Rome statute of the international criminal court 1 preamble the states parties to this statute, conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be. The president of the assembly of states parties the assembly, mr. The first part examines reasons for the filing of the withdrawal notifications. Rome statute of the international criminal court preamble the states parties to this statute, conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time. The rome statute of the international criminal court often referred to as the international criminal court statute or the rome statute is the treaty that established the international criminal court icc. Takes note of the recommendations of the executive council on the meeting of the african states parties to the rome statute of the international criminal court icc. Security council referral of situations to the court.
This lack of clarity is reflected by the inconsistencies in the. Although states parties to the rome statute have shown little support for the aus proposed amendment to article 16, the merits of the au proposal must be. State withdrawal notifications from the rome statute of the. The criticisms culminated in 2016 when burundi, south africa and gambia expressed their intentions to withdraw from the rome statute. Are there some discrepancies in the interpretation of the rome statute that cause legitimate legal concerns and debate, particularly in regard to the rejection of impunity and applications of immunity with regard to officials of nonstates parties.
Pdf cooperation disputes between african states parties to the. When a state becomes a party to the rome statute, it agrees to submit itself to the. To date, africa represents the largest regional grouping of countries within the iccs assembly of state parties. In conformity with rule 18 of the rules of procedure of the assembly of the union, decisions of the assembly of the african union are arrived at by. Protocol on amendments to the protocol on the statute of the.
Of those states, 34 are african states comprising 30 percent of the courts membership, 28 states are latin american and caribbean states, 19 are asiapacific states, 18 are eastern. Short of amending the rome statute to incorporate this crime, which affects many of its african states parties but over which the icc currently has no jurisdiction, it will be hard to argue against the need for the au to create a court that can prosecute such africaspecific crimes. African states party to the rome statute reaffirm their commitment to justice and their support to the icc addis ababa, 9 june 2009 african states parties to the rome statute of the international criminal court icc met in on 89. The african union and the international criminal court uci sites. Some african leaders, perhaps concerned with avoiding accountability themselves, claim that the icc is unfairly targeting them and have channelled their opposition through the au.
Iccasp1536 assembly of states parties icc cpi international. Some political parties in the republic of the congo are pushing for the countrys withdrawal. It seems likely that more african countries are going to pull out. Send comment about decision on the meeting of african states parties to the rome statute of the international criminal court icc doc. Pdf the paper examines the perception of african states parties to the rome statute of the duty to cooperate with the icc under the rome. S ubse qu ent to this decision, the ministers of justice of the african union adopted a further decision in relation to. States parties to the rome statute of the international criminal court. While the majority of the permanent unsc members usa, china, and russia are not states parties to the icc, articles and 16 of the rome statute confer powe rs for referral and deferral of cases to the unsc. Support for the icc at african union au summit on october 1112. The same council can also defer cases for subsequent years. Agenda 2063 is the blueprint and master plan for transforming africa into the global powerhouse of the future. But the usa, china and the russian federation for example have not. October 4, 20 foreign ministers african states parties.
Out of them 33 are african states, 19 are asiapacific states, 18 are from eastern europe, 28 are from latin american and caribbean states, and 25 are from western european and other states. Africa debate is the icc targeting africa inappropriately. It has therefore initiated the process to withdraw from the rome statute. State and government of the decision on the meeting of african states parties to the rome statute of the international criminal court icc and wishes to state that.
Some african states including those which traditionally supported the icc have begun to speak critically of the icc. States parties to the rome statute of the international. The african union au member states were instrumental in the creation of the rome statute and the establishment of the international criminal court icc. A mass withdrawal from the icc by african member states in response to the trial of kenyan authorities was. Approximately 20 african countries have final or draft national implementation legislation that incorporates rome statute. Out of them 33 are african states, 18 are asiapacific states, 18 are from eastern europe, 28 are from latin american and caribbean states, and 25 are from western european and other states. The rome statute is the treaty that established the international criminal court, an international court that has jurisdiction over certain international crimes, including genocide. Foreign ministers african states parties to the international criminal court re. The african union, the international criminal court, and.
Article i o and article o o of the rome statute represent the intersection of the law on immunities applying to heads of state and government, and the cooperation obligation of states parties to the rome statute. As discussed above, african governments have sought the iccs. Unfortunately, states that want to pull out of the rome statute have made little, if any, effort to present their grievances through the established forums, such as the assembly of states parties. The relationship between state and nonstate parties continue to be governed by. 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. The african union and the international criminal court. The th african union summit on 6 july 2009 concluded that au member states parties should not cooperate pursuant to the provisions of article 98 of the rome statute of the icc relating to immunities for the arrest and surrender of sudanese president omar.
Understanding the icc international criminal court. Of those states, 34 are african states comprising 30 percent of the courts membership, 28 states are latin american and caribbean states, 19 are asiapacific states, 18 are eastern european states and 25 are from western europe and. Au summit decision on the meeting of african states parties to the rome statute of the. Africa and withdrawal from the icc peace palace library. On cooperation by states not party to the international criminal court 88. Au assembly decision on the meeting of african states parties to the. This chapter examines several key issues connected with the three states notifications of withdrawal. Iccasp1261 assembly of states parties icc cpi international. Currently, 124 countries have ratified the rome statute of the international criminal court. In the rome statute, the provisions on the obligation to cooperate differ. Download pdf decision on the meeting of african states parties to the rome statute of the international criminal court icc doc.
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 of the international criminal court. By asking questions that push us to make sense of why african countries have submitted to the jurisdiction of the. On cooperation by states not party to the international. African states parties to the rome statute therefore are faced with the obligation to comply with the au decisions which urge noncooperation with the icc, on one hand. Pdf decision on the meeting of african states parties to. While african countries were initially supportive of the icc.
As noted by the courts chief prosecutor, fatou bensouda, in a recent meeting with ngos in the hague, rather than accusing the icc of focusing on africa, excluding the unsc referrals, it is african states that are coming to the icc. Decision on the meeting of african states parties to the rome statute of the international criminal court icc doc. Decision on the meeting of african states parties to the. In february 2017, the african union au adopted the design, aiming, among others, to provide its member states with a holistic approach, analysis and implications of initiating the withdrawal provision under the rome statute in accordance with. In 2016 three african states namely south africa, burundi and the gambia submitted written noti. An african expert study on the au concerns about article 16 of the rome statute of the icc 3 about this study this african expert study on the african unions au concerns about article 16 of the rome statute of the international criminal court icc seeks to articulate a clearer picture of the law and politics of article 16. In september 20, the kenyan parliament adopted a motion to suspend any links, cooperation and assistance to the icc. Of the 34 current african states parties to the rome statute, 12 have adopted legislation partially or fully domesticating the statute by incorporating its complementarity andor. The rome statute of the international criminal court was adopted at a diplomatic conference in rome on 17th july 1998 and came into force on 1st july 2002. In 2016, african leaders growing discontent with the work of the international criminal court in africa culminated in the unexpected withdrawal of three african states parties from the icc. African countries were actively involved in the creation of the icc and played a crucial role at the rome conference when the courts statute was drafted and adopted. In the philippines, the commencement of an icc preliminary examination into the war on drugs may entail scrutinizing the actions of a sitting head of state. Member states which are non states parties to the rome statute were invited by the commission as observers.
It was adopted at a diplomatic conference in rome, italy on 17 july 1998 and it entered into force on 1 july 2002. The rome statute does not deal with the recruitment of children between fifteen and. State withdrawal notifications from the rome statute of. Of the 122 countries that have signed the rome statute, close to one third comprise african states, and because of the current violence in some of africas key highresource areas, the icc is more likely to scrutinize africa. This paper presents an empirical analysis of domestication of the rome statute of the international criminal court, focusing specially on african states parties. International criminal court icc, assemblyaudec 245xiii, july. However, the meeting decided that nonstate parties should not participate since the assembly decision had called for a meeting of african states parties to the rome statute. Out of them 33 are african states, 19 are asiapacific states, 18 are from.
Iccasp1618 assembly of states parties icc cpi international. The court shall be brought into relationship with the united nations through an agreement to be approved by the assembly of states parties to this statute and. Africa and the international criminal court coalition for the icc. State withdrawals from the rome statute of the international. Memorandum to african states parties of the international.
Pdf cooperation disputes between african states parties. Conscious that all peoples are united by common bonds, their. Declaration by the republic of cote divoire accepting the jurisdiction of the international criminal court pdf. Political implications of the withdrawal strategy of. Managing setbacks for the international criminal court in africa. There are increasingly calls for states to withdraw from the rome statute, including by the au. They have called on african states withdraw en masse from the icc rome statute and to disregard icc arrest warrants for sudanese president omar albashir. Apr 11, 2017 in february 2017, the african union au adopted the design, aiming, among others, to provide its member states with a holistic approach, analysis and implications of initiating the withdrawal provision under the rome statute in accordance with the constitutional provisions of african states parties. Rome statute of the international criminal court 1 preamble the states parties to this statute, conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time. It is the strategic framework for delivering on africas goal for inclusive and sustainable development and is a concrete manifestation of the panafrican drive for unity, selfdetermination, freedom, progress and collective prosperity pursued under panafricanism and african. Rome statute of the international criminal court wikipedia.
Member states which are nonstates parties to the rome statute were invited by the commission as observers. African union coalition for the international criminal court. Oct 28, 2016 but the usa, china and the russian federation for example have not. The african union, the international criminal court, and the. As of november 2019, 123 states are party to the statute. The rome statute was enacted in south africa with the adoption of the lmplementation of the rome statute of the lnternational riminal ourt act, no. Position paper an african expert study on the african. African states parties to the rome statute, and african civil society organisations csos working on international justice and the icc, to meet and discuss how to achieve the icc that africa wants in a nonpolitical and informal forum. Protocol on amendments to the protocol on the statute of. In november 2015, the namibian government agreed to withdraw from the rome statute. Position paper an african expert study on the african union. The states parties to the rome statute of the international criminal court are those sovereign.