Assembly of States Parties
First Session (resumed)
3-7 February 2003
last update: 24 July 2003
The resumed session of the Assembly of States Parties to the Rome Statute of the International Criminal Court was held at United Nations Headquarters from 3 to 7 February 2003.
Results of the election of the judges of the International Criminal Court (archived webcast)
Nominations for the election of the judges and Prosecutor of the International Criminal Court
- Report of the first session of the Assembly of States Parties(ICC-ASP/1/3 and Corr.1)(3-10 September 2002)
Report of the first and second resumptions of the first session (3 - 7 February and 21 - 23 April 2003)
- Work programme for the first session of the Assembly of States Parties
- Agenda of the resumed session (ICC-ASP/1/1/Add.1) - (E, F, S, R, C, A)
- Other Documentation:
- Election of the judges of the International Criminal Court: Note by the Secretariat, document ICC-ASP/1/4 (E, F, S, R, C, A), Add.1 (E (1.6mb), F (1.4mb), S (1.2mb), R (2.5mb), C (1.8mb), A (1.7mb)) and Add.2 (E, F, S, R, C, A)
- Election of the judges for the International Criminal Court: guide for the first election, document ICC-ASP/1/5 (E, F, S, R, C, A)
- Election of the Prosecutor of the International Criminal Court: Note by the Secretariat, document ICC-ASP/1/6 (E, F, S, R, C, A)
- Election of the judges for the International Criminal Court: withdrawal of candidature, document ICC-ASP/1/7 (E, F, S, R, C, A)
Pursuant to General Assembly resolution 57/23 of 19 November 2002 and in accordance with the rules of procedure of the Assembly, the resumed session was attended by those invited to attend the first session. The Assembly accepted the credentials of the representatives of the 9 States that became parties since the first session in September on the understanding that four of them which had not yet submitted formal credentials would do so as soon as possible. In addition, at its 6th meeting, on 3 February 2003, the Assembly decided to invite the representative of the Special Court for Sierra Leone to participate, as observer, without the right to vote, in its deliberations.
At the same meeting, the Assembly decided that Malta would replace Germany, on the Bureau.
Also at the same meeting, the Assembly adopted its agenda for the session, as contained in document ICC-ASP/1/1/Add.1.
The Assembly made a number of decisions and recommendations during the resumed session. Concerning the election of judges, the Assembly, at its 6th meeting, on 3 February 2003, on the recommendation of the Bureau, decided that for the purposes of electing judges of the International Criminal Court, any meeting of the Assembly shall continue until as many candidates as are required for all seats to be filled have obtained, in one or more ballots, the highest number of votes and a two thirds majority of the States Parties present and voting. Consequently, all candidates elected as judges shall be considered as having been elected at the same meeting irrespective of whether or not the ballot continues for one or more days. At the same meeting, the Assembly, on the recommendation of the Bureau, decided that the terms of office of Judges of the International Criminal Court elected by the Assembly shall begin to run from 11 March 2003 following the date of their election. The Assembly also decided that the term of office of a judge elected to replace a judge whose term of office has not expired shall run from the date of the election for the remainder of that term.
At its 7th meeting, on 4 to 7 February 2003, the Assembly proceeded to elect 18 judges. The President, pursuant to resolution ICC-ASP/1/Res.2, subsequently drew lots to select judges elected who shall serve terms of three and six years, respectively, in accordance with paragraph 9(a) of article 36 of the Statute. (See results of the election)
On the election of the Prosecutor of the International Criminal Court, at its 8th meeting on 7 February 2003, the Assembly, on the recommendation of the Bureau, decided to reopen the nomination period for the Prosecutor to run from 24 March to 4 April 2003. Since pursuant to resolution ICC-ASP/1/Res.2 every effort shall be made to elect the Prosecutor by consensus, the Bureau continued to encourage States Parties to consult informally first, before processing their official nominations with the Secretariat. At the same meeting, the Assembly took note of the decision of the Bureau, that the election of the Prosecutor be held during the second resumed session in April.
Regarding the Bureau proposal for the meetings of the special working group on the crime of aggression, at its 8th meeting on 7 February 2003, the Assembly decided, that the Special Working Group on the Crime of Aggression meet during annual sessions of the Assembly of States Parties, the first such meeting for 2003 be held at the second session in September that two to three meetings of the Assembly be allocated to the Special Working Group; and that this pattern be repeated, as necessary, each year.
In addition, the Assembly noted that the idea of holding inter-sessional meetings of the Special Working Group, had been taken note of by the Bureau but that the Bureau had decided that it was not in a position to make any recommendations, since it could be financially difficult for some delegations to send representatives to inter-sessional meetings and that it would thus be preferable that the Special Working Group meet during the annual sessions of the Assembly of States Parties. The door was left open, however, for any Government wishing to fund the holding of an inter-sessional meeting.
On the appointment of the External Auditor, at its 8 meeting on 7 February 2003, the Assembly took note of the Bureau report that in November 2002 the Office of the Director of Common Services of the International Criminal Court had circulated a Request for Proposals for the External Auditor to missions of States Parties in The Hague and Brussels; and that in the light of responses from States Parties which sought more time, the deadline for submission had been extended to 15 February 2003. Accordingly, the Assembly decided that the Bureau report on further developments concerning the appointment of the External Auditor to the Assembly during its second resumed session in April 2003. Interested States Parties were requested to inform their authorities of the extension of the deadline for submission of the proposals.
Concerning the establishment of an international criminal bar, at its 6th meeting, on 3 February 2003, the Assembly was informed that the President, in consultation with the Bureau, had appointed Mr. Hans Bevers (Netherlands) to act as focal point on the establishment of an international criminal bar in order to assist the Assembly in its future discussions on the matter. Mr. Bevers would report to the Bureau developments thereon.
At its 8th meeting on 7 February 2003, the Assembly, on the recommendation of the Bureau, decided to extend the nomination period for candidates for membership to the Committee on Budget at Finance, to 7 March 2003. In addition, considering that the election for the Committee members will take place during the resumed session in April, the Assembly mandated the President to further extend the nomination period should an insufficient number of candidates be received by the extended deadline.
The Assembly was also apprised of the status of contributions to the budget of the Court for the first financial period and an appeal was made to States Parties, which have not yet done so, to make their assessed contributions as soon as possible.