States parties to the Rome Statute

Last updated
.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{}
State party
Signatory that has not ratified
State party that subsequently withdrew its membership
Signatory that subsequently withdrew its signature
Non-state party, non-signatory ICC member states.svg
  State party
  Signatory that has not ratified
  State party that subsequently withdrew its membership
  Signatory that subsequently withdrew its signature
  Non-state party, non-signatory

The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.

Contents

States parties

There are 124 states parties to the Rome Statute. [1] [2]

State party [1] SignedRatified or accededEntry into force A1 [3] A2 [4] A3 [5] A4 [6] A5 [7] A6 [8]
Flag of Afghanistan (2013-2021).svg  Afghanistan 10 February 20031 May 2003
Flag of Albania.svg  Albania 18 July 199831 January 20031 May 2003
Flag of Armenia.svg  Armenia [upper-alpha 1] 1 October 199914 November 20231 February 2024
Flag of Andorra.svg  Andorra 18 July 199830 April 20011 July 2002In forceIn forceRatified
Flag of Antigua and Barbuda.svg  Antigua and Barbuda 23 October 199818 June 20011 July 2002
Flag of Argentina.svg  Argentina 8 January 19998 February 20011 July 2002In forceIn force
Flag of Australia (converted).svg  Australia 9 December 19981 July 20021 September 2002
Flag of Austria.svg  Austria 7 October 199828 December 20001 July 2002In forceIn forceRatified
Flag of Bangladesh.svg  Bangladesh 16 September 199923 March 20101 June 2010
Flag of Barbados.svg  Barbados 8 September 200010 December 20021 March 2003
Flag of Belgium (civil).svg  Belgium 10 September 199828 June 20001 July 2002In forceIn forceRatified
Flag of Belize.svg  Belize 5 April 20005 April 20001 July 2002
Flag of Benin.svg  Benin 24 September 199922 January 20021 July 2002
Bandera de Bolivia (Estado).svg  Bolivia 17 July 199827 June 20021 September 2002In force
Flag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina 17 July 199811 April 20021 July 2002
Flag of Botswana.svg  Botswana 8 September 20008 September 20001 July 2002In forceIn force
Flag of Brazil.svg  Brazil 7 February 200020 June 20021 September 2002
Flag of Bulgaria.svg  Bulgaria 11 February 199911 April 20021 July 2002
Flag of Burkina Faso.svg  Burkina Faso 30 November 199816 April 20041 July 2004
Flag of Cambodia.svg  Cambodia 23 October 200011 April 20021 July 2002
Flag of Canada (Pantone).svg  Canada 18 December 19987 July 20001 July 2002
Flag of Cape Verde.svg  Cape Verde 28 December 200010 October 20111 January 2012
Flag of the Central African Republic.svg  Central African Republic 12 December 19993 October 20011 July 2002
Flag of Chad.svg  Chad 20 October 19991 November 20061 January 2007
Flag of Chile.svg  Chile 11 September 199829 June 20091 September 2009In forceIn forceRatifiedRatifiedRatified
Flag of Colombia.svg  Colombia [upper-alpha 2] 10 December 19985 August 20021 November 2002
Flag of the Comoros.svg  Comoros 22 September 200018 August 20061 November 2006
Flag of the Democratic Republic of the Congo.svg  Congo, Democratic Republic of the 8 September 200011 April 20021 July 2002
Flag of the Republic of the Congo.svg  Congo, Republic of the 17 July 19983 May 20041 August 2004
Flag of the Cook Islands.svg  Cook Islands 18 July 20081 October 2008
Flag of Costa Rica.svg  Costa Rica 7 October 19987 June 20011 July 2002In forceIn force
Flag of Cote d'Ivoire.svg  Côte d'Ivoire [upper-alpha 3] 30 November 199815 February 20131 May 2013
Flag of Croatia.svg  Croatia 12 October 199821 May 20011 July 2002In forceIn forceRatifiedIn forceIn forceIn force
Flag of Cyprus.svg  Cyprus 15 October 19987 March 20021 July 2002In forceIn force
Flag of the Czech Republic.svg  Czech Republic 13 April 199921 July 20091 October 2009In forceIn forceIn forceIn forceIn force
Flag of Denmark.svg  Denmark [upper-alpha 4] 25 September 199821 June 20011 July 2002
Flag of Djibouti.svg  Djibouti 7 October 19985 November 20021 February 2003
Flag of Dominica.svg  Dominica 12 February 20011 July 2002
Flag of the Dominican Republic.svg  Dominican Republic 8 September 200012 May 20051 August 2005
Flag of East Timor.svg  East Timor 6 September 20021 December 2002
Flag of Ecuador.svg  Ecuador 7 October 19985 February 20021 July 2002Ratified
Flag of El Salvador.svg  El Salvador 3 March 20161 June 2016In forceIn force
Flag of Estonia.svg  Estonia 27 December 199930 January 20021 July 2002In forceIn forceRatifiedRatifiedRatifiedRatified
Flag of Fiji.svg  Fiji 29 November 199929 November 19991 July 2002
Flag of Finland.svg  Finland 7 October 199829 December 20001 July 2002In forceIn forceRatified
Flag of France.svg  France [upper-alpha 5] 18 July 19989 June 20001 July 2002Ratified
Flag of Gabon.svg  Gabon 22 December 199820 September 20001 July 2002
Flag of The Gambia.svg  Gambia, The [upper-alpha 6] 4 December 199828 June 20021 September 2002
Flag of Georgia.svg  Georgia 18 July 19985 September 20031 December 2003In forceIn force
Flag of Germany.svg  Germany 10 December 199811 December 20001 July 2002In forceIn forceRatifiedRatifiedRatifiedRatified
Flag of Ghana.svg  Ghana 18 July 199820 December 19991 July 2002
Flag of Greece.svg  Greece 18 July 199815 May 20021 August 2002
Flag of Grenada.svg  Grenada 19 May 20111 August 2011
Flag of Guatemala.svg  Guatemala 2 April 20121 July 2012
Flag of Guinea.svg  Guinea 7 September 200014 July 20031 October 2003
Flag of Guyana.svg  Guyana 28 December 200024 September 20041 December 2004In forceIn force
Flag of Honduras.svg  Honduras 7 October 19981 July 20021 September 2002
Flag of Hungary.svg  Hungary 15 January 199930 November 20011 July 2002
Flag of Iceland.svg  Iceland 26 August 199825 May 20001 July 2002In force
Flag of Ireland.svg  Ireland 7 October 199811 April 20021 July 2002In force
Flag of Italy.svg  Italy 18 July 199826 July 19991 July 2002In forceIn forceRatified
Flag of Japan.svg  Japan 17 July 20071 October 2007
Flag of Jordan.svg  Jordan 7 October 199811 April 20021 July 2002
Flag of Kiribati.svg  Kiribati 26 November 20191 February 2020
Flag of Kenya.svg  Kenya 11 August 199915 March 20051 June 2005
Flag of South Korea.svg  Korea, South 8 March 200013 November 20021 February 2003
Flag of Latvia.svg  Latvia 22 April 199928 June 20021 September 2002In forceIn forceRatifiedIn forceIn forceIn force
Flag of Lesotho.svg  Lesotho 30 November 19986 September 20001 July 2002
Flag of Liberia.svg  Liberia 17 July 199822 September 20041 December 2004
Flag of Liechtenstein.svg  Liechtenstein 18 July 19982 October 20011 July 2002In forceIn forceRatifiedIn force
Flag of Lithuania.svg  Lithuania 10 December 199812 May 20031 August 2003In forceIn force
Flag of Luxembourg.svg  Luxembourg 13 October 19988 September 20001 July 2002In forceIn forceIn forceIn forceIn force
Flag of Madagascar.svg  Madagascar 18 July 199814 March 20081 June 2008
Flag of Malawi.svg  Malawi 2 March 199919 September 20021 December 2002
Flag of Maldives.svg  Maldives 21 September 20111 December 2011
Flag of Mali.svg  Mali 17 July 199816 August 20001 July 2002
Flag of Malta.svg  Malta 17 July 199829 November 20021 February 2003In forceIn force
Flag of the Marshall Islands.svg  Marshall Islands 6 September 20007 December 20001 July 2002
Flag of Mauritius.svg  Mauritius 11 November 19985 March 20021 July 2002In force
Flag of Mexico.svg  Mexico 7 September 200028 October 20051 January 2006In forceIn forceIn forceIn force
Flag of Moldova.svg  Moldova 8 September 200012 October 20101 January 2011
Flag of Mongolia.svg  Mongolia 29 December 200011 April 20021 July 2002In forceIn force
Flag of Montenegro.svg  Montenegro [upper-alpha 7] 23 October 20063 June 2006
Flag of Namibia.svg  Namibia 27 October 199825 June 20021 September 2002
Flag of Nauru.svg  Nauru 13 December 200012 November 20011 July 2002
Flag of the Netherlands.svg  Netherlands 18 July 199817 July 20011 July 2002In forceIn forceRatifiedIn forceIn forceIn force
Flag of New Zealand.svg  New Zealand [upper-alpha 8] 7 October 19987 September 20001 July 2002In forceIn forceIn forceIn force
Flag of Niger.svg  Niger 17 July 199811 April 20021 July 2002In force
Flag of Nigeria.svg  Nigeria 1 June 200027 September 20011 July 2002
Flag of North Macedonia.svg  North Macedonia 7 October 19986 March 20021 July 2002In forceIn force
Flag of Norway.svg  Norway 28 August 199816 February 20001 July 2002In forceRatifiedIn forceIn forceIn force
Flag of Palestine.svg  Palestine [upper-alpha 9] [upper-alpha 10] 2 January 20151 April 2015In forceIn force
Flag of Panama.svg  Panama 18 July 199821 March 20021 July 2002In forceIn force
Flag of Paraguay.svg  Paraguay 7 October 199814 May 20011 July 2002In forceIn force
Flag of Peru.svg  Peru 7 December 200010 November 20011 July 2002In forceIn force
Flag of Poland.svg  Poland 9 April 199912 November 20011 July 2002In forceIn force
Flag of Portugal.svg  Portugal 7 October 19985 February 20021 July 2002In forceIn forceRatified
Flag of Romania.svg  Romania 7 July 199911 April 20021 July 2002In forceRatifiedIn forceIn forceIn force
Flag of Saint Kitts and Nevis.svg  Saint Kitts and Nevis 22 August 20061 November 2006
Flag of Saint Lucia.svg  Saint Lucia 27 August 199918 August 20101 November 2010
Flag of Saint Vincent and the Grenadines.svg  Saint Vincent and the Grenadines 3 December 20021 March 2003
Flag of Samoa.svg  Samoa 17 July 199816 September 20021 December 2002In forceIn force
Flag of San Marino.svg  San Marino 18 July 199813 May 19991 July 2002In forceIn force
Flag of Senegal.svg  Senegal 18 July 19982 February 19991 July 2002
Flag of Serbia.svg  Serbia 19 December 20006 September 20011 July 2002
Flag of Seychelles.svg  Seychelles 28 December 200010 August 20101 November 2010
Flag of Sierra Leone.svg  Sierra Leone 17 October 199815 September 20001 July 2002
Flag of Slovakia.svg  Slovakia 23 December 199811 April 20021 July 2002In forceIn forceRatifiedIn forceIn forceIn force
Flag of Slovenia.svg  Slovenia 7 October 199831 December 20011 July 2002In forceIn forceRatifiedIn forceIn forceIn force
Flag of South Africa.svg  South Africa [upper-alpha 11] 17 July 199827 November 20001 July 2002
Flag of Spain.svg  Spain 18 July 199824 October 20001 July 2002In forceIn forceRatified
Flag of Suriname.svg  Suriname 15 July 20081 October 2008
Flag of Sweden.svg  Sweden 7 October 199828 June 20011 July 2002In forceIn forceRatifiedIn force
Flag of Switzerland (Pantone).svg   Switzerland 18 July 199812 October 20011 July 2002In forceIn forceRatifiedIn forceIn forceIn force
Flag of Tanzania.svg  Tanzania 29 December 200020 August 20021 November 2002
Flag of Tajikistan.svg  Tajikistan 30 November 19985 May 20001 July 2002
Flag of Trinidad and Tobago.svg  Trinidad and Tobago 23 March 19996 April 19991 July 2002In forceIn force
Flag of Tunisia.svg  Tunisia 24 June 20111 September 2011
Flag of Uganda.svg  Uganda 17 March 199914 June 20021 September 2002
Flag of the United Kingdom.svg  United Kingdom [upper-alpha 12] 30 November 19984 October 20011 July 2002
Flag of Uruguay.svg  Uruguay 19 December 200028 June 20021 September 2002In forceIn forceRatifiedIn forceIn forceIn force
Flag of Vanuatu.svg  Vanuatu 2 December 20111 February 2012
Flag of Venezuela.svg  Venezuela 14 October 19987 June 20001 July 2002
Flag of Zambia.svg  Zambia 17 July 199813 November 20021 February 2003

Withdrawal

Article 127 of the Rome Statute allows for states to withdraw from the ICC. Withdrawal takes effect one year after notification of the depositary, and has no effect on prosecution that has already started. As of March 2018 four states have given formal notice of their intention to withdraw from the statute, [1] although two rescinded before it came into effect.

State party [1] SignedRatified or accededEntry into forceWithdrawal notifiedWithdrawal effectiveWithdrawal rescinded
Flag of Burundi.svg  Burundi 13 January 199921 September 20041 December 200427 October 201627 October 2017
Flag of The Gambia.svg  Gambia, The 4 December 199828 June 20021 September 200210 November 201610 February 2017
Flag of the Philippines.svg  Philippines 28 December 200030 August 20111 November 201117 March 2018 [upper-alpha 13] 17 March 2019
Flag of South Africa.svg  South Africa 17 July 199827 November 20001 July 200219 October 20167 March 2017

Several states have argued that the ICC is a tool of Western imperialism, only punishing leaders from small, weak states while ignoring crimes committed by richer and more powerful states. [13] [14] [15] This sentiment has been expressed particularly by African states, 34 of which are members of the ICC, due to a perceived disproportionate focus of the Court on Africa. Nine out of the ten situations which the ICC has investigated were in African countries. [16] [17]

In June 2009, several African states, including Comoros, Djibouti, and Senegal, called on African states parties to withdraw en masse from the statute in protest against the indictment of Sudanese President Omar al-Bashir. [18] In September 2013, Kenya's National Assembly passed a motion to withdraw from the ICC in protest against the ICC prosecution of Kenyan Deputy President William Ruto and President Uhuru Kenyatta (both charged before coming into office). [19] A mass withdrawal from the ICC by African member states in response to the trial of Kenyan authorities was discussed at a special summit of the African Union in October. [20] The summit concluded that serving heads of state should not be put on trial, and that the Kenyan cases should be deferred. [21] However, the summit did not endorse the proposal for a mass withdrawal due to lack of support for the idea. [22] In November the ICC's Assembly of State Parties responded by agreeing to consider proposed amendments to the Rome Statute to address the AU's concerns. [23]

In October–November 2016, Burundi, South Africa, and The Gambia all notified the UNSG of their intention to withdraw from the ICC. Burundi was the subject of an ongoing preliminary investigation by the ICC at the time. [24] South Africa's exit followed its refusal to execute an ICC warrant for Sudan's al-Bashir when he was in the country. Following The Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, The Gambia rescinded its withdrawal notification. [1] The constitutionality of South Africa's notice was challenged by the Democratic Alliance opposition party, which argued that the approval of parliament was required and not sought. The High Court of South Africa ruled in February 2017 that the government's notification was not legal, and it was required to revoke the notice effective 7 March 2017. [1] A parliamentary bill on ICC withdrawal was subsequently withdrawn by the government. [25] The governing African National Congress party continued to support withdrawing, [26] and in 2019 a new bill was put before Parliament to withdraw from the Statute, [27] though this was also withdrawn in March 2023. [28] Following the issuance of ICC arrest warrants for Vladimir Putin and Maria Lvova-Belova of Russia in March 2023, due to the deportation of children from Ukraine to Russia during the Russian invasion of Ukraine, [29] South African president Cyril Ramaphosa declared that his country had decided to withdraw from the treaty to allow Putin to visit their country without risk of arrest for the upcoming 2023 BRICS summit hosted in South Africa. However, it was subsequently clarified that such a decision had not been made. [30] [31] [32]

On March 14, 2018, Rodrigo Duterte, the Philippine President who is under preliminary examination by the ICC for his controversial war on drugs campaign, announced that the country would withdraw from the Rome Statute. [33] He argued that while the Statute was ratified by the Senate of the Philippines in 2011, it was never published in the Official Gazette of the Philippines, a requirement for penal laws (of which the Rome Statute subscribes as such) to take effect. Hence, he claimed that the Philippines was never a State Party ab initio. Additionally, he stated that the ICC was being utilized as a political tool against weak targets such as the Philippines. The United Nations received the official notification of withdrawal on March 17, 2018; [34] one year later (March 17, 2019), by rule, the Philippines' withdrawal became official. The legal validity of the withdrawal was challenged at the Supreme Court of the Philippines, [11] was dismissed in a unanimous decision for being "moot and academic" [12] two years after the country's official withdrawal from the tribunal. Bongbong Marcos, Duterte's successor as President, has stated that the country "has no intention of rejoining the ICC". [35]

Implementing legislation

The Rome Statute obliges states parties to cooperate with the Court in the investigation and prosecution of crimes, including the arrest and surrender of suspects. [36] Part 9 of the Statute requires all states parties to “ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part”. [37]

Under the Rome Statute's complementarity principle, the Court only has jurisdiction over cases where the relevant state is unwilling or unable to investigate and, if appropriate, prosecute the case itself. Therefore, many states parties have implemented national legislation to provide for the investigation and prosecution of crimes that fall under the jurisdiction of the Court. [38]

As of April 2006, the following states had enacted or drafted implementing legislation: [39]

StatesComplementarity legislationCo-operation legislation
Australia, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Denmark, Estonia, Finland, Georgia, Germany, Iceland, Liechtenstein, Lithuania, Malta, Netherlands, New Zealand, Slovakia, South Africa, Spain, Trinidad and Tobago, United KingdomEnactedEnacted
Colombia, Congo, Serbia, MontenegroEnactedDraft
Burundi, Costa Rica, Mali, Niger, PortugalEnactedNone
France, Norway, Peru, Poland, Slovenia, Sweden, SwitzerlandDraftEnacted
Austria, Japan, Latvia, RomaniaNoneEnacted
Argentina, Benin, Bolivia, Botswana, Brazil, Central African Republic, Democratic Republic of Congo, Dominica, Gabon, Ghana, Greece, Ireland, Italy, Kenya, Lesotho, Luxembourg, Nigeria, Samoa, Senegal, Uganda, Uruguay, ZambiaDraftDraft
Dominican Republic, Ecuador, Honduras, Hungary, Jordan, Panama, VenezuelaDraftNone
MexicoNoneDraft
Afghanistan, Albania, Andorra, Antigua and Barbuda, Barbados, Belize, Burkina Faso, Cambodia, Cyprus, Djibouti, Fiji, the Gambia, Guinea, Guyana, Liberia, Malawi, Marshall Islands, Mauritius, Mongolia, Namibia, Nauru, North Macedonia, Paraguay, Saint Vincent and the Grenadines, San Marino, Sierra Leone, Tajikistan, Tanzania, Timor-LesteNoneNone

Timeline of signatures and ratifications/accessions

Total number of states parties from 1999 to 2006. ICC State Parties 2006-11-19.png
Total number of states parties from 1999 to 2006.
DateSignatures
31 December 199872
31 December 199993
31 December 2000139
DateRatifications/accessionsRemaining signatories
31 December 1998072
31 December 1999687
31 December 200027112
31 December 20014892
31 December 20028755
31 December 20039251
31 December 20049746
31 December 200510043
31 December 200610441
31 December 2007105
31 December 200810840
31 December 200911038
31 December 201011434
31 December 201112032
31 December 2012121
31 December 201312231
31 December 2014
31 December 2015123
31 December 2016124
31 December 201712332
31 December 2018123
31 December 201912333
31 December 202312432

Regional groups and allocation of judges

The number of states parties from the several United Nations regional groups has an influence on the minimum number of judges each group is allocated. Paragraph 20(b) of the Procedure for the nomination and election of judges of the Court [40] states that any of the five regional groups shall have at least two judges on the court. If, however, a group has more than 16 states parties, there is a third judge allocated to that group.

The following table lists how many states parties there are from each regional group. After the accession of the Maldives on 1 December 2011, the Asian Group has become the last regional group to have three judges allocated. This already had consequences for the 2011 judges election. [41]

GroupNumber of states partiesNumber of judges allocated
African Group 343
Asian Group 193
Eastern European Group 183
Latin American and Caribbean Group 273
Western European and Others Group 253

Acceptance of jurisdiction

Pursuant to article 12(3) of the Rome Statute of the International Criminal Court, a state that is not a party to the Statute may, "by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question." Even if the state that does so is not a State Party to the Statute, the relevant provisions of the statute would still be applicable on the accepting state, but only on an ad hoc basis.

To date, the Court has received six article 12(3) declarations. Additionally, a declaration was submitted in December 2013 by the Freedom and Justice Party of Egypt seeking to accept jurisdiction on behalf of Egypt. However, the Office of the Prosecutor found that as the party has lost power following the 2013 Egyptian coup d'état that July, it did not have the authority to make the declaration. [42] [43]

State [44] Date of acceptanceStart of jurisdictionEnd of jurisdictionDate of membership
Flag of Cote d'Ivoire.svg  Côte d'Ivoire [upper-alpha 3] 18 April 200319 September 2002Indefinite1 May 2013
Flag of Palestine.svg  Palestine* [upper-alpha 9] 21 January 20091 July 2002Indefinite1 April 2015
Flag of Ukraine.svg  Ukraine [upper-alpha 14] 9 April 201421 November 201322 February 2014Non-member
Flag of Palestine.svg  Palestine [upper-alpha 9] 31 December 201413 June 2014Indefinite1 April 2015
Flag of Ukraine.svg  Ukraine [upper-alpha 14] 8 September 201520 February 2014IndefiniteNon-member
Flag of Armenia.svg  Armenia [upper-alpha 1] 15 November 202310 May 2021Indefinite1 February 2024
*= Declaration has been deemed invalid by the Office of the Prosecutor.

Signatories which have not ratified

Of the 139 states that had signed the Rome Statute, 30 have not ratified. [1]

State [1] Signature
Flag of Algeria.svg  Algeria 28 December 2000
Flag of Angola.svg  Angola 7 October 1998
Flag of the Bahamas.svg  Bahamas, The 29 December 2000
Flag of Bahrain.svg  Bahrain 11 December 2000
Flag of Cameroon.svg  Cameroon 17 July 1998
Flag of Egypt.svg  Egypt 26 December 2000
Flag of Eritrea.svg  Eritrea 7 October 1998
Flag of Guinea-Bissau.svg  Guinea-Bissau 12 September 2000
Flag of Haiti.svg  Haiti 26 February 1999
Flag of Iran.svg  Iran 31 December 2000
Flag of Israel.svg  Israel* [upper-alpha 15] 31 December 2000
Flag of Jamaica.svg  Jamaica 8 September 2000
Flag of Kuwait.svg  Kuwait 8 September 2000
Flag of Kyrgyzstan (2023).svg  Kyrgyzstan 8 December 1998
Flag of Monaco.svg  Monaco 18 July 1998
Flag of Morocco.svg  Morocco 8 September 2000
Flag of Mozambique.svg  Mozambique 28 December 2000
Flag of Oman.svg  Oman 20 December 2000
Flag of Russia.svg  Russia* [upper-alpha 16] 13 September 2000
Flag of Sao Tome and Principe.svg  São Tomé and Príncipe 28 December 2000
Flag of the Solomon Islands.svg  Solomon Islands 3 December 1998
Flag of Sudan.svg  Sudan* [upper-alpha 17] 8 September 2000
Flag of Syria.svg  Syria 29 November 2000
Flag of Thailand.svg  Thailand 2 October 2000
Flag of Ukraine.svg  Ukraine [upper-alpha 14] 20 January 2000
Flag of the United Arab Emirates.svg  United Arab Emirates 27 November 2000
Flag of the United States.svg  United States* [upper-alpha 18] 31 December 2000
Flag of Uzbekistan.svg  Uzbekistan 29 December 2000
Flag of Yemen.svg  Yemen 28 December 2000
Flag of Zimbabwe.svg  Zimbabwe 17 July 1998
*= States which have declared that they no longer intend to ratify the treaty

According to the Vienna Convention on the Law of Treaties, a state that has signed but not ratified a treaty is obliged to refrain from "acts which would defeat the object and purpose" of the treaty. However, these obligations do not continue if the state has "made its intention clear not to become a party to the treaty". [59] Four signatory states (Israel, Russia, Sudan, and the United States) have informed the UN Secretary General that they no longer intend to become parties to the Rome Statute, and as such have no legal obligations arising from their signature.

Bahrain

The government of Bahrain originally announced in May 2006 that it would ratify the Rome Statute in the session ending in July 2006. [60] By December 2006, the ratification had not yet been completed, but the Coalition for the International Criminal Court said they expected ratification in 2007. [61]

Israel

Israel voted against the adoption of the Rome Statute but later signed it for a short period. In 2002, Israel notified the UN Secretary General that it no longer intended to become a party to the Rome Statute, and as such, it has no legal obligations arising from their signature of the statute. [62]

Israel states that it has "deep sympathy" with the goals of the Court. However, it has concerns that political pressure on the Court would lead it to reinterpret international law or to "invent new crimes". It cites the inclusion of "the transfer of parts of the civilian population of an occupying power into occupied territory" as a war crime as an example of this, whilst at the same time disagrees with the exclusion of terrorism and drug trafficking. Israel sees the powers given to the prosecutor as excessive and the geographical appointment of judges as disadvantaging Israel which was prevented from joining any of the UN Regional Groups. [63]

Kuwait

At a conference in 2007, the Kuwaiti Bar Association and the Secretary of the National Assembly of Kuwait, Hussein Al-Hereti, called for Kuwait to join the Court. [64]

Russia

Russia signed the Rome Statute in 2000. On 14 November 2016 the ICC published a report on its preliminary investigation of the Russo-Ukrainian War which found that "the situation within the territory of Crimea and Sevastopol factually amounts to an on-going state of occupation" and that "information, such as reported shelling by both States of military positions of the other, and the detention of Russian military personnel by Ukraine, and vice-versa, points to direct military engagement between Russian armed forces and Ukrainian government forces that would suggest the existence of an international armed conflict in the context of armed hostilities in eastern Ukraine". [65] In response, a presidential decree by Russian President Vladimir Putin approved "sending the Secretary General of the United Nations notice of the intention of the Russian Federation to no longer be a party to the Rome Statute". [66] [67] Formal notice was given on 30 November 2016. [68]

Sudan

Sudan signed the Rome Statute in 2000. In 2005 the ICC opened an investigation into the war in Darfur, a region of Sudan. Omar al-Bashir, the President of Sudan, was indicted in 2009. On 26 August 2008, Sudan notified the UN Secretary General that it no longer intended to ratify the treaty and therefore no longer bears any legal obligations arising from its signature. [1] Following the 2019 Sudanese coup d'état, Sadiq al-Mahdi a former Prime Minister of Sudan who backs the opposition, called for Sudan to join the ICC. [69]

On 4 August 2021, the Sudanese government approved unanimously a draft bill to join the Rome Statute of the International Criminal Court. [70]

Thailand

Former Senator Kraisak Choonhavan called in November 2006 for Thailand to ratify the Rome Statute and to accept retrospective jurisdiction, so that former premier Thaksin Shinawatra could be investigated for crimes against humanity connected to 2,500 alleged extrajudicial killings carried out in 2003 against suspected drug dealers. [71]

Ukraine

A 2001 ruling of the Constitutional Court of Ukraine held that the Rome Statute is inconsistent with the Constitution of Ukraine. [72] Notwithstanding, in October 2006, the Ambassador to the United Nations stated that the Ukrainian government would submit a bill to the parliament to ratify the Statute. [73] Ukraine ratified Agreement on the Privileges and Immunities of the Court (APIC) without having ratified the Rome Statute on 2007-01-29. [74] On 4 April 2012, the Foreign Minister of Ukraine told the President of the International Criminal Court 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." [75] A bill to make the necessary constitutional amendments was tabled in Parliament in May 2014. [76] [77] Article 8 of the Ukraine–European Union Association Agreement, which was signed in 2014, requires Ukraine to ratify the Rome Statute. In 2016 the Ukrainian parliament adopted the necessary constitutional amendments to allow for ratification of the Rome Statute; however, they will not enter into force for three years. [78] Following his election as president, Volodymyr Zelenskyy's administration pledged in 2019 that ratifying the Rome Statute was a priority. [79] However, following the Russian invasion of Ukraine in February 2022, Andriy Smyrnov, deputy head of the Ukrainian President's Office, said that ratification would be postponed until after the war was over, as the court would "receive a bunch of statements from the aggressor country about alleged (I emphasize – alleged) crimes committed by our military. And the same International Criminal Court will be obliged to assess these events." [80]

United States

The United States signed the Rome Statute in December 2000 (under President Bill Clinton), but Clinton decided not to submit the treaty to the United States Senate for ratification, stating: "I will not, and do not recommend that my successor [ George W. Bush ] submit the treaty to the Senate for advice and consent until our fundamental concerns are satisfied." [81] Opponents of the ICC in the U.S. Senate are "skeptical of new international institutions and still jealously protective of American sovereignty"; before the Rome Statute, opposition to the ICC was largely headed by Republican Senator Jesse Helms. [82] On May 6, 2002, the Bush administration stated that the U.S. did not intend to become a state party to the ICC; in a letter to Secretary-General of the United Nations Kofi Annan, Under Secretary of State for Arms Control and International Security John Bolton stated that "the United States does not intend to become a party to the treaty," and that "the United States has no legal obligations arising from its signature on December 31, 2000." [83] This letter is sometimes called the "unsigning" of the treaty, but legal opinions on its actual legal effects differ, [84] with some scholars arguing that the president does not have the power to unilaterally "unsign" treaties. [85]

The United States "adopted a hostile stance towards the Court throughout most of the Bush presidency." [86] In 2002, Congress enacted the American Servicemembers' Protection Act (ASPA), which was signed into law on August 2, 2002; the "overriding purpose of the ASPA was to inhibit the U.S. government from supporting the ICC." [86] Major provisions of the ASPA blocked U.S. funding of the ICC and required the U.S. "to enter into agreements with all ICC signatory states to shield American citizens abroad from ICC jurisdiction, under the auspices of Article 98 of the Rome Statute," which bars the ICC "from prosecuting individuals located on the territory of an ICC member state, where such action by the Court would cause the member state to violate the terms of any other bilateral or multilateral treaty to which it is a party." [86] Traditionally, Article 98 was used in relation to traditional status of forces agreements (SOFAs) and status of mission agreements (SOMAs), in which nations hosting U.S. military personnel by invitation agreed to immunize them from prosecution in foreign courts. [86] The Bush administration, supported by opponents of the ICC in Congress, adopted a new strategy of aggressively pursuing Bilateral Immunity Agreements (BIAs), "which guarantee immunity from ICC prosecution for all American citizens in the country with which the agreement is concluded" rather than just U.S. military forces. [86] "Under the original ASPA, nations who refused to conclude BIAs with the United States were subject to sanctions, including the loss of military aid (though these provisions have since been repealed)." [86] As of December 2006, the U.S. State Department reported that it had signed 102 BIAs. [87] In 2002, the United States threatened to veto the renewal of all United Nations peacekeeping missions unless its troops were granted immunity from prosecution by the Court. [88] In a compromise move, the Security Council passed Resolution 1422 on 12 July 2002, granting immunity to personnel from ICC non-states parties involved in United Nations established or authorized missions for a renewable twelve-month period. [88] This was renewed for twelve months in 2003 but the Security Council refused to renew the exemption again in 2004, after pictures emerged of US troops abusing Iraqi prisoners in Abu Ghraib, and the US withdrew its demand. [89]

Under the Obama administration, the U.S. did not take moves to ratify the Rome Statute, but did adopt a "cautious, case-by-case approach to supporting the ICC" by supporting cases before the ICC. Secretary of State Hillary Clinton stated that the U.S. encouraged "effective ICC action in ways that promote U.S. interests by bringing war criminals to justice." [86] U.S. steps in support of the ICC undertaken under the Obama administration included participating in the annual Assembly of States Parties as an observer; using the U.S.'s permanent seat on the UN Security Council to support the referral of cases to the ICC (including Libya in 2011); "sharing intelligence on fugitives and providing other substantial in-kind support" to the ICC; and expanding the War Crimes Rewards Program." [86]

The Trump administration strained relations with the ICC, stating it would revoke visas for any ICC staff seeking to investigate Americans for war crimes. Secretary of State Mike Pompeo stated that such revocations could be applied to any staff involved with investigating war crimes committed by Israel or other allied nations as well. [90]

Yemen

On 24 March 2007, the Yemeni parliament voted to ratify the Rome Statute. [91] [92] However, some MPs claim that this vote breached parliamentary rules, and demanded another vote. In that further vote, the ratification was retracted. [93]

Non-party, non-signatory states

The deadline for signing the Rome Statute expired following 31 December 2000. States that did not sign before that date have to accede to the Statute in a single step.

Of all the states that are members of the United Nations, observers in the United Nations General Assembly, or otherwise recognized by the Secretary-General of the United Nations as states with full treaty-making capacities, [94] there are 41 which have neither signed nor acceded to the Statute:

Additionally, in accordance with practice and declarations filed with the Secretary-General, the Rome Statute is not in force in the following dependent territories:

China

The People's Republic of China has opposed the Court, on the basis that it goes against the sovereignty of nation states, that the principle of complementarity gives the Court the ability to judge a nation's court system, that war crimes jurisdiction covers internal as well as international conflicts, that the Court's jurisdiction covers peacetime crimes against humanity, that the inclusion of the crime of aggression weakens the role of the UN Security Council, and that the Prosecutor's right to initiate prosecutions may open the Court to political influence. [97]

India

The government of India has consistently opposed the Court. It abstained in the vote adopting the statute in 1998, saying it objected to the broad definition adopted of crimes against humanity; the rights given to the UN Security Council to refer and delay investigations and bind non-states parties; and the use of nuclear weapons and other weapons of mass destruction not being explicitly criminalized. [98] Other anxieties about the Court concern how the principle of complementarity would be applied to the Indian criminal justice system, the inclusion of war crimes for non-international conflicts, and the power of the Prosecutor to initiate prosecutions. [99]

Indonesia

Indonesia has stated that it supports the adoption of the Rome Statute, and that “universal participation should be the cornerstone of the International Criminal Court”. [100] In 2004, the President of Indonesia adopted a National Plan of Action on Human Rights, which states that Indonesia intends to ratify the Rome Statute in 2008. [100] This was confirmed in 2007 by Foreign Minister Hassan Wirajuda and the head of the Indonesian People's Representative Council's Committee on Security and International Affairs, Theo L. Sambuaga. [101] In May 2013, Defense Minister Purnomo Yusgiantoro stated that the government needed "more time to carefully and thoroughly review the pros and cons of the ratification". [102]

Iraq

In February 2005, the Iraqi Transitional Government decided to ratify the Rome Statute. However, two weeks later they reversed this decision, [103] a move that the Coalition for the International Criminal Court claimed was due to pressure from the United States. [104]

Lebanon

In March 2009, Lebanese Justice Minister said the government had decided not to join for now. The Coalition for the International Criminal Court claimed this was due in part to "intense pressure" from the United States, who feared it could result in the prosecution of Israelis in a future conflict. [105]

Malaysia

Malaysia submitted an instrument of accession to the Rome Statute on 4 March 2019, which was to enter into force on 1 June. [95] However, on 29 April 2019, Malaysia submitted a notice withdrawing its instrument of accession effective immediately to the Secretary General of the United Nations, preventing it from acceding. [96] Prime Minister Mahathir Mohamad explained that the withdrawal was due to concerns over its constitutionality as well as possible infringement of the sovereignty of the Malay Rulers. [106]

Nepal

On 25 July 2006, the Nepalese House of Representatives directed the government to ratify the Rome Statute. Under Nepalese law, this motion is compulsory for the Executive. [107]

Following a resolution by Parliament requesting that the government ratify the Statute, Narahari Acharya, Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs of Nepal, said in March 2015 that it had "formed a taskforce to conduct a study about the process". However, he said that it was "possible only after promulgating the new constitution", which was being debated by the 2nd Nepalese Constituent Assembly. [108] [109]

Pakistan

Pakistan has supported the aims of the International Court and voted for the Rome Statute in 1998. However, Pakistan has not signed the agreement on the basis of several objections, including the fact that the Statute does not provide for reservations upon ratification or accession, the inclusion of provisional arrest, and the lack of immunity for heads of state. In addition, Pakistan (one of the largest suppliers of UN peacekeepers) has, like the United States, expressed reservations about the potential use of politically motivated charges against peacekeepers. [110]

South Sudan

South Sudan's President Salva Kiir Mayardit said in 2013 that the country would not join the ICC. [111]

Turkey

Turkey is currently a candidate country to join the European Union, which has required progress on human rights issues in order to continue with accession talks. Part of this has included pressure, but not a requirement, on Turkey to join the Court which is supported under the EU's Common Foreign and Security Policy. [112] Turkish Prime Minister Recep Tayyip Erdoğan stated in October 2004 that Turkey would "soon" ratify the Rome Statute, [113] and the Turkish constitution was amended in 2004 to explicitly allow nationals to be surrendered to the Court. [114] However, in January 2008, the Erdoğan government reversed its position, deciding to shelve accession because of concerns it could undermine efforts against the Kurdistan Workers Party (PKK). [115]

See also

Notes

  1. 1 2 On 15 November 2023 the Armenian government submitted a declaration, dated the same day, accepting the Court's jurisdiction for "genocide, crimes against humanity, and war crimes ... starting from 10 May 2021." [58]
  2. Colombia made use of article 124 of the Rome Statute to exempt war crimes committed by its nationals or on its territory from the jurisdiction of the Court for a period of seven years. The relevant declaration came into force with the coming into force of the Rome Statute, for Colombia, on 1 November 2002 and expired on 31 October 2009.
  3. 1 2 On 1 October 2003 the Ivorian government submitted a declaration, dated 18 April 2003, accepting the Court's jurisdiction for "acts committed on Ivorian territory since the events of 19 September 2002." [9] Côte d'Ivoire subsequently acceded to the Rome Statute, on 15 February 2013, and therefore is now a state party.
  4. The Rome Statute entered into force for the Faroe Islands on 1 October 2006 and for Greenland on 1 October 2004.
  5. France made use of article 124 of the Rome Statute to exempt war crimes committed by its nationals or on its territory from the jurisdiction of the Court for a period of seven years. The relevant declaration came into force with the coming into force of the Rome Statute, for France, on 1 July 2002. France withdrew its declaration on 13 August 2008 with effect from 15 June 2008.
  6. The Gambia formally notified the depositary of its intentions to withdraw from the Statute, effective 10 November 2017. However, this notification was rescinded effective 10 February 2017.
  7. Montenegro succeeded to the Rome Statute on 3 June 2006, the date of its independence from Serbia and Montenegro, per a declaration it sent to the Secretary-General of the United Nations, which was received on 23 October 2006.
  8. The Rome Statute is not in force for Tokelau.
  9. 1 2 3 The Palestinian National Authority submitted a declaration on 22 January 2009, dated the previous day, accepting the Court's jurisdiction for "acts committed on the territory of Palestine since 1 July 2002." [45] However, on 3 April 2012 the Prosecutor of the ICC deemed the declaration invalid because the Rome Statute only permits sovereign states to make such a declaration and Palestine was designated an "observer entity" within the United Nations (the body that is the depositary for the Rome Statute) at the time. [46] On 29 November 2012, the United Nations General Assembly voted in favour of recognising Palestine as a non-member observer state. [47] However, in November 2013 the Office of the Prosecutor concluded that this decision did "not cure the legal invalidity of the 2009 declaration." [48] A second declaration accepting the court's jurisdiction was reportedly submitted in July 2014 by Palestine's Justice Minister Saleem al-Saqqa and General Prosecutor Ismaeil Jabr, but the prosecutor responded that only the head of state, head of government or minister of foreign affairs had the authority to make such a declaration. After failing to receive confirmation from Minister of Foreign Affairs Riyad al-Maliki during an August meeting that the declaration had been made on behalf of the Palestinian government, the Prosecutor concluded that the declaration was invalid because it did not come from an authority with the power to make it. [49] On 2 September 2014, the Prosecutor clarified that if Palestine filed a new declaration, or acceded to the Rome Statute, it would be deemed valid. [50] In December 2014, the assembly of state parties of the ICC recognized Palestine as a "state" without prejudice to any legal or other decisions taken by the court or any other organization. [51] [52] A new declaration was submitted on 1 January 2015 by Palestine, dated 31 December 2014, accepting the court's jurisdiction effective 13 June 2014. [53] Palestine acceded to the Rome Statute on 2 January 2015, becoming state party to the ICC. The prosecutor launched a preliminary examination of the situation in Palestine on 16 January 2015, and on 22 January 2020 requested a ruling by the court on the territorial jurisdiction of the Rome Statute in Palestine. [54] The ICC Pre-Trial Chamber ruled on 5 February 2021 that due to Palestine's accession to the Rome Statue, the ICC had jurisdiction over "territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem." [55]
  10. Canada filed a declaration stating that it does not recognize Palestine as a state and as such it does not consider the Rome Statute to be in force between it and Palestine. [10]
  11. South Africa formally notified the depositary of its intentions to withdraw from the Statute, effective 19 October 2017. However, this notification was rescinded effective 7 March 2017.
  12. The Rome Statute entered into force for Akrotiri and Dhekelia; Anguilla; Bermuda; the British Virgin Islands; the Cayman Islands; the Falkland Islands; Montserrat; the Pitcairn Islands; Saint Helena, Ascension and Tristan da Cunha; and the Turks and Caicos Islands on 11 March 2010. The Statute entered into force for the Isle of Man on 1 February 2013. The Statute entered into force for Gibraltar on 20 April 2015.
  13. The legal validity of the Philippines' withdrawal was challenged at the Supreme Court of the Philippines, [11] but was dismissed in a unanimous decision for being "moot and academic" [12] two years after the country's official withdrawal from the tribunal.
  14. 1 2 3 Ukraine submitted a declaration accepting the jurisdiction of the Court for a limited time period on 17 April 2014. [56] Another declaration accepting jurisdiction indefinitely was submitted on 8 September 2015. [57]
  15. On 28 August 2002, Israel notified the UN Secretary General that it no longer intended to ratify the treaty and therefore no longer bears any legal obligations arising from its signature. [1]
  16. On 30 November 2016, Russia notified the UN Secretary General that it no longer intended to ratify the treaty and therefore no longer bears any legal obligations arising from its signature. [1]
  17. On 26 August 2008, Sudan notified the UN Secretary General that it no longer intended to ratify the treaty and therefore no longer bears any legal obligations arising from its signature. [1]
  18. On 6 May 2002, the United States notified the UN Secretary General that it no longer intended to ratify the treaty and therefore no longer bears any legal obligations arising from its signature. [1]
  19. Malaysia submitted an instrument of accession to the Rome Statue on 4 March 2019, which was to enter into force on 1 June. [95] However, on 29 April 2019 Malaysia submitted a notice withdrawing its instrument of accession effective immediately, preventing it from acceeding. [96] For more details see § Malaysia

Related Research Articles

<span class="mw-page-title-main">International Criminal Court</span> Intergovernmental organization and international tribunal

The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. The ICC is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.

<span class="mw-page-title-main">Rome Statute</span> 1998 international treaty establishing the International Criminal Court

The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of February 2024, 124 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure.

The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court as inhumane acts of a character similar to other crimes against humanity "committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime".

The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime, and the first human rights treaty unanimously adopted by the United Nations General Assembly, on 9 December 1948, during the third session of the United Nations General Assembly. The Convention entered into force on 12 January 1951 and has 152 state parties as of 2022.

<span class="mw-page-title-main">War of aggression</span> Military conflict waged without the justification of self-defense

A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation, in contrast with the concept of a just war.

<span class="mw-page-title-main">International criminal law</span> Public international law

International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.

<span class="mw-page-title-main">International Criminal Court investigations</span> Investigations by the International Criminal Court

The International Criminal Court has opened investigations in Afghanistan, the Central African Republic, Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Kenya, Libya, Uganda, Bangladesh/Myanmar, Palestine, the Philippines, and Venezuela. Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, Iraq / the United Kingdom, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela. Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002.

<span class="mw-page-title-main">United States and the International Criminal Court</span> National relationship with the ICC

The United States is not a state party to the Rome Statute of the International Criminal Court, which founded the International Criminal Court (ICC) in 2002.

<span class="mw-page-title-main">Crime of aggression</span> Aggressive use of state military force that violates the Charter of the United Nations

A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion, military occupation, annexation by the use of force, bombardment, and military blockade of ports. In general, committing an act of aggression is a leadership crime that can only be committed by those with the power to shape a state's policy of aggression, as opposed to those who discharge it.

<span class="mw-page-title-main">United Nations Security Council Resolution 1593</span> United Nations resolution adopted in 2005

United Nations Security Council Resolution 1593, adopted on 31 March 2005, after receiving a report by the International Commission of Inquiry on Darfur, the Council referred the situation in the Darfur region of Sudan to the International Criminal Court (ICC) and required Sudan to co-operate fully. It marked the first time the council had referred a situation to the court, and also compelled a country to co-operate with it.

The International Criminal Court's founding treaty, the Rome Statute, provides that individuals or organizations may submit information on crimes within the jurisdiction of the Court. These submissions are referred to as "communications to the International Criminal Court".

<span class="mw-page-title-main">Fatou Bensouda</span> Gambian lawyer and former prosecutor of the International Criminal Court (2012–2021)

Fatou Bom Bensouda is a Gambian lawyer and former Prosecutor of the International Criminal Court (ICC), who has served as the Gambian High Commissioner to the United Kingdom since 3 August 2022.

<span class="mw-page-title-main">International Criminal Court investigation in Kenya</span> 2010 investigation by the International Criminal Court

The International Criminal Court investigation in Kenya or the situation in the Republic of Kenya was an investigation by the International Criminal Court (ICC) into the responsibility for the 2007–2008 post-election violence in Kenya. The 2007–2008 crisis followed the presidential election that was held on 27 December 2007. The Electoral Commission of Kenya officially declared that the incumbent President Mwai Kibaki was re-elected however supporters of the opposition candidate Raila Odinga accused the government of electoral fraud and rejected the results. A series of protests and demonstrations followed, and fighting—mainly along tribal lines—led to an estimated 1,200 deaths and more than 500,000 people becoming internally displaced.

Amendments to the Rome Statute of the International Criminal Court must be proposed, adopted, and ratified in accordance with articles 121 and 122 of the Statute. Any state party to the Statute can propose an amendment. The proposed amendment can be adopted by a two-thirds majority vote in either a meeting of the Assembly of States Parties or a review conference called by the Assembly. An amendment comes into force for all states parties one year after it is ratified by seven-eighths of the states parties. However, any amendment to articles 5, 6, 7, or 8 of the Statute only enters into force for states parties that have ratified the amendment. A state party which ratifies an amendment to articles 5, 6, 7, or 8 is subject to that amendment one year after ratifying it, regardless of how many other states parties have also ratified it. For an article 5, 6, 7, or 8 amendment, the Statute itself is amended after the amendment comes into force for the first state party to ratify it. Amendments of a purely institutional nature enter into force six months after they are approved by a two-thirds majority vote in either a meeting of the Assembly of States Parties or a review conference.

<span class="mw-page-title-main">International Criminal Court investigation in Darfur</span> Ongoing investigation by the International Criminal Court

The International Criminal Court investigation in Darfur or the situation in Darfur is an ongoing investigation by the International Criminal Court (ICC) into criminal acts committed during the War in Darfur. Although Sudan is not a state party to the Rome Statute, the treaty which created the ICC, the situation in Darfur was referred to the ICC's Prosecutor by the United Nations Security Council in 2005. As of June 2019, five suspects remained under indictment by the court: Ahmed Haroun, Ali Kushayb, Omar al-Bashir, Abdallah Banda and Abdel Rahim Mohammed Hussein. Charges against Bahar Abu Garda were dropped on the basis of insufficient evidence in 2010 and those against Saleh Jerbo were dropped following his death in 2013. In mid-April 2019, Haroun, al-Bashir and Hussein were imprisoned in Sudan as a result of the 2019 Sudanese coup d'état. In early November 2019, the Forces of Freedom and Change (FFC) and Sudanese Prime Minister Abdalla Hamdok stated that al-Bashir would be transferred to the ICC. One of the demands of the displaced people of Darfur visited by Hamdok prior to Hamdok's statement was that "Omar Al Bashir and the other wanted persons" had to be surrendered to the ICC.

Ivory Coast is a sub-Saharan nation in West Africa. It is a representative presidential democracy where rights are protected in the constitution, international law, and common law. As a member of the African Commission on Human and Peoples' Rights, it is a party to the African Charter on Human and Peoples' Rights and a signatory to major international human-rights agreements. In 2011, the Second Ivorian Civil War saw increases in violence and human-rights abuses. Although progress has been made towards reconciliation, the trial of former first lady Simone Gbagbo suggests that the root causes have not been addressed; no one has been convicted of crimes against humanity. According to a 2018 Human Rights Watch report, "Ongoing indiscipline by members of the security services and violent army mutinies demonstrated the precariousness of the country’s newfound stability."

<span class="mw-page-title-main">International Criminal Court investigation in Palestine</span> International legal proceedings

The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, on 20 December 2019 announced an investigation into war crimes allegedly committed in Palestine by members of the Israeli military or Hamas and other Palestinian armed groups since 13 June 2014.

<span class="mw-page-title-main">International Criminal Court investigation in the Philippines</span>

The International Criminal Court investigation in the Philippines, or the situation in the Republic of the Philippines, is an ongoing investigation by the International Criminal Court (ICC) into alleged crimes against humanity committed during the Philippine drug war.

<span class="mw-page-title-main">International Criminal Court investigation in Ukraine</span> Ongoing investigation opened in 2022

The International Criminal Court investigation in Ukraine or the Situation in Ukraine is an ongoing investigation by the Prosecutor of the International Criminal Court (ICC) into "any past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person" during the period starting "from 21 November 2013 onwards", on an "open-ended basis", covering the Revolution of Dignity, the Russo-Ukrainian War including the 2014 annexation of Crimea by Russia, the war in Donbas and the Russian invasion of Ukraine. The ICC prosecutor commenced these investigations on 2 March 2022, after receiving referrals for the situation in Ukraine from 39 ICC State Parties.

The Russian invasion of Ukraine violated international law. The invasion has also been called a crime of aggression under international criminal law, and under some countries' domestic criminal codes – including those of Ukraine and Russia – although procedural obstacles exist to prosecutions under these laws.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 12 13 "Rome Statute of the International Criminal Court". United Nations Treaty Collection. 2019-05-16. Retrieved 2019-05-16.
  2. "The States Parties to the Rome Statute". International Criminal Court. Retrieved 15 October 2022.
  3. "Amendment to article 8 of the Rome Statute of the International Criminal Court". United Nations Treaty Collection. 2018-09-29. Retrieved 2018-09-29.
  4. "Amendments on the crime of aggression to the Rome Statute of the International Criminal Court". United Nations Treaty Collection. 2019-09-26. Retrieved 2019-09-26.
  5. "Chapter XVIII, Penal Matters 10.c: Amendment to article 124 of the Rome Statute of the International Criminal Court". United Nations Treaty Collection. 2019-05-17. Retrieved 2019-05-17.
  6. "CHAPTER XVIII, PENAL MATTERS 10. d Amendment to article 8 of the Rome Statute of the International Criminal Court (Weapons which use microbial or other biological agents, or toxins)". United Nations Treaty Collection. 2020-07-15. Retrieved 2020-07-16.
  7. "CHAPTER XVIII, PENAL MATTERS 10. e Amendment to article 8 of the Rome Statute of the International Criminal Court (Weapons the primary effect of which is to injure by fragments undetectable by x-rays in the human body)". United Nations Treaty Collection. 2020-07-15. Retrieved 2020-07-16.
  8. "CHAPTER XVIII, PENAL MATTERS 10. f Amendment to article 8 of the Rome Statute of the International Criminal Court (Blinding laser weapons)". United Nations Treaty Collection. 2020-07-15. Retrieved 2020-07-16.
  9. "Declaration by the Republic of Côte d'Ivoire Accepting the Jurisdiction of the International Criminal Court" (PDF). International Criminal Court. 2003-04-18. Retrieved 2011-04-06.
  10. "Depository Notification C.N.57.2015.TREATIES-XVIII.10" (PDF). United Nations. 2015-01-23. Retrieved 2015-01-31.
  11. 1 2 "SC sets oral debates on PH withdrawal from ICC". 2018-07-26. Retrieved 2018-07-28.
  12. 1 2 "Press Release". Supreme Court of the Philippines. 16 March 2021. Retrieved 16 March 2021. Pangilinan, et al. v. Cayetano, et al. (G.R. Nos. 238875, 239483, and 240954)
    In a unanimous decision [...], the Supreme Court dismissed the Petition questioning the unilateral withdrawal for being moot and academic.
  13. "ICC AND AFRICA - International Criminal Court and African Sovereignty". Archived from the original on 3 March 2016. Retrieved 5 May 2016.
  14. Reuters African Union accuses ICC prosecutor of bias
  15. Sicurelli, Daniela (2010). The European Union's Africa Policies. Ashgate Publishing. ISBN   9781409400981 . Retrieved 5 May 2016.
  16. Africa and the International Criminal Court: A drag net that catches only small fish?, Nehanda Radio, By William Muchayi, 24 September 2013, http://nehandaradio.com/2013/09/24/africa-and-the-international-criminal-court-a-drag-net-that-catches-only-small-fish/
  17. Europe - From Lubanga to Kony, is the ICC only after Africans?. France 24 (2012-03-15). Retrieved on 2014-04-28.
  18. African ICC Members Mull Withdrawal Over Bashir Indictment, Voice of America , 2009-06-08
  19. "Kenya MPs vote to withdraw from ICC". BBC. 2013-09-05. Retrieved 2013-09-11.
  20. "African Union summit on ICC pullout over Ruto trial". BBC News. 2013-09-20. Retrieved 2013-09-23.
  21. "Africans urge ICC not to try heads of state". www.aljazeera.com. Retrieved 2021-09-21.
  22. Fortin, Jacey (2013-10-12). "African Union Countries Rally Around Kenyan President, But Won't Withdraw From The ICC". International Business Times . Retrieved 2013-10-12.
  23. Kaberia, Judie (2013-11-20). "Win for Africa as Kenya agenda enters ICC Assembly". Capital News. Retrieved 2013-11-23.
  24. "Burundi". International Criminal Court . Retrieved 2016-12-05.
  25. Selfe, James (2017-03-14). "South Africa: DA Welcomes Withdrawal of the Rome Statute Repeal Bill". allAfrica. Retrieved 2017-03-16.
  26. Abdur Rahman Alfa Shaban (2017-07-05). "South Africa's ruling party supports ICC exit ahead of al-Bashir ruling". Africanews. Retrieved 2017-07-06.
  27. Ncana, Nkululeko (2019-10-30). "South Africa Revives International Criminal Court Withdrawal Plan". Bloomberg . Retrieved 2019-11-10.
  28. Makinana, Andisiwe (2023-03-15). "Government withdraws International Crimes Bill". SowetanLIVE. Retrieved 2023-03-17.
  29. "Statement by Prosecutor Karim A. A. Khan KC on the issuance of arrest warrants against President Vladimir Putin and Ms Maria Lvova-Belova". International Criminal Court. 17 March 2023. Archived from the original on 18 March 2023. Retrieved 19 March 2023.
  30. "S Africa backtracks on quitting ICC, blames communications error". Al Jazeera Media Network. 26 April 2023.
  31. Bartlett, Kate (26 April 2023). "South Africa's President Walks Back Vow to Leave ICC". Voice of America.
  32. Deutsch, Anthony; van den Berg, Stephanie (20 March 2023). "Explainer: What does the ICC arrest warrant mean for Putin?" . Retrieved 23 March 2023 via www.reuters.com.
  33. "Philippines formally informs UN of ICC withdrawal". The Philippine Star. 2018-03-16. Retrieved 2018-03-17.
  34. Calyag, Keith (21 March 2018). "Duterte's claim on Rome Statute ratification 'grossly incorrect'". Sun Star Manila. Retrieved 21 March 2018. The United Nations said Monday, March 19, that it received the official notification of the Philippines' decision but "the withdrawal shall take effect for the Philippines one year after the date of receipt, i.e., on March 17, 2019."
  35. "'Philippines has no intention of rejoining the ICC': Marcos Jr". Al Jazeera. 2022-08-01. Retrieved 2022-08-06.
  36. Amnesty International, Implementation Archived 2006-12-14 at the Wayback Machine . Accessed 2007-01-23. See also Article 86 of the Rome Statute
  37. Part 9 of the Rome Statute. Accessed 2007-01-23.
  38. [See Article 17 of the Rome Statute
  39. Amnesty International, The International Criminal Court: Summary of draft and enacted implementing legislation . Accessed 2007-01-23.
  40. Verbal note from the President of the Assembly of States Parties Archived 2011-06-24 at the Wayback Machine . Retrieved 27 August 2011. From page 3 on, the Procedure for the nomination and election of judges of the International Criminal Court is contained.
  41. Note verbale regarding the change of minimum voting requirement for Asia-Pacific states Archived 2012-09-19 at the Wayback Machine . 13 October 2011. Retrieved 17 October 2011.
  42. "ICC Weekly Update #208" (PDF). International Criminal Court. 2014-04-21. Retrieved 2016-05-25.
  43. "The determination of the Office of the Prosecutor on the communication received in relation to Egypt". International Criminal Court. 2014-05-08. Retrieved 2016-05-25.
  44. "Declarations Art. 12(3)". International Criminal Court . Retrieved 2015-02-01.
  45. "Declaration by the Palestinian National Authority Accepting the Jurisdiction of the International Criminal Court" (PDF). ICC. 2009-01-21. Retrieved 2014-09-05.
  46. "Prosecutor's Update on the situation in Palestine" (PDF). ICC. 2012-04-03. Retrieved 2014-09-05.
  47. "Q&A: Palestinians' upgraded UN status". BBC News. 2012-11-30. Retrieved 2014-09-05.
  48. "Report on Preliminary Examination Activities 2013" (PDF). Office of the Prosecutor of the International Criminal Court. 2013-11-25. Retrieved 2014-08-18.
  49. "Is the PA stalling Gaza war crimes probe?". Al Jazeera. 2014-09-12. Retrieved 2014-10-11.
  50. Bensouda, Fatou (2014-08-29). "Fatou Bensouda: the truth about the ICC and Gaza". The Guardian . Retrieved 2014-09-01.
  51. "ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT - THIRTEENTH SESSION" (PDF). International Criminal Court. 2014-12-17. Retrieved 2014-12-31.
  52. "Hague-based ICC accepts Palestine's status". Al Jazeera. 2014-12-09. Retrieved 2014-12-29.
  53. "Declaration accepting the jurisdiction of the International Criminal Court" (PDF). International Criminal Court. 2014-12-31. Retrieved 2015-01-04.
  54. "State of Palestine - Situation in the State of Palestine - ICC-01/18". International Criminal Court . Retrieved 2024-05-21.
  55. "ICC Pre-Trial Chamber I issues its decision on the Prosecutor's request related to territorial jurisdiction over Palestine". International Criminal Court . 2021-02-05. Archived from the original on 2022-02-14. Retrieved 2021-02-05.
  56. "Ukraine accepts ICC jurisdiction over alleged crimes committed between 21 November 2013 and 22 February 2014". ICC. 2014-04-17. Archived from the original on May 17, 2014. Retrieved 2014-09-05.
  57. "Ukraine accepts ICC jurisdiction over alleged crimes committed since 20 February 2014". ICC. 2015-09-08. Archived from the original on Sep 17, 2015. Retrieved 2015-09-08.
  58. "Armenia joins the ICC Rome Statute". ICC. 2023-11-17. Retrieved 2023-11-17.
  59. Part II §1 Art. 18 of the Vienna Convention on the Law of Treaties.
  60. The ratification and implementation of the Statute of the International Criminal Court in Bahrain, FIDH , 2006-07-10.
  61. Rights push for key court pact, Gulf Daily News , 2006-12-21.
  62. The American Non-Governmental Organizations Coalition for the International Criminal Court. Ratifications & Declarations. Accessed 2006-12-04.
  63. "Israel and the International Criminal Court". Israel Ministry of Foreign Affairs. Archived from the original on 5 August 2014. Retrieved 30 June 2002.
  64. Lawyers urge Kuwait to become ICC member Archived 2012-02-08 at the Wayback Machine , Kuwait Times , 2007-03-26, accessed on 2007-04-05
  65. "Report on Preliminary Examination Activities 2016" (PDF). International Criminal Court. 2016-11-14. Retrieved 2017-08-27.
  66. "Распоряжение Президента Российской Федерации от 16.11.2016 № 361-рп". President of Russia. 2016-11-26. Retrieved 2016-11-26.
  67. "Russia to Withdraw From the International Criminal Court". The Moscow Times . 2016-11-16. Retrieved 2016-11-26.
  68. "Reference: C.N.886.2016.TREATIES-XVIII.10 (Depositary Notification)" (PDF). United Nations. 2016-11-30. Retrieved 2016-11-30.
  69. "Opposition demands Sudan join ICC as talks held on civilian rule". Al Jazeera. 2019-04-27. Retrieved 2019-04-27.
  70. "Sudan takes 1st step towards joining International Criminal Court". Al Jazeera. 4 August 2021.
  71. War on drugs returns to bite Thaksin, Bangkok Post , 2006-11-23
  72. "[Decision of the Constitutional Court of Ukraine]" (in Ukrainian). Verkhovna Rada. 2001-07-11. Retrieved 2016-05-20.
  73. Statement by Ukraine regarding the Report of the International Criminal Court, UN , 2006-10-09.
  74. Article Title
  75. ICC President meets Minister for Foreign Affairs of Ukraine Archived 2012-04-05 at the Wayback Machine . ICC. 4 April 2012. Retrieved 4 April 2012.
  76. "Проект Закону про внесення змін до статті 124 Конституції України (щодо визнання положень Римського статуту)" (in Ukrainian). Verkhovna Rada . Retrieved 2016-05-20.
  77. "Проект Закону про внесення змін до статті 124 Конституції України (щодо визнання положень Римського статуту)" (in Ukrainian). Verkhovna Rada . Retrieved 2016-05-20.
  78. "Rada amends Constitution of Ukraine in part of justice". Interfax-Ukraine. 2016-06-02. Retrieved 2016-06-04.
  79. Matviyishyn, Iryna (2019-08-30). "Ukraine Urged to Get Ready for Post-Conflict Justice". Balkan Insight.
  80. Свобода, Радіо (2022-11-23). "Ukraine needs to ratify the Rome Statute as soon as possible – Ukrainian Nobel laureate". Радіо Свобода. Radio Free Europe/Radio Liberty . Retrieved 2023-04-09.
  81. "Clinton's statement on war crimes court". BBC News. 2000-12-31.
  82. Thomas Omestad, "The Brief for a World Court: A permanent war-crimes tribunal is coming, but will it have teeth?", U.S. News & World Report (September 28, 1997).
  83. Bolton, John R. (May 6, 2002). "International Criminal Court: Letter to UN Secretary General Kofi Annan". United States Department of State .
  84. Keppler, Elise (2009). The United States and the International Criminal Court: The Bush Administration's Approach and a Way Forward Under the Obama Administration. Stefan A. Riesenfeld Symposium. Berkeley Law.
  85. McLaurin, Luke A. (January 2006). "Can the President 'Unsign' a Treaty? A Constitutional Inquiry"". Washington University Law Review . 84 (7).
  86. 1 2 3 4 5 6 7 8 Lambert, Caitlin (March 4, 2014). "The Evolving US Policy Toward the ICC". International Justice Project. Archived from the original on 2019-01-22.
  87. "Status of US Bilateral Immunity Agreements" (PDF). Coalition for the International Criminal Court. Archived from the original (PDF) on 2006-10-11.
  88. 1 2 Human Rights Watch, "The ICC and the Security Council: Resolution 1422". Accessed 2007-01-11.
  89. BBC News, 20 March 2006. Q&A: International Criminal Court . Accessed 2007-01-11.
  90. "Trump admin to ban entry of International Criminal Court investigators". NBC News. 2019-03-15. Retrieved January 25, 2020.
  91. gulfnews.com, 26 March 2007. “Yemen becomes fourth Arab country to ratify ICC statute Archived 2007-09-29 at the Wayback Machine ”. Accessed 27 March 2007.
  92. Amnesty International, 27 March 2007. Amnesty International urges Yemen to complete the ratification of the Rome Statute. Accessed 2007-04-01.
  93. Almotamar.net, 9 April 2007. “”. Accessed 2021-05-19.
  94. "Organs Supplement", Repertory of Practice (PDF), United Nations, p. 10, archived from the original (PDF) on 2013-10-19, retrieved 2015-09-20
  95. 1 2 "Depositary Notification - Rome Statute of the International Criminal Court, Malaysia: Accession" (PDF). United Nations Treaty Collection. 2019-03-04. Retrieved 2019-05-18.
  96. 1 2 "Depositary Notification - Rome Statute of the International Criminal Court, Malaysia: Withdrawal of the Instrument of Accession" (PDF). United Nations Treaty Collection. 2019-05-15. Retrieved 2019-05-16.
  97. Lu, Jianping; Wang, Zhixiang (2005-07-06). "China's Attitude Towards the ICC". Journal of International Criminal Justice. 3 (3). Oxford University Press: 608–620. doi:10.1093/jicj/mqi056.
  98. Explanation of vote on the adoption of the Statute of the International Criminal Court, Embassy of India , 1998-07-17
  99. Ramanathan, Usha (2005-06-21). "India and the ICC". Journal of International Criminal Justice. 3 (3). Oxford University Press: 627–634. doi:10.1093/jicj/mqi055.
  100. 1 2 Amnesty International, Fact sheet: Indonesia and the International Criminal Court. DOC, HTML. Accessed 2007-01-23.
  101. RI to join global criminal court, Jakarta Post , 2007-02-11, accessed on 2007-02-11
  102. Aritonang, Margareth (2013-05-21). "Govt officially rejects Rome Statute". The Jakarta Post . Retrieved 2013-07-09.
  103. Iraq Pulls Out Of International Criminal Court, Radio Free Europe , 2005-03-02
  104. Groups Urge Iraq to Join International Criminal Court Archived 2006-11-23 at the Wayback Machine , Common Dreams , 2005-08-08
  105. Justice campaigners say US urged Lebanon not to join International Criminal Court, Daily Star (Lebanon) , 2009-03-12
  106. hermesauto (2019-04-05). "Malaysia withdraws from the Rome Statute of the International Criminal Court". The Straits Times. Archived from the original on Apr 6, 2019. Retrieved 2019-05-01.
  107. "Asian Parliamentarians' Consultation on the Universality of the International Criminal Court" (PDF). Parliamentarians for Global Action. 16 August 2006. Archived from the original (PDF) on Sep 27, 2007. Retrieved 2007-01-23.
  108. "Govt to ratify Rome Statute soon: Minister". República . 2015-03-17. Archived from the original on Apr 7, 2015. Retrieved 2015-04-03.
  109. "Wait for consensus cannot exceed two months: Acharya". The Himalayan Times . 2015-03-21. Archived from the original on 2017-07-01. Retrieved 2015-04-03.
  110. Akram, Munir (12 June 2003). "Statement by Ambassador Munir Akram, Permanent Representative of Pakistan to the United Nations, to the Security Council on the occasion of renewal of Resolution 1422 regarding International Criminal Court" (PDF). American Non-Governmental Organizations Coalition for the International Criminal Court (AMICC). Archived from the original (PDF) on 30 November 2012.
  111. McNeish, Hannah (2013-05-23). "South Sudan's President Says 'Never' to ICC". Voice of America . Retrieved 2015-04-03.
  112. Council Common Position on the International Criminal Court, American Coalition for the International Criminal Court, 2003-06-13
  113. Turkey, EU and the International Criminal Court Archived 2013-06-19 at the Wayback Machine , Journal of Turkish Weekly , 2005-04-14
  114. Constitutional Amendments [ permanent dead link ], Secretariat-General for EU Affairs (Turkey), 2004-05-10
  115. Turkey shelves accession to world criminal court Archived 2009-03-14 at the Wayback Machine , Zaman , 2008-01-20, accessed on 2008-01-20