A new amendment to the Regulations of the Court was adopted by the judges of the International Criminal Court (ICC), classifying applications for arrest warrants and summons to appear as ‘secret’ or under seal.
In a press release on Tuesday, November 11, the ICC said that the new Regulation 23 ter is in accordance with Article 58 of the Rome Statute.
Under Article 58, the Pre-Trial Chamber can issue an arrest warrant if there are reasonable grounds to believe a person has committed a crime within the jurisdiction of the Court.
Such applications must remain secret and may only be publicized with the judges’ permission.
According to the ICC, the amendment standardizes the Pre-Trial Chambers' existing practice of instructing the Prosecution to file applications confidentially, pursuant to Article 58 of the Rome Statute.
“Chambers may decide on a case-to-case basis rendering the existence of arrest warrants or summons to appear public, including in order to interrupt criminal conduct, deter the commission of other crimes or maximise opportunities for arrest,” the ICC said.
The recent amendment is part of the judges’ efforts to continuously improve and harmonize the Court procedures. Before the proposal’s approval, the ICC said that its plenary of judges was placed before the Court’s Advisory Committee on Legal Texts.
The said committee consists of three judges, one representative from each division, being: the Office of the Prosecutor, the Registry, and a representative of counsel included in the Court’s list of counsel.
“The amendment to the Regulations of the Court will be circulated to States Parties for comments. Pursuant to article 52(3) of the Rome Statute, if, within six months from circulation, there are no objections from a majority of States Parties, the amendments shall remain in force,” the ICC stated.
Article 52(3) of the Rome Statute indicates that regulations and any amendments shall take effect upon adoption, unless otherwise decided by the judges. Upon adoption, it must be circulated to States Parties for comments.
