Coalition for the International Criminal Court

Transcription

1 Coalition for the International Criminal Court GLOBAL ADVOCACY CAMPAIGN FOR THE INTERNATIONAL CRIMINAL COURT Chart on the Status of Ratification and Implementation of the Rome Statute and the Agreement on Privileges and Immunities (APIC) This document has been produced with information provided by governments and NGO members. The Coalition welcomes any updates or corrections to the information provided in the document. This document was updated in May

2 Table of Contents I. LATIN AMERICA AND THE CARIBBEAN 3 II. MIDDLE EAST AND NORTH AFRICA..8 III. EUROPE AND CIS...11 IV. ASIA/PACIFIC...22 V. AFRICA...27 KEY FOR COMPLEMENTARITY/COOPERATION TABLE = Law has been enacted or there are specific provisions in national legislation in this regard * = Law is in the process of being enacted = Law has not been enacted/no substantive progress on law 2

3 I. LATIN AMERICA AND THE CARIBBEAN States Antigua and Barbuda Rome Statute Signature (S), Ratification (R), or Accession (A) date Implementation Into domestic law R: 18 June 2001 No information available Argentina R: 8 February 2001 COMPLEMENTARITY On 13 December 2006, the National Congress approved the ICC Implementation Law (Law #26200) including both complementarity and cooperation provisions. The law was enacted on 5 January APIC Signature (S), Ratification (R), or Accession (A) date R: 1 February 2007 Bahamas S: 29 December 2000 No information available S: 30 June 2004 Barbados R: 10 December 2002 COMPLEMENTARITY * The government has stated that it is conducting initial evaluations to move forward with national implementation of the Statute. Belize R: 5 April 2000 No information available R: 14 September 2005 Bolivia R: 27 June 2002 COMPLEMENTARITY * In February 2006, the Ombudsman's Office presented an ICC implementation bill for consideration by Congress. The bill includes complementarity and cooperation provisions. Although it was presented to Congress, the bill is yet to be debated and the process remains stagnant at the time. The National IHL Committee had been monitoring the process very closely. However, this Committee has been recently deactivated, further contributing to the stagnation o the process. R: 20 January 2006 Brazil R: 20 June 2002 COMPLEMENTARITY * The implementation draft has already been discussed and adopted by the different committees in the Deputies Chamber, the lower house of Congress. The bill is now awaiting approval before being submitted to Senado Federal, the upper house of Congress. The current version of the bill provides for equal standards for military and civilian superiors, and there is a new provision stating that military necessity does not exclude criminal responsibility. Matters of concern include a broad provision on the application of military R: 12 December

4 legislation and the lack of a provision prohibiting immunities and superior orders as a defense. Chile R: 29 June 2009 COMPLEMENTARITY On 7 April 2009, the Chilean Senate unanimously approved Bill incorporating crimes against humanity, the crime of genocide and war crimes into national legislation. On May 6th 2009, the Chilean Chamber of Deputies did the same. The law was enacted and officially published on July 18, Adoption of ICC crimes legislation had been set as a precondition for ratification. During the Review Conference, Chile pledged to deploy every effort to submit a bill on cooperation with the ICC to the Parliament before December Colombia R: 5 August 2002 COMPLEMENTARITY Colombian criminal law already encompasses most of the crimes covered by the RS. However, some provisions require revision, particularly the Military (and Criminal) Code of Justice (i.e., provision on superior orders), amnesty for paramilitaries and military jurisdiction for human rights violations, crimes against humanity and others. The Ministry of Foreign Affairs has prepared a draft ICC cooperation bill. Civil society is seeking to provide comments to the draft. Costa Rica R: 7 June 2001 COMPLEMENTARITY In May 2002, Costa Rica enacted an amendment to the Criminal Code (Law 8272) that makes reference to those crimes contained in international treaties that the country has ratified, including the RS. A bill to include war crimes in the Criminal Code is pending discussion at relevant Congressional Commissions. The Bill includes all RS crimes as well as complementarity provisions. Dominica A: 12 February 2001 COMPLEMENTARITY * An ICC Implementing Legislation Bill including both complementarity and cooperation provisions was prepared by the Attorney General s Office in There is no information on the progress of this bill. Dominican Republic R: 12 May 2005 COMPLEMENTARITY * The House of Representatives approved A: 26 September 2011 R: 15 April 2009 R: 28 April 2011 A: 10 September

5 the new Criminal Code on 26 July 2006 and sent it to the executive. However, due to opposition by diverse constituencies to various issues in the proposed Code, the President returned it to the House for further review, specifying necessary revisions and observations. In terms of the RS, the President specifically mentioned that although crimes against humanity and genocide had been typified, there was a need to also include war crimes. Other political priorities have delayed consideration of this matter in the House. Ecuador R: 5 February 2002 COMPLEMENTARITY * In 2002, a draft law implementing the RS was submitted to Congress by a local NGO, in conjunction with a Congressional Commission. However the process was stalled for a significant period. The National Commission of International Humanitarian Law, an intergovernmental working group, took this original proposal and is in the process of drafting a new bill that will include both cooperation and complementarity provisions. The proposal is being reviewed by the Ministry of Justice within the framework of the review and amendment to the Criminal Code. El Salvador In 2009, government actors stated that they were evaluating ratification of the Rome Statute. During a UJ debate held at UN Headquarters, the Salvadorian delegation expressly stated that the RS is included among the treaties which they are hoping to ratify shortly. There is debate regarding whether a constitutional amendment is necessary for El Salvador to become a party to the RS. NGOs, MPs and other key stakeholders have started to share comparative experiences of countries that were faced with similar situations, and are also advocating for the adoption of an interpretative approach rather than an amendment. Not addressing the issue at this time. Grenada A: 19 May 2011 No information available Guatemala A: 2 April 2012 Not discussing implementation at this time. Guyana R: 24 September 2004 COMPLEMENTARITY The government has maintained that they are committed to initiating the ICC implementing legislation process. However, other priorities have delayed R: 19 April 2006 R: 16 November

6 this process. Haiti S: 26 February 1999 The government is not considering the issue at this time. Honduras R: 1 July 2002 COMPLEMENTARITY * There is currently an initiative to amend some specific sections of the criminal code, for example the definition of the crime of torture, but a more thorough criminal review process is necessary in order to define ICC crimes and adopt specific cooperation legislation. Jamaica S: 8 September 2000 COMPLEMENTARITY In 2002, the Cabinet mandated that a working group be established to look at the issues involved in ratifying and implementing the RS into domestic law. The Working Group met over several months and did a clause by clause analysis of the RS, identifying how each article could be implemented. In 2009, the government indicated that it was still conducting its internal evaluation. Mexico R: 28 October 2005 COMPLEMENTARITY * At the end of 2006, the executive presented an ICC cooperation bill to the Senate. On December 15, 2009, the Senate approved the Regulation to paragraph 8 of Article 21 of the Mexican Constitution, which establishes the terms and conditions for the cooperation with the ICC. This was submitted to the Lower House of Congress (Camara de Diputados) for its debate. To date, the bill has yet to be considered by the relevant commissions. In relation to legislation on crimes, at the beginning of 2008 an MP presented an initiative to incorporate various provisions implementing RS crimes but several stakeholders expressed reservations on the bill s content. Nicaragua COMPLEMENTARITY A new Criminal Code was adopted in June 2008 which includes most of the RS crimes as well as complementarity provisions. Panama R: 21 March 2002 COMPLEMENTARITY In May 2007, Panama enacted a new Criminal Code including most of the crimes under the RS and other complementarity provisions. Paraguay R: 14 May 2001 COMPLEMENTARITY * The Ministry of Foreign Affairs has A: 1 April 2008 S: 30 June 2004 A: 27 September 2007 R: 16 August 2004 R: 19 July

7 produced an ICC draft bill including cooperation and complementarity provisions which is poised to be approved by Congress in the coming months. Peru R: 10 November 2001 COMPLEMENTARITY * A technical ad hoc- Parliamentarian commission ( Comision Revisora del Codigo Penal ) was set up in October 2002 to draft a new Criminal Code including RS crimes. The bill was introduced in the Justice and Human Rights Commission, but lack of political will and other priorities had delayed its consideration. In February 2011, the ad-hoc Parliamentarian commission approved the Rome Statute implementing bill, which includes which would implement Rome Statute crimes. The bill includes most of the provisions included in the 2009 implementation bill which had been debated in Parliament but was never approved. The next step is for the President of the ad-hoc Parliamentarian Committee (Comision Revisora) to submit the bill to parliament in plenary for final approval. The referral to the plenary often requires a favorable vote from a relevant Parliamentary Committee, which Coalition Members in Peru have stated could be delayed due to the April 2011 presidential and parliamentarian elections. S: 10 September 2002 Before congress since Saint Kitts and Nevis In February 2006, the Peruvian government enacted a new Criminal Procedural Code. The code includes internal procedures for the detention and surrender of individuals. Chapter VII includes a section on cooperation with the Court. A: 22 August 2006 No information available St. Lucia R: 18 August 2010 No information available St. Vincent and Grenadines R: 3 December 2002 No information available Suriname A: 15 July 2008 No information available Trinidad and Tobago R: 6 April 1999 COMPLEMENTARITY Enacted ICC Act in February 2006, becoming the first Caribbean country to establish implementing legislation that includes complementarity and cooperation provisions. Uruguay R: 28 June 2002 COMPLEMENTARITY R: 6 February 2003 R: 3 November

8 In 2006, Congress approved the ICC implementation law including complementarity provisions and cooperation. The law entered into force on 11 October Venezuela R: 7 June 2000 COMPLEMENTARITY In early 2009 during a CICC visit to the country, the MFA indicated that it planned to re-engage the ICC implementation process. In this regard, during the Review Conference, Venezuela pledged to move forward with the implementation process. S: 16 July 2003 Approved by the legislative branch. Awaiting executive s signature since

9 II. MIDDLE EAST AND NORTH AFRICA States Rome Statute Signature (S), Ratification (R), or Accession (A) date Algeria S: 28 December 2000 No decision has been taken on ratification, but the Ministry of Foreign Affairs has been following discussions at the ASP. Bahrain S: 11 December 2000 In May 2006, the Ministry of Foreign Affairs publicly announced its intention to ratify the RS. A draft proposal has been stalled (prepared by the MFA & MoJ) and has yet to be submitted to Parliament. Several consultations were held between the MFA, MoJ, and the PM in 2009 regarding ratification. Egypt S: 26 December 2000 No public indication that the government is moving towards ratification despite support from some members of the Shura Council and the Ministry of Foreign Affairs. Iran S: 31 December 2000 Ratification requires the approval of numerous governing bodies, including the judicial, executive and legislative branches. Some members of Parliament and the judiciary are reportedly supportive of the RS. There is concern regarding the perception that the Court will not respond to crimes committed in the region. The MFA and the Judiciary have focused on implementation and training before ratifying the RS. Iraq The Council of Ministers announced Iraq s decision to accede to the RS on 15 February 2005, but the decision was annulled two weeks later, reportedly under U.S. pressure. Israel S: 31 December 2000 Israel sent a letter to the UN on 28 August 2002, declaring that it still has concerns with the RS and does not intend to ratify, thus effectively unsigning the treaty. Israel s main concerns are the provisions on population transfer and the pending definition of the crime of aggression. Implementation Into domestic law COMPLEMENTARITY COOPERATION No information available. COMPLEMENTARITY COOPERATION No information available. COMPLEMENTARITY COOPERATION No information available. COMPLEMENTARITY COOPERATION No informationa available. COMPLEMENTARITY COOPERATION No information available. COMPLEMENTARITY COOPERATION No information available Jordan R: 11 April 2002 COMPLEMENTARITY * The MFA has set up a joint legal committee to prepare a draft law for implementing legislation, based heavily on German and Belgian implementation APIC Signature (S) Ratification (R), or Accession (A) date S: 28 June

10 Kuwait S: 8 September 2000 The Ministry of Justice is supportive of the ICC. A ratification proposal was drafted in 2007 and Kuwait has closely followed the work of the Court ever since Kuwait gas stated intentions to ratify during the 9 th ASP, Review Conference, an its last Universal Periodic Review. Lebanon Libya The issue of the ICC has assumed greater national significance given recent conflicts. However, a broad national consensus is required for accession. Lebanese legal scholars argue that a constitutional amendment is not required for accession. The situation in Libya has been referred to the ICC by UN Security Council Resolution Morocco S: 8 September 2000 The Equity and Reconciliation Commission and the Conseil Consultatif des Droits de l Homme both recommended ratification of the RS. Legal scholars suggest that constitutional obstacles can be overcome. A wide cross-section of lawmakers is supportive of ratification; however, there are concerns regarding the US response.. Oman S: 20 December 2000 The MFA has expressed support for the ICC. The National Committee has concluded a report on the compatibility of the RS with Omani law and has recommended Oman s ratification upon consultation with the Arab League. The government is open to discussing the implications of ratification, including technical assistance. Qatar The Qatari Cabinet has been studying the RS and monitoring ICC developments. The Attorney General of Qatar has also met with the ICC Presidency, and is working on holding a technical seminar on the ICC. laws. In addition, eight articles in Jordan s military code are reported to have been amended in accordance with the RS. Jordanian CICC members are working to improve implementing legislation and find model implementation legislation that is compatible with the Jordanian legal system. COMPLEMENTARITY The National Committee for International Humanitarian Law is seeking to pass a draft national law on crimes that fall within the jurisdiction of the International Criminal Court (ICC). COMPLEMENTARITY COOPERATION No information available COMPLEMENTARITY COOPERATION No information available. COMPLEMENTARITY Genocide, crimes against humanity, and war crimes are currently being considered by Parliament for inclusion in Morocco s criminal code. COMPLEMENTARITY COOPERATION No information available. COMPLEMENTARITY COOPERATION No information available. Saudi Arabia No information available. COMPLEMENTARITY No information available. 10

11 Syria S: 29 November 2000 COMPLEMENTARITY No information available. Tunisia A: 24 June 2011 COMPLEMENTARITY No information available. UAE S: 27 November 2000 A team at the MoJ is continuing to examine compatibility issues with the RS. The MFA has also been examining possible ratification. Yemen S: 28 December 2000 A ratification bill was passed in March 2007, but was reversed shortly thereafter. The President, MoJ, and MFA have expressed support for ratification, but parliament discussions are repeatedly postponed. COMPLEMENTARITY COOPERATION No information available. COMPLEMENTARITY The government established a Legal Committee to amend the constitution. A: 29 June

12 III. EUROPE AND CIS States Rome Statute Signature (S),Ratification (R), or Accession (A) date Implementation Into domestic law Albania R: 31 January 2003 COMPLEMENTARITY The criminal code includes some definitions of crimes under the Rome Statute. Legislation needed on cooperation. No new developments APIC Signature (S), Ratification (R), or Accession (A) date R: 2 August 2006 Andorra R: 30 April 2001 No information available. R: 11 February 2005 Armenia S: 1 October 1999 In August 2004, the Constitutional Court rendered a negative opinion on the compatibility of the Rome Statute with national legislation. The reasons were: (a) the ICC is seen as supplementing the national judicial system; and (b) national authorities would be deprived of the right to grant pardon. The ratification of the Rome Statute is still pending. As a first step, the government decided in June 2007 to re-launch the process, which requires a re-assessment of the Constitutional Court. There have been no new developments. COMPLEMENTARITY The criminal code adopted in August 2003 includes some definitions of crimes under the Rome Statute (namely genocide, serious breaches of international humanitarian law during armed conflicts and crimes against human security). Legislation on cooperation needed. Austria R: 28 December 2000 COMPLEMENTARITY * Amendments to the criminal code are needed; the Ministry of Justice and the Ministry of Foreign Affairs are working on implementing legislation. A joint working group was set up in September 2008 after adoption of the program of the Austrian Government which contains a para. aiming at adjusting provisions set out in the Austrian Criminal Code (with regard to war crimes and crimes against humanity as enshrined in the RS). Legislation on cooperation was enacted on 10 July Azerbaijan The process of ratification is impeded by constitutional obstacles, e.g. the immunity of state officials and the possibility of granting pardon. Other issues may arise, e.g. those connected with the requirement of trial by jury in the Criminal Procedural Code. No new developments. COMPLEMENTARITY The Criminal Code of September 2000 provides for individual criminal responsibility for some crimes against humanity and war crimes. There is no legislation on cooperation. Belarus No information available No information available R: 17 December

13 Belgium R: 28 June 2000 COMPLEMENTARITY Substantive provisions concerning crimes in the Rome Statute were enacted in August Cooperation provisions were enacted in March Bosnia and Herzegovina R: 11 April 2002 COMPLEMENTARITY Criminal Code and Criminal Procedural Code were enacted 24 January 2003 and have been in force since March The criminal code covers the crimes under the Rome Statute. Law on the implementation of the Rome Statute of the ICC and on cooperation with the ICC was adopted in October Bulgaria R: 11 April 2002 COMPLEMENTARITY The criminal code includes crimes under the Rome Statute. The criminal procedure code and the law on Extradition and European Arrest Warrant, adopted in 2005 and in force in April 2006, include provisions on cooperation and regulate the procedure for issuance and execution of requests for extradition and surrender of persons including those by the ICC. Croatia R: 21 May 2001 COMPLEMENTARITY Criminal code of 2004 includes provisions on command responsibility and most crimes under the Rome Statute. Law on cooperation with the ICC was enacted October Cyprus R: 7 March 2002 COMPLEMENTARITY ICC Bill of 2006 includes genocide, war crimes and crimes against humanity, to be interpreted according to the ICC Elements of Crimes. No information on cooperation legislation. Czech Republic R: 21 July 2009 COMPLEMENTARITY The new Czech Criminal Code that entered into force in January 2010 includes provisions on complementarity: crimes against humanity as defined by the Statute, a definition of the crime of aggression, as well as a brief definition of war crimes and a negative definition of aggression. The Czech Republic is currently in the process of preparing an act on Intl. Judicial Cooperation in Criminal Matters which should replace the R: 28 March 2005 A: 24 January 2012 R: 28 July 2006 R: 17 December 2004 R: 18 August 2005 A: 4 May

14 currant provisions in the Code of Criminal Procedure. It will explicitly regulate cooperation with the ICC. The authorities are currently drafting a new definition of the CoA in the Czech Criminal code which is included in the draft Act on Intl. Cooperation in Criminal Matters. Denmark R: 21 June 2001 COMPLEMENTARITY On 3 May 2001, the Danish Parliament adopted the Danish Act on the International Criminal Court, authorizing ratification and including a set of provisions on complementarity. The provisions on cooperation between the ICC and Denmark are in the ICC Act of 16 May This act contains provisions on extradition to the ICC, the execution of ICC judgments in Denmark, and the exclusion of jurisdiction of Danish courts in criminal matters already settled by the ICC. Estonia R: 30 January 2002 COMPLEMENTARITY The 2002 Penal code incorporates extensive definitions of genocide, war crimes and crimes against humanity under the section Offences against Humanity and International Security. The Penal Code also provides for the non-applicability of statutory limitation to offences against humanity. Amendments to the criminal procedure code concerning cooperation with the ICC were made in 2001, together with the ratification bill. Finland R: 29 December 2000 COMPLEMENTARITY The Act on Amendment to the Penal Code ICC Crimes Act was enacted 28 December Further amendments to the criminal code were approved by the Parliament in September 2007 and entered into force on 1 May The Cooperation Act was enacted on 28 December R: 3 June 2005 R: 13 September 2004 R: 8 December

15 France R: 9 June 2000 COMPLEMENTARITY The French ICC implementation bill was adopted by the National Assembly on 13 July 2010, endorsing the text already approved by the French Senate. On 3 March 2010, the French MoJ presented a draft law providing for the establishment of a specialised unit to deal with war crimes and crimes against humanity. Law on cooperation with the ICC was enacted 19 February Georgia R: 5 September 2003 COMPLEMENTARITY There is legislation including all the crimes under the RS. Cooperation provisions were enacted 14 August Germany R: 11 December 2000 COMPLEMENTARITY Legislation including all the crimes under the Rome Statute and cooperation provisions was enacted 1 July Greece R: 15 May 2002 COMPLEMENTARITY On 1 April 2011, the Greek Parliament adopted a law for the implementation of the RS of the ICC which contains both complementarity (substantive criminal law provisions) and cooperation provisions. Hungary R: 30 November 2001 COMPLEMENTARITY * A draft package of amendments was rejected by the Parliament in The Ministry of Justice is preparing a new draft that should have been sent to Parliament in There is no specific bill on cooperation, but Act xxxviii of 1996 could be applied and a cooperation agreement with the Court is being negotiated. No new developments. Iceland R: 25 May 2000 COMPLEMENTARITY Law including both substantial and cooperation provisions was adopted by the Parliament in R: 17 February 2004 A: 10 March 2010 R: 2 September 2004 R: 6 July 2007 R: 22 March 2006 R: 1 December

16 Ireland R: 11 April 2002 COMPLEMENTARITY Criminal code of October 2006 deals both with substantive criminal law and cooperation with the Court. The bill introduces into Irish legislation the definition of crimes against humanity, war crimes, ancillary crimes and crimes against the administration of justice, while the crime of genocide was already incorporated as part of the implementation of the Geneva conventions. The bill also regulates requests for arrest and surrender by the ICC, as well as the enforcement of ICC rulings and compliance with requests to freeze and confiscate assets of the accused. Italy R: 26 July 1999 COMPLEMENTARITY A draft law including substantive and cooperation provisions was prepared back in On 8 June 2011, the Italian Chamber of Deputies (Low Chamber) adopted the draft law on cooperation with the ICC. The draft was transmitted to the Senate where it is pending examination by the Legal Affairs. Kazakhstan No recent developments COMPLEMENTARITY In February 2007, the Senate adopted the bill amending the law on international treaties of Kazakhstan. The amendments were initiated by MP Sergey Kiselyov, who considers the law adopted in May 2005 as being inconsistent with the domestic legal framework. Article 20 (2) of the law states that in cases of conflict between international treaties and Kazakh laws, international treaties are subject to change, suspension or termination of the activity; this directly contradicts Article 4(3) of the Constitution - prioritizing international treaties ratified by the Republic to domestic legislation- and has been deleted. The law has now been submitted to Parliament. No further information available. Kyrgyzstan S: 8 December 1998 No information available R: 20 November 2006 R: 20 November 2006 No recent developments 16

17 Latvia R: 28 June 2002 COMPLEMENTARITY The Criminal Code deals with crimes against humanity and peace, war crimes, and genocide, but it does not cover all of the elements of the crimes in the RS (no specific definition of crimes against humanity). Complementarity amendments were prepared and transmitted to the Parliament in October Amendments include the addition of a section on crimes against humanity in accordance with Art 7 of the RS; a more detailed definition of war crimes with reference to international and humanitarian law; criminal liability for the public incitement to commit genocide, crimes against humanity and war crimes; and the denial of the commission of those crimes. There is no separate law dealing with ICC cooperation. Several sections of the Criminal Procedural Code provide for cooperation with international courts, for arrest and surrender of a person to the ICC. and for enforcement of sentences. Liechtenstein R: 2 October 2001 COMPLEMENTARITY Liechtenstein has not yet adopted legislation on the crimes under the ICC s jurisdiction. Only the crime of genocide is covered by existing legislation. Harmonization of criminal code with the definitions under the RS is not expected in the short term. No new developments. Law on cooperation adopted in October In March 2012, the Parliament approved all of the amendments to the Rome Statute adopted at the 2010 Review Conference, including on the crime of aggression. Lithuania R: 12 May 2003 COMPLEMENTARITY A new criminal code and criminal procedural code entered into force on 1 May 2003 and include substantive adaptation and cooperation provisions. Luxembourg R: 8 September 2000 COMPLEMENTARITY A law addressing both complementarity and cooperation is being drafted as of June In Kampala, the Luxembourg delegate (at the general debate) pledged to finalise the draft law and transmit it to the Parliament by the end of No new development. In February 2012, Luxembourg adopted a law on cooperation with the ICC R: 23 December 2004 A: 21 September 2004 R: 30 December 2004 R: 20 January

18 MRA06I432DO /FTSShowAtta chment?mime=application%2fpdf&id= &fn= pdf and necessary amendments to the criminal code to fully implement the Rome Statute. MRA06I432DO /FTSShowAtta chment?mime=application%2fpdf&id= &fn= pdf Macedonia, (FYR of) R: 6 March 2002 COMPLEMENTARITY An amended criminal code was enacted in September Crimes against humanity are defined in terms equivalent to those in the RS. War crimes and genocide are also defined. The criminal code is currently being revised. The working group responsible for amending the Law on Criminal Procedure proposed special measures for victims, especially child victims of international crimes. Chapter XXX of the criminal procedural code addresses some of the provisions under the Rome Statute on cooperation. The issue of international cooperation and mutual assistance in criminal matters will be addressed in a separate law. The drafts are expected to be finished in Malta R: 29 November 2002 COMPLEMENTARITY The ICC Act was enacted in November 2002 and covers complementarity and cooperation. The ICC Act covers substantive criminal law through amendments to the Criminal Code that introduce the crimes of the Rome Statute; included are provisions on Malta receiving prisoners from the ICC, and the arrest and detention warrants falling under the RS, although the offences may have been committed outside Malta. Moldova R: 12 October 2010 COMPLEMENTARITY * The criminal code enacted in July 2003 includes a comprehensive definition of genocide. However, the definition of war crimes is not consistent with the Rome Statute, and there is no definition of crimes against humanity. The Ministry of Justice is currently preparing a draft law in consultation with civil society organisations to modify the Criminal Code and Criminal Procedure Code, to include definitions of crimes. R: 19 October 2005 A: 21 September 2011 Currently in the process of ratification 18

19 Monaco S: 18 July 1998 In order to ratify the Statute, Monaco must first amend the Constitution in relation to the executive powers of the Royal Family. No new developments. Montenegro R: 23 October 2006 COMPLEMENTARITY A new criminal code was adopted in December 2003 and includes the crimes under the Rome Statute. The Parliament approved the law on cooperation with the ICC on 27 July The Netherlands R: 17 July 2001 COMPLEMENTARITY The International Crimes Act came into force on 1 October The ICC Implementation Act, in force since 1 July 2002, includes cooperation provisions and gives the Dutch Government a statutory basis for transferring suspects to the ICC, protecting and guarding them and transporting them to the Court; it can also furnish the ICC with legal assistance. Norway R: 16 February 2000 COMPLEMENTARITY A chapter in the Penal Code dealing with substantive legislation was adopted in February 2008 and entered into force 7 March The new provisions are based on the definitions in the Rome Statute, but are more extensive in that they also include certain crimes considered as war crimes under international customary law that are not in the Rome Statute. A law on cooperation with the ICC and enforcement of sentences was enacted 15 June Poland R: 12 November 2001 COMPLEMENTARITY A revised criminal code including the crimes under the Rome Statue and the principles of criminal law was enacted in 2005, and a draft law amending the Penal Code to fully comply with the Rome Statute was adopted on 20 May The law is thus more precise and reflects more correctly the construction of crimes as established in the Rome Statute, (on Chapter XVI issues namely crimes against peace, humanity and war crimes) A separate chapter of the Code of Criminal Procedure on cooperation with the ICC was enacted in November R: 23 October 2006 R: 24 July 2008 R: 10 September 2002 R: 10 Feb

20 Portugal R: 5 February 2002 COMPLEMENTARITY The law to implement complementarity obligations under the Rome Statute was adopted in May 2004 and was published in the Official Journal (Diário da República- I Série A, No July 2004). There is no specific legislation on cooperation with the ICC. Legislation on international judicial cooperation from 1999 covers some aspects of cooperation with the ICC. No new developments. Romania R: 11 April 2002 COMPLEMENTARITY /* A criminal procedural code was enacted in 2003, and a law on cooperation was enacted in July The criminal code contains a chapter on crimes against humanity, but the definitions are not fully compatible with the Rome Statute. Amendments to these definitions are being drafted by the Minister of Justice and Minister of Foreign Affairs. No new developments. The code of criminal procedure of 2003 and the law on international relations and cooperation on criminal matters of July 2004 cover cooperation with the ICC. Russian Federation S: 13 September 2000 At the beginning of 2008, a draft law on ratification was prepared for consideration by the office of the President. During the spring of 2008, it was withdrawn from the agenda. No new developments. San Marino R: 13 May 1999 No information available Serbia R: 6 September 2001 COMPLEMENTARITY The criminal code which entered into force in January 2006 includes the crimes under the Rome Statute. On 31 August 2009, the Parliament adopted the law on cooperation with the ICC. Slovakia R: 11 April 2002 COMPLEMENTARITY Amendments to the criminal code covering substantial criminal law were adopted on 19 June The criminal procedural code was amended in June 2002 to include provisions on cooperation. New criminal code and criminal procedural code drafts are currently being discussed. R: 3 October 2007 R: 17 November 2005 R: 7 May 2004 R: 26 May

21 Slovenia R: 31 December 2001 COMPLEMENTARITY The amendments to the criminal code which entered into force 5 May 2004 cover the implementation of substantive provisions of the Rome Statute. The law on cooperation with the ICC was enacted 25 October Spain R: 24 October 2000 COMPLEMENTARITY The criminal code enacted on 26 November 2003 includes the crimes under the RS. The law on cooperation with the ICC was enacted in December In October 2009, Spanish Parliament amended Spain s universal jurisdiction legislation. The amendments, entered into force in November, introduce, among others, the presence requirement or the passive personality of the victim in order to start a case. Sweden R: 28 June 2001 COMPLEMENTARITY * Following a Government resolution of Oct 2000, a Commission was appointed to review Swedish legislation on criminal responsibility for International Crimes and jurisdiction over such crimes. In Nov 2002, the Commission issued its report which entailed a proposal to amend the current penal law. Preparations are currently taking place within the Ministry of Justice towards introducing a Govt bill during The Act on cooperation with the ICC adopted on 25 April 2002 covers arrest and surrender to the Court, other forms of Cooperation and enforcement of sentences and other decisions. Switzerland R: 12 October 2001 COMPLEMENTARITY The draft law on complementarity was opened to public consultation and was adopted by the government in April In March the National Council (lower house) adopted the draft law implementing Rome Statute complementarity obligations. In August 2009, the Legal Affairs Committee of the Council of States (higher chamber) started discussing the draft law and invited civil society representatives to a hearing. On 18 March 2010, the Council of States passed the federal law incorporating Rome Statute crimes into the Swiss penal code. The law will only apply to those crimes committed in the future. The National Council will have to R: 23 September 2004 R: 24 September 2009 R: 13 January 2005 S: 10 September

22 examine the divergence between this version and the one adopted by the Council of States resulting from small differences between the texts. On 18 June 2010, the Swiss parliament adopted a bill implementing the Rome Statute in the Swiss penal code and providing for universal jurisdiction over genocide, war crimes and crimes against humanity. The law on cooperation with the ICC was enacted 21 June Tajikistan R: 5 May 2000 No recent development. Turkmenistan No information available No information available Turkey The 3 rd National Program of Turkey for the Adoption of the EU Acquis, adopted by the Government in December 2008 also mentions the ICC and the fact that the work required for Turkey to become a party to the ICC is ongoing. No new developments. Ukraine S: 20 January 2000 All attempts to ratify the RS have been unsuccessful so far. In June 2008, the MoJ and MFA submitted to the Constitutional Council constitutional amendments allowing for the ratification of the Statute. There is no information yet on the content of the amendments or on the ruling by the Council. Following an ICC mission to the country in April 2012, Ukraine Foreign Minister Mr Gryshchenko expressed his country s appreciation of the ICC s important mission and informed President Song that Ukraine intends to join the Rome Statute once the necessary legal preconditions have been created in the context of the upcoming review of the country s constitution. In the meantime, Ukraine remains fully supportive of the ICC s operations and continues to follow the Court s work closely, he stated. A Constitutional Assembly will be formed in 2012 to consider amendments to the constitution that could include measures to address the COMPLEMENTARITY * The Turkish Criminal Code adopted in 2004 includes definitions of crimes against humanity and genocide but not war crimes. There is no law on cooperation with the ICC, but the Turkish Constitution includes an article regarding cooperation approved in May 2004 by the Turkish Parliament, which states that "No citizen shall be extradited to a foreign country on account of an offence accept under obligations resulting from being a party to the International Criminal Court." This amendment has been signed and published in the official gazette on the 22 May No new developments. COMPLEMENTARITY * The Ministry of Justice established an inter-ministerial working group tasked to prepare the ICC ratification and implementation bills, both of which would incorporate civil society recommendations. To date, there is no information on the status of the implementation bill. A: 29 January 2007 Ukraine is the first non-state Party to accede to the APIC. 22

23 obstacles to ratification highlighted by the Constitutional Court in its ruling on the matter in United Kingdom R: 4 October 2001 COMPLEMENTARITY Cooperation and substantive provisions enacted in The UK is in the final stage of negotiating a Sentence Enforcement Agreement. However, a legislative amendment regarding extradition is required before signature is possible. UK members of Parliament announced, in July, a proposed change in existing legislation to allow for a limited retrospective application of the ICC Act for crimes committed since 1991; the changes, adopted by the House of Lords on 26 October 2009, also clarified and slightly expanded the residence requirement. The provisions (will) enter(ed) into force on 6 April Uzbekistan S: 29 December 2000 No information available No information available R: 25 January

24 IV. ASIA/PACIFIC States Rome Statute Signature (S), Ratification (R) or Accession (A) date Implementation Into domestic law Afghanistan A: 10 February 2003 COMPLEMENTARITY * In March 2005, the Government appointed an inter-ministerial Commission consisting of senior officials of the MFA, MoJ, Ministry of the Interior, Supreme Court, the University of Kabul and civil society organization APAMR to evaluate and determine steps to implementing the RS. During a roundtable held in March 2006, the Commission expanded membership to other actors, including civil society organizations. The Afghani Human Rights Commission a national human rights commission which is independent in its functions and decisions prepared a preliminary draft on ICC implementing legislation which received feedback from various actors involved in the process. The draft was then presented to the MoJ, where it has remained since It has still to go to the cabinet, then to the president and finally to the parliament for approval. Australia R: 1 July 2002 COMPLEMENTARITY Bangladesh R: 23 March 2010 COMPLEMENTARITY In 2009, the Parliament of Bangladesh amended the International Crimes (Tribunals) Act from 1973 to include not only members of the armed forces, but any individual or group of individuals, and removed the provision that allowed these cases to be prosecuted before a military tribunal. This law provides the legal basis to investigate and prosecute war crimes, crimes against humanity, and genocide. Cambodia R: 11 April 2002 COMPLEMENTARITY The process of implementation of ICC crimes into the penal code has already been completed, and the penal code was adopted by the National Assembly in November Civil society is still pressing for the adoption of legislation regarding cooperation with the Court. China The ICC Project Office of Beijing Normal University in China has been working on increasing national COMPLEMENTARITY CICC members have translated APIC Signature (S), Ratification (R), or Accession (A) date 24

25 awareness of the ICC. Last year, a project translating key ICC implementing legislation into Chinese was finalized, and several capacitybuilding workshops for different government representatives as well as academics have been held. Regional ICC Seminars, in which ICC officials as well as government and judicial functionaries have participated, have also taken place in various Chinese provinces. comparative ICC implementing legislation into Chinese to support the ratification/implementation process. Cook Islands R: 18 July 2008 COMPLEMENTARITY * In the process of adopting cooperation and complementarity legislation. Fiji R: 29 November 1999 COMPLEMENTARITY * The government set up an interministerial working group, which produced an ICC implementing legislation draft. No further information. India Indonesia There appears to be no real move on the part of the present Indian government towards accession of the treaty. However, activities on the ICC in India in the past year have generated greater participation and interest from diverse constituencies including parliamentarians, academia, media and various civil society groups. Through Presidential Regulation No. 23/2011, accession to the Rome Statute has been included within the National Human Rights Plan for the period Accession had also been included in the previous plan ( ). Local groups, supported by the CICC and organizations such as PGA have been working together with the government and Parliament to ensure that the deadline is met. Civil society groups have also assisted in the drafting of the accession bill as well as with a study related to implementation concerns. Misinterpretations of some aspects of the Rome Statute remain as an important obstacle, namely the scope of the principle of complementarity, the determination, for admissibility purposes, of when a state is considered to be unwilling or unable to carry out genuine investigations for ICC crimes, and the role of the Prosecutor. As of December 2011, during a CICC Not addressing the issue at this time COMPLEMENTARITY Law #26, also known as the Human Rights Code, adopted in 2000 includes two crimes under the jurisdiction of the Court: genocide and crimes against humanity. The same law created a human rights court to prosecute crimes of this nature. 25

26 mission to Jakarta, the Ministry of Foreign Affairs, Ministry of Justice and Human Rights, and the National Human Rights Commission have all endorsed accession.. Japan A: 17 July 2007 COMPLEMENTARITY On 28 March 2007, the related ICC cooperation laws were approved by the Committee on Foreign Affairs of the Diet's Lower House. The Upper House also unanimously approved them on 27 April Kiribati Lao PDR Malaysia Kiribati has not acceded to the Rome Statute. In early 2005, the Lao government in coordination with UNDP and the EU initiated a project aimed at promoting ratification and implementation of the RS. Lao PDR needs to fully implement the RS prior to ratification. As of mid 2006, a proposal based on the study to implement the RS was still with the Prime Minister s Office. The PM s office directed the MFA to further study the ICC. Currently, a six month project is being implemented to prepare for ratification and implementation. The Malaysian Cabinet approved accession to the RS in March The Attorney General s Office s exploring the possibility of completing the implementation process prior to accession. (See RS column) COMPLEMENTARITY * The Attorney General s Office is working on an ICC law as part of its domestic process of ratifying an international treaty. Note: Malaysia has formed a court under the initiative of its former prime minister, Dr. Mahathir Mohamad, with the jurisdiction to try war crimes. Kiribati has not acceded to the Agreement on the Privileges and Immunities of the Court. Maldives A: 21 September 2011 No information available Marshall Islands R: 7 December 2000 No information available Mongolia R: 11 April 2002 COMPLEMENTARITY * An inter-ministerial committee was formed in 2004 to work on the draft ICC Bill. In November 2006, Parliament formed a new working committee to prepare the draft amendments to the Criminal Code and Criminal Procedure Code. In January 2007, the Mongolian National Legal Center organized a workshop on the results of S: 4 February

27 comparative research of Mongolian legislation and all international criminal law treaties to which Mongolia is a party. Later that year, the Mongolian Coalition for the ICC collaborated with research institutes to prepare a draft of amendments for implementing the RS in the Criminal Code and Criminal Procedure Code of Mongolia (2002). This was submitted to the working committee at the Ministry of Justice and Home Affairs of Mongolia in December The Coalition subsequently organized meetings with Parliament members, in order to ensure that the draft amendments were introduced with effective follow up. Some MPs promised to support the implementation process; however, there is a new Parliament as of mid so it will be necessary to focus efforts on new members. Nauru R: 12 November 2001 Not addressing the issue at this time. New Zealand R: 7 September 2000 COMPLEMENTARITY New Zealand has introduced legislation on the crime of aggression, the first state party to do so. Nepal In June 2006, the Nepalese Parliament unanimously issued a commitment resolution (Sankalpa) directing Parliament to ratify the RS. During a mission to the country in mid- 2006, the PM, DPM, and House Speaker expressed to the CICC that accession to the ICC treaty would take place shortly. During a subsequent mission in September 2007, the government once again reiterated its support for the process. Recent political developments in the country have shifted focus away from the ICC. Local groups have been pressing the government to meet this commitment and continue to address the issue. In July 2009, during an AI mission to Nepal, the new foreign minister made a commitment that Nepal would ratify the ICC treaty. According to sources, the government has reportedly endorsed accession to the RS; however, political changes have stalled the accession process. COMPLEMENTARITY An inter-agency working group was organized by the Office of the Prime Minister to study the implications of Nepal s membership in the ICC, including the laws that need to be revised in case it decides to join the Court. The Working Group submitted its report in 2007, but there has been no additional information since that time. R: 14 April 2004 Palau Palau did not sign the Rome Statute. Palau has not signed the Agreement on Privileges and Immunities. Pakistan Despite activities conducted by civil society groups in the country to No information available 27

28 revitalize the issue of ICC ratification, the government has not moved forward on the issue. The current unstable political situation and other issues are taking precedence. The Philippines R: 30 August 2011 COMPLEMENTARITY Republic Act 9851, also known as the International Humanitarian Law Bill, was signed into law by President Arroyo on December 11, The law provides a definition and penalties for IHL crimes, genocide and crimes against humanity. It also provides for criminal liability of commanders and other superiors under the principle of command responsibility; protection of civilians, non-combatants, witnesses as well as reparations to the victims. It further provides for the universal jurisdiction over persons, whether military or civilian, suspected or accused of the crimes defined and penalized under the law, and designates the regional trial court as having original and exclusive jurisdiction over the international crimes punishable under the law. A Working Group on ICC Implementation consisting of representatives from relevant government agencies and civil society was convened in January 2012, initiated by the Institute for International Legal Studies, Law Center, University of the Philippines, in consultation with the CICC-Asia/Pacific. The six month- project is expected to produce draft implementation laws for submission to the relevant agency for approval. The Working Group hopes to complement existing laws to complete the requirements for the RS implementation law. Republic Korea of R: 13 November 2002 COMPLEMENTARITY The Korea Implementing Act was passed by the National Assembly on 23 November The Ministry of Justice promulgated this Act on 21 December Civil society is trying to get a copy of the law translated into English in order to publish it in other countries. The English version of the implementation law has been completed and made available at the government website. Samoa R: 16 September 2002 COMPLEMENTARITY Enacted International Criminal Court R: 18 October