The International Criminal Court (ICC) has adopted a new rule requiring that all applications for arrest warrants or summonses to appear be kept confidential.
The new regulation, called Regulation 23 ter, states that filings made under Article 58 of the Rome Statute will automatically be classified as confidential. They may only be made public if the Pre-Trial Chamber decides to lift the confidentiality order.
The ICC said the change is intended to protect the integrity of investigations, prevent suspects from being alerted, preserve evidence, and ensure the safety of witnesses.
Before this amendment, filings of this type could be public or partially accessible, depending on the decision of the Court. Under the new rule, all such filings will remain confidential unless a judicial chamber authorizes disclosure.
The rule was officially approved and added to the ICC’s Regulations of the Court in November 2025.
The change applies to all investigations under the ICC’s jurisdiction, including the ongoing probe into alleged crimes related to the Philippines’ anti-drug campaign during the administration of former president Rodrigo Duterte.
The ICC stated that the rule aims to ensure that proceedings can move forward without interference while maintaining judicial confidentiality.
