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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


Accession (A) date

Implementation

Into domestic law

APIC

Signature (S)


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 �


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 �


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 �


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 �


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 �


Libya The situation in Libya has been

referred to the ICC by UN Security

Council Resolution 1970.

COMPLEMENTARITY �

COOPERATION �


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 �


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 �


Saudi Arabia No information available. COMPLEMENTARITY �

COOPERATION �


11

Syria S: 29 November 2000

COMPLEMENTARITY �

COOPERATION �


Tunisia A: 24 June 2011

COMPLEMENTARITY �

COOPERATION �


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 �


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),


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


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.


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.


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),


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


Marshall

Islands

R: 7 December 2000


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


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


Accession (A) date

Implementation

Into domestic law

APIC

Signature (S),


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


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.


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.


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