On 28th and 29th September 2015, a multi-party delegation of parliamentarians from the foreign Affairs Committee of El Salvador visited The Hague to meet with the principle organs of the International Criminal Court (ICC), experts, diplomats and fellow parliamentarians in order to address lingering political and legal concerns and obstacles to achieve consensus or majority-support among all political groups represented in the Parliament of El Salvador on the ratification of the Rome Statute. This project built on the work that PGA has been doing since 2002 in El Salvador. The Rome Statute’s Ratification Bill is currently in the agenda of the Foreign Affairs Committee of the Salvadoran Parliament.
Parliamentarians of the different parties of El Salvador (ARENA, FMLN, GANA and PCN) met with the ICC President, Prosecutor and Registrar, who provided the delegation with a first hand and helpful overview of the broad challenges faced by the Court in the implementation of its mandate. The meeting with the ICC President and Prosecutor helped to clarify a number of legal issues, including on the specific operation of the principle of complementarity and the nature of the interaction between the domestic legal order of El Salvador with the Rome Statute as well as the relationship of the non-retroactivity principle with the principle of non-applicability of Statutes of Limitation and the qualification of certain international crimes as “continuous” or “permanent” (i.e., enforced disappearance of persons).
The parliamentarians also had the opportunity to express their doubts, especially regarding non-retroactivity, complementarity and cooperation, and exchange views with senior officials of the Ministry of Foreign Affairs of The Netherlands, the Vice President of the Assembly of States Parties and Latin American diplomats that actively participate in the ASP Bureau and The Hague Working Groups and the Universality Facilitators. These meetings allowed the Salvadorian MPs to receive information on the experience of all those countries as States Parties to the Rome Statute.
It is important to note the principle of Complementarity and Non-retroactivity of the Rome Statute. Dip. Mario Tenorio, Chair of the Legislative and Constitutional Committee.
Los diputados hemos quedado convencidos de la Irretroactividad y Complementariedad del Estatuto de Roma. Dip. Edgardo Escolán Batarse, member Foreign Affairs Committee.
Moreover, discussions with their Dutch peers within the Foreign Affairs Committee of the Dutch Parliament, were held where the Parliamentarians from El Salvador reinforce their commitment to work towards the ratification of the Rome Statue by El Salvador.
This visit is important to clarify doubts that existed so that we can make a decision on our return. Dip. Lorenzo Rivas, member Foreign Affairs Committee.
We welcome the genuine commitment of our Salvadoran colleagues to advance the Rule of Law in their country by making determined progress towards ratifying the Rome Statute of the ICC! Mr. Harry van Bommel, MP, Mr. Michiel Servaes, MP, members of the Foreign Affairs Committee.
At the end of the visit, the Legislators agreed that, given that misconceptions and misperceptions around the Rome Statute had now been clarified, there was room for consensus in favor of ratification.
My party is ready to vote in favor of the ratification we hope that the other parties will join us in this effort to join the international community on the fight against impunity. Dip. Karina Sosa, Chair of the Committee of Foreign Affairs.
Having clarified the issue of non-retroactivity of the Statute, we will make every effort to ratify. Dip. Reynaldo Cardoza, member Foreign Affairs Committee.