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.
There are 125 states parties to the Rome Statute. [1]
State party [1] | Signed | Ratified or acceded | Entry into force | A1 [2] | A2 [3] | A3 [4] | A4 [5] | A5 [6] | A6 [7] | A7 [8] |
---|---|---|---|---|---|---|---|---|---|---|
Afghanistan | — | 10 February 2003 | 1 May 2003 | — | — | — | — | — | — | — |
Albania | 18 July 1998 | 31 January 2003 | 1 May 2003 | — | — | — | — | — | — | — |
Andorra | 18 July 1998 | 30 April 2001 | 1 July 2002 | In force | In force | Ratified | — | — | — | In force |
Antigua and Barbuda | 23 October 1998 | 18 June 2001 | 1 July 2002 | — | — | — | — | — | — | — |
Argentina | 8 January 1999 | 8 February 2001 | 1 July 2002 | In force | In force | — | — | — | — | — |
Armenia [A] | 1 October 1999 | 14 November 2023 | 1 February 2024 | — | — | — | — | — | — | — |
Australia | 9 December 1998 | 1 July 2002 | 1 September 2002 | — | — | — | — | — | — | — |
Austria | 7 October 1998 | 28 December 2000 | 1 July 2002 | In force | In force | Ratified | — | — | — | — |
Bangladesh | 16 September 1999 | 23 March 2010 | 1 June 2010 | — | — | — | — | — | — | — |
Barbados | 8 September 2000 | 10 December 2002 | 1 March 2003 | — | — | — | — | — | — | — |
Belgium | 10 September 1998 | 28 June 2000 | 1 July 2002 | In force | In force | Ratified | Ratified | Ratified | Ratified | Ratified |
Belize | 5 April 2000 | 5 April 2000 | 1 July 2002 | — | — | — | — | — | — | — |
Benin | 24 September 1999 | 22 January 2002 | 1 July 2002 | — | — | — | — | — | — | — |
Bolivia | 17 July 1998 | 27 June 2002 | 1 September 2002 | — | In force | — | — | — | — | — |
Bosnia and Herzegovina | 17 July 1998 | 11 April 2002 | 1 July 2002 | — | — | — | — | — | — | — |
Botswana | 8 September 2000 | 8 September 2000 | 1 July 2002 | In force | In force | — | — | — | — | — |
Brazil | 7 February 2000 | 20 June 2002 | 1 September 2002 | — | — | — | — | — | — | — |
Bulgaria | 11 February 1999 | 11 April 2002 | 1 July 2002 | — | — | — | — | — | — | — |
Burkina Faso | 30 November 1998 | 16 April 2004 | 1 July 2004 | — | — | — | — | — | — | — |
Cambodia | 23 October 2000 | 11 April 2002 | 1 July 2002 | — | — | — | — | — | — | — |
Canada | 18 December 1998 | 7 July 2000 | 1 July 2002 | — | — | — | — | — | — | — |
Cape Verde | 28 December 2000 | 10 October 2011 | 1 January 2012 | — | — | — | — | — | — | — |
Central African Republic | 12 December 1999 | 3 October 2001 | 1 July 2002 | — | — | — | — | — | — | — |
Chad | 20 October 1999 | 1 November 2006 | 1 January 2007 | — | — | — | — | — | — | — |
Chile | 11 September 1998 | 29 June 2009 | 1 September 2009 | In force | In force | — | In force | In force | In force | — |
Colombia [B] | 10 December 1998 | 5 August 2002 | 1 November 2002 | — | — | — | — | — | — | — |
Comoros | 22 September 2000 | 18 August 2006 | 1 November 2006 | — | — | — | — | — | — | — |
Congo, Democratic Republic of the | 8 September 2000 | 11 April 2002 | 1 July 2002 | — | — | — | — | — | — | — |
Congo, Republic of the | 17 July 1998 | 3 May 2004 | 1 August 2004 | — | — | — | — | — | — | — |
Cook Islands | — | 18 July 2008 | 1 October 2008 | — | — | — | — | — | — | — |
Costa Rica | 7 October 1998 | 7 June 2001 | 1 July 2002 | In force | In force | — | — | — | — | — |
Côte d'Ivoire [C] | 30 November 1998 | 15 February 2013 | 1 May 2013 | — | — | — | — | — | — | — |
Croatia | 12 October 1998 | 21 May 2001 | 1 July 2002 | In force | In force | Ratified | In force | In force | In force | In force |
Cyprus | 15 October 1998 | 7 March 2002 | 1 July 2002 | In force | In force | Ratified | Ratified | Ratified | Ratified | Ratified |
Czech Republic | 13 April 1999 | 21 July 2009 | 1 October 2009 | In force | In force | — | In force | In force | In force | — |
Denmark [D] | 25 September 1998 | 21 June 2001 | 1 July 2002 | — | — | — | — | — | — | — |
Djibouti | 7 October 1998 | 5 November 2002 | 1 February 2003 | — | — | — | — | — | — | — |
Dominica | — | 12 February 2001 | 1 July 2002 | — | — | — | — | — | — | — |
Dominican Republic | 8 September 2000 | 12 May 2005 | 1 August 2005 | — | — | — | — | — | — | — |
East Timor | — | 6 September 2002 | 1 December 2002 | — | — | — | — | — | — | — |
Ecuador | 7 October 1998 | 5 February 2002 | 1 July 2002 | — | In force | — | — | — | — | — |
El Salvador | — | 3 March 2016 | 1 June 2016 | In force | In force | — | — | — | — | — |
Estonia | 27 December 1999 | 30 January 2002 | 1 July 2002 | In force | In force | Ratified | Ratified | Ratified | Ratified | Ratified |
Fiji | 29 November 1999 | 29 November 1999 | 1 July 2002 | — | — | — | — | — | — | — |
Finland | 7 October 1998 | 29 December 2000 | 1 July 2002 | In force | In force | Ratified | — | — | — | — |
France [E] | 18 July 1998 | 9 June 2000 | 1 July 2002 | — | — | Ratified | — | — | — | — |
Gabon | 22 December 1998 | 20 September 2000 | 1 July 2002 | — | — | — | — | — | — | — |
Gambia, The [F] | 4 December 1998 | 28 June 2002 | 1 September 2002 | — | — | — | — | — | — | — |
Georgia | 18 July 1998 | 5 September 2003 | 1 December 2003 | In force | In force | — | — | — | — | — |
Germany | 10 December 1998 | 11 December 2000 | 1 July 2002 | In force | In force | Ratified | In force | In force | In force | In force |
Ghana | 18 July 1998 | 20 December 1999 | 1 July 2002 | — | — | — | — | — | — | — |
Greece | 18 July 1998 | 15 May 2002 | 1 August 2002 | — | — | — | — | — | — | — |
Grenada | — | 19 May 2011 | 1 August 2011 | — | — | — | — | — | — | — |
Guatemala | — | 2 April 2012 | 1 July 2012 | — | — | — | — | — | — | — |
Guinea | 7 September 2000 | 14 July 2003 | 1 October 2003 | — | — | — | — | — | — | — |
Guyana | 28 December 2000 | 24 September 2004 | 1 December 2004 | In force | In force | — | — | — | — | — |
Honduras | 7 October 1998 | 1 July 2002 | 1 September 2002 | — | — | — | — | — | — | — |
Hungary | 15 January 1999 | 30 November 2001 | 1 July 2002 | — | — | — | — | — | — | — |
Iceland | 26 August 1998 | 25 May 2000 | 1 July 2002 | — | In force | — | — | — | — | — |
Ireland | 7 October 1998 | 11 April 2002 | 1 July 2002 | — | In force | — | — | — | — | — |
Italy | 18 July 1998 | 26 July 1999 | 1 July 2002 | In force | In force | Ratified | — | — | — | — |
Japan | — | 17 July 2007 | 1 October 2007 | — | — | — | — | — | — | — |
Jordan | 7 October 1998 | 11 April 2002 | 1 July 2002 | — | — | — | — | — | — | — |
Kiribati | — | 26 November 2019 | 1 February 2020 | — | — | — | — | — | — | — |
Kenya | 11 August 1999 | 15 March 2005 | 1 June 2005 | — | — | — | — | — | — | — |
Korea, South | 8 March 2000 | 13 November 2002 | 1 February 2003 | — | — | — | — | — | — | — |
Latvia | 22 April 1999 | 28 June 2002 | 1 September 2002 | In force | In force | Ratified | In force | In force | In force | — |
Lesotho | 30 November 1998 | 6 September 2000 | 1 July 2002 | — | — | — | — | — | — | — |
Liberia | 17 July 1998 | 22 September 2004 | 1 December 2004 | — | — | — | — | — | — | — |
Liechtenstein | 18 July 1998 | 2 October 2001 | 1 July 2002 | In force | In force | Ratified | In force | — | — | In force |
Lithuania | 10 December 1998 | 12 May 2003 | 1 August 2003 | In force | In force | Ratified | Ratified | Ratified | Ratified | Ratified |
Luxembourg | 13 October 1998 | 8 September 2000 | 1 July 2002 | In force | In force | — | In force | In force | In force | In force |
Madagascar | 18 July 1998 | 14 March 2008 | 1 June 2008 | — | — | — | — | — | — | — |
Malawi | 2 March 1999 | 19 September 2002 | 1 December 2002 | — | — | — | — | — | — | — |
Maldives | — | 21 September 2011 | 1 December 2011 | — | — | — | — | — | — | — |
Mali | 17 July 1998 | 16 August 2000 | 1 July 2002 | — | — | — | — | — | — | — |
Malta | 17 July 1998 | 29 November 2002 | 1 February 2003 | In force | In force | — | — | — | — | — |
Marshall Islands | 6 September 2000 | 7 December 2000 | 1 July 2002 | — | — | — | — | — | — | — |
Mauritius | 11 November 1998 | 5 March 2002 | 1 July 2002 | In force | — | — | — | — | — | — |
Mexico | 7 September 2000 | 28 October 2005 | 1 January 2006 | In force | — | — | In force | In force | In force | — |
Moldova | 8 September 2000 | 12 October 2010 | 1 January 2011 | — | — | — | — | — | — | — |
Mongolia | 29 December 2000 | 11 April 2002 | 1 July 2002 | In force | In force | — | — | — | — | — |
Montenegro [G] | — | 23 October 2006 | 3 June 2006 | — | — | — | — | — | — | — |
Namibia | 27 October 1998 | 25 June 2002 | 1 September 2002 | — | — | — | — | — | — | — |
Nauru | 13 December 2000 | 12 November 2001 | 1 July 2002 | — | — | — | — | — | — | — |
Netherlands | 18 July 1998 | 17 July 2001 | 1 July 2002 | In force | In force | Ratified | In force | In force | In force | In force |
New Zealand [H] | 7 October 1998 | 7 September 2000 | 1 July 2002 | In force | — | — | In force | In force | In force | In force |
Niger | 17 July 1998 | 11 April 2002 | 1 July 2002 | — | In force | — | — | — | — | — |
Nigeria | 1 June 2000 | 27 September 2001 | 1 July 2002 | — | — | — | — | — | — | — |
North Macedonia | 7 October 1998 | 6 March 2002 | 1 July 2002 | In force | In force | — | — | — | — | — |
Norway | 28 August 1998 | 16 February 2000 | 1 July 2002 | In force | — | Ratified | In force | In force | In force | In force |
Palestine [I] [J] | — | 2 January 2015 | 1 April 2015 | In force | In force | — | — | — | — | — |
Panama | 18 July 1998 | 21 March 2002 | 1 July 2002 | In force | In force | — | — | — | — | — |
Paraguay | 7 October 1998 | 14 May 2001 | 1 July 2002 | In force | In force | — | — | — | — | — |
Peru | 7 December 2000 | 10 November 2001 | 1 July 2002 | In force | In force | — | — | — | — | — |
Poland | 9 April 1999 | 12 November 2001 | 1 July 2002 | In force | In force | — | — | — | — | — |
Portugal | 7 October 1998 | 5 February 2002 | 1 July 2002 | In force | In force | Ratified | — | — | — | In force |
Romania | 7 July 1999 | 11 April 2002 | 1 July 2002 | In force | — | Ratified | In force | In force | In force | In force |
Saint Kitts and Nevis | — | 22 August 2006 | 1 November 2006 | — | — | — | — | — | — | — |
Saint Lucia | 27 August 1999 | 18 August 2010 | 1 November 2010 | — | — | — | — | — | — | — |
Saint Vincent and the Grenadines | — | 3 December 2002 | 1 March 2003 | — | — | — | — | — | — | — |
Samoa | 17 July 1998 | 16 September 2002 | 1 December 2002 | In force | In force | — | — | — | — | — |
San Marino | 18 July 1998 | 13 May 1999 | 1 July 2002 | In force | In force | — | — | — | — | — |
Senegal | 18 July 1998 | 2 February 1999 | 1 July 2002 | — | — | — | — | — | — | — |
Serbia | 19 December 2000 | 6 September 2001 | 1 July 2002 | — | — | — | — | — | — | — |
Seychelles | 28 December 2000 | 10 August 2010 | 1 November 2010 | — | — | — | — | — | — | — |
Sierra Leone | 17 October 1998 | 15 September 2000 | 1 July 2002 | — | — | — | — | — | — | — |
Slovakia | 23 December 1998 | 11 April 2002 | 1 July 2002 | In force | In force | Ratified | In force | In force | In force | — |
Slovenia | 7 October 1998 | 31 December 2001 | 1 July 2002 | In force | In force | Ratified | In force | In force | In force | In force |
South Africa [K] | 17 July 1998 | 27 November 2000 | 1 July 2002 | — | — | — | — | — | — | — |
Spain | 18 July 1998 | 24 October 2000 | 1 July 2002 | In force | In force | Ratified | — | — | — | — |
Suriname | — | 15 July 2008 | 1 October 2008 | — | — | — | — | — | — | — |
Sweden | 7 October 1998 | 28 June 2001 | 1 July 2002 | In force | In force | Ratified | In force | — | — | — |
Switzerland | 18 July 1998 | 12 October 2001 | 1 July 2002 | In force | In force | Ratified | In force | In force | In force | In force |
Tanzania | 29 December 2000 | 20 August 2002 | 1 November 2002 | — | — | — | — | — | — | — |
Tajikistan | 30 November 1998 | 5 May 2000 | 1 July 2002 | — | — | — | — | — | — | — |
Trinidad and Tobago | 23 March 1999 | 6 April 1999 | 1 July 2002 | In force | In force | — | — | — | — | — |
Tunisia | — | 24 June 2011 | 1 September 2011 | — | — | — | — | — | — | — |
Uganda | 17 March 1999 | 14 June 2002 | 1 September 2002 | — | — | — | — | — | — | — |
Ukraine [L] | 20 January 2000 | 25 October 2024 | 1 January 2025 | Ratified | Ratified | — | Ratified | Ratified | Ratified | Ratified |
United Kingdom [M] | 30 November 1998 | 4 October 2001 | 1 July 2002 | — | — | — | — | — | — | — |
Uruguay | 19 December 2000 | 28 June 2002 | 1 September 2002 | In force | In force | Ratified | In force | In force | In force | In force |
Vanuatu | — | 2 December 2011 | 1 February 2012 | — | — | — | — | — | — | — |
Venezuela | 14 October 1998 | 7 June 2000 | 1 July 2002 | — | — | — | — | — | — | — |
Zambia | 17 July 1998 | 13 November 2002 | 1 February 2003 | — | — | — | — | — | — | — |
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. [13] 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”. [14]
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. [15]
As of April 2006, the following states had enacted or drafted implementing legislation: [16]
States | Complementarity legislation | Co-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 Kingdom | Enacted | Enacted |
Colombia, Congo, Serbia, Montenegro | Enacted | Draft |
Burundi, Costa Rica, Mali, Niger, Portugal | Enacted | None |
France, Norway, Peru, Poland, Slovenia, Sweden, Switzerland | Draft | Enacted |
Austria, Japan, Latvia, Romania | None | Enacted |
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, Zambia | Draft | Draft |
Dominican Republic, Ecuador, Honduras, Hungary, Jordan, Panama, Venezuela | Draft | None |
Mexico | None | Draft |
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-Leste | None | None |
Date | Signatures | |
31 December 1998 | 72 | |
31 December 1999 | 93 | |
31 December 2000 | 139 | |
Date | Ratifications/accessions | Remaining signatories |
31 December 1998 | 0 | 72 |
31 December 1999 | 6 | 87 |
31 December 2000 | 27 | 112 |
31 December 2001 | 48 | 92 |
31 December 2002 | 87 | 55 |
31 December 2003 | 92 | 51 |
31 December 2004 | 97 | 46 |
31 December 2005 | 100 | 43 |
31 December 2006 | 104 | 41 |
31 December 2007 | 105 | |
31 December 2008 | 108 | 40 |
31 December 2009 | 110 | 38 |
31 December 2010 | 114 | 34 |
31 December 2011 | 120 | 32 |
31 December 2012 | 121 | |
31 December 2013 | 122 | 31 |
31 December 2014 | ||
31 December 2015 | 123 | |
31 December 2016 | 124 | |
31 December 2017 | 123 | 32 |
31 December 2018 | 123 | |
31 December 2019 | 123 | 33 |
31 December 2023 | 124 | 32 |
The number of states parties from the several United Nations regional groups has an influence on the regional minimum voting requirements during elections of judges. Paragraph 20(b) of the procedure for the nomination and election of judges of the Court [17] states that each Party must vote for at least as many candidates from a regional group as would be required to bring the number of judges from that group to two. If, however, more than 16 states parties belong to the group, this target is increased to three.
The following table lists how many states parties there are from each regional group as of August 2024. [update] After the accession of the Maldives on 1 December 2011, the Asia–Pacific Group became the last regional group to reach the threshold size of 17 members, just in time to increase the minimum voting requirement for this group in the 2011 election. [18] Since then, the target for the regional minimum voting requirement has remained at three for all regional groups. This has resulted in at least three judges from each regional group sitting on the bench except during the term from 2020 to 2023, when there were only two judges from the Asia–Pacific group. Because only a single candidate from that group was nominated in the 2020 election, no minimum voting requirement was applied for the group, and the one nominee was not elected.
Group | Number of states parties |
African Group | 33 |
Asia–Pacific Group | 19 |
Eastern European Group | 19 |
Latin American and Caribbean Group | 28 |
Western European and Others Group | 25 |
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 the notification before it came into effect.
State party [1] | Signed | Ratified or acceded | Entry into force | Withdrawal notified | Withdrawal effective | Withdrawal rescinded |
---|---|---|---|---|---|---|
Burundi | 13 January 1999 | 21 September 2004 | 1 December 2004 | 27 October 2016 | 27 October 2017 | — |
Gambia, The | 4 December 1998 | 28 June 2002 | 1 September 2002 | 10 November 2016 | — | 10 February 2017 |
Philippines | 28 December 2000 | 30 August 2011 | 1 November 2011 | 17 March 2018 [N] | 17 March 2019 | — |
South Africa | 17 July 1998 | 27 November 2000 | 1 July 2002 | 19 October 2016 | — | 7 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. [21] [22] [23] 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. [24] [25]
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. [26] 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). [27] 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. [28] The summit concluded that serving heads of state should not be put on trial, and that the Kenyan cases should be deferred. [29] However, the summit did not endorse the proposal for a mass withdrawal due to lack of support for the idea. [30] 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. [31]
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. [32] 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. [33] The governing African National Congress party continued to support withdrawing, [34] and in 2019 a new bill was put before Parliament to withdraw from the Statute, [35] though this was also withdrawn in March 2023. [36] 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, [37] 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. [38] [39] [40]
On March 14, 2018, Rodrigo Duterte, the Philippine President who was under preliminary examination by the ICC for his controversial war on drugs campaign, announced that the country would withdraw from the Rome Statute. [41] 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; [42] 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, [19] was dismissed in a unanimous decision for being "moot and academic" [20] 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". [43] However, the Philippines government has also confirmed that it would extradite Duterte to the ICC if the matter is transferred to Interpol. [44]
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. [45] [46]
State [47] | Date of acceptance | Start of jurisdiction | End of jurisdiction | Date of membership |
---|---|---|---|---|
Côte d'Ivoire [C] | 18 April 2003 | 19 September 2002 | Indefinite | 1 May 2013 |
Palestine* [I] | 21 January 2009 | 1 July 2002 | Indefinite | 1 April 2015 |
Ukraine [L] | 9 April 2014 | 21 November 2013 | 22 February 2014 | 1 January 2025 |
Palestine [I] | 31 December 2014 | 13 June 2014 | Indefinite | 1 April 2015 |
Ukraine [L] | 8 September 2015 | 20 February 2014 | Indefinite | 1 January 2025 |
Armenia [A] | 15 November 2023 | 10 May 2021 | Indefinite | 1 February 2024 |
* | = Declaration has been deemed invalid by the Office of the Prosecutor. |
Of the 139 states that had signed the Rome Statute, 29 have not ratified. [1]
State [1] | Signature |
---|---|
Algeria | 28 December 2000 |
Angola | 7 October 1998 |
Bahamas, The | 29 December 2000 |
Bahrain | 11 December 2000 |
Cameroon | 17 July 1998 |
Egypt | 26 December 2000 |
Eritrea | 7 October 1998 |
Guinea-Bissau | 12 September 2000 |
Haiti | 26 February 1999 |
Iran | 31 December 2000 |
Israel* [O] | 31 December 2000 |
Jamaica | 8 September 2000 |
Kuwait | 8 September 2000 |
Kyrgyzstan | 8 December 1998 |
Monaco | 18 July 1998 |
Morocco | 8 September 2000 |
Mozambique | 28 December 2000 |
Oman | 20 December 2000 |
Russia* [P] | 13 September 2000 |
São Tomé and Príncipe | 28 December 2000 |
Solomon Islands | 3 December 1998 |
Sudan* [Q] | 8 September 2000 |
Syria | 29 November 2000 |
Thailand | 2 October 2000 |
United Arab Emirates | 27 November 2000 |
United States* [R] | 31 December 2000 |
Uzbekistan | 29 December 2000 |
Yemen | 28 December 2000 |
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". [60] 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.
The government of Bahrain originally announced in May 2006 that it would ratify the Rome Statute in the session ending in July 2006. [61] By December 2006, the ratification had not yet been completed, but the Coalition for the International Criminal Court said they expected ratification in 2007. [62]
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. [63]
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. [64]
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. [65]
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". [66] 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". [67] [68] Formal notice was given on 30 November 2016. [69]
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. [70]
On 4 August 2021, the Sudanese government approved unanimously a draft bill to join the Rome Statute of the International Criminal Court. [71]
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. [72]
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." [73] 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. [74] 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." [75] This letter is sometimes called the "unsigning" of the treaty, but legal opinions on its actual legal effects differ, [76] with some scholars arguing that the president does not have the power to unilaterally "unsign" treaties. [77]
The United States "adopted a hostile stance towards the Court throughout most of the Bush presidency." [78] 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." [78] 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." [78] 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. [78] 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. [78] "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)." [78] As of December 2006, the U.S. State Department reported that it had signed 102 BIAs. [79] 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. [80] 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. [80] 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. [81]
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." [78] 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." [78]
The first 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. [82]
On 24 March 2007, the Yemeni parliament voted to ratify the Rome Statute. [83] [84] However, some MPs claim that this vote breached parliamentary rules, and demanded another vote. In that further vote, the ratification was retracted. [85]
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, [86] 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:
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. [89]
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. [90] 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. [91]
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”. [92] 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. [92] 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. [93] 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". [94]
In February 2005, the Iraqi Transitional Government decided to ratify the Rome Statute. However, two weeks later they reversed this decision, [95] a move that the Coalition for the International Criminal Court claimed was due to pressure from the United States. [96]
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. [97] Following the outbreak of the Israel–Hamas war which triggered clashes between Israel and the Lebanese armed group Hezbollah, in April 2024 Lebanon's cabinet decided to submit a declaration to the ICC accepting the court's jurisdiction over crimes committed on Lebanese territory since 7 October 2023. However, the following month this decision was reversed, and the declaration was not submitted. [98]
Malaysia submitted an instrument of accession to the Rome Statute on 4 March 2019, which was to enter into force on 1 June. [87] 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. [88] 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. [99]
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. [100]
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. [101] [102]
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. [103]
South Sudan's President Salva Kiir Mayardit said in 2013 that the country would not join the ICC. [104]
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. [105] Turkish Prime Minister Recep Tayyip Erdoğan stated in October 2004 that Turkey would "soon" ratify the Rome Statute, [106] and the Turkish constitution was amended in 2004 to explicitly allow nationals to be surrendered to the Court. [107] 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). [108]
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.
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 October 2024, 125 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".
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.
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.
A preliminary examination of possible war crimes committed by United Kingdom (UK) military forces during the invasion of Iraq in March 2003 was started by the ICC in 2005 and closed in 2006. The preliminary examination was reopened in 2014 in the light of new evidence.
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.
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.
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.
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".
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.
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.
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."
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.
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.
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.
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.
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."