States Parties to the Rome Statute of the International Criminal Court

The States Parties to the Rome Statute of the International Criminal Court are those countries that have ratified or acceded to the Rome Statute, the treaty that established the International Criminal Court. As of October 2008, 108 states are members of the Court. A further 40 states have signed but not ratified the treaty, and several states have not signed the treaty but have indicated their intention to accede to it.

The Court can automatically exercise jurisdiction over crimes committed on the territory of a State Party or by a national of a State Party. States Parties must co-operate with the Court, including surrendering suspects when requested to do so by the Court.

States Parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body.

tates Parties

As of October 2008, the following 108 countries have ratified or acceded to the Rome Statute:Amnesty International, " [http://web.amnesty.org/pages/icc-signatures_ratifications-eng The International Criminal Court: Table of signatures and ratifications of the Rome Statute] ". Accessed 2007-07-18.] United Nations Treaty Collection. " [http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&id=372&chapter=18&lang=en Rome Statute of the International Criminal Court] ". Accessed 5 October 2008.]

*In Europe: Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom

*In Africa: Benin, Botswana, Burkina Faso, Burundi, Central African Republic, Chad, Congo, Democratic Republic of Congo, Comoros, Djibouti, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Namibia, Niger, Nigeria, Senegal, Sierra Leone, South Africa, Tanzania, Uganda, Zambia.

*In the Americas: Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, Guyana, Honduras, Mexico, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, Venezuela

*In Asia: Afghanistan, Cambodia, Cook Islands, Japan, Jordan, Mongolia, South Korea, Tajikistan

*In Oceania: Australia, East Timor, Fiji, Marshall Islands, Nauru, New Zealand, Samoa

Implementing legislation

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. [Amnesty International, " [http://web.amnesty.org/pages/icc-implementation-eng Implementation] ". Accessed 2007-01-23.] 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”. [ [http://www.un.org/law/icc/statute/99_corr/9.htm Part 9] of the Rome Statute. Accessed 2007-01-23.]

Under the Rome Statute's complementarity principle, States Parties also have an obligation to implement national legislation to provide for the investigation and prosecution of crimes that fall under the jurisdiction of the court.Fact|date=February 2007

As of April 2006, the following states had enacted or drafted implementing legislation: [Amnesty International, " [http://www.amnestyusa.org/icc/document.do?id=ENGIOR400412006 The International Criminal Court: Summary of draft and enacted implementing legislation] ". Accessed 2007-01-23.]

ignatories

As of October 2008, 40 countries have signed but not ratified the Rome Statute:

*In Europe: Armenia, Czech Republic, Moldova, Monaco, Russia and Ukraine

*In Africa: Algeria, Angola, Cameroon, Cape Verde, Côte d'Ivoire, Egypt, Eritrea, Guinea-Bissau, Morocco, Mozambique, São Tomé and Príncipe, Seychelles, Sudan and Zimbabwe.

*In the Americas: Bahamas, Chile, Haiti, Jamaica, Saint Lucia and the United States.

*In Asia: Bahrain, Bangladesh, Iran, Israel, Kuwait, Kyrgyzstan, Oman, Philippines, Solomon Islands, Syria, Thailand, United Arab Emirates, Uzbekistan and Yemen.

However, two of these states — the United States and Israel — have indicated that they do not intend to ratify the treaty, which they have termed "unsigning" the treaty.

According to 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 makes clear that it does not intend to become a party to the treaty. [ [http://web.archive.org/web/20050208040137/http://www.un.org/law/ilc/texts/treatfra.htm The 1969 Vienna Convention on the Law of Treaties] , Article 18. Accessed 2007-01-23.] [ [http://www.asil.org/insights/insigh87.htm U.S. Announces Intent Not to Ratify International Criminal Court Treaty] , "American Society of International Law", 2002-05-01, accessed on 2007-01-23.]

Bahrain

The government of Bahrain originally announced in May 2006 that it would ratify the court in the session ending in July 2006. [ [http://www.fidh.org/article.php3?id_article=3482 The ratification and implementation of the Statute of the International Criminal Court in Bahrain] , "FIDH", 2006-07-10.] By December 2006 the ratification had not yet been completed, but the Coalition for the International Criminal Court said they expected ratification in 2007. [ [http://www.gulf-daily-news.com/Story.asp?Article=165154&Sn=BNEW&IssueID=29276 Rights push for key court pact ] , "Gulf Daily News", 2006-12-21.]

Cape Verde

The parliament of Cape Verde has concluded that it would be necessary to amend the constitution before the court was ratified to allow for surrender of suspects and to lift the immunity of political leaders from prosecution. [ [http://www.iccnow.org/documents/AfricanNewsletter_Issue1_Sept06_en.pdf?PHPSESSID=08df48852e6a735510bc8f9b15c9b82e ICC-AFRICA] , "Coalition for the International Criminal Court", September 2006 ]

Chile

Before Chile can ratify the court treaty it must first amend its constitution. A constitutional reform bill is currently in progress through the Senate, but in August 2006 it was referred to the Senate Defense Committee amid fears of US sanctions should Chile ratify. [ [http://www.plenglish.com/article.asp?ID=%7B29BE6D60-3ACE-4850-ABBE-35DA765A6656%7D)&language=EN Chile Socialists for Govt ICC Approval] , "Prensa Latina", 2006-09-04] Sen. Juan Antonio Coloma (UDI) said "this treaty has security implications that we have to evaluate ... We are dependent on the United States in defense matters, and there are laws that will be applied if we ratify the treaty". [ [http://www.tcgnews.com/santiagotimes/index.php?nav=story&story_id=12182&topic_id=1 Chile's debate on the International Criminal Court stalls] , "Santiago Times", 2006-09-07]

Czech Republic

The Czech Republic signed the Rome Statute on 13 April 1999, but the national legislature has so far blocked ratification.No Peace Without Justice, " [http://www.npwj.org/?q=node/1597 CTK-Xenophobia, senate, hinder ICC ratification in Czech Republic] ". 14 March 2004. Accessed 2007-01-23.] The Czech Republic is the only member of the European Union that is not a State Party to the Rome Statute. The Czech government favours ratification of the statute, and Prime Minister Mirek Topolanek has said it will be “intolerable” if the statute is not ratified before the Czech Republic assumes the Presidency of the European Council in January 2009. [ [http://launch.praguemonitor.com/en/45/czech_national_news/3201/ Czechs should ratify agreement on International Court, says PM] , "Prague Daily Monitor", 2007-03-15, accessed on 2007-03-17] Senior members of the ruling Civic Democratic Party and the opposition Communist Party of Bohemia and Moravia oppose the court, but the ruling party's Prime Minster, Foreign Minister and main opposition parties support it. [ [http://www.praguemonitor.com/en/184/czech_national_news/12968/ Schwarzenberg: ČR might ratify International Criminal Court treaty] , "Prague Daily Monitor", 2007-10-05, accessed on 2007-10-05] [ Hilda Hoy, “ [http://www.praguepost.com/articles/2007/04/18/international-court-for-war-crimes-gets-snubbed-by-czechs.php International court for war crimes gets snubbed by Czechs] ”. "The Prague Post", 18 April 2007. Accessed 30 April 2007.] Deputies have expressed concern about “"the extradition of Czech citizens abroad, the stripping of constitutional officials' immunity and the possibility to prosecute the president"”. Ratification may also require a constitutional amendment.Prague Daily Monitor, " [http://launch.praguemonitor.com/en/63/czech_national_news/4731/ Czechs not willing to approve International Criminal Court-press] ". 12 April 2007. Accessed 30 April 2007.] The bill to ratify the court was passed by the Czech Senate in July 2008 and the Czech Chamber of Deputies will debate the bill in autumn 2008. [ [http://www.ceskenoviny.cz/news/index_view.php?id=323497 Czech Senate recognises International Criminal Court] , "Ceske Noviny", 2008-07-16, accessed on 2008-07-16]

Israel

Israel voted against the adoption of the Rome Statute but later signed it. In 2002 it submitted a letter to the United Nations declaring that it did not intend to ratify the treaty, using the same wording as the similar letter from the United States. [The American Non-Governmental Organizations Coalition for the International Criminal Court. [http://www.amicc.org/icc_ratifications.html#* "Ratifications & Declarations"] . Accessed 2006-12-04.]

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 is prevented from joining any of the UN Regional Groups. [Israel Ministry of Foreign Affairs, 30 June 2002. [http://www.mfa.gov.il/MFA/MFAArchive/2000_2009/2002/6/Israel%20and%20the%20International%20Criminal%20Court "Israel and the International Criminal Court"] . Accessed 2002-06-30.]

Kuwait

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. [ [http://www.kuwaittimes.net/read_news.php?newsid=MTgxOTI3NDY1OA= Lawyers urge Kuwait to become ICC member] , "Kuwait Times", 2007-03-26, accessed on 2007-04-05]

Philippines

Sen. Miriam Defensor Santiago, Chair of the Senate Foreign Relations Committee, has introduced a Senate resolution calling for the ratification of the Rome Statute, but this has not made progress. In August 2006 the Speaker of the House of Representatives of the Philippines said a series of dialogues were necessary with the armed forces and police prior to ratification in light of the various ongoing insurgencies involving the New People's Army, Abu Sayyaf and the Moro Islamic Liberation Front. [http://news.balita.ph/html/article.php/20060816191525653 JDV seeks dialogues on political killings before ratification of ICC] , "Balita", 2006-08-16] In April 2008, the National Police Director said ratification would prove the country's commitment to human rights, while an Armed Forces representative said that ratification was a political decision that the army "would adhere and abide by". [ [http://newsinfo.inquirer.net/topstories/topstories/view/20080414-130376/PNP-backs-Philippine-ratification-of-intl-criminal-court PNP backs Philippine ratification of int’l criminal court] , "Philippine Daily Inquirer", 2008-04-14] . The United States' strong influence in the country is a strong factor in the decision to delay ratification.Fact|date=April 2007 EU and other governments from countries state parties to the ICC have been pressing for immediate ratification. Having met Philippine government officials, including the President, Canadian government spokesperson has been vigorously pushing for ratification in the Philippines and is leading the diplomatic delegation in this endeavour.

Thailand

Former Senator Kraisak Choonhavan called in November 2006 for Thailand to ratify the court and to accept retrospective jurisdiction, so that former premier Thaksin Shinawatra could be investigated for crimes against humanity connected to 2,500 alleged extra-judicial killings carried out in 2003 against suspected drug dealers. [ [http://www.bangkokpost.com/breaking_news/breakingnews.php?id=114443 War on drugs returns to bite Thaksin] , "Bangkok Post", 2006-11-23 ]

Ukraine

In October 2006, the Ambassador to the United Nations stated that Ukraine would submit a bill to the parliament to ratify the Statute. [ [http://www.un.int/ukraine/news/releases/2006/statement091006.htm Statement by Ukraine regarding the Report of the International Criminal Court] , "UN", 2006-10-09.] Ukraine ratified APIC without having ratified the Rome Statute on 2007-01-29. [http://www.iccnow.org/documents/CICC_APIClist_current.pdf]

United States

There is presently bipartisan consensus that the United States does not intend to ratify the Rome Statute. Some US Senators have suggested that the treaty could not be ratified without a constitutional amendment.clarifyme Other objections to ratification have included that it violates international law, is a political court without appeal, denies fundamental American human rights, denies the authority of the United Nations, and would violate US national sovereignty.

Although the US originally voted against the adoption of the Rome Statute, President Bill Clinton unexpectedly reversed his position on 31 December 2000 and signed the treaty, [Amnesty International. [http://web.amnesty.org/pages/icc-US_threats-eng "US Threats to the International Criminal Court"] . Accessed 2006-11-23.] Brett D. Schaefer, 9 January 2001. [http://www.heritage.org/Research/InternationalOrganizations/EM708.cfm "Overturning Clinton's Midnight Action on the International Criminal Court"] . The Heritage Foundation. Accessed 2006-11-23.] but indicated that he would not recommend that his successor, George W. Bush, submit it to the Senate for ratification. [Curtis A Bradley, May 2002. [http://www.asil.org/insights/insigh87.htm "U.S. Announces Intent Not to Ratify International Criminal Court Treaty"] . The American Society of International Law. Accessed 2006-11-23.] On 6 May 2002, the Bush administration announced it was nullifying the United States' signature of the treaty. [John R Bolton, 6 May 2002. [http://www.state.gov/r/pa/prs/ps/2002/9968.htm "International Criminal Court: Letter to UN Secretary General Kofi Annan"] . US Department of State. Accessed 2006-11-23.] The country's main objections are interference with their national sovereignty and a fear of politically motivated prosecutions.

In 2002, the U.S. Congress passed the American Servicemembers' Protection Act (ASPA), which contained a number of provisions, including prohibitions on the U.S. providing military aid to countries which had ratified the treaty establishing the court (exceptions granted), and permitting the President to authorize military force to free any U.S. military personnel held by the court, leading opponents to dub it the "Hague Invasion Act." The act was later modified to permit U.S. cooperation with the ICC when dealing with U.S. enemies.

The U.S. has also made a number of Bilateral Immunity Agreements (BIAs, also known as "Article 98 Agreements") with a number of countries, prohibiting the surrender to the ICC of a broad scope of persons including current or former government officials, military personnel, and U.S. employees (including non-national contractors) and nationals. None of these agreements preclude the prosecution of Americans by any nation where they are believed to have committed any crime. As of 2 August 2006, the US Department of State reported that it had signed 101 of these agreements.Coalition for the International Criminal Court, 2006. [http://www.iccnow.org/documents/CICCFS_BIAstatusCurrent.pdf "Status of US Bilateral Immunity Acts"] . Accessed 2006-11-23.] The United States has cut aid to many countries which have refused to sign BIAs.

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.Human Rights Watch, " [http://hrw.org/campaigns/icc/docs/1422legal.htm The ICC and the Security Council: Resolution 1422] ". Accessed 2007-01-11.] 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. 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. [BBC News, 20 March 2006. " [http://news.bbc.co.uk/2/hi/americas/3834237.stm Q&A: International Criminal Court] ". Accessed 2007-01-11.]

Yemen

On 24 March 2007, the Yemeni parliament voted to ratify the Rome Statute.gulfnews.com, 26 March 2007. “ [http://archive.gulfnews.com/articles/07/03/26/10113614.html Yemen becomes fourth Arab country to ratify ICC statute] ”. Accessed 27 March 2007.] Amnesty International, 27 March 2007. [http://www.amnestyusa.org/news/document.do?id=ENGMDE310042007 "Amnesty International urges Yemen to complete the ratification of the Rome Statute"] . Accessed 2007-04-01.] However, some MPs claim that this vote breached parliamentary rules, and have demanded another vote. It is unclear whether parliament has the right to vote again on the issue at this stage, or whether the President will proceed with ratification despite parliament's objections. [News Yemen, 8 April 2007. “ [http://www.newsyemen.net/en/view_news.asp?sub_no=3_2007_04_08_6621 Legal controversy in Parliament over ICC Rome Statute] ”. Accessed 2007-04-10.] [gulfnews.com, 9 April 2007. “ [http://archive.gulfnews.com/articles/07/04/09/10116933.html Yemen parliament recants vote for ICC] ”. Accessed 2007-04-10.]

Accession states

The deadline for signing the Rome Statute expired on 31 December 2000. States that did not sign before that date have to accede to the Statute in a single step. To date, eight states — Afghanistan, Cook Islands, Dominica, East Timor, Japan, Saint Kitts and Nevis, Saint Vincent and the Grenadines and Suriname — have acceded to the treaty,Coalition for the International Criminal Court, 18 July 2008. PDFlink| [http://www.iccnow.org/documents/RatificationsbyUNGroup_18_July_08.pdf "States Parties to the Rome Statute of the ICC"] . Accessed 25 July 2008.] and a number of other states have taken steps to do so:

Guatemala

In July 2006, the United Nations Committee Against Torture noted assurances from the government of Guatemala that "necessary steps are being taken to ratify the Rome Statute". [United Nations Committee Against Torture, 25 July 2006. "Consideration of Reports Submitted by States Parties under Article 19 of the Convention". [http://www.unhchr.ch/tbs/doc.nsf/0ac7e03e4fe8f2bdc125698a0053bf66/7bb375a04fc64f59c12571e70039cfa7/$FILE/G0643260.pdf PDF] , [http://72.14.235.104/search?q=cache:kdFBd8AuIiwJ:www.unhchr.ch/tbs/doc.nsf/0ac7e03e4fe8f2bdc125698a0053bf66/7bb375a04fc64f59c12571e70039cfa7/%24FILE/G0643260.pdf+site:www.unhchr.ch+CAT/C/GTM/CO/4 HTML] . Accessed 2007-01-23.]

Indonesia

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”.Amnesty International, Fact sheet: Indonesia and the International Criminal Court. [http://www.amnesty.org.hk/html/uploads/ICC_Indonesia.doc DOC] , [http://72.14.235.104/search?q=cache:fXn7H4Hs_9wJ:www.amnesty.org.hk/html/uploads/ICC_Indonesia.doc HTML] . Accessed 2007-01-23.] 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. 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. [ [http://www.thejakartapost.com/detailheadlines.asp?fileid=20070210.B08&irec=7 RI to join global criminal court] , "Jakarta Post", 2007-02-11, accessed on 2007-02-11]

Iraq

In February 2005 the Iraqi Transitional Government decided to ratify the court. However, two weeks later they reversed this decision, [ [http://www.rferl.org/featuresarticle/2005/03/52ea521c-4b82-4f8c-8611-ca137c3606ed.html Iraq Pulls Out Of International Criminal Court] , "Radio Free Europe", 2005-03-02 ] a move that the Coalition for the International Criminal Court claimed was due to pressure from the United States. [ [http://www.commondreams.org/cgi-bin/print.cgi?file=/headlines05/0808-06.htm Groups Urge Iraq to Join International Criminal Court] , "Common Dreams", 2005-08-08 ]

Nepal

On 25 July 2006, the Nepalese House of Representatives directed the government to ratify the RomeStatute. Under Nepalese law, this motion is compulsory for the Executive. [Asian Parliamentarians’ Consultation on the Universality of the International Criminal Court, “An action plan for the Working Group of the Consultative Assembly of Parliamentarians for the ICC and the rule of law on the universality of the Rome Statute in Asia”. [http://www.pgaction.org/uploadedfiles/Final%20Document%20MANILA.pdf PDF] , [http://72.14.235.104/search?q=cache:M9sTk3me1-0J:www.pgaction.org/uploadedfiles/Final%2520Document%2520MANILA.pdf HTML] 16 August 2006. Accessed 2007-01-23.]

Turkey

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. [ [http://www.amicc.org/docs/EUCommonPos6_03.pdf Council Common Position on the International Criminal Court] , "American Coalition for the International Criminal Court", 2003-06-13] Prime Minister Recep Tayyip Erdoğan stated in October 2004 that Turkey would "soon" ratify the court, [ [http://www.turkishweekly.net/comments.php?id=794 Turkey, EU and the International Criminal Court] , "Journal of Turkish Weekly", 2005-04-14] and the Turkish constitution was amended in 2004 to explicitly allow nationals to be surrendered to the court. [ [http://66.249.93.104/search?q=cache:hS0Df1zrdjAJ:www.abig.org.tr/images/constitutional%2520amendments.doc Constitutional Amendments] , "Secretariat-General for EU Affairs (Turkey)", 2004-05-10] 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. [ [http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=130916 Turkey shelves accession to world criminal court] , "Zaman", 2008-01-20, accessed on 2008-01-20]

The position of other states

China

China has opposed the court, on the basis that:

# It goes against the sovereignty of nation states
# The principle of complementarity gives the court the ability to judge a nation's court system
# War crimes jurisdiction covers internal as well as international conflicts
# The court's jurisdiction covers peace-time crimes against humanity
# Inclusion of the crime of aggression weakens the role of the Security Council in this regard
# The prosecutor's right to initiate prosecutions may open the court to political influence [“ [http://jicj.oxfordjournals.org/cgi/content/abstract/3/3/608 China's Attitude Towards the ICC] ”, Lu Jianping and Wang Zhixiang, "Journal of International Criminal Justice", 2005-07-06.]

India

The government of India has consistently opposed the court. It abstained in the vote adopting of the statute in 1998, saying it objected to: [ [http://www.indianembassy.org/policy/ICC/ICC_Adoption_July_17_1998.html Explanation of vote on the adoption of the Statute of the International Criminal Court] , "Embassy of India", 1998-07-17 ]

# The broad definition adopted of Crimes against humanity
# The right given to the Security Council to refer cases, delay investigations and bind non-State Parties.
# The use of nuclear weapons or other weapons of mass destruction not being explicitly outlawed

Other anxieties about the court concern:

# How the principle of complementarity would be applied to the Indian criminal justice system
# The inclusion of non-international conflicts - and hence Kashmir and other disputes within India - in the category of war crimes
# The power of the prosecutor to initiate prosecutions [ [http://www.ielrc.org/content/a0505.pdf India and the ICC] , "Usha Ramanathan, Journal of International Criminal Law, 2005.]

Nonetheless, a member of the Rajya Sabha upper house and Indian Supreme Court advocate called in 2008 for India to join, saying India didn't have the resources to deal with terrorism and communal violence on its own. [ [http://www.sindhtoday.net/south-asia/10516.htm India must join International Criminal Court: expert] , "Sindh Today", 2008-08-09, accessed on 2008-08-10]

Notes and references