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Resolution ICC-ASP/15/Res.5
Adopted at the 11th plenary meeting, on 24 November 2016, by consensus

ICC-ASP/15/Res.5 Strengthening the International Criminal Court and the Assembly of States Parties
The Assembly of States Parties, Mindful that each individual State has the responsibility to protect its population from the crime of genocide, war crimes, and crimes against humanity, that the conscience of humanity continues to be deeply shocked by unimaginable atrocities in various parts of the world, and that the need to prevent and end the most serious crimes of concern to the international community and to put an end to the impunity of the perpetrators of such crimes is now widely acknowledged, Convinced that the International Criminal Court ("the Court") is an essential means of promoting respect for international humanitarian law and human rights, thus contributing to freedom, security, justice and the rule of law, as well as to the prevention of armed conflicts, the preservation of peace and the strengthening of international security and the advancement of post-conflict peacebuilding and reconciliation with a view to achieving sustainable peace, in accordance with the purposes and principles of the Charter of the United Nations, Convinced also that justice and peace are complementary and mutually reinforce each other, Convinced further that justice and the fight against impunity and holding to account the perpetrators of the most serious crimes of concern to the international community and persons criminally responsible under the Statute are, and must remain, indivisible and that in this regard universal adherence to the Rome Statute of the International Criminal Court is essential, Welcoming the Court's central role as the only permanent international criminal court within an evolving system of international criminal justice and the contribution of the Court to guarantee lasting respect for and the enforcement of international justice, Noting the primary responsibility of national jurisdictions to prosecute the most serious crimes of international concern and the increased need for cooperation in ensuring that national legal systems are capable of prosecuting such crimes, Reaffirming its commitment to the Rome Statute and its determination that the most serious crimes of concern to the international community as a whole must not go unpunished, and underlining the importance of the willingness and ability of States to genuinely investigate and prosecute such crimes, Welcoming the efforts and achievements of the Court in bringing those most responsible for the crimes under the Rome Statute to justice and thus to contribute to the prevention of such crimes and noting the jurisprudence of the Court on the issue of complementarity, Recalling that the application of articles 17, 18 and 19 of the Rome Statute concerning the admissibility of cases before the Court and the challenges thereto and to its jurisdiction is a judicial matter to be determined by the judges of the Court, Recalling also that greater consideration should be given to how the Court will complete its activities in a situation country and that possible completion strategies could provide guidance on how a situation country can be assisted in carrying on national proceedings when the Court completes its activities in a given situation, Recognizing that crimes within the jurisdiction of the Court threaten the peace, security and well-being of the world,

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Underscoring its respect for the judicial independence of the Court and its commitment to ensuring respect for and the implementation of the Court's judicial decisions, Taking note with appreciation of the annual United Nations General Assembly resolutions concerning the Court, Welcoming the statement by the President of the Security Council of 12 February 2013 in which the Council stated its intention to continue fighting impunity, reiterated its previous call regarding the importance of State cooperation with the Court in accordance with the respective obligations of States and expressed its commitment to effective followup of Council decisions in this regard, Deeply concerned by the ongoing lack of effective follow up by the Security Council to its resolutions referring situations to the Court and its consequences, despite efforts by States Parties, Recalling the full range of justice and reconciliation mechanisms with restorative measures that are complementary to criminal justice processes, including truth and reconciliation commissions, national reparation programmes and institutional and legal reforms, including guarantees of non-recurrence, Acknowledging relevant decisions of the Court that have recognized that contributions to the promotion of peace and reconciliation may be a relevant consideration in sentencing decisions, on a case by case basis, Recalling the success of the first Review Conference of the Rome Statute, held in Kampala, Uganda, from 31 May to 11 June 2010, Recalling also the decision by the Assembly of States Parties ("the Assembly") to establish a representation of the Court at the African Union Headquarters in Addis Ababa, and reiterating that such presence would promote dialogue with the Court and the understanding of its mission within the African Union and among African States, individually and collectively, Appreciating the invaluable assistance that has been provided by civil society to the Court, Concerned by the recent reports of threats and intimidation directed at some civil society organizations cooperating with the Court, Emphasizing the importance of equitable geographical representation and gender balance in the organs of the Court, and, as appropriate, in the work of the Assembly and its subsidiary bodies, Mindful of the need to encourage the full participation of States Parties, Observers and States not having observer status in the sessions of the Assembly and to ensure the broadest visibility of the Court and the Assembly, Recognizing that victims' rights to equal and effective access to justice, protection and support; adequate and prompt reparation for harm suffered; and access to relevant information concerning violations and redress mechanisms are essential components of justice, emphasizing the importance of effective outreach to victims and affected communities in order to give effect to the unique mandate of the Court towards victims and determined to ensure the effective implementation of victims' rights, which constitute a cornerstone of the Rome Statute system, Conscious of the vital role of field operations in the Court's work in situation countries and the importance of stakeholders working together to create suitable conditions for field operations, Conscious also of the risks faced by personnel of the Court in the field, Recalling that the Court acts within the constraints of an annual programme budget approved by the Assembly,

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A.

Universality of the Rome Statute
1. Welcomes the State that has become a Party to the Rome Statute of the International Criminal Court since the fourteenth session of the Assembly, invites States not yet parties to the Rome Statute of the International Criminal Court to become parties to the Rome Statute, as amended, as soon as possible and calls upon all States Parties to intensify their efforts to promote universality; 2. Calls upon States Parties that have announced their withdrawal from the Rome Statute to reconsider their decision; 3. Welcomes with appreciation the dialogue held in the Open Bureau meeting on the "Relationship between Africa and the International Criminal Court" during the fifteenth session of the Assembly, mindful of the importance of continued dialogue on this matter; 4. Calls upon all international and regional organizations as well as civil society to intensify their efforts to promote universality; 5. Decides to keep the status of ratifications under review and to monitor developments in the field of implementing legislation, inter alia with a view to facilitating the provision of technical assistance that States Parties to the Rome Statute, or States wishing to become parties thereto, may wish to request from other States Parties or institutions in relevant areas; 6. Recalls that the ratification of the Rome Statute must be matched by national implementation of the obligations emanating therefrom, notably through implementing legislation, in particular in the areas of criminal law, criminal procedural law and international cooperation and judicial assistance with the Court and, in this regard, urges States Parties to the Rome Statute that have not yet done so to adopt such implementing legislation as a priority and encourages the adoption of victims-related provisions, as appropriate; 7. Welcomes the report of the Bureau on the Plan of action for achieving universality and full implementation of the Rome Statute 1 and notes with appreciation the efforts of the Court's President, the Office of the Prosecutor, the President of the Assembly, the Assembly, States Parties and of civil society to enhance the effectiveness of universalityrelated efforts and to encourage States to become parties to the Rome Statute, as amended, and to the Agreement on Privileges and Immunities, as well as relevant efforts undertaken in the framework of the Universal Periodic Review of the Human Rights Council; 8. Encourages the Court, Member States, relevant international organizations and civil society to commemorate in 2018 the 20th anniversary of the adoption of the Rome Statute;

B.

Agreement on Privileges and Immunities
9. Welcomes the States Parties that have become a Party to the Agreement on the Privileges and Immunities of the International Criminal Court and recalls that the Agreement and international practice exempt salaries, emoluments and allowances paid by the Court to its officials and staff from national taxation, and in this regard calls upon States Parties, as well as non-States Parties, that have not yet done so to become parties to this Agreement as a matter of priority and to take the necessary legislative or other action, pending their ratification or accession, to exempt their nationals employed by the Court from national income taxation with respect to salaries, emoluments and allowances paid to them by the Court, or to grant relief in any other manner from income taxation in respect of such payments to their nationals; 10. Welcomes the pledges made at the pledging ceremony held during the fifteenth session of the Assembly, in view of the ratification of the Agreement on Privileges and Immunities before 17 July 2018, date of the 20th anniversary of the Rome Statute;

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11. Reiterates the obligations of States Parties to respect on their territories such privileges and immunities of the Court as are necessary for the fulfilment of its purposes and appeals to all States which are not party to the Agreement on Privileges and Immunities in which the Court's property and assets are located or through which such property and assets are transported, to protect the property and assets of the Court from search, seizure, requisition and any other form of interference;

C.

Cooperation
12. Refers to its resolution ICC-ASP/15/Res.3 on cooperation;

13. Calls upon States Parties to comply with their obligations under the Rome Statute, in particular the obligation to cooperate in accordance with Part 9, and also calls upon States Parties to ensure full and effective cooperation with the Court in accordance with the Rome Statute, in particular in the areas of implementing constitutional and legislative framework, enforcement of Court decisions and execution of arrest warrants; 14. Further calls upon States Parties to continue to express their political and diplomatic support to the Court, recalls the sixty-six recommendations annexed to resolution ICC-ASP/6/Res.2 and encourages States Parties and the Court to consider further measures to enhance their implementation and to strengthen their efforts to ensure full and effective cooperation with the Court; 15. Takes note of the report on arrest strategies by the Rapporteur2 and also takes note of the draft Action Plan on arrest strategies;3 16. Recalls the conclusion in 2014 of the first voluntary agreement between the Court and a State Party on interim release; 17. Welcomes the conclusion of ad hoc agreements between the Court and the Democratic Republic of the Congo on the enforcement of two sentences of imprisonment pronounced by the Court and the conclusion of a framework agreement on the enforcement of sentences between the Court and Norway, which brings the total number of such framework agreements in force to eight; 18. Also welcomes the enhanced dialogue between States Parties, the Court and members of civil society offered by the plenary discussion on cooperation held during the fifteenth session of the Assembly, with a special focus on the contribution of national, regional and intergovernmental initiatives to effective cooperation and accountability for Rome Statute crimes; 19. Underlines the importance of effective procedures and mechanisms that enable States Parties and other States to cooperate with the Court in relation to the identification, tracing and freezing or seizure of proceeds, property and assets as expeditiously as possible, welcomes the Court's report and comprehensive presentation on cooperation challenges faced by the Court with respect to financial investigation and calls on all States Parties to put in place and further improve effective procedures and mechanisms in this regard, with a view to facilitate cooperation between the Court, States Parties, other States and international organizations; 20. Recalls the non-cooperation procedures adopted by the Assembly in ICC-ASP/10/Res.5, recognizes with concern the negative impact that the non-execution of Court requests continues to have on the ability of the Court to execute its mandate, takes note of the decisions of the Court on non-cooperation findings in relation to Djibouti, Uganda and Kenya, and of the report of the Bureau on non-cooperation,4 welcomes the efforts of the President of the Assembly in implementing the procedures on noncooperation during his tenure and recalls that the President serves ex officio as focal point for his or her region,5 calls upon all stakeholders, at all levels, to continue assisting the President of the Assembly, including when accomplishing his task with the support of the

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ICC-ASP/14/26/Add.1, annex IV. Ibid., appendix. 4 ICC-ASP/15/31. 5 ICC-ASP/11/29, para. 12. 4 20-E-251116

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regional focal points for non-cooperation, and encourages all States Parties to cooperate towards a successful outcome of the review of the non-cooperation procedures; 21. Recalls the role of the Assembly and the Security Council with respect to noncooperation as provided for by articles 87, paragraph 5, and 87, paragraph 7, of the Rome Statute, welcomes the efforts of States Parties to strengthen the relationship between the Court and the Council, takes note of the letter dated 21 December 2015 from the SecretaryGeneral of the United Nations to the President of the Court transmitting a letter from the President of the Security Council, which advised that letters transmitting decisions of the Pre-Trial Chambers of the Court on the situations in Darfur, Sudan and Libya had been brought to the attention of Members of the Security Council; 22. Calls upon States Parties to continue their efforts to ensure that the Security Council addresses the communications received from the Court on non-cooperation pursuant to the Rome Statute, encourages the President of the Assembly and the Bureau to continue consulting with the Security Council and also encourages both the Assembly and the Security Council to strengthen their mutual engagement on this matter; 23. Noting the orders of the Pre-Trial Chamber to the Registrar concerning action to be taken in case of information relating to travel of suspects, 6 urges States to share with the focal points on non-cooperation any information concerning potential or confirmed travel of persons against whom an arrest warrant has been issued; 24. Welcomes the finalization by the focal points on non-cooperation of the Toolkit for the implementation of the informal dimension of the Assembly procedures relating to noncooperation7 and encourages States Parties to make use of the Toolkit as they see fit in order to improve the implementation of the Assembly procedures relating to noncooperation;8

D.

Host State
25. Recognizes the importance of the relationship between the Court and the host State in accordance with the terms of the Headquarters agreement and notes with appreciation the ongoing commitment of the host State to the Court with a view to its more efficient functioning;

E.

Relationship with the United Nations
26. Recognizes the need for enhancing the institutional dialogue with the United Nations, including on Security Council referrals; 27. Also recognizes that ratification or accession to the Rome Statute by members of the United Nations Security Council enhances joint efforts to combat impunity for the most serious crimes of concern to the international community as a whole; 28. Further recognizes the Security Council's call regarding the importance of State cooperation with the Court and encourages further strengthening of the Security Council's relationship with the Court by: (a) providing effective follow up of situations referred by the Council to the Court and ongoing political support;

Orders to the Registrar concerning action to be taken in case of information relating to travel of suspects", ICC-01/04-635 (Situation in the DRC); ICC-02/04-211 (Situation in Uganda); ICC-01/05-83 (Situation in the Central African Republic); ICC-02/05-247 (Situation in Darfur); ICC-01/09-151 (situation in Kenya), PTC-I, ICC-01/11-46 (Situation in Libya); ICC-02/11-47 (Situation in Cote d'Ivoire); ICC-01/12-25 (Situation in Mali); ICC-01/13-16 (Situation regarding the registered vessels of the Comoros, Hellenic Republic and the Kingdom of Cambodia vessels); ICC-01/14-6 (Situation in the Central African Republic II); ICC-02/05-01/09-235-Corr (Al-Bashir case); ICC-02/05-01/07-71 (Harun and Kushayb case); ICC-01/11-01/11-589 (Saif al Islam case); and ICC-02/05-01/12-31 (Hussain case); ICC-02/11-01/12-73 (Simone Gbagbo case); ICC-01/04-01/12-12 (Lubanga case); ICC-02/04-01/15-222 (Ongwen case); ICC-01/09-01/13-29 (Barasa case); and ICC-01/09-01/15-6 (Gicheru and Bett case). 7 ICC-ASP/15/31, Add.1, annex II. 8 ICC-ASP/10/Res.5, annex.
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(b) enabling financial support by the United Nations for expenses incurred by the Court due to referrals of the Council; (c) continued support for the work of the Court through cooperation and assistance by peacekeeping and special political missions mandated by the Council, including by considering extending best practices with respect to the drafting of mandates of peacekeeping operations while respecting their basic principles, and increased cooperation between Sanctions Committees and the Court; (d) considering mandating peacekeeping and special political missions to contribute, where appropriate, to the strengthening of national justice systems through training, outreach and other forms of assistance; (e) enhanced engagement by the Council with Court representatives and on matters related to the Court in various formats; and (f) regard; 29. Recalls the report of the Court on the status of ongoing cooperation with the United Nations, including in the field; 9 30. Encourages all United Nations Offices, funds and programmes to strengthen their cooperation with the Court, and to collaborate effectively with the Office of Legal Affairs as focal point for cooperation between the United Nations system and the Court; 31. Commends the important work of the New York Liaison Office of the Court, reiterates its full support for the Office and stresses the importance of the continued and further strengthening of the implementation of its functions in accordance with ICC-ASP/4/6, paragraphs 2, 3 and 4; 32. Welcomes that States Parties have been informed throughout 2016 on Court-related developments at the United Nations and in particular at the Security Council, notably through regular briefings provided by the designated State Party member of the Security Council, and calls upon Bureau members and other States Parties to continue providing States Parties with information about their efforts at the United Nations and in any other international or regional fora to promote the fight against impunity; 33. Welcomes the presentation of the annual report of the Court to the General Assembly of the United Nations10 and in particular its focus on the relationship between the Court and the United Nations, also welcomes the adoption of resolution A/RES/70/264 by the General Assembly and encourages States Parties to continue their constructive engagement with United Nations Member States to further strengthen this resolution; 34. Notes with concern that, to date, expenses incurred by the Court due to referrals by the Security Council continue to be borne exclusively by States Parties, and notes that, to date, the approved budget allocated so far within the Court in relation to the referrals made by the Security Council amount to approximately 55 million; 35. Stresses that, if the United Nations is unable to provide funds for the Court to cover the expenses incurred due to referrals by the Security Council, this will, among other factors, continue to exacerbate resource pressure on the Court; 36. Urges States Parties to pursue, within the General Assembly of the United Nations, the implementation of article 115, paragraph (b), of the Rome Statute also taking into account that article 13, paragraph 1, of the Relationship Agreement between the Court and the United Nations states that the conditions under which any funds may be provided to the Court by a decision of the General Assembly shall be subject to separate arrangements; 37. Encourages the Court to further engage with the relevant Sanctions Committees of the United Nations Security Council with a view to improving their cooperation and achieving better coordination on matters pertaining to areas of mutual concern; institutionalizing Council cooperation with and support for the Court in this

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ICC-ASP/12/42. United Nations document A/71/342. 20-E-251116

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38. Notes that all cooperation received by the Court from the United Nations is provided strictly on a reimbursable basis;

F.

Relationships with other international organizations and bodies
39. Welcomes the efforts undertaken by various regional and other international organizations to support the Court in the fulfilment of its mandate; 40. Also welcomes the memorandum of understanding concluded between the Court and the Inter-American Court of Human Rights and recalls the memoranda of understanding and agreements on cooperation concluded by the Court with the European Union, the Asian-African Legal Consultative Organization, the Organization of American States, the Commonwealth, the Organisation internationale de la Francophonie and the Parliament of the MERCOSUR; 41. Emphasizes the need to pursue efforts aimed at intensifying dialogue with the African Union and to strengthen the relationship between the Court and the African Union and commits to the Court's further regular engagement in Addis Ababa with the African Union and diplomatic missions in anticipation of establishing its liaison office, recognizes the engagement of the President of the Assembly with officials of the African Union in Addis Ababa and calls upon all relevant stakeholders to support strengthening the relationship between the Court and the African Union; 42. Recalls the contribution that the International Humanitarian Fact-finding Commission, established by article 90 of the Additional Protocol I to the 1949 Geneva Convention, could make in ascertaining facts related to alleged violations of international humanitarian law and facilitating, where appropriate, the prosecution of war crimes, both at the national level and before the Court;

G.

Activities of the Court
43. Takes note of the latest report on the activities of the Court to the Assembly;11

44. Notes with satisfaction the fact that owing, not least, to the dedication of its staff, considerable progress continues to be made in the Court's activities including its preliminary examinations, investigations and judicial proceedings in various situations which either States Parties or the United Nations Security Council 12 referred to the Court or which the Prosecutor initiated proprio motu; 45. Recalls its invitation to the Court to continue to take note of best practices of other relevant international and national organizations and tribunals, including those gained by national institutions that have already investigated and prosecuted crimes that fall within the Court's jurisdiction, in solving challenges similar to those encountered by the Court, while reiterating its respect for the independence of the Court; 46. Notes with appreciation the efforts undertaken by the Office of the Prosecutor to achieve the efficiency and transparency of its preliminary examinations, investigations and prosecutions; 47. Welcomes the release of the Office of the Prosecutor's Policy Papers on Case Selection and Prioritization, and on Children, on 15 September and 16 November 2016 respectively, as well as the continued implementation of its Policy Paper on Sexual and Gender-Based Crimes and, in this regard, stresses the importance of the effective investigation and prosecution of sexual and gender-based crimes by the Court and by national courts, in order to end impunity for perpetrators of sexual violence crimes and calls upon States Parties to consider the Policy Paper to strengthen the investigation and prosecution of sexual and gender-based crimes domestically; 48. Expresses its appreciation to the Office of the Prosecutor for consulting with States Parties and other stakeholders before the issuance of its policies and strategies and welcomes the contributions made by States Parties in this regard;
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ICC-ASP/15/16. United Nations Security Council resolutions 1593 (2005) and 1970 (2011). 7

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49. Welcomes the efforts undertaken by the Court to implement the One-Court principle, and to coordinate its activities among its organs at all levels, including through the implementation of measures to increase clarity on the responsibility of different organs, while respecting the independence of the judges and the Prosecutor and the neutrality of the Registry and encourages the Court to undertake all necessary efforts to fully implement the One-Court principle, inter alia with a view to ensuring full transparency, good governance, efficient use of financial resources and sound management; 50. Notes with appreciation the continued efforts undertaken by the Registrar to mitigate the risks faced by the Court in relation to its field offices and to enhance the Court's field operations with a view to increasing their efficiency and visibility and encourages the Court to continue to optimize its field offices in order to ensure the Court's continued relevance and impact in States in which it carries out its work; 51. Welcomes the ongoing efforts undertaken by the Court to improve its use of alternative sources of information and evidence as well as its capacities to this end, including in the field of financial investigations, encourages the Court to continue these efforts and notes the importance of providing the Court with the appropriate means for this purpose; 52. Recognizes the important work done by the field-based staff of the Court in difficult and complex environments and expresses its appreciation for their dedication to the mission of the Court; 53. Welcomes the successful move of the Court to its new, purpose-built premises and notes with satisfaction the official opening of the Court's permanent premises on 19 April 2016 in the presence of high-level representatives of States Parties, international organizations and the wider international community;

H.

Elections
54. Emphasizes the importance of nominating and electing the most highly qualified judges in accordance with article 36 of the Rome Statute, and for this purpose encourages States Parties to conduct thorough and transparent processes to identify the best candidates; 55. Stresses the importance of elected judges who have made their solemn undertaking being available to take up their full-time service when the Court's workload so requires; 56. Welcomes the report of the Advisory Committee on Nominations of Judges containing a review of the experience of the Advisory Committee;13 57. Decides that the Advisory Committee on Nominations hold its sessions in The Hague or in New York, depending on the cost effectiveness of the particular venue; 58. Notes the Advisory Committee's decision to hold its sixth meeting as of 18 September 2017 in The Hague, for a period of at least six working days, in order to carry out its mandate regarding the election of six judges foreseen for the sixteenth session of the Assembly; 59. Reiterates the importance of face-to-face interviews with candidates to the effective discharge of its mandate, stresses the responsibility of the nominating States to ensure candidates attend a face-to-face interview with the Advisory Committee on Nominations and urges nominating States to foresee candidates' presence in The Hague during its sixth meeting for an interview;

I.

Secretariat of the Assembly of States Parties
60. Recognizes the important work done by the Secretariat of the Assembly of States Parties ("the Secretariat"), reiterates that the relations between the Secretariat and the different organs of the Court shall be governed by principles of cooperation and of sharing and pooling of resources and services, as set out in the annex to resolution

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Report of the Advisory Committee on Nominations of Judges on the work of its fifth meeting (ICC-ASP/15/8). 20-E-251116

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ICC-ASP/2/Res.3, and welcomes the fact that the Director of the Secretariat participates in the meetings of the Coordination Council when matters of mutual concern are considered;

J.

Counsel
61. Notes the important work of independent representative bodies of counsel or legal associations, including any international legal association relevant to rule 20, sub-rule 3, of the Rules of Procedure and Evidence; 62. Also notes the establishment of the International Criminal Court Bar Association and invites the International Criminal Court Bar Association to report to the Assembly, through the Bureau, on its constitution and activities in advance of the sixteenth session; 63. Notes the need to improve gender balance and equitable geographical representation on the list of counsel, and thus continues to encourage applications to the list of counsel established as required under rule 21(2) of the Rules of Procedure and Evidence with a particular view to ensuring equitable geographical representation and gender balance, as well as legal expertise on specific issues such as violence against women or children, as appropriate;

K.

Legal aid
64. Acknowledges the Court's efforts to continue implementing the legal aid remuneration policy and stresses the need for continuous monitoring of the efficiency of the legal aid system to uphold and strengthen the principles of the legal aid system, namely fair trial, objectivity, transparency, economy, continuity and flexibility; 14

L.

Study Group on Governance
65. Welcomes the continued structured dialogue between States Parties and the Court with a view to strengthening the institutional framework of the Rome Statute system and enhancing the efficiency and effectiveness of the Court while fully preserving its judicial independence; 66. Takes note of the Bureau's report on the Study Group of Governance; 15

67. Extends for another year the mandate of the Study Group, provided in resolution ICC-ASP/9/Res.2 and extended in resolutions ICC-ASP/10/Res.5, ICC-ASP/11/Res.8, ICC-ASP/12/Res.8, ICC-ASP/13/Res.5 and ICC-ASP/14/Res.4; 68. Welcomes the issuance of the Chambers Practice Manual and encourages the judges to continue their work on practice issue in 2017; 69. Calls upon States Parties to continue considering amendment proposals by the Working Group on Lessons Learnt; 70. Welcomes the discussions held regarding the recommendation in paragraph 44 of the report of the Committee on Budget and Finance on the work of its twenty-third session as to the introduction of a financial envelope; 16 71. Notes that thorough consideration was given to the analysis of all methodological elements provided thereon and also notes that, given the methodological elements available, the establishment of a financial envelope may likely have a resource driven approach; 72. Acknowledges that, at the present stage, the mandate of the Study Group with regards to the consideration of the feasibility of establishment of a financial envelope, in the context of the review of the governance and budgetary process, has been fulfilled;

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73. Welcomes the work of the Court and the substantial results achieved to identify qualitative and quantitative indicators that would allow the Court to demonstrate better its achievements and needs, while allowing States Parties to assess the Court's performance in a more strategic manner; 74. Also welcomes the constructive dialogue between States Parties, the Court and members of civil society held in the plenary discussion on efficiency and effectiveness of Court proceedings during the fifteenth session of the Assembly which focused on the topic of performance indicators for the International Criminal Court;

M.

Proceedings of the Court
75. Emphasizes that the effectiveness of proceedings of the Court is essential to the rights of victims and those of the accused, the credibility and authority of the institution and the promotion of the universality of the Statute, as well as the best possible use of the Court's resources; 76. Welcomes the Court's efforts to enhance the efficiency and effectiveness of proceedings, as well as the efforts on the part of States Parties and civil society in this regard, mindful of the importance of continued dialogue on this matter and noting the shared responsibility of the Court and States Parties in this regard;

N.

Working methods review
77. Recognizes the benefits of rationalizing the working methods of the subsidiary bodies of the Bureau and the Assembly in order to cope with an increasing workload; 78. Welcomes the steps already undertaken by the Bureau for the improvement of the working methods; 79. Decides to further improve the working methods of the Bureau and the governance of the Assembly, and to that effect: (a) adopts the revised general roadmap for facilitations contained in annex II of the present resolution and stresses the need for its full implementation; (b) Hague; welcomes the holding of Bureau meetings both in New York and in The

(c) acknowledges the importance of ensuring that the agenda of the Assembly allows sufficient time for substantive discussions; (d) recognizes the importance of exchange of information as well as mutual consultations between the New York Working Group and The Hague Working Group on matters of joint concern with a view to enhancing efficiency while avoiding duplication of efforts; and (e) encourages all States Parties to use the Extranet designed for the work of the subsidiary bodies of the Bureau and the Assembly containing all necessary documentation on the work in progress; and (f) also encourages States Parties to deliver statements no longer than five minutes and to submit written statements instead of oral ones; 80. Recognizes the importance of the work carried out by the facilitators and the focal points; 81. Recalling the representative geographical character of the Bureau, encourages Bureau members to strengthen their communication with States Parties of their respective regional group to inform the discussion of the Bureau, including by establishing appropriate mechanisms for providing regular updates on the work of the Bureau;

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O.

Strategic planning
82. Notes that the Court's and the Office of the Prosecutor's strategic plans are dynamic and updated on a regular basis; 83. Welcomes the initiatives undertaken to celebrate 17 July as Day of International Criminal Justice17 and recommends that, on the basis of lessons learnt, all relevant stakeholders, together with the Court, continue to engage in preparation of appropriate activities; 84. Takes note of the update of the Court's Strategic Plan for 2013-2017 and welcomes its intention to prepare a new one for 2018-2020, as appropriate, including budget assumptions on an annual basis, and to inform the Bureau thereon with a view to further strengthening the budgetary process; 85. Also welcomes the initiatives undertaken during the Retreat held at GlionSwitzerland to support the work of the Court and discuss an updated version of performance indicators for the Court's activities; 86. Further welcomes the presentation by the Office of the Prosecutor of its Case Selection and Prioritisation Policy Paper; 87. Takes note of the presentation by the Office of the Registrar of the Comprehensive Report on the Reorganization of the Registry of the International Criminal Court; 18 88. Reiterates the importance of strengthening the relationship and coherence between the strategic planning process and the budgetary process, which is crucial for the credibility and sustainability of the longer-term strategic approach;

P.

Victims and affected communities, reparations and Trust Fund for Victims
89. Refers to its resolution ICC-ASP/13/Res.4 on victims and affected communities, reparations and Trust Fund for Victims; 90. Reiterates that victims' right to present and have considered their views and concerns at stages of the proceedings determined to be appropriate by the Court where their personal interests are affected and to protection of their safety, physical and psychological well-being, dignity and privacy, under article 68 of the Rome Statute, as well as access to relevant information are essential components of justice and, in this regard, emphasizes the importance of effective outreach to victims and affected communities in order to give effect to the mandate of the Court; 91. Stresses the central importance that the Rome Statute accords to the rights and needs of victims, in particular their right to participate in judicial proceedings and to claim reparations, and emphasizes the importance of informing and involving victims and affected communities in order to give effect to the unique mandate of the Court towards victims; 92. Acknowledges the importance of protective measures for victims and witnesses for the execution of the Court's mandate, stresses the need for States to conclude agreements with the Court in order to facilitate expeditious international relocation of persons at risk, welcomes the relocation agreements with the Court concluded in 2016, urges all States to consider making such relocation agreements and encourages all States to contribute to the Special Fund for Relocations; 93. Stresses that, since the identification, tracing and freezing or seizure of any assets of the convicted person are indispensable for reparations, it is of paramount importance that all necessary measures are taken to that end, in order for relevant States and relevant entities to provide timely and effective assistance pursuant to articles 75, 93, paragraph 1(k), and 109 of the Rome Statute, and calls upon States Parties to enter into voluntary agreements, arrangements or any other means to this end with the Court, as required;
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Official Records ... Review Conference ... 2010 (RC/11), part II.B, Kampala Declaration (RC/Decl.1), para. 12. https://www.icc-cpi.int/itemsDocuments/ICC-Registry-CR.pdf. 11

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94. Renews its appreciation to the Board of Directors and the Secretariat of the Trust Fund for Victims for their continuing commitment towards victims; 95. Calls upon States, international and inter-governmental organizations, individuals, corporations and other entities to contribute voluntarily to the Trust Fund for Victims also in view of possible reparations, in order to substantively increase the volume of the Trust Fund for Victims, broaden the resource base and improve the predictability of funding, and renews its appreciation to those that have done so;

Q.

Recruitment of staff
96. Takes note of the Court's report on human resources, 19 and encourages the Court to strengthen its efforts, in the recruitment of staff, to seek equitable geographical representation and gender balance and the highest standards of efficiency, competency and integrity, as well as to seek expertise on specific issues, including, but not limited to, trauma-related psycho-social needs and violence against women or children, and encourages further progress in this regard; 97. Stresses the importance of the dialogue between the Court and the Bureau with regard to ensuring equitable geographical representation and gender balance in the recruitment of staff members, and welcomes the report of the Bureau and its recommendations; 20 98. Urges States Parties to undertake efforts to identify and generate pools of qualified potential applicants to the Court's professional positions from States Parties from underrepresented regions, including through the financing by the Assembly of the Court's internship and visiting professional, and by States of Junior Professional Officer (JPO) programmes, and through the dissemination among relevant national institutions and organizations of the Court's vacancies;

R.

Complementarity
99. Recalls the primary responsibility of States to investigate and prosecute the most serious crimes of international concern and that, to this end, appropriate measures need to be adopted at the national level, and international cooperation and judicial assistance need to be strengthened, in order to ensure that national legal systems are willing and able genuinely to carry out investigations and prosecutions of such crimes; 100. Resolves to continue and strengthen, within the appropriate fora, effective domestic implementation of the Rome Statute, to enhance the capacity of national jurisdictions to prosecute the perpetrators of the most serious crimes of international concern in accordance with internationally recognized fair trial standards, pursuant to the principle of complementarity; 101. Welcomes the international community's engagement in strengthening the capacity of domestic jurisdictions and inter-State cooperation to enable States to genuinely prosecute Rome Statute crimes; 102. Also welcomes efforts by the United Nations, international and regional organizations, States and civil society in mainstreaming capacity-building activities aimed at strengthening national jurisdictions with regard to investigating and prosecuting Rome Statute crimes into existing and new technical assistance programmes and instruments, and strongly encourages additional efforts in this regard by other international and regional organizations, States and civil society; 103. Welcomes, in this regard, the adoption of the 2030 Agenda for Sustainable Development21 and acknowledges the important work being undertaken with regard to promoting the rule of law at the national and international levels and ensuring equal access to justice for all;

19 20

ICC-ASP/15/5, annex II. ICC-ASP/15/32. 21 United Nations General Assembly resolution 70/1. 12 20-E-251116

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104. Stresses that the proper functioning of the principle of complementarity entails that States incorporate the crimes set out in articles 6, 7 and 8 of the Rome Statute as punishable offences under their national laws, to establish jurisdiction for these crimes and to ensure effective enforcement of those laws, and urges States to do so; 105. Welcomes the report of the Bureau on complementarity;22

106. Also welcomes the information by the Secretariat on the progress in giving effect to its mandate to facilitate the exchange of information between the Court, States Parties and other stakeholders, including international organizations and civil society, aimed at strengthening domestic jurisdictions, and further welcomes the work that has already been undertaken by the Secretariat and the President of the Assembly; 107. Further welcomes the efforts made by the international community and national authorities, including national capacity building activities to investigate and prosecute sexual and gender-based crimes that may amount to Rome Statute crimes, in particular the continued efforts on the strategic actions to ensure access to justice and to enhance empowerment of victims at national level, recalling the recommendations presented by the International Development Law Organization during the fourteenth session of the Assembly;23 108. Encourages the Court to continue its efforts in the field of complementarity, including through exchange of information between the Court and other relevant actors, while recalling the Court's limited role in strengthening national jurisdictions and also encourages continued inter-State cooperation, including on engaging international, regional and national actors in the justice sector, as well as civil society, in exchange of information and practices on strategic and sustainable efforts to strengthen national capacity to investigate and prosecute Rome Statute crimes and the strengthening of access to justice for victims of such crimes, including through international development assistance;

S.

Independent Oversight Mechanism
109. Notes that the Independent Oversight Mechanism expects to be fully staffed by the end of 2016 and that it is now fully operational in respect of its investigation and inspection functions, with its evaluation function to also become fully operational during 2017; 110. Welcomes that the Independent Oversight Mechanism has worked closely with the Court to ensure the effective functioning of the Court's reporting and protection from retaliation policies; 111. Recalls the recommendation made by the Bureau at its fifth meeting in 2016 that the work and operational mandate of the Independent Oversight Mechanism be fully reviewed by the Assembly at its seventeenth session; 112. Notes that the Head of the Independent Oversight Mechanism will report to the Bureau during 2017 on interim working procedures concerning areas where the current Independent Oversight Mechanism mandate might conflict with the Court's Rules of Procedure and Evidence, on specific administrative procedures for the handling of reports received against Heads of Organs and on administrative procedures for the communication of Assembly requests for inspection and evaluation work by the Independent Oversight Mechanism and that all such interim procedures will be incorporated into the full review process for the consideration of the Assembly at its seventeenth session; 113. Reaffirms the critical importance of the Independent Oversight Mechanism in carrying out its work in an independent, transparent and impartial manner free from any undue influence;

22 23

ICC-ASP/15/22. International Development Law Organization paper entitled "Complementarity for sexual and gender-based atrocity crimes", November 2015. 20-E-251116 13

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T.

Programme budget
114. Takes note of the important work done by the Committee on Budget and Finance, and reaffirms the independence of the members of the Committee; 115. Recalls that, according to its Rules of Procedure,24 the Committee on Budget and Finance shall be responsible for the technical examination of any document submitted to the Assembly that contains financial or budgetary implications and emphasizes the importance of ensuring that the Committee is represented at all stages of the deliberations of the Assembly at which documents that contain financial or budgetary implications are considered; 116. Takes note with concern of the report of the Bureau on the arrears of States Parties;25

117. Emphasizes the importance of endowing the Court with the necessary financial resources, and urges all States Parties to the Rome Statute to transfer their assessed contributions in full and by the deadline for contributions or, in the event of pre-existing arrears, immediately, in accordance with article 115 of the Rome Statute, rule 105.1 of the Financial Regulations and Rules, and other relevant decisions taken by the Assembly; 118. Calls upon States, international organizations, individuals, corporations and other entities to contribute voluntarily to the Court, and expresses its appreciation to those that have done so;

U.

Review Conference
119. Recalls that at the successful first Review Conference of the Rome Statute, held in Kampala, Uganda, from 31 May to 11 June 2010, States Parties adopted amendments to the Rome Statute, in accordance with article 5, paragraph 2, of the Rome Statute to define the crime of aggression and to establish conditions under which the Court could exercise jurisdiction with respect to that crime26 and adopted amendments to the Rome Statute to expand the jurisdiction of the Court to three additional war crimes when committed in armed conflicts not of an international character;27 120. Notes that those amendments are subject to ratification or acceptance and shall enter into force in accordance with article 121, paragraph 5, of the Rome Statute and notes with appreciation the recent ratifications of the amendments and also notes that one State Party has lodged a declaration in accordance with article 15 bis, paragraph 4, of the Rome Statute; 121. Welcomes the fact that more than 30 States Parties have deposited their instruments of ratification of the amendments on the crime of aggression, enabling the Assembly to take a decision to activate the Court's jurisdiction over the crime of aggression in 2017; 122. Calls upon all States Parties to consider ratifying or accepting these amendments and resolves to activate the Court's jurisdiction over the crime of aggression as early as possible, subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Rome Statute; 123. Recalls the discussions on the issue of peace and justice at the stock-taking exercise held at the Review Conference and notes the interest to resume the discussions on this issue; 124. Recalls with appreciation pledges of increased assistance to the Court made by thirty-five States Parties, one observer State, and one regional organization, calls upon these States and the regional organization to ensure the swift implementation of these pledges and also calls upon States and regional organizations to submit additional pledges and to report further at the sixteenth session of the Assembly, in written form or through their statement at the general debate on the implementation thereof;

Official Records ... Second session ... 2003 (ICC-ASP/2/10), annex III. ICC-ASP/15/28. 26 Official Records ... Review Conference ... 2010 (RC/11), part II, RC/Res.6. 27 Ibid., RC/Res.5.
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V.

Consideration of amendments
125. 126. Welcomes the report of the Working Group on Amendments;28 Calls upon all States Parties to ratify or accept the amendment to article 124;

W.

Participation in the Assembly of States Parties
127. Calls upon States, international organizations, individuals, corporations and other entities to contribute in a timely manner and voluntarily to the Trust Fund to allow the participation of least developed countries and other developing States in the annual session of the Assembly and expresses its appreciation to those that have done so; 128. Encourages the continuation of efforts undertaken by the President of the Assembly to hold an ongoing dialogue with all stakeholders, including regional organizations and calls upon all States Parties to support the President in his undertakings aimed at strengthening the Court, the independence of proceedings and the Rome Statute system as a whole; 129. Decides to entrust the Court, the President of the Assembly, the Bureau, the Advisory Committee on Nominations, the Working Group on Amendments, the focal points on non-cooperation, the Independent Oversight Mechanism and the Secretariat, as appropriate, with the mandates contained in annex I to the present resolution.

28

ICC-ASP/15/24, Add.1 and Add.2. 15

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Annex I Mandates of the Assembly of States Parties for the intersessional period
1. With regard to universality of the Rome Statute, (a) endorses the recommendations of the report of the Bureau on the Plan of action for achieving universality and full implementation of the Rome Statute; 1 (b) requests the Bureau continue to monitor the implementation of the Plan of action for achieving universality and full implementation of the Rome Statute and to report thereon to the Assembly at its sixteenth session; and (c) decides to include a specific item on the 20th anniversary on the agenda of the sixteenth session of the Assembly; 2. With regard to the Agreement on Privileges and Immunities, requests the Bureau to continue to support the ratification of the Agreement; 3. With regard to cooperation,

(a) urges the Bureau to continue consideration of the recommendations of the draft Action Plan on Arrest Strategies 2 with a view to its adoption, and to report thereon to the sixteenth session of the Assembly; (b) requests the Bureau, through its Working Groups, to continue the discussions on voluntary framework agreements or arrangements and to report thereon to the Assembly at its sixteenth session; (c) bearing in mind the obligation of States Parties to fully cooperate with the Court, requests the open-ended working group of the Bureau on the implementation of article 97 of the Rome Statute to continue exploring all possible means to improve the application of article 97 of the Rome Statute, in particular regarding problems identified under subparagraph c), in close consultation with the Court, and also requests the openended working group to report on this issue with recommendations to the sixteenth session of the Assembly; (d) invites the Bureau, through its Working Groups, to discuss the feasibility of establishing a coordinating mechanism of national authorities, taking into consideration the study in annex II of the report of the Bureau on cooperation to the thirteenth session 3 and to report to the Assembly well in advance of the sixteenth session; (e) invites the Court to continue improving its practice in transmitting specific, complete and timely requests for cooperation and assistance, including by considering consultations with the State Party concerned when necessary; (f) requests the Bureau, through its Working Groups, to continue its review of the implementation of the 66 recommendations on cooperation adopted by States Parties in 2007,4 in close cooperation with the Court, where appropriate; (g) encourages the Bureau to identify issues for the Assembly to continue holding plenary discussions on specific topics related to cooperation, including on the issue of financial investigations; (h) requests the Bureau to maintain a facilitation of the Assembly for cooperation to consult with States Parties, the Court, other interested States, relevant organizations and non-governmental organizations in order to further strengthen cooperation with the Court;

1 2

ICC-ASP/15/19. ICC-ASP/14/26/Add.1, annex IV, appendix. 3 ICC-ASP/13/29. 4 ICC-ASP/6/Res.2, annex II. 16 20-E-251116

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(i) requests the Court to submit an updated report on cooperation to the Assembly at its sixteenth session and annually thereafter; (j) requests the President of the Assembly to continue to engage actively and constructively with all relevant stakeholders, in accordance with the Assembly procedures relating to non-cooperation, both to prevent instances of non-cooperation and to follow up on a matter of non-cooperation referred by the Court to the Assembly; (k) requests that any information concerning potential or confirmed travel of persons against whom an arrest warrant has been issued be promptly shared with the Court by the focal points on non-cooperation; (l) requests the Bureau to continue to actively engage throughout the intersessional period with all relevant stakeholders to continue to ensure effective implementation of the Assembly procedures relating to non-cooperation and to submit a report on its activities to the Assembly at its sixteenth session; and (m) also requests the Bureau, through focal points on non-cooperation, to engage with all relevant stakeholders to conduct a review of the Assembly procedures relating to non-cooperation, with a view to recommending any necessary additions or amendments; 4. With regard to the relationship with the United Nations,

(a) invites the Court to continue its institutional dialogue with the United Nations, based on the Relationship Agreement between the United Nations and the International Criminal Court; and (b) requests the Registry to update its report on the approximate costs allocated so far within the Court in relation to referrals by the Security Council 5 ahead of the sixteenth session of the Assembly; 5. With regard to relationships with other international organizations and bodies, invites the Court to include in its annual report to the United Nations General Assembly a section on the status and implementation of specific agreements on cooperation with other international organizations; 6. With regard to elections,

(a) decides to continue to review the procedure for the nomination and election of judges as set forth in resolution ICC-ASP/3/Res.6, as amended, on the occasion of future elections after the sixteenth session with a view to making any improvements as may be necessary, taking into account the work conducted so far as reflected in the facilitator's discussion paper;6 (b) requests the Bureau to update the Assembly, at its seventeenth session, on the progress of the review of the procedure for the nomination and election of judges; 7 (c) also requests the Bureau to ensure that elections of judges and other Court officials at regular sessions do not disrupt work under other agenda items, notably in light of recent experience at the thirteenth session; (d) requests the Advisory Committee to report on its work to the sixteenth session of the Assembly; and (e) requests the Registrar to establish a trust fund under the authority of the Secretariat to finance the travel of candidates from least developed countries to the venue of the interviews and calls upon States, international organizations, individuals, corporations and other entities to contribute voluntarily to the fund; 7. With regard to the Secretariat, requests the latter to report on its current establishment and the functions of each post, including by publishing a regularly updated staff directory;

5 6

ICC-ASP/15/30. Report to the Bureau on the review of the procedure for the nomination and election of judges (ICC-ASP/15/23), annex I. 7 Official Records ... Third session ... 2004 (ICC-ASP/3/25), part III, ICC-ASP/3/Res.6. 20-E-251116 17

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8. With regard to Legal Aid, requests the Court to reassess the functioning of the legal aid system and to present, as appropriate, proposals for adjustments to the legal aid remuneration policy for the consideration of the Assembly at its sixteenth session; 9. With regard to the Study Group on Governance,

(a) invites the Court to further engage in a structured dialogue with States Parties with a view to strengthening the institutional framework of the Rome Statute system and enhancing the efficiency and effectiveness of the Court while fully preserving its judicial independence; (b) requests the Study Group to report back to its sixteenth session;

(c) invites the Court to continue to share with the Study Group on Governance any update on the development of qualitative and quantitative indicators; (d) also invites the Court to monitor the use of intermediaries through its Working Group on Intermediaries with a view to safeguarding the integrity of the judicial process and the rights of the accused; and (e) requests the Court to inform States Parties, when appropriate, about important developments pertaining to the use of intermediaries, which might require the Court to amend the Guidelines; 10. With regard to proceedings of the Court,

(a) invites the Court to intensify its efforts to enhance the efficiency and effectiveness of proceedings including by adopting further changes of practice; and (b) encourages the Bureau, including through the two Working Groups and the Study Group on Governance, to continue to support the Court's efforts to enhance the efficiency and effectiveness of proceedings; 11. With regard to the working methods review,

(a) decides that its annual session shall have a duration of seven working days with a possible extension of up to two additional days in election years, as required, and to focus, in such cases, the first two days on the elections of judges; (b) also decides that its annual sessions shall include one or two plenary segments on specific agenda items; (c) invites the facilitators and focal points, when appropriate, to present their work to the Assembly; (d) also invites the facilitators and focal points to commit themselves for a period of up to three years considering the particularities and the complexity of each mandate and to submit, in addition to their regular reports, a final written report to the Assembly at the end of their mandate, including lessons learnt; (e) invites the Bureau to implement the recommendations of the 2013 working methods report,8 (f) requests the Bureau to establish facilitations only if the mandate requires open-ended consultations, and the matter cannot be addressed by a less resource-intensive mechanism, such as a rapporteur or a focal point;9 (g) invites the Bureau to use existing technologies such as video-conferencing in order to ensure participation of members of the Bureau not represented at the venue of the Bureau meeting; and (h) requests the Bureau to continue conducting evaluations of the established mandates and, where appropriate, consider the inclusion of end-dates and that it prepare recommendations on the reduction of the number and length of reports; 12.
8 9

With regard to strategic planning,

ICC-ASP/12/59. As outlined, e.g., in paras. 21(a) and 23(b) of the Report on the Evaluation and rationalization of the working methods of the subsidiary bodies of the Bureau (ICC-ASP/12/59). 18 20-E-251116

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(a) recommends that the Bureau, given the existence of numerous topic overlaps amongst facilitation groups, take action in order to optimize or subsume tasks, including complementary assessments by installed audit capacities as well as those by the Independent Oversight Mechanism in accordance with its mandate;10 (b) recalls its invitation to the Court to hold annual consultations with the Bureau in the first trimester on the implementation of its strategic plans during the previous calendar year, with a view to improving performance indicators; (c) also recalls its invitation to the Office of the Prosecutor to inform the Bureau on the implementation of its Strategic Plan for 2016-2018; and (d) requests the Bureau to continue to engage in a dialogue with the Court on the development of a comprehensive risk-management strategy and to report thereon to the sixteenth session of the Assembly; 13. With regard to Victims and affected communities, reparations and Trust Fund for Victims, (a) requests the Court to continue to establish principles relating to reparations in accordance with article 75, paragraph 1, of the Rome Statute as a priority in the context of its judicial proceedings; (b) encourages the Board of Directors and the Secretariat of the Trust Fund for Victims to continue to strengthen its ongoing dialogue with the organs of the Court, States Parties and the wider international community, including donors as well as nongovernmental organizations, who all contribute to the valuable work of the Trust Fund for Victims, so as to ensure increased strategic and operational visibility and to maximize its impact and ensure the continuity and sustainability of the Fund's interventions; (c) requests the Court and the Trust Fund for Victims to continue developing a strong collaborative partnership, mindful of each other's roles and responsibilities, to implement Court-ordered reparations; (d) decides to continue to monitor the implementation of the rights of victims under the Rome Statute, with a view to ensuring that the exercise of these rights is fully realized and that the continued positive impact of the Rome Statute system on victims and affected communities is sustainable; (e) mandates the Bureau to continue considering victims-related issues as necessary or as they arise, having recourse to any appropriate process or mechanism; and (f) requests the Court to make available to the Assembly appropriate statistics in relation to victims admitted to participate in proceedings before the Court when these are publicly submitted to the respective Chambers in the context of the judicial proceedings; such statistics may include, as appropriate, information on gender, criminal offense and situation, among other pertinent criteria as determined by the relevant Chamber; 14. With regard to recruitment of staff,

(a) endorses the recommendations of the Committee on Budget and Finance in relation to geographical representation and gender balance contained in the reports of its twenty-sixth and twenty-seventh sessions;11 (b) requests the Court to submit a comprehensive report on human resources to the Assembly at its sixteenth session, which would include an update on the implementation of the recommendations on the topic which would be made by the Committee on Budget and Finance in 2017; (c) requests the Bureau to continue to engage with the Court to identify ways to improve equitable geographical representation and increase the recruitment and retention of women in higher level professional posts, without prejudice to any future discussions on the
10

ICC-ASP/12/Res.6, annex, para. 16. Evaluation: The IOM shall provide evaluations of any programme, project or policy as requested by the Assembly or the Bureau. Evaluation is defined as a judgement made of the relevance, appropriateness, effectiveness, efficiency, impact and sustainability of a project or programme, based on agreed criteria and benchmarks. 11 Official Records...Fifteenth session ...2016 (ICC-ASP/15/20), vol.II, parts B.1 and B.2. 20-E-251116 19

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suitability, or otherwise, of the current model, as well as to remain seized of the issue of geographical representation and gender balance, and to report thereon to the sixteenth session of the Assembly; and (d) urges the Registry to seize the opportunity of the outstanding and future recruitment processes to implement measures that would contribute to the efforts of meeting the desirable ranges of geographical representation and gender balance; 15. With regard to complementarity,

(a) requests the Bureau to remain seized of this issue and to continue the dialogue with the Court and other stakeholders on complementarity, including on complementarity related capacity-building activities by the international community to assist national jurisdictions, on possible situation-specific completion strategies of the Court and the role of partnerships with national authorities and other actors in this regard, and also including to assist on issues such as witness and victims protection and sexual and gender-based crimes; and (b) requests the Secretariat to, within existing resources, continue to develop its efforts in facilitating the exchange of information between the Court, States Parties and other stakeholders, including international organizations and civil society, aimed at strengthening domestic jurisdictions, and to report to the sixteenth session of the Assembly on further progress in this regard; 16. With regard to the Independent Oversight Mechanism,

(a) invites the Head of the Independent Oversight Mechanism to submit a report to the Bureau during 2017 on interim working procedures concerning, inter alia, areas where the current Independent Oversight Mechanism mandate might conflict with the Court's Rules of Procedure and Evidence; and (b) decides that the Assembly will fully review the work and the operational mandate of the Independent Oversight Mechanism at its seventeenth session; 17. With regard to the programme budget,

(a) requests the Secretariat, together with the Committee on Budget and Finance, to continue to make the necessary arrangements to ensure that the Committee is represented at all stages of the deliberations of the Assembly at which documents that contain financial or budgetary implications are considered; (b) decides that the Bureau, through the President of the Assembly, the coordinator of the Working Group and the facilitator, should continue to monitor the status of payments received throughout the financial year of the Court and consider additional measures to promote payments by all States Parties, as appropriate, continue to engage in dialogue with States Parties that have outstanding contributions or are in arrears, and report thereon to the Assembly at its sixteenth session; and (c) requests the Secretariat to inform States Parties periodically of States that have recovered their voting rights following payment of their arrears; 18. With regard to the Review Conference, (a) requests the Secretariat to make publicly available on the Court's website information provided by States and regional organizations on the pledges of increased assistance to the Court made in Kampala; and (b) decides to establish a facilitation, based in New York, open only to States Parties, to discuss activation of the Court's jurisdiction over the crime of aggression, in accordance with the resolution RC/RES.6, which will make every effort to reach consensus and will submit a written report directly to the Assembly ahead of its sixteenth session; 19. With regard to consideration of amendments,

(a) invites the Working Group on Amendments to continue its consideration of all amendment proposals, in accordance with the Terms of Reference of the Working Group; and

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(b) requests the Working Group to submit a report for the consideration of the Assembly at its sixteenth session; 20. With regard to participation in the Assembly of States Parties,

(a) decides that the Committee on Budget and Finance shall hold its twentyeighth session from 1 to 5 May 2017 and its twenty-ninth session from 18 to 29 September 2017; and (b) also decides that the Assembly shall hold its sixteenth session in New York from 4 to 14 December 2017, and its seventeenth session in The Hague.

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Annex II General Roadmap for facilitations1
Date Towards the end of an Assembly session By end of February Body Bureau Agenda Allocate items entrusted to the Bureau for the coming year between The Hague and New York Working Groups Consideration of renewal of mandates and decision on appropriate process or mechanism (facilitation, rapporteur or other), based on evaluation previously conducted by the Coordinators of the Working Groups Appointment of facilitators, focal points, rapporteurs and/or others, if necessary Submission by each facilitator and/or focal point of a program of work to the Coordinator of their Working Group, containing a timeline including a set of goals to be achieved until the commencement of the Assembly session, as well as, if possible, scheduled meetings Submission of draft reports and resolutions by facilitators and focal points Adoption of draft reports and resolutions Adoption of draft reports and resolution Date

Bureau

By end of March

HWG, NYWG

Four weeks HWG, ahead of the ASP NYWG Four weeks HWG, ahead of the ASP NYWG Three weeks Bureau ahead of the ASP

Three weeks ASP Dissemination of official documentation for the ASP ahead of the ASP Secretariat ASP Consideration of draft reports and resolutions

____________

1

The above indicative roadmap applies equally to the Study Group on Governance (SGG), whereas within that framework, a special timeline applies for Cluster I of the Study Group. In accordance with past practice and specific circumstances governing the omnibus and the budget facilitations, as well as the Working Group on Amendments (WGA), those topics shall be discussed in accordance with a separate roadmap, which would be established by the respective facilitator on a yearly basis. 22 20-E-251116