The International Criminal Court (ICC) investigates and prosecutes the most serious crimes of concern to the international community, such as core international crimes, as a court of last resort complementing national jurisdictions.
In its Strategic Plan 2023-2025, the ICC sets out the strategic goals for this period in an increasingly complex and challenging operating environment. Concurrent strategic plans applicable to the Court as a whole include those of the Office of the Prosecutor (OTP), the Registry, and the Trust Fund for Victims (TFV).
This article explores the ICC’s Strategic Goals for 2023-2025 and influencing factors in the operating environment, as outlined in the Strategic Plan.
The ICC’s Strategic Goals for 2023-2025
The ICC has set 10 goals which convey three main pillars of the Court’s strategic focus:
- Judicial and Prosecutorial Performance Goals (goals 1,2,3).
- Cooperation and Complementarity Goals (goals 4,5).
- Organisational Performance Goals (goals 6,7,8,9,10).
Judicial and Prosecutorial Performance Goals
Strategic Goal 1
Increase the expeditiousness and efficiency of the Court’s core activities (preliminary examinations, investigations, trials and reparations) while preserving the independence, fairness and highest legal standards and quality of its proceedings, and protecting the safety and well-being of the persons involved, in particular victims and witnesses.
Key actions include:
- Including in the Chambers Practice Manual advisory deadlines for key judicial activities and decisions.
- The OTP is improving its efficiency through improved case prioritisation and leveraging the availability of technology, amongst other measures.
- The Registry will modernise its systems to provide its judicial support services more effectively and efficiently.
- The TFV will seek efficiencies in its own processes and in the shared operations with the Registry, as well as by its constructive engagement in judicial proceedings.
Strategic Goal 2
Further develop the Court’s approach to victims in all phases of the judicial proceedings, including (in cooperation with the Trust Fund for Victims) reparations.
Key actions include:
- The OTP will increase its outreach to victims, in coordination with the Registry.
- A new approach to ensuring that victims are adequately informed about the Court’s proceedings during all phases.
- The TFV will continue to strengthen its capacity to design and implement reparations and other programmes for the benefit of victims.
Strategic Goal 3
Further develop mainstreaming of a gender perspective in all aspects of the Court’s work.
Key actions include:
- Continuing to effectively investigate and prosecute sexual and gender-based crimes (SGBC).
- The OTP will pay special attention to victims of SGBC and crimes against or affecting children (CAC).
- The Court will expand the scope of gender mainstreaming to all aspects of its work.
Cooperation and Complementarity Goals
Strategic Goal 4
Further foster political support and develop modalities of cooperation and operational support for all parties as regards preliminary examinations, investigations, protection of witnesses, implementation of warrants of arrest and judicial proceedings.
Key actions include:
- Intensified efforts to ensure ratification and full implementation of the Rome Statute.
- Continued exchange with States Parties and other stakeholders on how to implement shared responsibility under the Rome Statute for ending impunity for the most serious crimes.
- Further strengthen the legal and practical cooperation mechanism.
Strategic Goal 5
Discuss and devise with States and other stakeholders new strategies to increase the ability of the Rome Statute System to address the shared responsibility to close the impunity gap, including through encouraging domestic implementation of the Rome Statute and other measures of complementarity by States Parties (including providing support and assistance to victims).
Key actions include:
- Working together with situation countries, other countries and organisations that contribute to the investigation and prosecution of Rome Statute crimes.
- Reinvigorating partnerships with local authorities to share case-related information, to discuss standards and experiences and to facilitate capacity-building and technical assistance.
Organisational Performance Goals
Strategic Goal 6
Further strengthen professionalism, dedication and integrity in all of the Court’s operations.
Strategic Goal 7
Ensure a safe and secure working environment in which staff wellbeing and continuous improvement are at the centre.
Strategic Goal 8
Achieve more equitable geographical representation and gender balance (GRGB), particularly at higher level posts.
Strategic Goal 9
Manage resources in an effective, coherent, transparent, responsible and adaptable manner that reflects the culture of continuous improvement, and further develop the sustainability and resilience of the Court against identified risks.
Strategic Goal 10
Building upon a strategy for the completion of situations under investigation.
Goal 10 includes considering changes in key phases of various prosecutorial and judicial activities, and coordinating between the Court’s organs to allocate resources in the most effective manner to address these changes, including those that arise from the conclusion of an investigation.
Strategic analysis of the environment
The Court has identified several internal and external influencing factors in its operating environment that will impact its ability to achieve its goals in the next strategic period.
High and increasing workload in a volatile environment
Since its creation, the Court has faced an increasing number of situations where crimes that fall within its jurisdiction have been allegedly committed, and where the national authorities have been unable or unwilling to genuinely investigate or prosecute them.
Cooperation and political support
As it has no enforcement capacity, the Court is required to seek the assistance of States or other actors to help achieve its mandate. There has been some resistance to the exercise of the Court’s jurisdiction, typically in situations where States themselves have not met their primary responsibility to investigate and prosecute Rome Statute crimes.
Universality
There is a need for truly global adherence to the Rome Statute whereby all States solidify their commitment to ending impunity for the gravest crimes of concern to the international community.
Resources
The ability of the Court to achieve its mission will be greatly impacted by the amount of resources at its disposal. Obtaining sufficient resources to fund the strategic plan is a key element of the successful realisation of the overall strategic plan and its individual components.
External oversight and Independent Expert Review
The Independent Expert Review of the International Criminal Court and the Rome Statute System (IER) was conducted in 2020, and 384 recommendations were made to strengthen the Court and the Rome Statute system. Implementation of these recommendations is a priority for the Court, and some of this work will need to be finalised during this planning cycle.
Key takeaways
The International Criminal Court (ICC) has released its Strategic Plan 2023-2025 which outlines 10 Strategic Goals across the key pillars of judicial and prosecutorial performance, cooperation and complementarity, and organisational performance. The Court faces challenges in its operating environment that will impact its ability to achieve these goals.
