Gender Justice at the 23rd Assembly of States Parties
After five days of debates, negotiations, and side events, the annual meeting of the International Criminal Court’s governing body concluded just before midnight on Friday, December 6.
The 23rd ASP brought together states parties, civil society organisations and justice advocates to discuss the functioning and oversight of the court as well as pressing matters and recent developments in the field of international justice.
But what were the highlights and outcomes for gender justice? Our ASP recap summarises side-events, policy launches and statements that took place during the convening.
Day One at the ASP – “If the ICC Collapses, the Rule of Law Collapses”
Opening of the ASP: ICC President Judge Tomoko Akane opened the 23rd session with a resolute commitment to continuing the vital work of the court in light of “existential threats” that face the court, including “draconian economic sanctions” imposed by the United States.
“It is deplorable that some states are outraged that ICC judges give decisions in accordance with the evidence they received and above all in accordance with international law. Millions of people around the world are suffering atrocities and living in terror. If the ICC collapses, the rule of law collapses. It would represent a defeat in the fight against impunity for the whole world.”
Judge Akane also called for a stable budget for the Court, full implementation of the Rome Statute by all states parties, and the shared responsibility of the international community to support the Court in its mission to deliver justice and uphold the rule of law globally.
Using Technology to Investigate Sexual and Gender-based Crimes: How can technology revolutionize the investigation of sexual and gender-based crimes (SGBC)? This side-event, co-hosted by Women’s Initiatives for Gender Justice, the XCEPT research project team, and the Government of Canada, unpacked how emerging technologies are shaping investigations of SGBC within the framework of international criminal law.
Panellists discussed how tools like AI, satellite imagery, and digital archives are revolutionizing evidence collection and analysis, while addressing challenges in data security, informed consent, and survivor-centered approaches.
Find the full recap of this side-event here.
Launch of the OTP Strategy on Slavery Crimes: Coinciding with the International Day for the Abolition of Slavery, the Office of the Prosecutor (OTP) introduced its Policy on Slavery Crimes, the first policy by an international judicial institution issuing a policy specifically addressing slavery crimes.
The ICC’s new policy on slavery crimes broadens the definition of slavery to include modern forms of exploitation, provides detailed legal guidelines for consistent prosecution, adopts a survivor-centered and trauma-informed approach, and aligns with existing frameworks on gender and child-related crimes for a comprehensive response to abuse.
Special acknowledgement is deserved by Patricia Viseur Sellers, whose work as the ICC’s Special Adviser on Slavery Crimes was instrumental in shaping this policy.
Day Two at the ASP – CRSV, Ecocide, and Asian Women’s Leadership in International Justice
Conflict-related sexual violence in Ukraine: Conflict-related sexual violence survivors deserve justice and accountability at the international level to ensure vindication and non-repetition of crimes, noted Khrystyna Kit, head of Ukrainian Women-Lawyers Association “JurFem” during her compelling intervention in the general debate.
“Justice at the national level is insufficient to ensure satisfaction for victims of conflict-related sexual violence and guarantees of non-recurrence. For each victim of conflict-related sexual violence, it is important to see real steps from international judicial institutions, including the ICC, to investigate cases of conflict-related sexual violence committed by russians and issue arrest warrants for command and senior leadership for committing these crimes as part of a large-scale, systematic attack on the civilian population in Ukraine. After all, only justice at the international level for sexual violence crimes, regardless of the armed conflict in which they are committed, can indicate guarantees of non-repetition in the future. Through joint efforts, we can make conflict-related sexual violence crimes visible and ensure justice for survivors”.
Read a full recap of JURFEM’s activities at the ASP here.
Asian Women’s Leadership in International Justice: Asian women are underrepresented in international justice, with systemic barriers preventing them from breaking into the field in the “ first-ever all-POC women-led side event of its kind”.
Each of the panellists for sharing their personal experiences and struggles they have encountered in their professional and personal lives, including gender hostility and siloing of roles, outsider status leading to “gender backlash,” barriers faced by stateless individuals such as lack of access to education and resources, and economic exploitation where qualified women are often underpaid or unpaid for their work.
An important quote from panellist Priya Gopalan: “Growing up in Malaysia, I was taught the importance of humility. “Don’t blow your own horn, be modest.’ But I continue to work on speaking up because our voices matter. We must advocate for ourselves and our colleagues in solidarity, knowing that we represent those who cannot be in the room.”
Read a more detailed recap of the event here.
Ending Child Marriage in Iraq: 188 Alliance circulated an incredibly important plea to ASP participants, urging them to raise awareness and reject Iraq’s planned amendments to its Personal Status Law that could legalize child marriage. You can read their full statement here.
The Situation in Palestine: In a standing-room-only side event, speakers from the Palestinian Center for Human Rights, Al Mezan, and Al-Haq highlighted the ongoing crisis in Gaza. Interventions included the fact that over a year into this conflict and despite international condemnation of the situation in Gaza, weapons continue to be sent from Western countries to Israel.
Ecocide as a Fifth Crime: As the hearing the largest-ever case on states’ responsibility to combat climate change and help vulnerable nations was held just down the road at the International Court of Justice, Vanuatu, Fiji, Samoa, and the DRC along with Stop Ecocide International brought these important conversations to the ASP led the side event exploring opening considerations on the recognition of ecocide as a crime under the Rome Statute.
The current working draft definition of “ecocide” is “unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts”.
Day Three at the ASP: Gender Persecution, Gender Apartheid and Veto Abuse
Following the wrap-up of the General Debate, negotiations kicked off in full between states parties, meaning more opportunities for reflective workshops for civil society members and a range of side events, diving deep into key issues of justice and accountability.
Gender Persecution Principles: In January 2024, the OTP announced a new initiative to advance accountability for gender-based persecution, inviting civil society’s contributions. Building on our convening in The Hague in October, alongside five additional events from Tasmania to Toronto, a special report was compiled that integrates insights from all convenings.
Co-sponsored by Women’s Initiatives for Gender Justice, MADRE, the ICC Office of the Prosecutor (OTP), and the UK Government’s Foreign, Commonwealth & Development Office, the side event “Gender Persecution Principles” reflected on the progress made since the launch of the initiative.
The event left us with a renewed commitment to ensuring that accountability for gender persecution becomes a reality – not just in courtrooms, but in the lives of survivors.
Find the full event recap here.
Gender Justice in Afghanistan: This panel brought together five incredible speakers to reflect on the current human rights crisis in Afghanistan and avenues for ensuring accountability for gender-based crimes as the Taliban deepens their system of gender apartheid
Six states (Chile, Costa Rica, Spain, France, Luxembourg, Mexico) have referred Afghanistan to the ICC, expressing their concern over the severe deterioration of women’s rights.
Find recordings of the event here.
Office of the Prosecutor’s Annual Report: The OTP launched its 2024 report during a side event, highlighting key achievements, including the renewed Policy on Gender-Based Crimes, the introduction of a survivor-centered, gender-competent Policy on Slavery Crimes, and an emphasis on trauma-informed and intersectional approaches to addressing gender-based violence
Veto Abuse in the UN Security Council: In a break from panel discussions, a lunchtime screening of the eye-opening short film “The Veto” explored the misuse of veto powers by UN Security Council permanent members. Veto use has caused significant loss of life and blocked accountability for the gravest crimes. Women’s Initiatives for Gender Justice support the campaign to request an AO from the ICJ to impose legal limits on the use of the veto in the face of genocide, crimes against humanity or war crimes.
Read more about the proposal here.
Day Four at the ASP – Gender Justice, Genocide and External Threats to the Court
Launch of the Gender Justice Practitioners Hub: After two years of collaboration with global partners to identify and address critical gaps in the field, the Gender Justice Practitioners Hub was officially launched by Legal Action Worldwide (LAW) during a side-event hosted by Australian Embassy in the Netherlands.
The practitioners hub aims to foster a global community dedicated to advancing gender justice by supporting practitioners in integrating gender-competent and intersectional approaches into their work.
Panellists including Michelle Jarvis and Judge Alexandra Sandoval Mantilla reflected on the development of gender justice in the past 30 years and the potential of the hub to create a community of passion and purpose to connect and support practitioners in gender justice across the globe.
Find out more about the hub here.
Israel Genocide Report: Amnesty International launched its latest report detailing how Israel has committed crimes amounting to genocide under international law with the intent to target and destroy Palestinians as a group.
The report presented devastating findings on military actions targeting Palestinians, with evidence of systematic destruction aimed at erasing Palestinian identity. This includes the destruction of medical infrastructure, arbitrary evacuation orders, and denial of humanitarian aid, actions deemed genocidal under international law.
Agnes Callamard, Secreatary General of Amnesty International, stated that “The conclusion that Israel has committed genocide is unequivocal and evidence-based. Amnesty International did not come to this conclusion lightly, politically, or preferentially”.
Read the report here.
ICC Under Siege: The International Criminal Court has never been under more threats from political pressure to obstruct justice. The most powerful countries in the world are working to shut the court down, noted Danya Chaikel during the side event “Obstructing Justice and Promoting Impunity: Political Pressure and Intimidation of International Criminal Court Officials”.
Panellists highlighted growing threats to the ICC, including cyberattacks, political interference, and sanctions from powerful states like the U.S., Russia, and Israel. With delays tactics for political reasons being used by states more frequently and looming U.S. sanctions, defending the Court’s independence in the upcoming months and years will require action beyond diplomacy.
Day Five at the ASP – Closing of the 23rd Assembly of States Parties
After an intense five days, the 23rd Assembly of States Parties managed to wrap up proceedings before midnight on Friday.
Gender Justice and the Crimes Against Humanity Treaty: What would it take to create a Crimes Against Humanity treaty that truly addresses sexual and gender-based crimes?
At the side-event “Gender Justice and the Crimes Against Humanity Treaty,” co-sponsored by Women’s Initiatives for Gender Justice and partners, panellists reflected on the long journey toward the treaty.
This journey began over 16 years ago with initial proposals and reached a major milestone in December 2024 with the UN General Assembly’s adoption of a consensus resolution, paving the way for formal negotiations, and panellists reflected on the progress so far as well as the shape that the treaty could take.
Panellists highlighted the need for feminist, trauma-informed approaches that reflect the lived realities of survivors, tackle systemic oppression, and incorporate emerging concepts like gender apartheid into international law.
By advocating for inclusive definitions, holistic support systems, and greater collaboration between states and civil society, the panel showcased how this treaty could address historical gaps and create a more just global framework.
Find the recap, panellists’ interventions, and recordings of the event here.
Strengthening Civil Society-ICC Advocacy: The International Federation for Human Rights (FIDH) and the Coalition for the International Criminal Court (CICC) launched the report “Civil Society and the ICC: Pathways to Collaborative and Genuine Engagement”, highlighting the vital role of civil society organizations (CSOs) in supporting the ICC’s pursuit of accountability.
Key recommendations include fostering trust-based collaboration, enhancing communication and field engagement, clarifying the role of intermediaries, and ensuring the safety of CSOs and defenders.
Read the full report here.
Closing of the 23rd Assembly of States Parties: The Assembly concluded with the adoption of six resolutions, including commitments to strengthening the Rome Statute system, enhancing cooperation, and improving the ICC’s internal policies. However, after negotiations that lasted until late Friday evening, states approved a €195 million budget, €7 million short of the funds requested by the court for its ever-growing workload.
Ahmed Abofoul of Al-Haq closed the 23rd ASP with a statement on behalf of the Coalition for the ICC. This call to action left delegates with a reminder that the fight for international justice is far from over, noting that “threats to the Court go hand in hand with threats to those who defend it. If ever there was a moment for solidarity in international justice, it is now. We must stand firmer than ever in our support to victims—for those for whom this Court was created. Let us ensure the spirit of the Rome Statute is carried forward and not undermined.”
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