“The ICC has always been close to my heart” – An interview with the President of the Assembly of States Parties of the International Criminal Court, Ambassador Päivi Kaukoranta

On 5 September 2025, I interviewed Ambassador Päivi Kaukoranta, President of the Meeting of States Events of the Worldwide Prison Court docket. It was a wide-ranging dialog through which we mentioned, amongst different issues, US sanctions, the continued investigation into the Prosecutor and the latest particular session on the crime of aggression. The interview has been edited and condensed for publication.

President of the ICC Meeting of States Events, Ambassador Päivi Kaukoranta (Picture: ICC)

I start by asking Kaukoranta how she got here to be President of the Meeting of States Events (ASP) of the Worldwide Prison Court docket (ICC). Had she all the time been occupied with worldwide legal justice? ‘I don’t know whether or not I discovered worldwide legal justice or whether or not it was the opposite means spherical. After I joined the Finnish Overseas Ministry in 1989 I made a decision to return to do my coaching on the bench, which in our system contains working within the home courts and serving as a choose. Even at that stage I most well-liked legal instances over different branches of legislation.’

Kaukoranta’s legal legislation expertise and experience meant she was well-placed to take part in worldwide legal legislation’s revival within the Nineties after the horrors of the Yugoslav wars and the Rwandan genocide. ‘Quickly after returning to the Ministry, I discovered myself concerned in a number of negotiation processes associated to worldwide legal legislation, together with the ICC Rome Statute negotiations, the place data of legal legislation and the way it features in follow was very helpful.’

I ask Kaukoranta what it was like to barter the statute that might set up the ICC. ‘After all I used to be a bit youthful than at the moment. I used to be the lady with the lengthy ponytail working lengthy hours helping senior members of the Finnish delegation. It was a whole lot of onerous work. However alternatively there was a spirit of enthusiasm and a way that we have been going to determine one thing outstanding.’

And does the Court docket we see at the moment mirror the aspirations and issues of States through the Rome Statute negotiations? ‘All of us put a whole lot of hopes and expectations into the institution of the Worldwide Prison Court docket. The Rome Statute was the results of common negotiations, together with quite a lot of States that subsequently selected to not change into States Events to the Statute. So we realised on the time that compromises needed to be made with the intention to discover consensus. And a few of the compromises have an effect on the functioning of the Court docket at the moment. However I imagine that the Court docket we see at the moment nonetheless displays the aspirations and issues of States on the time of negotiating the Rome Statute.’

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I ask Kaukoranta what made her determine to place herself ahead for the function of ASP President in 2023. ‘After I was requested, I didn’t instantly agree. I took a number of months to consider whether or not it made sense. Already I may anticipate that it will be a really difficult place at a really difficult time. Ultimately, I feel that what influenced my choice most was the chance to work with nice individuals on issues that I contemplate essential. And the truth that the ICC has all the time been near my coronary heart.’

And what have been Kaukoranta’s priorities for the function? ‘I’m by no means totally snug talking about my priorities as I see the President as a servant of the Meeting of States Events whose function is to boost selections taken by the Meeting. However, I’d point out just a few issues. I imagine that in an inclusive Meeting all delegations ought to be capable to be totally concerned and, recalling its contribution to the creation of the Court docket, that the area for civil society ought to be safeguarded. And I knew that for this Presidency time period there have been sure necessary points that might be on the agenda. First, the mandated evaluate of the Kampala Amendments on the Crime of Aggression can be developing in 2025 and would require appreciable work. And second, operationalising the just lately adopted technique on countering threats to the ICC, because the ASP President is on the forefront in defending the integrity and independence of the Court docket, and people who collaborate with it, from political assaults. So it was clear even then that this might be very a lot on my agenda.’

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In December 2023, the Meeting of States Events elected Kaukoranta to function its President from 2024-2026. I’m curious how she discovered it transferring from being a member of the ASP to President of the ASP. ‘The primary distinction is that, as an alternative of serving any nationwide pursuits, the President serves the Meeting within the execution of its administration and oversight features. The function of the ASP President is impartial from any nationwide place.’ I ask Kaukoranta if she finds it onerous to detach herself from the Finnish nationwide place – historically on the maximalist finish of the dimensions by way of political and monetary help for the ICC – when she’s coping with points as President. ‘I don’t at present work on the Authorized Service of the Finnish Ministry for Overseas Affairs, the place nationwide coverage in relation to the ICC is formulated, however on the Nationwide Safety Authority of Finland which is an impartial operate of the Ministry. I’m subsequently capable of preserve a sure distance from the considering on the Finnish facet. However I feel it’s sincere to say that each one of us have some private instincts and kinds as to the best way to conduct enterprise, what issues to stress and so on. However once I’m coping with a difficulty as President, I’ve to anticipate what may very well be a sensible foundation for consensus amongst all States Events and that foundation just isn’t all the time the popular place of Finland or different like-minded international locations.’

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The Rome Statute supplies that States Events are to make “each effort” to succeed in selections by consensus within the ASP and the Bureau (the ASP’s intra-sessional government committee), with a vote solely going down if consensus can’t be reached. The ASP President performs a essential function within the consensus course of, participating in bilateral and multilateral consultations to give you proposals that may discover broad acceptance amongst States Events. Whereas consensus-based decision-making is meant to be a collaborative course of the place events work collectively to succeed in an settlement that everybody can help, fostering inclusivity and shared possession, its critics argue that it provides inordinate quantities of energy to minority holdouts who can block the desire of the bulk. I ask Kaukoranta if the ASP’s custom of consensus-based decision-making remains to be match for objective. ‘I feel consensus is essential for the ICC. I recognise there’s been a whole lot of frustration in recent times as issues have change into harder and we don’t transfer ahead on one thing that’s thought of necessary as a result of the ASP can’t attain consensus. However in instances when individuals have totally different views, sustaining consensus is especially invaluable, as a result of if selections are taken by vote we are going to simply discover those self same points in entrance of us once more within the coming years.’

I ask Kaukoranta whether or not the latest difficulties in reaching consensus mirror an more and more divided ASP. ‘I wouldn’t overemphasise the fractures among the many Meeting. Such fractures have all the time been there. Generally extra, generally much less. We are able to recall tough instances up to now as effectively, with some African States Events not happy about how issues have been dealt with. The ASP is, nevertheless, capable of produce strong language in help of the Court docket at its annual conferences. We all know there are divisive points just like the price range, however nonetheless in the long run we’re capable of agree it.’

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A possible take a look at of States Events’ dedication to the consensus custom was the latest particular session on the evaluate of the amendments on the crime of aggression which occurred in New York in July this yr. Because the session acquired underway there was real concern amongst States Events that the query of whether or not to align the Court docket’s jurisdiction over the crime of aggression with the opposite core crimes within the Rome Statute would possibly find yourself being put to a vote. I ask Kaukoranta, who oversaw the session as ASP President, for her reflections. Specifically, having co-authored a letter with the previous ASP Presidents calling on States Events to align the Court docket’s jurisdiction, was she disenchanted with the result which noticed States Events determine to not develop jurisdiction over the crime of aggression at this stage? ‘Nicely, amending the provisions of the Rome Statute, a multilateral instrument with 125 States Events, is all the time a posh and time-consuming train. And the crime of aggression is unquestionably no exception to this. We already noticed in Rome that it is a tough situation. However I’m happy that an end result was reached which mirrored a unified place of States Events and included a dedication to proceed the dialogue in a subgroup of the Working Group on Amendments after which in a future session. I really see the result as proof of States Events’ skill to debate tough points after which decide to work in a spirit of consensus. So I feel one needs to be happy a minimum of that the initiative was not killed. And for States that suppose there’s a purpose to attempt to align jurisdiction, there may be the prospect of additional talks.’

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Linked to the query of ASP unity, and noting quite a lot of latest findings by the Court docket that States Events have didn’t adjust to their obligations to cooperate with the ICC underneath the Rome Statute, I ask Kaukoranta if she feels States Events are offering the Court docket with the help it wants in these difficult instances. ‘I feel there may be all the time room for enchancment in how we help and cooperate with the Court docket, as a result of the Rome Statute system is constructed on the expectation that States Events will implement arrest warrants, present witness safety, execute sentences and so forth. After all, I remorse all statements, supposed or unintended, which undermine the duty of States Events to cooperate with the Court docket. In the end I imagine that States Events, having created the Court docket and having invested some huge cash and different assets, ought to now present the Court docket with all of the help it deserves.’

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The Court docket actually wants all of the help it may get from States Events in the meanwhile because it grapples with what ICC President Akane just lately described as “the most important problem the Court docket has confronted”: US sanctions. Kaukoranta has issued a number of statements in response to the designation of Court docket officers and I ask her how she sees the function of the ASP President in responding to US sanctions. Kaukoranta is reluctant so as to add to what she’s already mentioned in her statements with reference to sanctions. As an alternative, she talks in additional basic phrases concerning the ASP President’s function in responding to threats and assaults towards the Court docket. ‘Earlier than my time period began in 2022, the ASP had already adopted a brand new technique on responding to threats or assaults towards the ICC. In response to this technique, the President of the Meeting bears the primary accountability for coordinating an applicable response from the Meeting to any risk or assault towards the Court docket, its officers and people cooperating with it, which has the potential to undermine its integrity, effectiveness or impartiality. So there’s very a lot a task foreseen for the Presidency and that’s how I’ve tried to see my function, in that I observe what the Meeting of States Events expects of me.’

I ask Kaukoranta what message it will ship if US sanctions meant that the Court docket was not capable of function. ‘Usually talking, I hope and imagine that the Court docket will survive sanctions and different severe assaults. However I don’t need to belittle the threats and challenges the Court docket is now dealing with. Now greater than ever it’s the accountability of States Events to help the Court docket that they established. I’d not want to speculate on any state of affairs the place we might have prompted the Court docket not to have the ability to operate anymore.’

I ask Kaukoranta if she thinks there’s something the Court docket can do to keep away from additional sanctions and restore the connection with the US. Specifically, I ask if she has a view on hypothesis {that a} UNSC deferral underneath Article 16 of the Rome Statute may be a viable off-ramp. Kaukoranta once more declines to be drawn. ‘I don’t suppose it will be applicable for me to take a position about what the judicial establishment may do on this respect. As I’ve mentioned earlier than, the Court docket is solely making use of the legislation that it has earlier than it and that’s the very best counter-argument to the narrative that it’s participating in politics. The one factor I can say about Article 16 of the Rome Statute, the place the UN Safety Council can take a decision underneath Chapter 7 of the UN Constitution requesting that the Court docket shall not start or proceed with an investigation or prosecution for a interval of 12 months, is that such energy is, after all, within the palms of the Safety Council members. It’s an possibility that’s expressly supplied for within the Rome Statute and, as such, it’s a legally sound and acceptable resolution, opposite to many different makes an attempt to intervene within the conventional work of the Court docket.’

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One other main problem the Court docket is at present dealing with is the continued investigation by the UN Workplace of Inside Oversight Companies (OIOS) into alleged misconduct by the Prosecutor Karim Khan KC. As President of the ASP, Kaukoranta has performed a central function within the dealing with of the allegations, together with commissioning the OIOS investigation on behalf of the ASP Presidency in November 2024. Almost a yr into the investigation, and 17 months for the reason that allegations have been allegedly first reported to the Court docket, I ask Kaukoranta if she’s capable of present an replace on the investigation. Specifically, is she capable of say when the investigation will probably be accomplished and is she involved about how lengthy it’s taking? Kaukoranta explains that, with the intention to safeguard the rights of the events concerned in addition to the integrity of the investigation, she is unable to debate the allegations or the investigation. ‘However I do realise that there’s frustration on the process taking so lengthy. It could after all be within the curiosity of the Court docket, the Meeting and particularly the individuals involved that the investigation involves an finish quickly, however since it’s an impartial, exterior investigation I’d not want to give my estimate on the timeline for its completion.’

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Simply over midway by way of her mandate as ASP President, I ask Kaukoranta for her reflections on the primary half of her time period. What’s she most happy with? ‘I don’t suppose the mid-term is the proper time to be significantly happy with something, since all the pieces remains to be a piece in progress. I’m completely happy although once I see we have now been capable of attain consensus and transfer ahead on issues which were dragging on for a very long time, for instance within the Bureau.’

Turning to the longer term, I ask Kaukoranta about her aspirations for the second half of her mandate as ASP President. ‘I hope that once I move the baton to my successor on the finish of 2026, I’ve a great conscience that I’ve been capable of meet the expectations of States Events or a minimum of really feel I’ve performed the very best I can.’ Does she already know what she want to do after she finishes her time period as ASP President? ‘I don’t have any fastened concepts. I wish to shock myself. I hope to stay in good well being in order that I can serve my authorities and, hopefully, the worldwide group within the coming years. However nothing deliberate as of but.’