ICC warns against discussing active cases at ASP meeting

The International Criminal Court has warned the Assembly of States Parties against discussing cases currently before it.

In a letter to the president of the assembly, Mr Sidiki Kaba, the court stated that discussing cases before it would amount to sub judice.

The letter, which was signed by ICC President Silvia Fernández de Gurmendi, Prosecutor Fatou Bensouda and registrar Herman von Hebel, further warned the assembly against discussing issues that could undermine the court’s judicial competencies and interfere with its independence.

The court insisted that the role of implementation, application and interpretation of the law with regard to active cases rests squarely with the court and its judges.

“The independence of the court in the conduct of its judicial and prosecutorial functions is a fundamental tenet of the Rome Statute framework, as reflected in Articles 40(1), 42(1) and 119(1) of the Statute,” read the letter in part.

The court noted that the appropriate forum to discuss and contest judicial matters is in the judicial proceedings before the court.

This comes just as the government is fine tuning preparations ahead of the Assembly of States Parties that is expected to take place on November 18 to 26, 2015.

The meeting is expected to discuss, among other issues, Rule 68 of the Rome Statue that advises the admission of recanted evidence.


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