(Listed in alphabetical order)

Transcription

1 Status of Ratification and Implementation of the Rome Statute and the Agreement on Privileges and Immunities (APIC) and Recommendations to the States under Review at the 17 th session of the Human Rights Council s Universal Periodic Review (UPR) (Working group: 21 October- 1 November 2013) 1 (Listed in alphabetical order) The information and recommendations suggested below for the States under review cover the following elements: (a) accession to/ratification of the Rome Statute, (b) accession to/ratification of the Agreement on Privileges and Immunities of the Court (APIC), and (c) the full alignment of national legislations with both agreements. No recommendations are suggested for the States under review that have already undertaken such steps. BELIZE Belize ratified the Rome Statute on 5 April Belize ratified the Agreement on Privileges and Immunities of the Court (APIC) on 14 September There have been no developments regarding the alignment of national legislation with obligations under the Rome Statute. Belize should fully align its national legislation with all obligations under the Rome Statute, crimes effectively before its national courts. CENTRAL AFRICAN REPUBLIC The Central African Republic ratified the Rome Statute on 3 October The Central African Republic acceded to the Agreement on Privileges and Immunities of the Court (APIC) on 10 October On 6 January 2010, the Central African Republic adopted a law including provisions to investigate and prosecute genocide, crimes against humanity and war crimes effectively before national courts, and to cooperate promptly and fully with the ICC. In the framework of this campaign, no recommendations are suggested for the Central African Republic. 1 The information provided herein has been noted and compiled by the Coalition for the International Criminal Court either via public domain sources or via direct communications from States themselves. Errors and lacunae may thus be present. The Coalition welcomes any updates or corrections to the information provided herein. 1

2 CHAD Chad ratified the Rome Statute on 1 November Chad has not acceded to the Agreement on Privileges and Immunities of the Court (APIC). Chad is undertaking a reform of its Criminal Code and Code of Criminal Procedure which includes a proposal to align them with Rome Statute obligations. The Ministry of Justice is currently collecting comments from civil society until October 2013, before transmission of the draft proposals to the Council of Ministers. Chad should fully align its national legislation with all obligations under the Rome Statute, crimes effectively before its national courts, and accede to the Agreement on Privileges and Immunities of the Court (APIC). CHINA China has not acceded to the Rome Statute. China has not acceded to the Agreement on Privileges and Immunities of the Court (APIC) No developments regarding the alignment of national legislation with obligations under the Rome Statute. During the 1 st cycle of the UPR, in 2009, China rejected the recommendations made by Brazil and France to accede to the Rome Statute. China should accede to the Rome Statute of the International Criminal Court (ICC) and fully align its national legislation with all obligations under the Rome Statute, including by incorporating provisions to cooperate promptly and fully with the International Criminal Court and to investigate and prosecute genocide, crimes against humanity and war crimes effectively before its national courts, and accede to the Agreement on Privileges and Immunities of the Court (APIC). ISRAEL Israel signed the Rome Statute on 31 December 2000 but has not ratified it. Israel sent a letter to the UN on 28 August 2002, declaring that it still has concerns with the Rome Statute and does not intend to ratify, thus effectively un-signing the treaty. Israel did not accede to the Agreement on Privileges and Immunities of the Court (APIC). No information is available regarding alignment of national legislation with obligations under the Rome Statute. During the 1 st cycle of the UPR, in 2008, Israel did not respond to the recommendations made by Brazil and Jordan to ratify the Rome Statute. Israel should ratify the Rome Statute of the International Criminal Court (ICC) and fully align its national legislation with all obligations under the Rome Statute, including by incorporating provisions to cooperate promptly and fully with the International Criminal Court and to investigate and prosecute genocide, crimes against humanity and war crimes effectively before 2

3 its national courts, and accede to the Agreement on Privileges and Immunities of the Court (APIC). JORDAN Jordan ratified the Rome Statute on 11 April Jordan signed the Agreement on Privileges and Immunities of the Court (APIC) on 28 June 2004 but has not ratified it. In 2005, Jordan established a National Committee in charge of drafting a law implementing the Rome Statute. In addition, several articles in Jordan s military code have been amended in accordance with the Rome Statute. The work of the Committee has been suspended. There have been no further developments regarding the alignment of national legislation with obligations under the Rome Statute. Jordan should fully align its national legislation with all obligations under the Rome Statute, crimes effectively before its national courts, and ratify the Agreement on Privileges and Immunities of the Court (APIC). MALAYSIA Malaysia has not acceded to the Rome Statute. Malaysia has not acceded to the Agreement on Privileges and Immunities of the Court (APIC). In March 2011, with the approval of the Cabinet Ministers, the government completed the national process for accession. The sole remaining step is the deposit of the ratification instrument with the UN Secretary General. In late 2012, the Attorney General noted that the instrument of ratification would be deposited to the UN by end of June 2013, a pledge that has yet to be realized. The Attorney General's Office is working on an ICC implementation law including complementarity provisions (crimes and general principles) as part of its domestic process of ratifying an international treaty. There have been no recent developments in this regard. Malaysia should accede to the Rome Statute of the International Criminal Court (ICC) and fully align its national legislation with all obligations under the Rome Statute, including by incorporating provisions to cooperate promptly and fully with the International Criminal Court and to investigate and prosecute genocide, crimes against humanity and war crimes effectively before its national courts, and accede to the Agreement on Privileges and Immunities of the Court (APIC). MALTA Malta ratified the Rome Statute on 29 November Malta acceded to the Agreement on Privileges and Immunities of the Court (APIC) on 21 September The ICC Act was enacted in November It includes provisions to investigate and prosecute genocide, crimes against humanity and war crimes effectively before national courts, and to cooperate promptly and fully with the ICC. 3

4 In the framework of this campaign, no recommendations are suggested for Malta. MAURITIUS Mauritius ratified the Rome Statute on 5 March Mauritius has not acceded to Agreement on Privileges and Immunities of the Court (APIC). Legislation including provisions to investigate and prosecute genocide, crimes against humanity and war crimes effectively before its national courts, and to cooperate promptly and fully with the Court was adopted in July Mauritius should accede to the Agreement on Privileges and Immunities of the Court (APIC). MEXICO Mexico ratified the Rome Statute on 28 October Mexico acceded to the Agreement on Privileges and Immunities of the Court (APIC) on 27 September In January 2008 a bill which aimed at incorporating provisions to investigate the crimes under the Rome Statute within federal criminal legislation was submitted to congress. However, several stakeholders expressed reservations on some of the content of the bill and it therefore stalled in Congress. In September 2010, the National International Humanitarian Law Committee chaired by the Ministry of Foreign Affairs established a working group tasked with reviewing federal criminal legislation in order to align it with the Rome Statute. The draft bill has been circulated among all the relevant departments within the Executive and is set to be finalized soon. In November 2006, the Executive presented an ICC cooperation bill to the Senate, which regulates paragraph 8 of article 21 of the Mexican Constitution, allowing the State to cooperate with the ICC. On 15 December 2009, the Mexican Senate approved the bill and transmitted it to the Lower House of Congress (Camara de Diputados) where it has since remained within the Committee of Justice and, to date, has yet to be discussed. Mexico should fully align its national legislation with all obligations under the Rome Statute, crimes effectively before its national courts. MONACO Monaco signed the Rome Statute on 18 July 1998, but has not ratified it. Monaco has not acceded to the Agreement on Privileges and Immunities of the Court (APIC). There have been no developments regarding the alignment of national legislation with obligations under the Rome Statute. During the 1 st cycle of the UPR, in 2009, Monaco did not respond to the recommendations made by Argentina and Slovenia to ratify the Rome Statute. 4

5 Monaco should ratify the Rome Statute of the International Criminal Court (ICC) and fully align its national legislation with all obligations under the Rome Statute, including by incorporating provisions to cooperate promptly and fully with the International Criminal Court and to investigate and prosecute genocide, crimes against humanity and war crimes effectively before its national courts, and accede to the Agreement on Privileges and Immunities of the Court (APIC). NIGERIA Nigeria ratified the Rome Statute on 27 September Nigeria has not acceded to the Agreement on Privileges and Immunities of the Court (APIC). Legislation including provisions to investigate and prosecute genocide, crimes against humanity and war crimes effectively before national courts ( Crimes against humanity, genocide and other related offences Bill 2012 ) was forwarded by the Federal Executive Council (FEC) in early There have been no developments regarding the incorporation of provisions to cooperate promptly and fully with the Court. Nigeria should fully align its national legislation with all obligations under the Rome Statute, crimes effectively before its national courts, and accede to the Agreement on Privileges and Immunities of the Court (APIC). REPUBLIC OF CONGO The Republic of Congo ratified the Rome Statute on 3 May The Republic of Congo has not acceded to the Agreement on Privileges and Immunities of the Court (APIC). A draft bill including both cooperation and complementarity provisions was reviewed by the Supreme Court for improvement and amendments, based on a government request. The government is now incorporating the Supreme Court s suggestions and thereafter will send the draft law to Parliament for enactment. The Republic of Congo should fully align its national legislation with all obligations under the Rome Statute, including by incorporating provisions to cooperate promptly and fully with the International Criminal Court and to investigate and prosecute genocide, crimes against humanity and war crimes effectively before its national courts and accede to the Agreement on Privileges and Immunities of the Court (APIC). SAUDI ARABIA Saudi Arabia has not acceded to the Rome Statute. Saudi Arabia has not acceded to the Agreement on Privileges and Immunities of the Court (APIC). No information is available regarding the alignment of national legislation with obligations under the Rome Statute. 5

6 During the 1 st cycle of the UPR, in 2009, Saudi Arabia rejected the recommendation made by France to accede to the Rome Statute. Saudi Arabia should accede to the Rome Statute of the International Criminal Court (ICC) and fully align its national legislation with all obligations under the Rome Statute, including by incorporating provisions to cooperate promptly and fully with the International Criminal Court and to investigate and prosecute genocide, crimes against humanity and war crimes effectively before its national courts, and accede to the Agreement on Privileges and Immunities of the Court (APIC). SENEGAL Senegal ratified the Rome Statute on 2 February Senegal signed the Agreement on Privileges and Immunities of the Court (APIC) on 19 September 2002, but has not ratified it. Legislation including provisions to investigate and prosecute genocide, crimes against humanity and war crimes effectively before its national courts, and to cooperate promptly and fully with the Court was adopted in March Senegal should ratify the Agreement on Privileges and Immunities of the Court (APIC). Contact: Virginie Amato Senior Advocacy and Programme Officer for Europe Coalition for the International Criminal Court (CICC) c/o HRW, Avenue des Gaulois, Bruxelles, Belgium Tel (0) Fax + 32 (0) amato@coalitionfortheicc.org As the largest partnership in the world advancing the cause of international justice (with more than 2,500 member organizations from 150 countries), the Coalition for the International Criminal Court (CICC) is leading the global fight to end genocide, war crimes, and crimes against humanity though a commitment to the core values of human rights and justice. The Coalition works to promote accountability for gross human rights violations and redress for the victims of such crimes, by working to strengthen international cooperation with the ICC; ensure that the Court is fair, effective, and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide. 6