TABLE OF AFRICAN STATES THAT HAVE SIGNED OR RATIFIED THE ROME STATUTE 1

Transcription

1 APPENDIX C TABLE OF AFRICAN STATES THAT HAVE SIGNED OR RATIFIED THE ROME STATUTE 1 on 3 1 Algeria 28/12/ Algeria is not a State 2 Angola 07/10/ /05/ /06/2005 Angola is not a State 3 Benin 24/09/ /01/ /09/ /01/ Botswana 08/09/ /09/ /06/ / Benin has draft, contained in L Avant projet de mise en oeuvre du statut de la Cour Pénale Internationale au Bénin No has been drafted to date 5 Burkina Faso 30/11/ /04/ /05/ /10/ /05/ Burundi 13/01/ /09/ A United States waiver was granted on 29/11/2004 During July 2006 Burkina Faso initiated the process of drafting In the process of drafting on

2 142 Table of African States that have signed or ratified the Rome Statute on 3 7 Cameroon 17/07/ Cameroon is not a 01/12/ Cape Verde 28/12/ Cape Verde has signed and ratified the 6 9 Central African Republic 07/12/ /10/ /10/ /04/ Chad 20/10/ /11/ /07/2003 Cape Verde is not a Central African Republic currently has some form of draft, which No has been drafted 11 Comoros 22/09/ /08/ /06/ Entered into force on the same date No has been drafted 12 Republic of Congo (Brazzaville) 17/07/ /05/ /2004 Congo-Brazzaville has draft both, contained in Loi No 8-98 du 31 octobre 1998: portant définition et répression du génocide, des crimes de guerre et des crimes contre l humanité

3 Democratic Republic of Congo (Kinshasa) on 3 08/09/ /04/ /03/ Djibouti 07/10/ /11/ /01/2003 The DRC has a Draft ICC Implementation Bill entitled Loi modifiant et complétant certaines dispositions du code pénale, du code d organisation et de la compétence judiciaires, du code pénal militaire et du code judiciaire militaire, en application du statut de la cour pénale internationale Djibouti has neither drafted nor enacted 15 Egypt 26/12/ Signed Egypt is not a State 16 Equatorial Guinea /09/ Equatorial-Guinea is not a 17 Eritrea 07/10/ /07/2004 Eritrea is not a State 18 Ethiopia /10/2004 Ethiopia is not a 19 Gabon 22/12/ /09/ /04/2003 Gabon currently has draft complemantarity

4 144 Table of African States that have signed or ratified the Rome Statute on 3 20 The Gambia 07/12/ /06/ /10/ / Ghana 18/07/ /12/ /09/ Guinea 08/09/ /07/ /04/ Guinea- Bissau 17/04/ /10/2003 The Gambia has not drafted any to date Ghana currently has some form of draft, which 06/04/ Guinea has neither drafted nor enacted to date 12/09/ Guinea-Bissau is not a 24 Ivory Coast 30/11/1998 Ivory Coast has not ratified but during 09/2003, it accepted the ICC s jurisdiction over crimes committed since 19/09/ /06/2003 Ivory Coast is not a 25 Kenya 11/08/ /03/ Publicly a 26 Lesotho 30/11/ /09/ /09/2005 Publicly a Kenya has drafted the International Crimes Bill 2005 which. The Bill is not yet in force. Lesotho currently has some form of draft, both the

5 145 on 3 27 Liberia 17/07/ /09/ /09/ Libyan Arab Jamahiriya 08/10/2003 US State Department waiver granted on 29/11/2004 No has been drafted Libyan Arab Jamahiriya is not a 29 Madagascar 18/07/ /09/ /04/2003 Madagascar is not a 30 Malawi 03/03/ /09/ /09/ No has been drafted or enacted 31 Mali 17/07/ /08/ /09/ /07/2004 Publicly the 32 Mauritania /09/2002 Ratified Mauritius 11/11/ /03/ /06/2003 On 01/07/2003, President Bush issued an ASPA waiver 34 Morocco 08/09/2000 Ratification requires a constitutional amendment on the issue of immunity of the King Law reform processes have begun with a view towards implementation of the Rome Statute. The draft implements only and is contained in Loi no du 20 août 2001, portent Code Pénal Mauritania is not a Mauritius has neither drafted nor enacted to date - - Morocco is not a

6 146 Table of African States that have signed or ratified the Rome Statute on 3 35 Mozambique 28/12/ Mozambique is not 06/ a 36 Namibia 27/10/ /06/ /09/ /01/2004 Publicly the 37 Niger 17/07/ /04/ Publicly the 38 Nigeria 01/06/ /09/ /06/2003 (entered into force on 06/10/2003) President Bush issued an ASPA waiver 39 Rwanda /03/2003 No has been drafted to date Niger has drafted only complementary Nigeria has drafted only, which is contained in The Rome Statute of the international Criminal Court (Ratification & Jurisdiction) Bill 2001 Rwanda is not a 40 Sahrawi Arab Democratic Republic 41 São Tomé and Príncipe Sahrawi Arab Democratic Republic is not a 28/12/ Exchange of notes on 06/11/2003 and 12/11/2003 in Libreville and São Tomé Sénégal 18/07/ /02/ /09/ /06/2003 São Tomé and Príncipe is not a On 12/02/2007 Sénégal adopted the ICC Implementation Act into National, which

7 147 on 3 43 Seychelles 28/12/ An agreement has reportedly been signed in 06/ Sierra Leone 17/10/ /09/ /09/ /03/ /05/2003 Seychelles is not a No has been drafted to date 45 Somalia Somalia is not a 46 South Africa 17/07/ /11/ Publicly the 47 Sudan 08/09/2000 Sudan is not a party to the ICC statute but referral of the situation in Sudan to the ICC by the Security Council brought it under the Court s scrutiny South Africa has enacted only cooperation and. The Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 was adopted on 26/06/ Sudan is not a State 48 Swaziland Swaziland is not a 49 Tanzania 29/12/ /08/ Publicly the 50 Togo /06/2003 No has been drafted by Tanzania Togo is not a State

8 148 Table of African States that have signed or ratified the Rome Statute on 3 51 Tunisia A has been signed 52 Uganda 17/03/ /06/ /04/ /06/ Zambia 17/07/ /11/ /07/2003 Tunisia is not a State Uganda has the draft International Criminal Court Bill 2006 which and co-operation Has some form of draft, which the 54 Zimbabwe 17/07/ Zimbabwe is not a Notes 1 Acknowledgment is given to the Coalition for the International Criminal Court for the majority of the information contained herein. 2 Article 48 of the Rome Statute provides privileges and immunities to the Court and its officials that are necessary for the effective functioning of the Court. 3 s essentially provide amnesty for US citizens. According to article 98(2) of the Rome Statute, [t]he Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender. The purpose of the s is to prevent the States concerned from transferring through whatever procedure, without the consent of the United States, any current or former Government officials, employers (including contractors), or military personnel or nationals of the United States either to the ICC or to a third State or entity with the purpose of eventual transfer to the ICC. 4 The has the status of an unconfirmed executive agreement. 5 It is possible that this agreement takes the form of an executive agreement. 6 The dates upon which the signature and subsequent ratification of the took place are as yet unconfirmed. 7 The has the status of an executive agreement. 8 An Executive was entered into on 6 May The signature took the form of a public announcement.

9 This agreement takes the form of an Executive. 11 Apparently, the has been ratified, but it is unknown exactly when this took place. 12 The was approved by the Council of Ministers in February 2004 and published in the official gazette in March It is possible that an Executive was entered into on 12 November Rome Statute of the International Criminal Court Signatures: 44 countries Ratifications: 29 countries drafted: 15 countries [Benin; Burundi; Central African Republic; Republic of Congo; Democratic Republic of Congo; Gabon; Ghana; Kenya; Lesotho; Mali; Niger; Nigeria; Uganda; Zambia] enacted and in force domestically: South Africa and Senegal on Immunities Signatures: 12 countries Ratifications: 5 countries Signatures: 34 countries Ratifications: 5 countries