The judges of the International Criminal Court (ICC) adopted an amendment to the Regulations of the Court, which enters into force today. The new regulation 23 ter provides that applications for arrest warrants or summons to appear, pursuant to article 58 of the Rome Statute, are to be classified as secret or under seal, unless otherwise authorised by a Chamber.
This means that such applications must remain secret and can only be made public with the permission of the judges. The amendment standardises the existing practice of Pre-Trial Chambers instructing the Prosecution to file applications pursuant to article 58 of the Statute confidentially. Chambers may decide on a case-to-case basis rendering the existence of arrest warrants or summons to appear public, including in order to interrupt criminal conduct, deter the commission of other crimes or maximise opportunities for arrest.
The amendment is part of the judges' efforts to continuously improve and harmonise the procedures of the Court and codify best practices as appropriate. Prior to its approval by the plenary of judges, the amendment proposal was placed before the Court's Advisory Committee on Legal Texts, which consists of three judges (one from each Division), one representative from the Office of the Prosecutor, one representative from the Registry and one representative of counsel included in the Court's list of counsel.
The amendment to the Regulations of the Court will be circulated to States Parties for comments. Pursuant to article 52(3) of the Rome Statute, if, within six months from circulation, there are no objections from a majority of States Parties, the amendments shall remain in force.
