ASP Information - updated at
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Article 112(2)(f) of the Rome Statute provides that "the Assembly shall consider pursuant to article 87, paragraphs 5 and 7, any question relating to non-cooperation". At its tenth session, the Assembly of States Parties adopted the "Assembly Procedures relating to non-cooperation" | |
I. Assembly procedures relating to non-cooperation | |
| Assembly procedures relating to non-cooperation | |
II. Tool kit on non-cooperation | |
| Tool kit on non-cooperation | |
III. Reports of the Bureau on non-cooperation | |
| Paragraph 14, sub-paragraph (e) of the Procedure on non-cooperation calls on the Bureau to report on the outcome of any activities it undertook with regard to non-cooperation, including any recommendations for action. | |
| 2012, ICC-ASP/11/29 - English | Español | Français | عربي | |
| 2013, ICC-ASP/12/34 - English | Español | Français | عربي | |
| 2014, ICC-ASP/13/40 - English | Español | Français | عربي | |
| 2015, ICC-ASP/14/38 - English | Español | Français | عربي | |
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2016, ICC-ASP/15/31 -
English |
Español |
Français |
عربي ICC-ASP/15/31/Add1 - English | Español | Français | عربي | |
| 2017, ICC-ASP/16/36 - English | Español | Français | عربي | |
| 2018, ICC-ASP/17/31 - English | Español | Français | عربي | |
| 2019, ICC-ASP/18/23 - English | Español | Français | عربي | |
| 2020, ICC-ASP/19/23 - English | Español | Français | عربي | |
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Paragraph 16 of the Assembly procedures on non-cooperation, amended in 2012 by ICC-ASP/11/Res.8, annex I and in 2018 by ICC-ASP/17/Res.5, annex
II,
calls for the appointment of four or, if so requested by the President of the Assembly, five focal points on non-cooperation from among all States Parties, on the basis of equitable geographical representation.
At its 7 February 2019 meeting, the Bureau appointed Colombia, Croatia, Liechtenstein, Republic of Korea and Senegal as non-cooperation focal points for their respective regional groups. The President serves ex officio as focal point for his region. The focal points are appointed on an ad country mandate, which implies that the respective countries are engaged at high diplomatic and political levels in New York, The Hague, capitals and where appropriate, in other embassies. | |
V. Communications received by the Assembly or the Security Council,
related to non-cooperation pursuant to the Rome Statute
| Article 87(7) of the Rome Statute provides that "Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council." |
| Article 87(5)(b) of the Rome Statute provides that "Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council." |
VI. (a) Situation in Darfur, Sudan
| Case | Title of document | ICC document | SC document |
|---|---|---|---|
| Prosecutor v. Ahmed Harun and Ali Kushayb | Decision informing the United Nations Security Council about the lack of cooperation by the Republic of Sudan1
1 This decision was only transmitted to the Security Council. | ICC-02/05-01/07-57 (25 May 2010) | S/2010/265
(1 June 2010) |
| Prosecutor v.
Omar Al Bashir | Decision informing the United Nations Security Council and the Assembly of the States Parties to the Rome Statute about Omar Al-Bashir's recent visit to the Republic of Chad | ICC-02/05-01/09-109 (27 August 2010) |
S/2010/456 (31 August 2010) |
| Prosecutor v.
Omar Al Bashir | Decision informing the United Nations Security Council and the Assembly of the States Parties to the Rome Statute about Omar Al-Bashir's presence in the territory of the Republic of Kenya |
ICC-02/05-01/09-107 (27 August 2010) |
S/2010/456 (31 August 2010) |
| Prosecutor v.
Omar Al Bashir | Decision informing the United Nations Security Council and the Assembly of the States Parties to the Rome Statute about Omar Al-Bashir's recent visit to Djibouti |
ICC-02/05-01/09-129
(12 May 2011) |
S/2011/318 (19 May 2011) |
| Prosecutor v.
Omar Al Bashir | Decision Pursuant to Article 87(7) of the Rome Statute on the Failure by the Republic of Malawi to Comply with the Cooperation Requests Issued by the Court with Respect to the Arrest and Surrender of Omar Hassan Ahmad Al Bashir | ICC-02/05-01/09-139-Corr
(13 December 2011) |
S/2012/9 (9 January 2012) |
| Prosecutor v.
Omar Al Bashir | Decision pursuant to article 87(7) of the Rome Statute on the refusal of the Republic of Chad to comply with the cooperation requests issued by the Court with respect to the arrest and surrender of Omar Hassan Ahmad Al Bashir | ICC-02/05-01/09-140-tENG (13 December 2011) |
S/2012/8 (9 January 2012) |
| Prosecutor v.
Omar Al Bashir | Decision on the Non-compliance of the Republic of Chad with the Cooperation Requests Issued by the Court Regarding the Arrest and Surrender of Omar Hassan Ahmad Al-Bashir | ICC-02/05-01/09-151
(26 March 2013) | S/2013/229
(15 April 2013) |
| Prosecutor v.
Omar Al Bashir | Decision on the Cooperation of the Democratic Republic of the Congo Regarding Omar Al Bashir’s Arrest and Surrender to the Court |
ICC-02/05-01/09-195 (9 April 2014) | S/2014/297 (24 April 2014) |
| Prosecutor v.
Omar Al Bashir | Decision on the Prosecutor’s Request for a Finding of Non-Compliance Against the Republic of the Sudan | ICC-02/05-01/09-227 (9 March 2015) | |
| Prosecutor v. Abdel Raheem Muhammad Hussein | Decision on the Prosecutor's Request for a finding of non-compliance against the Republic of the Sudan |
ICC-02/05-01/12-33 (26 June 2015) | |
| The Prosecutor v. Abdallah Banda Abakaer Nourain | Decision on the Prosecution's Request for a Finding of Non-Compliance |
ICC-02/05-03/09-641 (19 November 2015) | |
| Prosecutor v.
Omar Al Bashir | Decision on the non-compliance by the Republic of Djibouti with the request to arrest and surrender Omar Al-Bashir to the Court and referring the matter to the United Nations Security Council and the Assembly of the State Parties to the Rome Statute | ICC-02/05-01/09-266-ENG ICC-02/05-01/09-266-FRA (11 July 2016) | S/2016/716 (15 August 2016) |
| Prosecutor v.
Omar Al Bashir | Decision on the non-compliance by the Republic of Uganda with the request to arrest and surrender Omar Al-Bashir to the Court and referring the matter to the United Nations Security Council and the Assembly of State Parties to the Rome Statute |
ICC-02/05-01/09-267-ENG ICC-02/05-01/09-267-FRA (11 July 2016) | |
| Prosecutor v. Omar Al Bashir | Decision under article 87(7) of the Rome Statute on the non-compliance by Jordan with the request by the Court for the arrest and surrender or Omar Al-Bashir |
ICC-02/05-01/09 -309-ENG ICC-02/05-01/09 -309-FRA (11 December 2017) | |
| Prosecutor v. Omar Al Bashir | Judgement in the Jordan Referral re Al-Bashir Appeal | ICC-02/05-01/09-397-Corr-ENG ICC-02/05-01/09-397-Corr-FRA (6 May 2019) |
VI. (b) Situation in Kenya
| Case | Title of document | ICC document | SC document |
|---|---|---|---|
| Prosecutor v. Uhuru Muigai Kenyatta | Second decision on Prosecution's application for a finding of non-compliance under Article 87(7) of the Statute
| ICC-01/09-02/11-1037-ENG (19 September 2016) |
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VI. (c) Situation in Libya
| Case | Title of document | ICC document | SC document |
|---|---|---|---|
| Prosecutor v. Saif Al-Islam Gaddafi | Decision on the non-compliance by Libya with requests for cooperation by the Court and referring the matter to the United Nations Security Council
| ICC-01/11-01/11-577-ENG (10 December 2014) |
S/2014/953 (30 December 2014) |
VII. Decisions by the Assembly
| 9th session, 2010 | ||
| 10th session, 2011 | ||
| 11th session, 2012 | ||
12th session, 2013 | ||
| 13th session, 2014 | ||
| 14th session, 2015 | ||
| 15th session, 2016 | ||
| 16th session, 2017 | ||
| 17th session, 2018 | ||
| 18th Session, 2019 | ||
| ICC-ASP/18/Res.6, para. 22-27 - English | Español | Français | عربي | ||
| 19th Session, 2020 | ||
| ICC-ASP/19/Res.6, para. 24-30 - English | Español | Français | عربي | ||
| "24. Recalls the Procedures relating to non-cooperation adopted by the Assembly in ICCASP/10/Res.5 and revised by the Assembly in resolution ICC-ASP/17/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, and takes note of the past decisions of the Court on non-cooperation; 25. Recalls the Toolkit for the implementation of the informal dimension of the Assembly procedures relating to non-cooperation, which was revised as annex III to ICC- ASP/17/3111 and encourages States Parties to make use of it as they see fit in order to improve the implementation of the Assembly procedures relating to non-cooperation; 26. Takes note of the report of the Bureau on non-cooperation, welcomes the efforts of the President of the Assembly in implementing the Assembly procedures relating to non-cooperation, recalls that the President serves ex officio as focal point for his or her region, and calls upon all stakeholders, at all levels, to continue assisting the President of the Assembly, including when accomplishing his or her task with the support of the regional focal points for non-cooperation; 27. Recalls the role of the Assembly of States Parties and the Security Council with respect to non-cooperation as provided for by articles 87, paragraph 5, and 87, paragraph 7, of the Rome Statute, and welcomes the efforts of States Parties to strengthen the relationship between the Court and the Council; 28. 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; 29. Takes note with appreciation of the positive development in Sudan after a situation of non-cooperation that prevailed over a decade and encourages the new authorities to meaningfully contribute through effective cooperation to the fulfilment of the mandate of the Court and Security Council resolution 1593; 30. Noting the past orders of the Pre-Trial Chamber to the Registrar concerning action to be taken in case of information relating to travel of suspects, 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;” | ||
VIII. Mandates of the Assembly
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Resolution on Strengthening the International Criminal Court and the Assembly of States Parties (2020) Resolution ICC-ASP/19/Res.6, annex, para. 3 (k)-(m) English | Español | Français | عربي | |
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(k) 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 any matter of non-cooperation referred by the Court to the Assembly; (l) 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; and (m) 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 twentieth session; | |
IX. Press Releases and Statements by the Court and by the President
of the Assembly
X. Social Media
Social media is used widely by the office of the President of the Assembly to receive and confirm information about potential incidents of non-cooperation, and to notify and encourage stakeholders to join efforts to prevent instances of non-cooperation.
@PASPFernandez
Source
Assembly of States Parties