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INTERNATIONAL LAW AND JUSTICE | ASP, September 2004    
ASSEMBLY OF STATES PARTIES
September 6-10, 2004

The third Assembly of States Parties (ASP) meeting took place from 6-10 September in The Hague in the Netherlands.  It was the first meeting of the ASP in the ICC's host city.  It was also the first ASP session since the Prosecutor began his first investigations, the first to test the Court’s full budget process, and the first effort of the ASP to organize itself for the full range of its responsibilities and purposes.

At least 78 of the 94 states parties attended the meeting, and they were joined by 25 non-states parties attending as observers -- including Japan, Israel, China, Russia and India.  Several of these countries made significant interventions in the meeting, particularly in the budget discussions.

During the first morning,  the Dutch Foreign Minister greeted the delegates with a ceremonial speech in which he made special note of the position of the United States. He said that he regrets that the current position of the U.S., but stressed that it important that states recognize that the U.S. made incredible contributions to the process of the creation of the ICC. He said, nevertheless, the states parties must continue to defend the integrity of the statute, a reference to the U.S. bilateral immunity campaign.

The institution is moving ahead, becoming self-sufficient, and advancing rapidly on the judicial work of the Court. During his opening comments to the Assembly, Prosecutor Luis Moreno Ocampo announced his expectations for work next year. He announced that the Office of the Prosecutor (OTP) is currently looking at 6 situations on 4 continents, two of which as we know are Uganda and DRC in the investigation phase. Next year, they expect to have one situation with one trial, a second with up to three trials, and a third moving toward the investigation phase. The other four situations that are in the analysis phase currently are still confidential.
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Significant decisions:

Deputy Prosecutor: The Assembly overwhelming elected as the second deputy prosecutor Ms. Fatou Bensouda of the Gambia. Ms. Bensouda has most recently been a senior legal advisor and trial attorney at the International Criminal Tribunal for Rwanda, where she supervised sensitive investigations and prepared indictments. Previously, she served as Attorney General and Secretary of State of The Gambia. She has extensive specialized experience in sexual violence and women’s rights, and participated as a delegate in the ICC preparatory commissions.
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President of the ASP:  The Assembly elected His Excellency Ambassador Bruno Stagno Ugarte of Costa Rica as the next Assembly President. Ambassador Stagno, who will take over from the current ASP President H.R.H Prince Zeid Ra’ad Zeid Al-Hussein of Jordan, will begin his three-year term at the next Assembly in November 2005.
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UN-ICC Relationship Agreement:  The Assembly approved the draft relationship agreement between the United Nations and the ICC.  This agreement was provisionally approved by the UN General Assembly on September 13.  The General Assembly was informed that no additional appropriation would be required in view that all expenses relating to the services, facilities, cooperation and any other support provided by the United Nations to the Court would be on a reimbursable basis.
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Budget:  The Assembly approved a budget o €66,784,200 for the Court’s expenses, approximately $84 million.  Also approved was a contingency fund in the amount of €10,000,000. With these resources the Court can meet costs associated with an unforeseen situation following a decision by the Prosecutor; unavoidable expenses for developments in existing situations that could not be foreseen or could not be accurately estimated at the time of the adoption of the budget; or costs associated with an unforeseen meeting of the ASP.
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Last Updated 06/09/2005

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