IBA Urges State Support for ICC at 24th Assembly

IBAHRI

The International Bar Association (IBA) International Criminal Court and International Criminal Law Programme (IBA ICC & ICL Programme), based in The Hague, has urged States Parties to translate political commitments into concrete action to safeguard the effectiveness and independence of the International Criminal Court (ICC), following the conclusion of the Twenty-fourth session of the Assembly of States Parties (24th ASP) to the Rome Statute .

The ASP, the ICC's annual governing meeting, was held from 1-5 December 2025 in The Hague, the Netherlands. The IBA was represented throughout the session by Dr Mark Ellis, IBA Executive Director, and Kate Orlovsky, Director of the IBA ICC & ICL Programme.

Ahead of the 24th ASP session, the IBA ICC & ICL Programme published a briefing paper outlining the Programme's priorities and recommendations to States Parties, including the need to strengthen political support for the Court, enhance state cooperation - particularly in terms of arrests and surrenders - and ensure the protection of fair trials.

Dr Ellis stated: 'At a time when the International Criminal Court is operating under extraordinary pressure, including the imposition of sanctions against its judges and officials, strong and visible support from States Parties is indispensable. During the Assembly, many States reaffirmed their commitment to the Court and to the victims it serves. The credibility of the international justice system now depends on whether those commitments are matched by meaningful cooperation, resources and political resolve.'

Ms Orlovsky stated: 'When States Parties fail to meet their legal obligations to arrest and surrender suspects to the Court, justice is delayed or denied altogether for victims of the gravest international crimes. This is not inevitable - there are constructive ways that individual States Parties and the Assembly as a body can strengthen state cooperation with the ICC and ensure that arrest warrants are enforced.'

Side events on accountability and cooperation

On 1 December 2025, the IBA organised a side event titled 'Accountability for the Crime of Aggression against Ukraine' , co-hosted by Costa Rica, Latvia, Lithuania, the Netherlands, Ukraine and the United Kingdom and moderated by Ms Orlovsky. The discussion focused on the operationalisation of the Special Tribunal for the Crime of Aggression against Ukraine as well as the prospects for amending the ICC's jurisdiction over the crime of aggression.

Addressing the event, Dr Ellis underscored the importance of the Special Tribunal as a pathway to accountability for victims of aggression and called on States to formally join and support the Special Tribunal. The panel featured senior government representatives and leading experts in international criminal law, including officials from Latvia, Lithuania, the Netherlands and Ukraine, as well as Professor Claus Kreß, Special Adviser to the ICC Prosecutor on the Crime of Aggression.

On 3 December 2025, the IBA also co-hosted a second side event, 'Arresting suspects of international crimes - States Parties legal obligations to cooperate and civil society contributions,' together with Belgium, Chile, Finland, France, Germany, Ireland, Senegal, South Africa, Vanuatu and a number of civil society partners.

The event, opened by Ms Orlovsky, brought together diplomatic, judicial and civil society perspectives, with speakers including the President of the ASP, ambassadors from Senegal and Germany and Judge Sergio Gerardo Ugalde Godínez, President, ICC Pre-Trial Division.

During the side event, the IBA ICC & ICL Programme launched its latest report Pursuing the Arrest and Surrender of Suspects at Large to the International Criminal Court - A Guide for States Parties to the Rome Statute . The report offers recommendations to assist States Parties and the ASP in strengthening their individual and collective efforts to ensure cooperation for the arrest and surrender of suspects to the ICC.

Outcomes of the Assembly

The Assembly's 24th session concluded on Friday 5 December 2025, with the adoption of six resolutions on Cooperation ; the Resolution of the Assembly of States Parties on the proposed programme budget for 2026 ; the 'Omnibus' resolution (Strengthening the International Criminal Court and the Assembly of States Parties); the Resolution on amendments to the Rules of Procedure and Evidence of the ICC ; the Resolution of the Assembly to implement recommendation R108 of the Group of Independent Experts ; and the Resolution on the procedure and criteria for the waiver of the loss of voting rights .

The IBA will continue to engage with States Parties, the Assembly and civil society to promote accountability for international crimes and to support a fair, independent and effective International Criminal Court.

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