims, Redress, the Global Survivors Fund, the Embassy of Uganda to the Netherlands, the Ministry of Foreign Affairs of the Netherlands, and the Austrian Development Agency. This event explored the challenges related to the reparations order that the ICC delivered last February in the case of The Prosecutor vs. Dominic Ongwen as well as strategies to foster a survivor-centered approach to implementing the order.
The ICC convicted Dominic Ongwen, a former commander of the Lord's Resistance Army, of 61 war crimes and crimes against humanity and sentenced him to 25 years in prison, in a ruling it upheld in December 2022. The reparations order is the largest in the court’s history—more than €50 million to victims of Ongwen’s crimes.
“The decision represents a milestone for international criminal justice and recognizes the suffering of victims and survivors. It also offers an opportunity to deliver reparations in a genuinely survivor-centered and participatory manner,” explained Sarah Kasande, head of ICTJ’s office in Uganda. “But, it faces numerous challenges, not least of which is the massive funding shortfall, reminding us once again of the complexities and limitations of international criminal justice.”
Uganda’s Minister of Justice and Constitutional Affairs, Norbert Mao, attended the event and pledged that the Ugandan government would cooperate in the implementation of the reparations order and ensure victims who do not fall within the ambit of the court order would receive redress through domestic transitional justice processes. Representatives of victims at the event stressed that the process for delivering reparations should be participatory.
In a separate session on the ICC’s efforts to incorporate mental health and psychosocial support approaches in its work on accountability for atrocity crimes, ICTJ experts underlined the importance of consistently supporting victims before, during, and after the criminal procedures, emphasizing recommendations from the recent ICTJ report “The Search for People’s Well-Being: Mainstreaming a Psychosocial Approach to Transitional Justice.”
In addition, ICTJ co-sponsored a discussion about establishing limitations on the use of the veto power by permanent members of the UN Security Council in situations where there is ongoing genocide, war crimes, crimes against humanity, or aggression. ICTJ also participated in the first International Convention of Afghan War Victims, held at the margins of the ASP.
Finally, ICTJ took part in the launch event for the Gender Justice Practitioners Hub hosted by the Australian Embassy in The Netherlands. The hub aims to connect and support practitioners in delivering gender-inclusive justice outcomes. In her remarks, ICTJ’s Sarah Kasande said that the hub will serve as a useful platform for practitioners in national jurisdictions around the world where most cases are handled. Practitioners will be able to share their knowledge, experiences, and best practices and develop innovative solutions to tackle the common challenges they face in achieving gender justice.
At a moment marked by geopolitical instability, conflict, and unthinkable human suffering across the globe, this year’s ASP served as a forum for government officials, international human rights and legal experts, and civil society representatives to gather to discuss the many challenges as well as enduring promises of international criminal justice today. “Neither criticism nor threats will tarnish the longstanding and principled commitment of ICTJ to all available international criminal justice instruments and institutions,” asserted Fernando Travesí, ICTJ’s executive director. “We will continue to actively support the ICC in its work to hold accountable perpetrators of mass atrocities and to deliver justice and repair to the victims and survivors.”
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ICTJ Executive Director Fernando Travesí (center) engages in the discussion at the ASP side event on the ICC’s commitment to justice and accountability for Syrians on December 2, 2024. (Ahmad Mohamad)
