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5th Session
5th Session
On 23 November 2006, the Fifth Assembly of States Parties to the Rome Statute of the ICC opened in The Hague. (l-r): ICC President Philippe Kirsch (Canada), President of the Assembly Ambassador Bruno Stagno Ugarte (Costa Rica), and interim Director of the Assembly\'s Secretariat Renan Villacis (Ecuador) at the opening plenary.
The Regular Fifth Session of the Assembly of States Parties (ASP) was held in The Hague, the Netherlands, at the World Forum Convention Centre from 23 November to 1 December 2006. 82 States Parties out of 103 registered for the ASP, as did 39 non-States Parties. More than 230 representatives from non-governmental organisations from all parts of the world attended the Hague session. The Resumed Fifth Session of the ASP was held in New York, the US, at the UN Headquarters, from 29 January to 1 February 2007. At least 88 States Parties out of 104 participated, as did at least 35 non-States Parties. Around 50 representatives from 17 NGOs participated in the New York session.

The main divisive question with regards to the Court’s budget for 2007 was whether the ASP would adopt the report of its Committee on Budget and Finance (CBF) as ‘a package’ or examine certain issues carefully. The ICC’s proposed budget for its work on outreach and the CBF's recommendation that this request not be granted in full took centre stage in this debate. States Parties found a compromise and the initially-requested sum for the Court’s outreach budget was reinstated, though the Court was urged to develop further a system of evaluation.

Moreover, the Assembly re-elected four out of the five members of the Board of Directors of the Trust Fund for Victims during its November session and the Assembly elected the remaining member of the Board, Mr. Bulgaa Altangerel (Mongolia) at its resumed session.

A budgetary resolution on a maximum rate for the highest financial contributors - as exist at the United Nations – was approved.

Furthermore, the Assembly also adopted a resolution welcoming the Court’s Strategic Plan (and its other supporting strategies) and invited the Court to further develop dialogue including on their implementation.

Regarding the Court’s permanent premises, a resolution requested that the ICC focus on the site of the Alexanderkazerne as the sole option.

In addition, the Assembly adopted an omnibus resolution, ‘Strengthening the International Criminal Court and the Assembly of States Parties’ (ICC-ASP/5/Res.3), which deals with many other essential matters, including: implementing a draft plan of action on ratification and implementation, approving a draft headquarters agreement between the ICC and the host State, introducing a new chapter on cooperation and requesting the Bureau to address this issue, requesting the Bureau to start preparing for the Review Conference, inviting the Court to present proposals on an independent oversight mechanism, and requesting the Bureau to continue its work on equitable geographic representation and gender balance.

Finally, the Special Working Group on the Crime of Aggression (SWGCA) met during both the regular session and the resumed session, chaired by Liechtenstein Ambassador Christian Wenaweser. A Discussion Paper produced by the Chair in January 2007 served as basis for the negotiations at the resumed session of the fifth ASP. States debated the definition of the crime of aggression, in particular three issues: the leadership requirement, the conduct element and the State act of aggression.

NGOs contributed to the outcomes of the ASP, in particular through the CICC’s NGO Issue Teams, providing recommendations to States through Team Papers, diplomatic briefings, and experts’ input during the ASP. The CICC also organized various side-meetings with Court officials as well as regional lunches with governments to discuss efforts related to ratification and implementation.

For more detailed information on the fifth session of the ASP, please read the CICC Report on the fifth Session of the ASP
Government and Inter-governmental Documents
Author Date and Title
Austria
24 Nov 2006
Statement by Austria delivered by Mr. Thomas Michael Baier during the Fifth ASP General Debate
Brazil
24 Nov 2006
Statement by Brazil delivered by H.E. Ambassador Gilberto Vergne Sabola during the Fifth ASP General Debate
Comoros
24 Nov 2006
Statement by Comoros during the Fifth ASP General Debate
Croatia
24 Nov 2006
Statement by Croatia delivered by H.E. Mr. Frane Krnic during the Fifth ASP General Debate
DRC
24 Nov 2006
Statement by DRC delivered by H.E. Mr. Jacques Masangu-A-Mwanza during the Fifth ASP General Debate
Ghana
24 Nov 2006
Statement by Ghana delivered by Mr. Robert Tachie-Menson during the Fifth ASP General Debate
Greece
24 Nov 2006
Statement by Greece delivered by Ms. Phani Dascalopoulou-Livada during the Fifth ASP General Debate
ICC Statements and Reports
Author Date and Title
ICC
01 Dec 2006
Traduccion no oficial: La Corte Penal Internacional, Comunicado de Prensa “Asamblea de los Estados Partes concluye sus deliberaciones en la Quinta Sesión.”
ICC
24 Nov 2006
Statement by Bruno Cathala, Registrar of the ICC
ICC
24 Nov 2006
Traduccion no Oficial: Apertura de la V Sesion de la Asamblea de los Estados Partes del Estatuto de roma
ICC
23 Nov 2006
Statement by Philippe Kirsch, President of the ICC
ICC
23 Nov 2006
Statement by Luis Moreno-Ocampo, Prosecutor of the ICC
NGO Letters, Papers, Reports, and Statements
Author Date and Title
ELSA International Delegation
01 May 2007
ELSA Report on the Fifth Session of the Assembly of States Parties to the Rome Statute of the International Criminal Court
CICC
27 Mar 2007
CICC Report on the fifth Session of the ASP
CICC
01 Feb 2007
Daily Report from the ASP: Thursday, 1 February 2007
CICC
01 Feb 2007
Informal and Unofficial Notes from the ASP Special Working Group on the Crime of Aggression (SWGCA) and Plenary: 1 February 2007, Afternoon Session
CICC
31 Jan 2007
Daily Report from the ASP: Wednesday, 31 January 2007
CICC
30 Jan 2007
Daily Report from the ASP: Tuesday, 30 January 2007
CICC
30 Jan 2007
Informal and Unofficial Notes from the ASP Special Working Group on the Crime of Aggression (SWGCA): 30 January 2007, Afternoon Session
NGO Media Statements
Author Date and Title
CICC
25 Jan 2007
Crime of Aggression Tops Agenda of Resumed 5th ASP
FIDH
01 Dec 2006
Cinquième session de l’Assemblée des Etats parties au statut de la Cour pénale internationale : des avancées importantes
Official Documents
Author Date and Title
ASP
22 Jan 2007
Second election of members of the Board of Directors of the Trust Fund for Victims (ICC-ASP/5/28/Add.1)
ASP
18 Jan 2007
Revised annotated agenda (ICC-ASP/5/33/Rev.1)
Chairman of the Special Working Group on the Crime of Aggression
16 Jan 2007
Discussion paper proposed by the Chairman
ASP
13 Dec 2006
Provisional agenda for the Resumed Fifth Session of the ASP (ICC-ASP/5/24/Rev.1)
ASP
01 Dec 2006
Provisional Work Programme
ASP
17 Nov 2006
Report of the Bureau on ratification and implementation of the Rome Statute and on participation in the Assembly of States Parties (ICC-ASP/5/26)
ASP
17 Nov 2006
Report of the Bureau on the arrears of States Parties
UN Reports, Resolutions, and Statements