On 28 October 2024, the President of the International Criminal Court (ICC), Judge Tomoko Akane, addressed the United Nations (UN) General Assembly to present the Court's annual report, detailing its activities, ongoing cases and reparations processes, as well discussing current challenges. It was the first time that President Akane appeared before the UNGA after assuming the position of ICC President.
"The past year was marked by an unprecedented increase in demand for the Court's work in the form of investigations, pre-trial proceedings, trials and appeals," the President said, highlighting some of the main judicial developments during the past year, with specific mentions of reparations to victims, as an integral part of ICC proceedings.
"Sadly, the International Criminal Court is becoming more and more relevant in today's world. … International atrocities that shock the conscience of humanity are being committed in many parts of the world at this very moment," the President said. "The commitment made in the Rome Statute that 'the most serious crimes of concern to the international community as a whole must not go unpunished' has become of an existential importance for the future of humanity," she stated.
The President however regretted that the Court has been subject to unprecedented levels of threats, pressures and coercive measures which pose a serious threat to the administration of justice by the Court. "Let me be very clear on this. We cannot give up. We will not give up," she stated.
President Akane recalled the judicial nature of the ICC. "We are only bound by the law and we do not change the course of our actions due to threats, be them political or of another nature," adding that "We will continue abiding by our mandate undeterred, with integrity, determination, impartiality and independence at all times."
The President also mentioned that strengthening the Court's security is a key priority for the Court's leadership, urging "all UN member States to take action, both individually and collectively, to prevent a situation where the Court's operations cannot continue, by taking preventive and responsive measures against threats directed to the Court."
The President highlighted the importance of cooperation from States, which is essential to ensure the advancement of judicial proceedings. "For States Parties, cooperation is not merely a desirable act but is a legal obligation under Part 9 of the Statute. In this regard, the Court is particularly concerned with the lack of tangible action on the part of States Parties to enforce arrest warrants issued by the Pre-Trial Chambers. The obligation to arrest and surrender is one of the means to give effect to the obligation to cooperate with the Court in the execution of its mandate," she recalled.
In her address, President Akane also said that in order to strengthen its network of support, the Court has continued to engage in efforts to promote ratification of the Rome Statute, the Court's founding treaty. "The Court will continue its efforts to increase the number of States Parties and it appreciates the efforts taken by our civil society partners in raising awareness and in promoting the universal ratification and full implementation of the Statute."
Concluding her remarks, the President said: "My thoughts remain with the countless innocent civilians who are suffering at this very moment. For many of them, the international institutions that we represent are the last glimmer of hope. … The Rome Statute similarly reflects a pledge on behalf of the international community has established that atrocities must not be repeated and that justice will be delivered … It is up to the international community to decide whether the rule of law at the international level should be defended or whether we ought to revert to the rule of power."
While in New York, President Akane also met with the UN Secretary-General António Guterres, reiterating the Court's appreciation to the United Nations as a key partner. During the past year, the Court continued to receive crucial cooperation and support from various United Nations entities, departments, offices and special advisers and representatives of the Secretary-General, including those present in the field, which is essential for its operations. The President expressed her strong desire to strengthen this mutually beneficial relationship and called for the United Nations' assistance in defending the Court from external interference. The President subsequently held a meeting with the Acting Under-Secretary-General for Legal Affairs and UN Legal Counsel, Assistant Secretary-General for Legal Affairs, Stephen Mathias during which she discussed practical matters to strengthen the cooperation between the Court and the United Nations.
ICC President Speech to the United Nations General Assembly, 28.10.2024
Annual report of the International Criminal Court to the United Nations General Assembly
