1
GLOBAL ADVOCACY CAMPAIGN FOR THE INTERNATIONAL CRIMINAL COURT
Chart on the Status of Ratification and Implementation of the Rome Statute and the
Agreement on Privileges and Immunities (APIC)∗∗∗∗
∗ This document has been produced with information provided by governments and NGO members. The
Coalition welcomes any updates or corrections to the information provided in the document. This document
was updated in May 2012.
Coalition for the International
Criminal Court
2
Table of Contents
I. LATIN AMERICA AND THE CARIBBEAN……………………………………………3
II. MIDDLE EAST AND NORTH AFRICA………………………………………………..8
III. EUROPE AND CIS………………………………………………………………………...11
IV. ASIA/PACIFIC……………………………………………………………………………...22
V. AFRICA………………………………………………………………………………………...27
KEY FOR COMPLEMENTARITY/COOPERATION TABLE
� = Law has been enacted or there are specific provisions in national
legislation in this regard
* = Law is in the process of being enacted
� = Law has not been enacted/No substantive progress on law
3
I. LATIN AMERICA AND THE CARIBBEAN
States Rome Statute
Signature (S), Ratification (R), or
Accession (A) date
Implementation
Into domestic law
APIC
Signature (S),
Ratification (R), or
Accession (A) date
Antigua and
Barbuda
R: 18 June 2001 No information available
Argentina R: 8 February 2001 COMPLEMENTARITY �
COOPERATION �
On 13 December 2006, the National
Congress approved the ICC
Implementation Law (Law #26200)
including both complementarity and
cooperation provisions. The law was
enacted on 5 January 2007.
R: 1 February 2007
Bahamas S: 29 December 2000 No information available S: 30 June 2004
Barbados R: 10 December 2002 COMPLEMENTARITY *
COOPERATION *
The government has stated that it is
conducting initial evaluations to move
forward with national implementation
of the Statute.
Belize R: 5 April 2000 No information available R: 14 September
2005
Bolivia R: 27 June 2002 COMPLEMENTARITY *
COOPERATION *
In February 2006, the Ombudsman's
Office presented an ICC implementation
bill for consideration by Congress. The
bill includes complementarity and
cooperation provisions. Although it was
presented to Congress, the bill is yet to
be debated and the process remains
stagnant at the time.
The National IHL Committee had been
monitoring the process very closely.
However, this Committee has been
recently deactivated, further
contributing to the stagnation o the
process.
R: 20 January 2006
Brazil R: 20 June 2002 COMPLEMENTARITY *
COOPERATION *
The implementation draft has already
been discussed and adopted by the
different committees in the Deputies
Chamber, the lower house of Congress.
The bill is now awaiting approval before
being submitted to Senado Federal, the
upper house of Congress. The current version of the bill provides
for equal standards for military and
civilian superiors, and there is a new
provision stating that military necessity
does not exclude criminal responsibility. Matters of concern include a broad
provision on the application of military
R: 12 December
2011
4
legislation and the lack of a provision
prohibiting immunities and superior
orders as a defense.
Chile R: 29 June 2009
COMPLEMENTARITY �
COOPERATION �
On 7 April 2009, the Chilean Senate
unanimously approved Bill 6406-07
incorporating crimes against humanity,
the crime of genocide and war crimes
into national legislation. On May 6th
2009, the Chilean Chamber of Deputies
did the same. The law was enacted and
officially published on July 18, 2009.
Adoption of ICC crimes legislation had
been set as a precondition for
ratification.
During the Review Conference, Chile
pledged to deploy every effort to submit
a bill on cooperation with the ICC to the
Parliament before December 2011.
A: 26 September
2011
Colombia R: 5 August 2002 COMPLEMENTARITY �
COOPERATION *
Colombian criminal law already
encompasses most of the crimes covered
by the RS. However, some provisions
require revision, particularly the
Military (and Criminal) Code of Justice
(i.e., provision on superior orders),
amnesty for paramilitaries and military
jurisdiction for human rights violations,
crimes against humanity and others.
The Ministry of Foreign Affairs has
prepared a draft ICC cooperation bill.
Civil society is seeking to provide
comments to the draft.
R: 15 April 2009
Costa Rica R: 7 June 2001 COMPLEMENTARITY �
COOPERATION *
In May 2002, Costa Rica enacted an
amendment to the Criminal Code (Law
8272) that makes reference to those
crimes contained in international
treaties that the country has ratified,
including the RS. A bill to include war
crimes in the Criminal Code is pending
discussion at relevant Congressional
Commissions. The Bill includes all RS
crimes as well as complementarity
provisions.
R: 28 April 2011
Dominica A: 12 February 2001 COMPLEMENTARITY *
COOPERATION *
An ICC Implementing Legislation Bill
including both complementarity and
cooperation provisions was prepared by
the Attorney General’s Office in 2005.
There is no information on the progress
of this bill.
Dominican
Republic
R: 12 May 2005
COMPLEMENTARITY *
COOPERATION �
The House of Representatives approved
A: 10 September
2009
5
the new Criminal Code on 26 July 2006
and sent it to the executive. However,
due to opposition by diverse
constituencies to various issues in the
proposed Code, the President returned it
to the House for further review,
specifying necessary revisions and
observations. In terms of the RS, the
President specifically mentioned that
although crimes against humanity and
genocide had been typified, there was a
need to also include war crimes. Other
political priorities have delayed
consideration of this matter in the
House.
Ecuador R: 5 February 2002 COMPLEMENTARITY *
COOPERATION *
In 2002, a draft law implementing the RS
was submitted to Congress by a local
NGO, in conjunction with a
Congressional Commission. However the
process was stalled for a significant
period. The National Commission of
International Humanitarian Law, an
intergovernmental working group, took
this original proposal and is in the
process of drafting a new bill that will
include both cooperation and
complementarity provisions. The
proposal is being reviewed by the
Ministry of Justice within the framework
of the review and amendment to the
Criminal Code.
R: 19 April 2006
El Salvador In 2009, government actors stated
that they were evaluating ratification
of the Rome Statute. During a UJ
debate held at UN Headquarters, the
Salvadorian delegation expressly
stated that the RS is included among
the treaties which they are hoping to
ratify shortly. There is debate
regarding whether a constitutional
amendment is necessary for El
Salvador to become a party to the RS.
NGOs, MPs and other key stakeholders
have started to share comparative
experiences of countries that were
faced with similar situations, and are
also advocating for the adoption of an
interpretative approach rather than an
amendment.
Not addressing the issue at this time.
Grenada A: 19 May 2011 No information available
Guatemala A: 2 April 2012
Not discussing implementation at this
time.
Guyana R: 24 September 2004
COMPLEMENTARITY �
COOPERATION �
The government has maintained that
they are committed to initiating the ICC
implementing legislation process.
However, other priorities have delayed
R: 16 November
2005
6
this process.
Haiti S: 26 February 1999
The government is not considering the
issue at this time.
Honduras R: 1 July 2002 COMPLEMENTARITY *
COOPERATION *
There is currently an initiative to amend
some specific sections of the criminal
code, for example the definition of the
crime of torture, but a more thorough
criminal review process is necessary in
order to define ICC crimes and adopt
specific cooperation legislation.
A: 1 April 2008
Jamaica S: 8 September 2000
COMPLEMENTARITY �
COOPERATION �
In 2002, the Cabinet mandated that a
working group be established to look at
the issues involved in ratifying and
implementing the RS into domestic law.
The Working Group met over several
months and did a clause by clause
analysis of the RS, identifying how each
article could be implemented. In 2009,
the government indicated that it was
still conducting its internal evaluation.
S: 30 June 2004
Mexico R: 28 October 2005
COMPLEMENTARITY *
COOPERATION *
At the end of 2006, the executive
presented an ICC cooperation bill to the
Senate. On December 15, 2009, the
Senate approved the Regulation to
paragraph 8 of Article 21 of the Mexican
Constitution, which establishes the
terms and conditions for the
cooperation with the ICC. This was
submitted to the Lower House of
Congress (Camara de Diputados) for its
debate. To date, the bill has yet to be
considered by the relevant commissions.
In relation to legislation on crimes, at the
beginning of 2008 an MP presented an
initiative to incorporate various
provisions implementing RS crimes but
several stakeholders expressed
reservations on the bill’s content.
A: 27 September
2007
Nicaragua COMPLEMENTARITY �
COOPERATION *
A new Criminal Code was adopted in
June 2008 which includes most of the RS
crimes as well as complementarity
provisions.
Panama R: 21 March 2002 COMPLEMENTARITY �
COOPERATION *
In May 2007, Panama enacted a new
Criminal Code including most of the
crimes under the RS and other
complementarity provisions.
R: 16 August 2004
Paraguay R: 14 May 2001 COMPLEMENTARITY *
COOPERATION *
The Ministry of Foreign Affairs has
R: 19 July 2005
7
produced an ICC draft bill including
cooperation and complementarity
provisions which is poised to be
approved by Congress in the coming
months.
Peru R: 10 November 2001 COMPLEMENTARITY *
COOPERATION �
A technical ad hoc- Parliamentarian
commission (“Comision Revisora del
Codigo Penal”) was set up in October
2002 to draft a new Criminal Code
including RS crimes. The bill was
introduced in the Justice and Human
Rights’ Commission, but lack of political
will and other priorities had delayed its
consideration.
In February 2011, the ad-hoc
Parliamentarian commission approved
the Rome Statute implementing bill,
which includes which would implement
Rome Statute crimes. The bill includes
most of the provisions included in the
2009 implementation bill which had
been debated in Parliament but was
never approved. The next step is for the
President of the ad-hoc Parliamentarian
Committee (Comision Revisora) to
submit the bill to parliament in plenary
for final approval. The referral to the
plenary often requires a favorable vote
from a relevant Parliamentary
Committee, which Coalition Members in
Peru have stated could be delayed due to
the April 2011 presidential and
parliamentarian elections.
In February 2006, the Peruvian
government enacted a new Criminal
Procedural Code. The code includes
internal procedures for the detention
and surrender of individuals. Chapter VII
includes a section on cooperation with
the Court.
S: 10 September
2002
Before congress
since 2004.
Saint Kitts and
Nevis
A: 22 August 2006 No information available
St. Lucia R: 18 August 2010
No information available
St. Vincent and
Grenadines
R: 3 December 2002 No information available
Suriname A: 15 July 2008 No information available
Trinidad and
Tobago
R: 6 April 1999 COMPLEMENTARITY �
COOPERATION �
Enacted ICC Act in February 2006,
becoming the first Caribbean country to
establish implementing legislation that
includes complementarity and
cooperation provisions.
R: 6 February 2003
Uruguay R: 28 June 2002 COMPLEMENTARITY �
COOPERATION �
R: 3 November
2006
8
In 2006, Congress approved the ICC
implementation law including
complementarity provisions and
cooperation. The law entered into force
on 11 October 2006.
Venezuela R: 7 June 2000 COMPLEMENTARITY �
COOPERATION �
In early 2009 during a CICC visit to the
country, the MFA indicated that it
planned to re-engage the ICC
implementation process. In this regard,
during the Review Conference,
Venezuela pledged to move forward
with the implementation process.
S: 16 July 2003
Approved by the
legislative branch.
Awaiting
executive’s
signature since
2005.
9
II. MIDDLE EAST AND NORTH AFRICA
States Rome Statute
Signature (S), Ratification (R), or
Accession (A) date
Implementation
Into domestic law
APIC
Signature (S)
Ratification (R), or
Accession (A) date
Algeria S: 28 December 2000
No decision has been taken on
ratification, but the Ministry of
Foreign Affairs has been following
discussions at the ASP.
COMPLEMENTARITY �
COOPERATION �
No information available.
Bahrain S: 11 December 2000
In May 2006, the Ministry of Foreign
Affairs publicly announced its
intention to ratify the RS. A draft
proposal has been stalled (prepared
by the MFA & MoJ) and has yet to be
submitted to Parliament. Several
consultations were held between the
MFA, MoJ, and the PM in 2009
regarding ratification.
COMPLEMENTARITY �
COOPERATION �
No information available.
Egypt
S: 26 December 2000
No public indication that the
government is moving towards
ratification despite support from some
members of the Shura Council and the
Ministry of Foreign Affairs.
COMPLEMENTARITY �
COOPERATION �
No information available.
Iran S: 31 December 2000
Ratification requires the approval of
numerous governing bodies, including
the judicial, executive and legislative
branches. Some members of
Parliament and the judiciary are
reportedly supportive of the RS. There
is concern regarding the perception
that the Court will not respond to
crimes committed in the region. The
MFA and the Judiciary have focused on
implementation and training before
ratifying the RS.
COMPLEMENTARITY �
COOPERATION �
No informationa available.
Iraq The Council of Ministers announced
Iraq’s decision to accede to the RS on
15 February 2005, but the decision
was annulled two weeks later,
reportedly under U.S. pressure.
COMPLEMENTARITY �
COOPERATION �
No information available.
Israel S: 31 December 2000
Israel sent a letter to the UN on 28
August 2002, declaring that it still has
concerns with the RS and does not
intend to ratify, thus effectively ‘un-
signing’ the treaty. Israel’s main
concerns are the provisions on
population transfer and the pending
definition of the crime of aggression.
COMPLEMENTARITY �
COOPERATION �
No information available
Jordan R: 11 April 2002 COMPLEMENTARITY *
COOPERATION �
The MFA has set up a joint legal
committee to prepare a draft law for
implementing legislation, based heavily
on German and Belgian implementation
S: 28 June 2004
10
laws. In addition, eight articles in
Jordan’s military code are reported to
have been amended in accordance with
the RS. Jordanian CICC members are
working to improve implementing
legislation and find model
implementation legislation that is
compatible with the Jordanian legal
system.
Kuwait S: 8 September 2000
The Ministry of Justice is supportive of
the ICC. A ratification proposal was
drafted in 2007 and Kuwait has
closely followed the work of the Court
ever since Kuwait gas stated
intentions to ratify during the 9th ASP,
Review Conference, an its last
Universal Periodic Review.
COMPLEMENTARITY �
COOPERATION �
The National Committee for
International Humanitarian Law is
seeking to pass a draft national law on
crimes that fall within the jurisdiction of
the International Criminal Court (ICC).
Lebanon The issue of the ICC has assumed
greater national significance given
recent conflicts. However, a broad
national consensus is required for
accession. Lebanese legal scholars
argue that a constitutional
amendment is not required for
accession.
COMPLEMENTARITY �
COOPERATION �
No information available
Libya The situation in Libya has been
referred to the ICC by UN Security
Council Resolution 1970.
COMPLEMENTARITY �
COOPERATION �
No information available.
Morocco S: 8 September 2000
The Equity and Reconciliation
Commission and the Conseil
Consultatif des Droits de l’Homme
both recommended ratification of the
RS. Legal scholars suggest that
constitutional obstacles can be
overcome. A wide cross-section of
lawmakers is supportive of
ratification; however, there are
concerns regarding the US response..
COMPLEMENTARITY �
COOPERATION �
Genocide, crimes against humanity, and
war crimes are currently being
considered by Parliament for inclusion
in Morocco’s criminal code.
Oman S: 20 December 2000
The MFA has expressed support for
the ICC. The National Committee has
concluded a report on the
compatibility of the RS with Omani
law and has recommended Oman’s
ratification upon consultation with the
Arab League. The government is open
to discussing the implications of
ratification, including technical
assistance.
COMPLEMENTARITY �
COOPERATION �
No information available.
Qatar The Qatari Cabinet has been studying
the RS and monitoring ICC
developments. The Attorney General
of Qatar has also met with the ICC
Presidency, and is working on holding
a technical seminar on the ICC.
COMPLEMENTARITY �
COOPERATION �
No information available.
Saudi Arabia No information available. COMPLEMENTARITY �
COOPERATION �
No information available.
11
Syria S: 29 November 2000
COMPLEMENTARITY �
COOPERATION �
No information available.
Tunisia A: 24 June 2011
COMPLEMENTARITY �
COOPERATION �
No information available.
A: 29 June 2011
UAE S: 27 November 2000
A team at the MoJ is continuing to
examine compatibility issues with the
RS. The MFA has also been examining
possible ratification.
COMPLEMENTARITY �
COOPERATION �
No information available.
Yemen S: 28 December 2000
A ratification bill was passed in March
2007, but was reversed shortly
thereafter. The President, MoJ, and
MFA have expressed support for
ratification, but parliament
discussions are repeatedly postponed.
COMPLEMENTARITY �
COOPERATION �
The government established a Legal
Committee to amend the constitution.
12
III. EUROPE AND CIS
States Rome Statute
Signature (S),Ratification (R), or
Accession (A) date
Implementation
Into domestic law
APIC
Signature (S),
Ratification (R), or
Accession (A) date
Albania R: 31 January 2003 COMPLEMENTARITY �
COOPERATION �
The criminal code includes some
definitions of crimes under the Rome
Statute.
Legislation needed on cooperation.
No new developments
R: 2 August 2006
Andorra R: 30 April 2001 No information available. R: 11 February
2005
Armenia S: 1 October 1999
In August 2004, the Constitutional
Court rendered a negative opinion on
the compatibility of the Rome Statute
with national legislation. The reasons
were: (a) the ICC is seen as
supplementing the national judicial
system; and (b) national authorities
would be deprived of the right to grant
pardon.
The ratification of the Rome Statute is
still pending. As a first step, the
government decided in June 2007 to
re-launch the process, which requires
a re-assessment of the Constitutional
Court. There have been no new
developments.
COMPLEMENTARITY �
COOPERATION �
The criminal code adopted in August
2003 includes some definitions of
crimes under the Rome Statute (namely
genocide, serious breaches of
international humanitarian law during
armed conflicts and crimes against
human security).
Legislation on cooperation needed.
Austria R: 28 December 2000 COMPLEMENTARITY *
COOPERATION �
Amendments to the criminal code are
needed; the Ministry of Justice and the
Ministry of Foreign Affairs are working
on implementing legislation. A joint
working group was set up in September
2008 after adoption of the program of
the Austrian Government 2008-2013
which contains a para. aiming at
adjusting provisions set out in the
Austrian Criminal Code (with regard to
war crimes and crimes against humanity
as enshrined in the RS).
Legislation on cooperation was enacted
on 10 July 2002.
R: 17 December
2003
Azerbaijan The process of ratification is impeded
by constitutional obstacles, e.g. the
immunity of state officials and the
possibility of granting pardon. Other
issues may arise, e.g. those connected
with the requirement of trial by jury in
the Criminal Procedural Code. No new
developments.
COMPLEMENTARITY �
COOPERATION �
The Criminal Code of September 2000
provides for individual criminal
responsibility for some crimes against
humanity and war crimes.
There is no legislation on cooperation.
Belarus No information available No information available
13
Belgium R: 28 June 2000 COMPLEMENTARITY �
COOPERATION �
Substantive provisions concerning
crimes in the Rome Statute were
enacted in August 2003.
Cooperation provisions were enacted in
March 2004.
R: 28 March 2005
Bosnia and
Herzegovina
R: 11 April 2002 COMPLEMENTARITY �
COOPERATION �
Criminal Code and Criminal Procedural
Code were enacted 24 January 2003 and
have been in force since March 2003.
The criminal code covers the crimes
under the Rome Statute.
Law on the implementation of the Rome
Statute of the ICC and on cooperation
with the ICC was adopted in October
2009.
A: 24 January 2012
Bulgaria R: 11 April 2002 COMPLEMENTARITY �
COOPERATION �
The criminal code includes crimes under
the Rome Statute.
The criminal procedure code and the
law on Extradition and European Arrest
Warrant, adopted in 2005 and in force
in April 2006, include provisions on
cooperation and regulate the procedure
for issuance and execution of requests
for extradition and surrender of persons
including those by the ICC.
R: 28 July 2006
Croatia R: 21 May 2001 COMPLEMENTARITY �
COOPERATION �
Criminal code of 2004 includes
provisions on command responsibility
and most crimes under the Rome
Statute.
Law on cooperation with the ICC was
enacted October 2003.
R: 17 December
2004
Cyprus R: 7 March 2002 COMPLEMENTARITY �
COOPERATION �
ICC Bill of 2006 includes genocide, war
crimes and crimes against humanity, to
be interpreted according to the ICC
Elements of Crimes.
No information on cooperation
legislation.
R: 18 August 2005
Czech Republic R: 21 July 2009 COMPLEMENTARITY �
COOPERATION *
The new Czech Criminal Code that
entered into force in January 2010
includes provisions on
complementarity: crimes against
humanity as defined by the Statute, a
definition of the crime of aggression, as
well as a brief definition of war crimes
and a negative definition of aggression.
The Czech Republic is currently in the
process of preparing an act on ‘Intl.
Judicial Cooperation in Criminal
Matters’ which should replace the
A: 4 May 2011
14
currant provisions in the Code of
Criminal Procedure. It will explicitly
regulate cooperation with the ICC. The
authorities are currently drafting a new
definition of the CoA in the Czech
Criminal code which is included in the
draft Act on Intl. Cooperation in
Criminal Matters.
Denmark R: 21 June 2001 COMPLEMENTARITY �
COOPERATION �
On 3 May 2001, the Danish Parliament
adopted the Danish Act on the
International Criminal Court,
authorizing ratification and including a
set of provisions on complementarity.
The provisions on cooperation between
the ICC and Denmark are in the ICC Act
of 16 May 2001. This act contains
provisions on extradition to the ICC, the
execution of ICC judgments in Denmark,
and the exclusion of jurisdiction of
Danish courts in criminal matters
already settled by the ICC.
R: 3 June 2005
Estonia R: 30 January 2002 COMPLEMENTARITY �
COOPERATION �
The 2002 Penal code incorporates
extensive definitions of genocide, war
crimes and crimes against humanity
under the section “Offences against
Humanity and International Security.”
The Penal Code also provides for the
non-applicability of statutory limitation
to offences against humanity.
Amendments to the criminal procedure
code concerning cooperation with the
ICC were made in 2001, together with
the ratification bill.
R: 13 September
2004
Finland R: 29 December 2000 COMPLEMENTARITY �
COOPERATION �
The “Act on Amendment to the Penal
Code ICC Crimes Act” was enacted 28
December 2000. Further amendments
to the criminal code were approved by
the Parliament in September 2007 and
entered into force on 1 May 2008.
The Cooperation Act was enacted on 28
December 2000.
R: 8 December
2004
15
France R: 9 June 2000 COMPLEMENTARITY �
COOPERATION �
The French ICC implementation bill was
adopted by the National Assembly on 13
July 2010, endorsing the text already
approved by the French Senate.
On 3 March 2010, the French MoJ
presented a draft law providing for the
establishment of a specialised unit to
deal with war crimes and crimes against
humanity.
Law on cooperation with the ICC was
enacted 19 February 2002.
R: 17 February
2004
Georgia R: 5 September 2003 COMPLEMENTARITY �
COOPERATION �
There is legislation including all the
crimes under the RS.
Cooperation provisions were enacted 14
August 2003.
A: 10 March 2010
Germany R: 11 December 2000 COMPLEMENTARITY �
COOPERATION �
Legislation including all the crimes
under the Rome Statute and cooperation
provisions was enacted 1 July 2002.
R: 2 September
2004
Greece R: 15 May 2002 COMPLEMENTARITY �
COOPERATION �
On 1 April 2011, the Greek Parliament
adopted a law for the implementation of
the RS of the ICC which contains both
complementarity (substantive criminal
law provisions) and cooperation
provisions.
R: 6 July 2007
Hungary R: 30 November 2001 COMPLEMENTARITY *
COOPERATION *
A draft package of amendments was
rejected by the Parliament in 2008. The
Ministry of Justice is preparing a new
draft that should have been sent to
Parliament in 2009.
There is no specific bill on cooperation,
but Act xxxviii of 1996 could be applied
and a cooperation agreement with the
Court is being negotiated.
No new developments.
R: 22 March 2006
Iceland R: 25 May 2000 COMPLEMENTARITY �
COOPERATION �
Law including both substantial and
cooperation provisions was adopted by
the Parliament in 2002.
R: 1 December
2003
16
Ireland R: 11 April 2002 COMPLEMENTARITY �
COOPERATION �
Criminal code of October 2006 deals
both with substantive criminal law and
cooperation with the Court. The bill
introduces into Irish legislation the
definition of crimes against humanity,
war crimes, ancillary crimes and crimes
against the administration of justice,
while the crime of genocide was already
incorporated as part of the
implementation of the Geneva
conventions.
The bill also regulates requests for
arrest and surrender by the ICC, as well
as the enforcement of ICC rulings and
compliance with requests to freeze and
confiscate assets of the accused.
R: 20 November
2006
Italy R: 26 July 1999 COMPLEMENTARITY �
COOPERATION *
A draft law including substantive and
cooperation provisions was prepared
back in 2003. On 8 June 2011, the Italian
Chamber of Deputies (Low Chamber)
adopted the draft law on cooperation
with the ICC. The draft was transmitted
to the Senate where it is pending
examination by the ‘Legal Affairs.”
R: 20 November
2006
Kazakhstan No recent developments
COMPLEMENTARITY �
COOPERATION �
In February 2007, the Senate adopted
the bill amending the law on
international treaties of Kazakhstan. The
amendments were initiated by MP
Sergey Kiselyov, who considers the law
adopted in May 2005 as being
inconsistent with the domestic legal
framework. Article 20 (2) of the law
states that in cases of conflict between
international treaties and Kazakh laws,
international treaties are subject to
change, suspension or termination of
the activity; this directly contradicts
Article 4(3) of the Constitution -
prioritizing international treaties
ratified by the Republic to domestic
legislation- and has been deleted. The
law has now been submitted to
Parliament. No further information
available.
No recent
developments
Kyrgyzstan S: 8 December 1998
No information available
17
Latvia R: 28 June 2002 COMPLEMENTARITY �
COOPERATION �
The Criminal Code deals with crimes
against humanity and peace, war crimes,
and genocide, but it does not cover all of
the elements of the crimes in the RS (no
specific definition of crimes against
humanity). Complementarity
amendments were prepared and
transmitted to the Parliament in
October 2008. Amendments include the
addition of a section on crimes against
humanity in accordance with Art 7 of
the RS; a more detailed definition of war
crimes with reference to international
and humanitarian law; criminal liability
for the public incitement to commit
genocide, crimes against humanity and
war crimes; and the denial of the
commission of those crimes.
There is no separate law dealing with
ICC cooperation. Several sections of the
Criminal Procedural Code provide for
cooperation with international courts,
for arrest and surrender of a person to
the ICC. and for enforcement of
sentences.
R: 23 December
2004
Liechtenstein R: 2 October 2001 COMPLEMENTARITY �
COOPERATION �
Liechtenstein has not yet adopted
legislation on the crimes under the ICC’s
jurisdiction. Only the crime of genocide
is covered by existing legislation. Harmonization of criminal code with the
definitions under the RS is not expected
in the short term. No new developments.
Law on cooperation adopted in October
2004.
In March 2012, the Parliament approved
all of the amendments to the Rome
Statute adopted at the 2010 Review
Conference, including on the crime of
aggression.
A: 21 September
2004
Lithuania R: 12 May 2003 COMPLEMENTARITY �
COOPERATION �
A new criminal code and criminal
procedural code entered into force on 1
May 2003 and include substantive
adaptation and cooperation provisions.
R: 30 December
2004
Luxembourg R: 8 September 2000 COMPLEMENTARITY �
COOPERATION �
A law addressing both complementarity
and cooperation is being drafted as of
June 2007. In Kampala, the Luxembourg
delegate (at the general debate) pledged
to finalise the draft law and transmit it
to the Parliament by the end of 2010. No
new development.
In February 2012, Luxembourg adopted
a law on cooperation with the ICC
http://www.chd.lu/wps/PA_1_084AIVI
R: 20 January 2006
18
MRA06I432DO10000000/FTSShowAtta
chment?mime=application%2fpdf&id=1
133025&fn=1133025.pdf and necessary
amendments to the criminal code to
fully implement the Rome Statute.
http://www.chd.lu/wps/PA_1_084AIVI
MRA06I432DO10000000/FTSShowAtta
chment?mime=application%2fpdf&id=1
133024&fn=1133024.pdf
Macedonia,
(FYR of)
R: 6 March 2002 COMPLEMENTARITY �
COOPERATION �
An amended criminal code was enacted
in September 2004. Crimes against
humanity are defined in terms
equivalent to those in the RS. War
crimes and genocide are also defined.
The criminal code is currently being
revised. The working group responsible
for amending the Law on Criminal
Procedure proposed special measures
for victims, especially child victims of
international crimes.
Chapter XXX of the criminal procedural
code addresses some of the provisions
under the Rome Statute on cooperation.
The issue of international cooperation
and mutual assistance in criminal
matters will be addressed in a separate
law. The drafts are expected to be
finished in 2009.
R: 19 October 2005
Malta R: 29 November 2002 COMPLEMENTARITY �
COOPERATION �
The ICC Act was enacted in November
2002 and covers complementarity and
cooperation. The ICC Act covers
substantive criminal law through
amendments to the Criminal Code that
introduce the crimes of the Rome
Statute; included are provisions on
Malta receiving prisoners from the ICC,
and the arrest and detention warrants
falling under the RS, although the
offences may have been committed
outside Malta.
A: 21 September
2011
Moldova R: 12 October 2010
COMPLEMENTARITY *
COOPERATION *
The criminal code enacted in July 2003
includes a comprehensive definition of
genocide. However, the definition of war
crimes is not consistent with the Rome
Statute, and there is no definition of
crimes against humanity.
The Ministry of Justice is currently
preparing a draft law in consultation
with civil society organisations to
modify the Criminal Code and Criminal
Procedure Code, to include definitions of
crimes.
Currently in the
process of
ratification
19
Monaco S: 18 July 1998 In order to ratify the Statute, Monaco
must first amend the Constitution in
relation to the executive powers of the
Royal Family. No new developments.
Montenegro R: 23 October 2006 COMPLEMENTARITY �
COOPERATION �
A new criminal code was adopted in
December 2003 and includes the crimes
under the Rome Statute.
The Parliament approved the law on
cooperation with the ICC on 27 July
2009.
R: 23 October 2006
The
Netherlands
R: 17 July 2001 COMPLEMENTARITY �
COOPERATION �
The International Crimes Act came into
force on 1 October 2003. The ICC
Implementation Act, in force since 1 July
2002, includes cooperation provisions
and gives the Dutch Government a
statutory basis for transferring suspects
to the ICC, protecting and guarding them
and transporting them to the Court; it
can also furnish the ICC with legal
assistance.
R: 24 July 2008
Norway R: 16 February 2000 COMPLEMENTARITY �
COOPERATION �
A chapter in the Penal Code
dealing with substantive
legislation was adopted in
February 2008 and entered into
force 7 March 2008. The new
provisions are based on the
definitions in the Rome Statute,
but are more extensive in that
they also include certain crimes
considered as war crimes under
international customary law
that are not in the Rome
Statute.
A law on cooperation with the ICC and
enforcement of sentences was enacted
15 June 2001.
R: 10 September
2002
Poland R: 12 November 2001 COMPLEMENTARITY �
COOPERATION �
A revised criminal code including the
crimes under the Rome Statue and the
principles of criminal law was enacted
in 2005, and a draft law amending the
Penal Code to fully comply with the
Rome Statute was adopted on 20 May
2010. The law is thus more precise and
reflects more correctly the construction
of crimes as established in the Rome
Statute, (on Chapter XVI issues – namely
crimes against peace, humanity and war
crimes)
A separate chapter of the Code of
Criminal Procedure on cooperation with
the ICC was enacted in November 2004.
R: 10 Feb 2009
20
Portugal R: 5 February 2002 COMPLEMENTARITY �
COOPERATION �
The law to implement complementarity
obligations under the Rome Statute was
adopted in May 2004 and was published
in the Official Journal (Diário da
República- I Série – A, No 171-22 July
2004).
There is no specific legislation on
cooperation with the ICC. Legislation on
international judicial cooperation from
1999 covers some aspects of
cooperation with the ICC. No new
developments.
R: 3 October 2007
Romania R: 11 April 2002 COMPLEMENTARITY � / *
COOPERATION �
A criminal procedural code was enacted
in 2003, and a law on cooperation was
enacted in July 2004. The criminal code
contains a chapter on crimes against
humanity, but the definitions are not
fully compatible with the Rome Statute.
Amendments to these definitions are
being drafted by the Minister of Justice
and Minister of Foreign Affairs. No new
developments.
The code of criminal procedure of 2003
and the law on international relations
and cooperation on criminal matters of
July 2004 cover cooperation with the
ICC.
R: 17 November
2005
Russian
Federation
S: 13 September 2000 At the beginning of 2008, a draft law on
ratification was prepared for
consideration by the office of the
President. During the spring of 2008, it
was withdrawn from the agenda. No
new developments.
San Marino R: 13 May 1999 No information available
Serbia R: 6 September 2001 COMPLEMENTARITY �
COOPERATION �
The criminal code which entered into
force in January 2006 includes the
crimes under the Rome Statute.
On 31 August 2009, the Parliament
adopted the law on cooperation with the
ICC.
R: 7 May 2004
Slovakia R: 11 April 2002 COMPLEMENTARITY �
COOPERATION �
Amendments to the criminal code
covering substantial criminal law were
adopted on 19 June 2002.
The criminal procedural code was
amended in June 2002 to include
provisions on cooperation.
New criminal code and criminal
procedural code drafts are currently
being discussed.
R: 26 May 2004
21
Slovenia R: 31 December 2001 COMPLEMENTARITY �
COOPERATION �
The amendments to the criminal code
which entered into force 5 May 2004
cover the implementation of substantive
provisions of the Rome Statute.
The law on cooperation with the ICC
was enacted 25 October 2002.
R: 23 September
2004
Spain R: 24 October 2000 COMPLEMENTARITY �
COOPERATION �
The criminal code enacted on 26
November 2003 includes the crimes
under the RS.
The law on cooperation with the ICC
was enacted in December 2003.
In October 2009, Spanish Parliament
amended Spain’s universal jurisdiction
legislation. The amendments, entered
into force in November, introduce,
among others, the presence
requirement or the passive personality
of the victim in order to start a case.
R: 24 September
2009
Sweden R: 28 June 2001 COMPLEMENTARITY *
COOPERATION �
Following a Government resolution of
Oct 2000, a Commission was appointed
to review Swedish legislation on
criminal responsibility for International
Crimes and jurisdiction over such
crimes. In Nov 2002, the Commission
issued its report which entailed a
proposal to amend the current penal
law. Preparations are currently taking
place within the Ministry of Justice
towards introducing a Govt bill during
2012.
The Act on cooperation with the ICC
adopted on 25 April 2002 covers arrest
and surrender to the Court, other forms
of Cooperation and enforcement of
sentences and other decisions.
R: 13 January 2005
Switzerland R: 12 October 2001 COMPLEMENTARITY �
COOPERATION �
The draft law on complementarity was
opened to public consultation and was
adopted by the government in April
2008. In March 2009. the National
Council (lower house) adopted the draft
law implementing Rome Statute
complementarity obligations.
In August 2009, the Legal Affairs
Committee of the Council of States
(higher chamber) started discussing the
draft law and invited civil society
representatives to a hearing. On 18
March 2010, the Council of States
passed the federal law incorporating
Rome Statute crimes into the Swiss
penal code. The law will only apply to
those crimes committed in the future.
The National Council will have to
S: 10 September
2002
22
examine the divergence between this
version and the one adopted by the
Council of States resulting from small
differences between the texts.
On 18 June 2010, the Swiss parliament
adopted a bill implementing the Rome
Statute in the Swiss penal code and
providing for universal jurisdiction over
genocide, war crimes and crimes against
humanity.
The law on cooperation with the ICC
was enacted 21 June 2001.
Tajikistan R: 5 May 2000 No recent development.
Turkmenistan No information available No information available
Turkey The 3rd National Program of Turkey
for the Adoption of the EU Acquis,
adopted by the Government in
December 2008 also mentions the ICC
and the fact that the work required for
Turkey to become a party to the ICC is
ongoing. No new developments.
COMPLEMENTARITY *
COOPERATION �
The Turkish Criminal Code adopted in
2004 includes definitions of crimes
against humanity and genocide but not
war crimes.
There is no law on cooperation with the
ICC, but the Turkish Constitution
includes an article regarding
cooperation approved in May 2004 by
the Turkish Parliament, which states
that "No citizen shall be extradited to a
foreign country on account of an offence
accept under obligations resulting from
being a party to the International
Criminal Court." This amendment has
been signed and published in the official
gazette on the 22 May 2004. No new
developments.
Ukraine S: 20 January 2000
All attempts to ratify the RS have been
unsuccessful so far. In June 2008, the
MoJ and MFA submitted to the
Constitutional Council constitutional
amendments allowing for the
ratification of the Statute. There is no
information yet on the content of the
amendments or on the ruling by the
Council.
Following an ICC mission to the
country in April 2012, Ukraine Foreign
Minister Mr Gryshchenko expressed
his country’s appreciation of the ICC’s
important mission and informed
President Song that Ukraine intends to
join the Rome Statute once the
necessary legal preconditions have
been created in the context of the
upcoming review of the country’s
constitution. “In the meantime,
Ukraine remains fully supportive of
the ICC’s operations and continues to
follow the Court’s work closely,” he
stated. A Constitutional Assembly will
be formed in 2012 to consider
amendments to the constitution that
could include measures to address the
COMPLEMENTARITY *
COOPERATION �
The Ministry of Justice established an
inter-ministerial working group tasked
to prepare the ICC ratification and
implementation bills, both of which
would incorporate civil society
recommendations. To date, there is no
information on the status of the
implementation bill.
A: 29 January 2007
Ukraine is the first
non-State Party to
accede to the APIC.
23
obstacles to ratification highlighted by
the Constitutional Court in its ruling
on the matter in 2001.
United
Kingdom
R: 4 October 2001 COMPLEMENTARITY �
COOPERATION �
Cooperation and substantive provisions
enacted in 2001.
The UK is in the final stage of
negotiating a Sentence Enforcement
Agreement. However, a legislative
amendment regarding extradition is
required before signature is possible.
UK members of Parliament announced,
in July, a proposed change in existing
legislation to allow for a limited
retrospective application of the ICC Act
for crimes committed since 1991; the
changes, adopted by the House of Lords
on 26 October 2009, also clarified and
slightly expanded the residence
requirement. The provisions (will)
enter(ed) into force on 6 April 2010.
R: 25 January 2008
Uzbekistan S: 29 December 2000
No information available No information available
24
IV. ASIA/PACIFIC
States Rome Statute
Signature (S), Ratification (R) or
Accession (A) date
Implementation
Into domestic law
APIC
Signature (S),
Ratification (R), or
Accession (A) date
Afghanistan
A: 10 February 2003 COMPLEMENTARITY *
COOPERATION *
In March 2005, the Government
appointed an inter-ministerial
Commission consisting of senior
officials of the MFA, MoJ, Ministry of the
Interior, Supreme Court, the University
of Kabul and civil society organization
APAMR to evaluate and determine
steps to implementing the RS. During a
roundtable held in March 2006, the
Commission expanded membership to
other actors, including civil society
organizations. The Afghani Human
Rights Commission – a national human
rights commission which is
independent in its functions and
decisions – prepared a preliminary
draft on ICC implementing legislation
which received feedback from various
actors involved in the process. The
draft was then presented to the MoJ,
where it has remained since 2007. It
has still to go to the cabinet, then to the
president and finally to the parliament
for approval.
Australia R: 1 July 2002 COMPLEMENTARITY �
COOPERATION �
Bangladesh R: 23 March 2010
COMPLEMENTARITY �
COOPERATION �
In 2009, the Parliament of Bangladesh
amended the International Crimes
(Tribunals) Act from 1973 to include
not only members of the armed forces,
but any individual or group of
individuals, and removed the provision
that allowed these cases to be
prosecuted before a military tribunal.
This law provides the legal basis to
investigate and prosecute war crimes,
crimes against humanity, and genocide.
Cambodia R: 11 April 2002 COMPLEMENTARITY �
COOPERATION �
The process of implementation of ICC
crimes into the penal code has already
been completed, and the penal code
was adopted by the National Assembly
in November 2009. Civil society is still
pressing for the adoption of legislation
regarding cooperation with the Court.
China The ICC Project Office of Beijing
Normal University in China has been
working on increasing national
COMPLEMENTARITY �
COOPERATION �
CICC members have translated
25
awareness of the ICC. Last year, a
project translating key ICC
implementing legislation into Chinese
was finalized, and several capacity-
building workshops for different
government representatives as well as
academics have been held. Regional
ICC Seminars, in which ICC officials as
well as government and judicial
functionaries have participated, have
also taken place in various Chinese
provinces.
comparative ICC implementing
legislation into Chinese to support the
ratification/implementation process.
Cook Islands R: 18 July 2008 COMPLEMENTARITY *
COOPERATION *
In the process of adopting cooperation
and complementarity legislation.
Fiji R: 29 November 1999 COMPLEMENTARITY *
COOPERATION �
The government set up an inter-
ministerial working group, which
produced an ICC implementing
legislation draft.
No further information.
India There appears to be no real move on
the part of the present Indian
government towards accession of the
treaty. However, activities on the ICC
in India in the past year have
generated greater participation and
interest from diverse constituencies
including parliamentarians, academia,
media and various civil society groups.
Not addressing the issue at this time
Indonesia Through Presidential Regulation No.
23/2011, accession to the Rome
Statute has been included within the
National Human Rights Plan for the
period 2011-2014. Accession had also
been included in the previous plan
(2007-2010).
Local groups, supported by the CICC
and organizations such as PGA have
been working together with the
government and Parliament to ensure
that the deadline is met. Civil society
groups have also assisted in the
drafting of the accession bill as well as
with a study related to
implementation concerns.
Misinterpretations of some aspects of
the Rome Statute remain as an
important obstacle, namely the scope
of the principle of complementarity,
the determination, for admissibility
purposes, of when a state is
considered to be unwilling or unable
to carry out genuine investigations for
ICC crimes, and the role of the
Prosecutor.
As of December 2011, during a CICC
COMPLEMENTARITY �
COOPERATION �
Law #26, also known as the Human
Rights Code, adopted in 2000 includes
two crimes under the jurisdiction of the
Court: genocide and crimes against
humanity. The same law created a
human rights court to prosecute crimes
of this nature.
26
mission to Jakarta, the Ministry of
Foreign Affairs, Ministry of Justice and
Human Rights, and the National
Human Rights Commission have all
endorsed accession..
Japan A: 17 July 2007 COMPLEMENTARITY �
COOPERATION �
On 28 March 2007, the related ICC
cooperation laws were approved by the
Committee on Foreign Affairs of the
Diet's Lower House. The Upper House
also unanimously approved them on 27
April 2007.
Kiribati Kiribati has not acceded to the Rome
Statute.
Kiribati has not
acceded to the
Agreement on the
Privileges and
Immunities of the
Court.
Lao PDR In early 2005, the Lao government in
coordination with UNDP and the EU
initiated a project aimed at promoting
ratification and implementation of the
RS. Lao PDR needs to fully implement
the RS prior to ratification. As of mid
2006, a proposal based on the study to
implement the RS was still with the
Prime Minister’s Office. The PM’s
office directed the MFA to further
study the ICC. Currently, a six month
project is being implemented to
prepare for ratification and
implementation.
(See RS column)
Malaysia The Malaysian Cabinet approved
accession to the RS in March 2011.
The Attorney General’s Office s
exploring the possibility of completing
the implementation process prior to
accession.
COMPLEMENTARITY *
COOPERATION *
The Attorney General’s Office is
working on an ICC law as part of its
domestic process of ratifying an
international treaty.
Note: Malaysia has formed a court
under the initiative of its former prime
minister, Dr. Mahathir Mohamad, with
the jurisdiction to try war crimes.
Maldives A: 21 September 2011
No information available
Marshall
Islands
R: 7 December 2000
No information available
Mongolia R: 11 April 2002 COMPLEMENTARITY *
COOPERATION *
An inter-ministerial committee was
formed in 2004 to work on the draft
ICC Bill. In November 2006, Parliament
formed a new working committee to
prepare the draft amendments to the
Criminal Code and Criminal Procedure
Code. In January 2007, the Mongolian
National Legal Center organized a
workshop on the results of
S: 4 February 2003
27
comparative research of Mongolian
legislation and all international
criminal law treaties to which Mongolia
is a party.
Later that year, the Mongolian Coalition
for the ICC collaborated with research
institutes to prepare a draft of
amendments for implementing the RS
in the Criminal Code and Criminal
Procedure Code of Mongolia (2002).
This was submitted to the working
committee at the Ministry of Justice
and Home Affairs of Mongolia in
December 2007. The Coalition
subsequently organized meetings with
Parliament members, in order to
ensure that the draft amendments were
introduced with effective follow up.
Some MPs promised to support the
implementation process; however,
there is a new Parliament as of mid-
2008 so it will be necessary to focus
efforts on new members.
Nauru R: 12 November 2001 Not addressing the issue at this time.
New Zealand R: 7 September 2000
COMPLEMENTARITY �
COOPERATION �
New Zealand has introduced legislation
on the crime of aggression, the first
state party to do so.
R: 14 April 2004
Nepal In June 2006, the Nepalese Parliament
unanimously issued a “commitment
resolution” (Sankalpa) directing
Parliament to ratify the RS. During a
mission to the country in mid- 2006,
the PM, DPM, and House Speaker
expressed to the CICC that accession
to the ICC treaty would take place
shortly. During a subsequent mission
in September 2007, the government
once again reiterated its support for
the process. Recent political
developments in the country have
shifted focus away from the ICC. Local
groups have been pressing the
government to meet this commitment
and continue to address the issue. In
July 2009, during an AI mission to
Nepal, the new foreign minister made
a commitment that Nepal would ratify
the ICC treaty.
According to sources, the government
has reportedly endorsed accession to
the RS; however, political changes
have stalled the accession process.
COMPLEMENTARITY �
COOPERATION �
An inter-agency working group was
organized by the Office of the Prime
Minister to study the implications of
Nepal’s membership in the ICC,
including the laws that need to be
revised in case it decides to join the
Court. The Working Group submitted
its report in 2007, but there has been
no additional information since that
time.
Palau Palau did not sign the Rome Statute. Palau has not signed
the Agreement on
Privileges and
Immunities.
Pakistan Despite activities conducted by civil
society groups in the country to
No information available
28
revitalize the issue of ICC ratification,
the government has not moved
forward on the issue. The current
unstable political situation and other
issues are taking precedence.
The Philippines R: 30 August 2011
COMPLEMENTARITY �
COOPERATION *
Republic Act 9851, also known as the
International Humanitarian Law Bill,
was signed into law by President
Arroyo on December 11, 2009. The law
provides a definition and penalties for
IHL crimes, genocide and crimes
against humanity. It also provides for
criminal liability of commanders and
other superiors under the principle of
command responsibility; protection of
civilians, non-combatants, witnesses as
well as reparations to the victims. It
further provides for the universal
jurisdiction over persons, whether
military or civilian, suspected or
accused of the crimes defined and
penalized under the law, and
designates the regional trial court as
having original and exclusive
jurisdiction over the international
crimes punishable under the law.
A Working Group on ICC
Implementation consisting of
representatives from relevant
government agencies and civil society
was convened in January 2012,
initiated by the Institute for
International Legal Studies, Law
Center, University of the Philippines, in
consultation with the CICC-Asia/Pacific.
The six month- project is expected to
produce draft implementation laws for
submission to the relevant agency for
approval. The Working Group hopes to
complement existing laws to complete
the requirements for the RS
implementation law.
Republic of
Korea
R: 13 November 2002 COMPLEMENTARITY �
COOPERATION �
The Korea Implementing Act was
passed by the National Assembly on 23
November 2007.
The Ministry of Justice promulgated
this Act on 21 December 2007.
Civil society is trying to get a copy of
the law translated into English in order
to publish it in other countries.
The English version of the
implementation law has been
completed and made available at the
government website.
R: 18 October 2006
Samoa R: 16 September 2002 COMPLEMENTARITY �
COOPERATION �
Enacted International Criminal Court
29
Act in late 2007.
Singapore No information available
Sri Lanka The government set up a working
group to evaluate ICC ratification in
2005. No further information on the
process is available at this time.
Solomon
Islands
S: 3 December 1998 No information available
Thailand S: 2 October 2000
Under a new government, a renewed
interest on the ICC has been observed.
The foreign minister, in a public
statement in August 2009, said that
Thailand will honor all
the international treaties it has signed,
including the ICC.
Timor-Leste A: 6 September 2002 COMPLEMENTARITY �
COOPERATION �
In 30 March 2009, the President of
Timor-Leste promulgated the new
Penal Code for Timor-Leste, under
Decree-Law No.19/2009, which
includes a section on genocide, crimes
against humanity and war crimes. The
Decree-Law was published in Timor-
Leste's Official Gazette on 8 April 2009
and entered into force 60 days after the
publication date.
Tuvalu No information available
Vanuatu A: 2 December 2011
COMPLEMENTARITY *
COOPERATION *
In 2001, Vanuatu passed a law
authorizing national courts to
investigate and prosecute Rome Statute
crimes. While Vanuatu has yet to fully
implement the Rome Statute into its
domestic legislation, this represents an
important step towards putting into
practice the principle of
complementarity. Vanuatu is also
currently working on enacting
legislation on cooperation with the ICC.
Afghanistan, Cook Islands, Malaysia,
and the Philippines are also in the
process of adopting cooperation
legislation, and Fiji, Malaysia,
Afghanistan, and Cook Islands are
working toward incorporating the RS
into national legislation.
Vietnam In April 2006, under EU sponsorship, a
delegation of 14 legal experts led by
Vice-Min. of Justice went to the ICC for
a study tour. In October, the Vietnam
Lawyer’s Association (VLA) published
two books on the ICC: (1) a translation
of core documents including the RS
and the Rules of Procedure and
Evidence and (2) an introductory book
on related issues including the ICC’s
mandate, jurisdiction, and structure.
On the occasion of President Kirsch’s
presentation on the ICC to the UNGA in
October 2007, Vietnam stated that it is
Not addressing the issue at this time
30
seriously considering accession to the
ICC Treaty. The Ministry of Justice and
the EC delegation in Vietnam hosted a
workshop on 24-25 April, 2008 on the
ICC for government officials and other
actors. The VLA is optimistic that
Vietnam will join the ICC in due time.
31
V. AFRICA
States Rome Statute
Signature (S), Ratification (R), or
Accession (A) date
Implementation
Into domestic law
APIC
Signature (S),
Ratification (R), or
Accession (A) date
Angola S: 7 October 1998
In May 2007, Angola committed to
ratify the RS as part of its voluntary
pledge to promote human rights in the
context of its candidacy to the UN
Human Rights Council for the term
2007-2010.
COMPLEMENTARITY *
COOPERATION �
Angola is in the process of drafting a
new penal code. The Angola Draft bill
includes a section on crimes of the RS,
but its progress has been delayed.
Benin R: 22 January 2002 COMPLEMENTARITY *
COOPERATION *
The draft (available) is in circulation. It
covers both complementarity and
cooperation. On June 2008, the
President of Benin sought the legal
opinion of the Supreme Court. On
September 2009, the draft was reviewed
and handed over to the government for
consideration of the amendments made
by the Supreme Court. Once the Council
of Ministers adopts the implementation
legislation bill, the government will then
send the draft bill to the National
Assembly for enactment.
R: 24 January 2006
Botswana R: 8 September 2000
Botswana has ratified the Rome Statute
but has yet to implement the treaty in its
national law.
R: APIC on 13
November 2008
Burkina Faso R: 16 April 2004 COMPLEMENTARITY �
COOPERATION �
On 31 December 2009, the
implementation law was promulgated
by the President. Prior to that, on 3
December 2009, the Parliament
unanimously adopted the
implementation bill on the ICC. This law
covers both complementarity and
cooperation and does not retain the
death penalty.
R: 10 October 2005
Burundi R: 21 September 2004 COMPLEMENTARITY �
COOPERATION *
The new criminal code abolishes the
death penalty and makes torture, war
crimes, genocide and crimes against
humanity criminal offences under
Burundian law.
Work on the cooperation law is in
progress. A new draft of the penal code
is before the National Assembly, and the
UN is contributing to the drafting of a
new Criminal Procedural Code.
However, certain improvements to
Burundi’s Implementation legislation by
comprehensively embracing all clauses,
32
including the relevant clauses on
complementarity and cooperation, are
still necessary.
Cameroon S: 17 July 1998
Government officials affirm that there
are no political reasons holding back
ratification. They also affirm that a
ratification law has been adopted by
the government, but the draft has yet
to be adopted by Parliament. The ICC
and the CICC have continued to
exhaust efforts to ensure pressure is
consistent on state officials regarding
ratification.
Cape Verde R: 10 October 2011
COMPLEMENTARITY �
COOPERATION �
The Penal Code that entered into force
on 1 July 2004 includes a section on
crimes against the international
community.
Central African
Republic
R: 3 October 2001 COMPLEMENTARITY �
COOPERATION �
The drafting process of the new Penal
Procedural Codes including both
complementarity and cooperation
provisions was completed and copies of
the draft code were sent to the ministers
for review. After approval by Cabinet,
the draft will proceed to the National
Assembly for debate and approval. The
laws were adopted in 2010.
R: 10 October 2006
Chad R: 1 November 2006 COMPLEMENTARITY �
COOPERATION �
The Penal Code of Chad was last updated
in the 1950s. National experts affirm
that none of the international treaties
and human rights instruments ratified
by Chad have ever been incorporated
into national law. The ICRC has started
working with the relevant Ministry of
Foreign Affairs department to create a
National Commission for Humanitarian
Law – a group of experts who would
work on implementing Geneva
Conventions into national law. The NC
CICC has pushed for government’s
consideration of a draft for the RS
implementing legislation to be facilitated
while the Penal Code of Chad is under
ongoing review and reform.
Comoros R: 18 August 2006
COMPLEMENTARITY *
COOPERATION *
A draft bill covering complementarity
and cooperation resulting from a joint
workshop civil society/government held
in September 2008 has been adopted by
the Council of Ministers. Due to the
government’s openness, many
stakeholders, including AI and PGA, have
provided input and observations which
33
have been widely incorporated into the
draft. The draft is presently before the
Parliament awaiting deliberations,
which will lead to the implementation of
the draft into law. In December 2011,
Parliament adopted the implementation
bill. Following administrative matters,
the Bill will be transmitted to the
President for his concurrence.
Previously, a bill on cooperation which
was not comprehensive was enacted by
Parliament.
Congo
(Brazzaville)
R: 3 May 2004 COMPLEMENTARITY *
COOPERATION *
A draft bill including both cooperation
and complementarity provisions has
been reviewed by the Supreme Court for
improvement and amendments on the
government request. The draft bill is
currently with the government, which
will incorporate as appropriate the
amendments and observations from the
Supreme Court and thereafter send the
draft bill to the Parliament for
enactment.
Cote d’Ivoire S: 30 November 1998
In April 2003, Cote d’Ivoire accepted
the jurisdiction of the ICC under the
provisions of Article 12 (3) of the RS,
raising hopes among civil society
members that the government would
promptly ratify. However, despite
consistent pressure by CICC members,
the government has not made any
progress towards ratification. The
national coalition continues its efforts
by sharing knowledge on international
criminal justice, giving interviews, and
holding conferences for authorities
and. It is believed that the armed
conflict has played a major role in
delaying ratification.
Dem. Rep. of
Congo
R: 11 April 2002 COMPLEMENTARITY *
COOPERATION *
In September 2005, the government
adopted draft implementing legislation
incorporating both complementarity and
cooperation provisions, and a
memorandum was sent to the President
of the National Assembly for
consideration. After extensive input
from civil society and international
experts, the draft implementation law
went to Parliament for approval by both
houses of the legislature to ensure its
official promulgation into law.
On September 25, 2009, during the
opening ceremony of the current
parliamentary session and following
successful lobbying from CICC members
for the enactment of the draft
R: 3 July 2007
34
implementing legislation, the law was
put on the definitive calendar of
activities. It was confirmed during the
General debate at the 8th ASP. The draft
text should now be undergoing revision
by the Commission Politique, Juridique
et Administrative and will subsequently
be submitted to the plenary, which will
review the law before voting on it. After
a final revision by the Senate, the law is
expected to be promulgated before the
Review Conference.
In 2011, the draft text was ready to be
transmitted to the Senate for its review
and concurrence. However, due to
parliamentary elections, the draft was
not included on the agenda of the
National Assembly. It is expected that it
will be included on the agenda of its
sessions in 2012.
Djibouti R: 5 November 2002 Djibouti has ratified the Rome Statute
but has yet to implement the treaty into
its national law.
Eritrea S: 7 October 1998
Tensions with Ethiopia might be
causing the delay in progress toward
ratification.
Ethiopia During the CICC Africa Strategy
Meeting held in Addis Ababa in June
2007, a delegation of CICC members
met with the Minister of Justice of
Ethiopia. He informed the CICC
delegation that the government has
passed a draft law for accession to the
RS. However, given its vocal
opposition to the arrest warrant
issued for Sudanese President Al-
Bashir and the implementation of
legislation restricting the movements
of local human rights NGOs,
ratification of the ICC does not seem
likely in the near future, although the
last ASP saw the establishment of an
ICC liaison office in Addis Ababa.
COMPLEMENTARITY �
COOPERATION �
The Penal Code of Ethiopia contains
genocide, crimes against humanity, and
war crimes as delineated in the RS.
Equatorial
Guinea
Not addressing the issue at this time.
Gabon R: 20 September 2000 COMPLEMENTARITY *
COOPERATION *
Since June-July 2008, there has been a
draft bill on Gabon’s penal code which
has been made available but only covers
some aspects of complementarity.
Presently, the government has given the
go ahead for a review by national and
international experts in order to come
up with a more comprehensive draft
that will cover both complementarity
and cooperation clauses. The situation
has encountered a stalemate with the
important political changes resulting
from the death of former President
A: 22 September
2010
35
Omar Bongo.
Gambia R: 28 June 2002 COMPLEMENTARITY �
COOPERATION �
Although political will on the part of the
government exists, technical assistance
is required to see implementation
through to completion.
Ghana R: 20 December 1999 COMPLEMENTARITY *
COOPERATION *
The draft was completed without civil
society input and it is currently before
the Cabinet for approval before being
presented to Parliament for enactment.
The draft is not yet available to the
public.
S: 12 September
2003
Guinea R: 14 July 2003 COMPLEMENTARITY �
COOPERATION �
The government and NGOs have agreed
to create a drafting committee; the
committee has yet to be set up by the
new government due to the process of
settling in, which has inevitably shifted
focus.
S: 1 April 2004
Guinea-Bissau S: 12 September 2000
A constitutional revision appears to be
needed prior to ratification.
COMPLEMENTARITY *
COOPERATION �
The current penal code includes a
section on international crimes, but it
needs to be updated to be fully in line
with the RS.
Kenya R: 15 March 2005 COMPLEMENTARITY �
COOPERATION �
The government of Kenya published the
International Crimes Bill in 2006, which
was discussed in a workshop organized
by the Kenya National Commission on
Human Rights. The 2008 version of the
bill was passed into law by the Kenyan
parliament on 12 Dec 2008.
Lesotho R: 6 September 2000 COMPLEMENTARITY *
COOPERATION �
A draft implementation bill exists and is
in the possession of the Cabinet, but has
not yet been made public.
R: 16 September
2005
Liberia R: 22 September 2004 COMPLEMENTARITY �
COOPERATION �
During a joint mission by AI and CICC
from January - February 2007, the
Liberian Coalition was formed to partner
with the government on the domestic
implementation of the RS. Government
officials in Liberia also argue that
international instruments ratified by
Liberia are self-executing and may not
require further implementation. There is
no hostility vis-à-vis the ICC but the
government is not showing willingness
to speed up the implementation process.
R: 16 September
2005
Madagascar R: 14 March 2008
COMPLEMENTARITY �
COOPERATION �
S: 12 September
2002
36
Presently, the government is in the
process of gathering information and
expertise that would help to complete
the implementation process. The
government is open to implementation
of the RS and working with civil society
groups throughout the process. It is
believed that the persistent political
crisis and rampant human rights
violations have played a major role in
delaying the completion of the
implementation process despite the
enthusiasm demonstrated by civil
society towards the RS.
Malawi R: 19 September 2002
COMPLEMENTARITY �
COOPERATION �
Malawi has yet to adopt the necessary
legislation to implement the Statute in
domestic law. As Malawi is currently
chairing the African Union, many would
like Malawi to take a leadership role in
Africa for the adoption of Rome Statute
implementing legislation. In March 2010
CICC members applauded the
mobilization of the Malawi legal
profession that recommended the
establishment of a governmental
strategy for a timely implementing
legislation.
A: 7 October 2009
Mali R: 16 August 2000 COMPLEMENTARITY �
COOPERATION �
Mali has enacted legislation (Loi no. 01-
079 du 20 août 2001 portant Code
Penal) implementing only
complementarity obligations.
Commitments have been made to
complete the implementation process by
2010.
R: 8 July 2004
Mauritania Mauritania has not signed nor ratified
the Statute. However, its ratification of
other instruments that uphold the
protection and defense of human
rights nationally and internationally
makes Mauritania’s non -
consideration of RS ratification
atypical. Incoming reports from our
members attest their efforts to
sensitize and mobilize various
stakeholders to push for ratification,
but there has been no significant
breakthrough to date.
Mauritius R: 5 March 2002 COMPLEMENTARITY �
COOPERATION �
Mauritius completed its draft bill
implementing Rome Statute crimes into
its domestic legislation as well as
providing for cooperation provisions,
which it transmitted to Parliament in
2011. The bill (Act No. 27 of 2011) was
adopted in July 2011.
Mozambique S: 28 December 2000
37
Ratification is under consideration by
the government.
Namibia R: 25 June 2002 COMPLEMENTARITY �
COOPERATION �
Namibia has ratified the Rome Statute
but has yet to implement the treaty in
her local law. The drafting has started,
but there is no recent information.
2011: Namibia has a draft bill that is
currently being revised
R: 29 January 2004
Niger R: 11 April 2002 COMPLEMENTARITY �
COOPERATION �
Niger has enacted legislation
implementing only complementarity
obligations. However, certain
improvements to Niger’s
implementation legislation by
comprehensively embracing all clauses,
including the relevant clauses on
complementarity and cooperation are
still necessary.
The political situation is favorable to
allowing civil society to discuss
implementation of cooperation
provisions.
S: 11 April 2002
Nigeria R: 27 September 2001 COMPLEMENTARITY *
COOPERATION *
The 2006 Rome Statute (Ratification and
Jurisdiction) Bill was passed by both
houses of the National Assembly but was
not harmonized for assent by the
President before the end of the last
civilian administration in May 2007. The
bill is to be resubmitted by the Ministry
of Justice.
Rwanda The CICC organized a conference on
the International Criminal Court on 14
September 2007 in Kigali. On this
occasion, a delegate for the General
Attorney’s Office declared that the ICC
was a positive instrument in the fight
against impunity, and that Rwanda
should accede to the RS. Civil society
members continue to sensitize and
mobilize various stakeholders in their
respective to push for ratification.
COMPLEMENTARITY �
COOPERATION �
The new draft penal code includes the
crime of genocide, crimes against
humanity, and war crimes, and gives
universal jurisdiction over these crimes
to Rwandan tribunals, provided that the
suspect is physically present in Rwanda.
The Rwandan Constitution declares that
statutes of limitations are not applicable
to genocide, crimes against humanity
and war crimes. The Rwandan
Parliament has recently adopted a law
abolishing the death penalty.
Sao Tome &
Principe
S: 28 December 2000
Ratification does not seem to be a
priority.
Not addressing the issue at this time.
Senegal R: 2 February 1999
COMPLEMENTARITY �
COOPERATION �
The implementation process was
completed in March 2007 with the
adoption of the law providing for
complementarity and cooperation. The
law was duly published in the National
Gazette of the Republic of Senegal.
S: 19 September
2002
38
Seychelles R: 10 August 2010
No information available S: 28 December
2000
Sierra Leone R: 15 September 2000 COMPLEMENTARITY *
COOPERATION *
Since April 2008, the Minister of Justice
has been working on the draft bill which
is not yet public. It is expected that the
draft will be open to civil society input
once finalized and approved by the
Cabinet, prior to being transmitted to
the Parliament.
S: 26 September
2003
Somalia No information available
South Africa R: 27 November 2000 COMPLEMENTARITY �
COOPERATION �
Law covering complementarity and
cooperation enacted and available.
South Sudan The South Sudan government has
expressed interest in joining
international treaties, including
human rights treaties such as the RS.
As of December 2011, however, the
government has not made joining the
RS system a priority as it has
expressed it has other pressing issues
to deal with, namely the border
conflicts among other issues. It has
started ratifying various HR treaties
though.
Sudan S: 8 September 2000 – withdrawn. Sudan withdrew its signature to the RS
on 8 August 2008.
Swaziland There is no hostility vis-à-vis the ICC.
The lack of awareness and dearth of
vibrant civil societies on the ground to
sensitive and mobilize stake holders
has been the major obstacle to
accession of the RS.
Tanzania R: 20 August 2002
The CICC is working with NGOs and
CSOs in Tanzania to translate the RS
and APIC into Swahili to enhance
advocacy of the domestic
implementation of the RS in Tanzania
and the entire East African region.
COMPLEMENTARITY �
COOPERATION �
The Tanzania delegation at the ASP
stated that the Tanzanian Government
had already drafted a Bill on the Rome
Statute that is being discussed within
government departments.
Technical assistance and pro-activeness
are what is required to supplement
political will on the part of the
government. The government has to
make the bill public in order to gender
civil society interest, and expertise
inputs to adequately standardize the
draft before it can be sent to parliament
for approval.
S: 27 January 2004
Togo Although officials have constantly
reaffirmed their commitment to
Togo’s accession to the RS, no
significant steps have been taken thus
far. Several missions, and activities in
the past has not impacted on the
government.
39
Uganda R: 14 June 2002
COMPLEMENTARITY �
COOPERATION �
On 10 March 2010, Parliament passed
the 2006 International Criminal Court
Bill, three years after it was tabled. It has
yet to be signed by the president and
officially enacted. The Act makes
provision in Uganda’s law for the
punishment of the international crimes
of genocide, crime against humanity and
war crimes. The suspects tried and
convicted for the crimes will be liable to
life imprisonment.
The Act is also intended to enable
cooperation with the ICC in the
performance of its functions, including
the investigation and prosecution of
persons accused of having committed
crimes referred to in the Rome Statute. It
further provides for the arrest and
surrender to the ICC of persons alleged
to have committed crimes against
humanity in addition to enabling the ICC
to conduct proceedings in Uganda.
R: 21 January 2009
Zambia R: 13 November 2002 COMPLEMENTARITY �
COOPERATION �
During a workshop organized in 2006 by
the CICC and Zambia’s national coalition,
the Minister of Justice pledged to start
the implementation process. However,
the elections and constitutional changes
that followed have delayed progress.
Zimbabwe S: 17 July 1998
The persistent political crisis and
rampant human rights violations are
the main reasons for the government’s
refusal to ratify despite the
enthusiasm demonstrated by civil
society towards the RS. However
NGOs and CSOs have shown strong
commitment to the use of
international justice mechanisms in
ending human rights violations in the
country.
No information available
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