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PGA’s vision is to contribute to the creation of a Rules-Based International Order for a more equitable, safe, sustainable and democratic world.

Dominican Republic and the Rome Statute

PGA has a long and solid partnership history with the Dominican Republic, a state party to the Rome Statute, of promoting the fight against impunity for the most serious crimes of international concern. On 6 December, 2014 the President of PGA was unanimously elected: Dip. Minou Tavárez Mirabal, from Dominican Republic. Currently PGA’s work focuses on the full implementation of the Rome Statute and strengthening the cooperation with the Court as well as the promotion of the Ratification of the Kampala Amendments.

Rome Statute

Dominican Republic representatives attended the Rome Conference and signed the Rome Statute on 8 September 2000.  Its instrument of ratification was deposited on 12 May 2005.

Kampala Amendments of 2010

The Dominican Republic has not yet ratified the Kampala Amendments to the Rome Statute, but concrete steps have been taken. Indeed, the Kampala Amendments were incorporated in the new Criminal Code awaiting for its entry into force. The Crime of Aggression is defined in article 378 and the employment of poison or poisoned weapons; toxic or prohibited gases, liquids, materials or devices; and of prohibited weapons or bullets during times of both, non-international and international armed conflict in article 92 sections 25, 26 and 27.

For more information, please read this document.

Status on the domestic implementation of the Rome Statute

On 18 November, 2014, after Senate´s approval, the Chamber of Deputies of Dominican Republic approved the Criminal Code´s reform. Articles 89 through 95 enshrine provisions referring to genocide, war crimes, crimes against humanity, command responsibility and their respective penalties and status of limitation. The bill is the result of a 10 year criminal code reform process in Dominican Republic.

Previously, in the Plan of Action of the Assembly of States Parties for Achieving Universality and Full implementation of the Rome Statute of the International Criminal Court, 2009, the government of Dominican Republic recognized the importance of implementing the provisions of the Rome Statute by acknowledging the project for the new Criminal Code.

Moreover, the Constitution of 2008 incorporates general principles of law as per the Rome Statute, including non-applicability of statutes of limitation for several crimes including crimes against humanity, genocide and aggression.

Additionally, in regards to the establishment of cooperation mechanisms with the Court; on 4 and 5 December, 2014, in the context of the 8th Consultative Assembly for Parliamentarians for the ICC and the Rule of Law, PGA Members committed to the submission of a Bill to allow full cooperation of Dominican Republic with the ICC.

Agreement on Privileges and Immunities of the Court (APIC)

The Dominican Republic ratified the APIC on 10 September 2009.

Additional Agreements

A Bilateral Immunity Agreement with the US regarding the surrender of persons to the ICC was signed at Santo Domingo-September 13th 2002 which entered into force August 12th 2004.

progress in action

Genocide, crimes against humanity and general principles of International Criminal Law have been inserted in the Penal Code of 2006 thanks to the leadership and committment of several PGA Members led by Dip. Minou Tavárez Mirabal and Dip. José Ricardo Taveras.

On 9 September 2011, PGA Board Member Dip. Minou Tavárez Mirabal (majority) and International Council Member Dip. Victor Bisono (opposition) organized a Round-Table attended by 10 parliamentarians, including those most involved in the drafting and adoption of the new Penal Code, in which PGA members included the crimes contained in the Rome Statute. The meeting sought to brief the PGA members on the developments at the ICC and the pending tasks in the Dominican Republic with respect to the Rome Statute. In concrete terms, this Round-Table aimed to provide techinical assistance to promote mainly (i) preparation and adoption of national implementing legislation on cooperation with the ICC; and (ii) ratification of the Kampala Review Conference amendments on crime of aggression and war crimes (iii) consideration of nominations of competent Judges, exploring all the possibilities given by the Rome Statute, with emphasis on the gender criteria.

As a result from the meeting with Parliamentarians, the MPs requested the PGA secretariat to provide technical input on the Criminal Code to the legal advisor of their Special Committee, including proposals that the PGA expert-staff presented on the definitions of crimes against humanity, war crimes and the crime of aggression.

Additionally, MPs agreed to present a resolution calling the government to transmit the Kampala Review Conference amendments to Parliament for ratification.

Therefore, following this meeting, PGA provided further input to add to the Criminal Code i.e. the definition of crime of aggression, inclusion of forbiden weapons for non-international armed conflicts and ensuring the insertions of general principles of law such as command responsibility, universal jurisdiction and the obligation aut dedere aut judicare. The amendments were submitted on 4 October 2011.

In the context of this Round-Table PGA staff also highlighted the period of nominations for the election of judicial officials at the ICC and the urgency of counting with enough Latin American candidates to meet the minimum voting requirements and proceed with the election at the ASP in December 2011

On 12 September, 2011, the PGA delegation accompanied by PGA members met at the Ministry for Foreign Affairs (a Vice-Minister, the Head of Multilateral relations and the Dominican Judge to the Inter-American Court for Human Rights) to follow-up on the urgency of a judicial nomination and on all other matters pertaining to the Executive, including the transmittal to the Parliament of the Kampala Amendments.

Dip. Minou Tavárez took the initiative in the procedure endorsed by all political parties that led to the prompt national nomination of a female candidate for Judge at the ICC – a national Judge who had 29 years of experience in criminal court cases as Presiding Judge of the Penal Chamber of the Court of Appeals and of the Penal Court of Santo Domingo.

Judge Herrera Carbuccia received the approval of the Assembly of States Parties and was elected on 11 March 2012, Judge at the ICC.

In the context of that mission, PGA also facilitated a meeting between the members of the Committee in charge of the revision of the Criminal Code amendment project, with the ICRC in November 2011. The concerns of the ICRC, however, were already incorporated in PGA's commentaries.

Organization of American States (OAS)

As a member of the Organization of American States, Dominican Republic has supported the promotion of the International Criminal Court through the adoption of an annual resolution by the General Assembly of the OAS, as well as by the holding of a working meeting of high level within the Political and Juridical Affairs Committee of the OAS. PGA members have been invited at numerous occasions to this meeting. For more information on the work of PGA within the OAS, click here.

African, Caribbean and Pacific community (ACP)

As a member of the African, Caribbean and Pacific community (ACP), and as signatory of the revised Cotonou Agreement of the ACP and European Union, Dominican Republic has recognized the importance of the ICC as a mechanism for peace and international justice, and has committed to promote the ratification and implementation of the Rome Statute, to seek to take steps towards the implementation of the Rome Statute, and to fight against international crime giving due regard to the Rome Statute regulations. For more information on the work of PGA within the ACP-EU mechanism, click here.

Human Rights Council Universal Periodic Review

Dominican Republic has been reviewed during the 18th session of the UPR in 2014. In the second cycle review the Dominican Republic received a recommendation regarding the ratification of the Kampala Amendments to the Rome Statute by Estonia. During the first cycle review in 2009 no recommendations regarding the Rome Statute had been made.

Related activities

Key Documents

Status of the Rome Statute System as of February 2024:

 
States that have ratified the Rome Statute [124]
 
States that have signed the Rome Statute but have not ratified it yet [30]
 
States that have withdrawn from the Rome Statute [2]
 
States that have neither signed nor ratified the Rome Statute
 

124 countries are States Parties to the Rome Statute of the International Criminal Court. Of these, 33 are African States, 19 are Asia-Pacific States, 19 are from Eastern Europe, 28 are from Latin American and Caribbean States, and 25 are from Western European and other States.

Work of PGA in this Country:

The 10th Consultative Assembly of Parliamentarians for the International Criminal Court and the Rule of Law (CAP-ICC) and 40th Annual Forum of PGA took place 16-17 November 2018 in Kyiv, Ukraine.

10th CAP-ICC and 40th Annual Forum of PGA

Parliament of Ukraine in Kyiv, 16-17 November 2018.

The Rome Statute of the International Criminal Court (ICC) was adopted on 17 July 1998.

Conference on the Commemoration of the 20th Anniversary of the Statute of the International Criminal Court

Contrary to the popular belief, the Rome Statute was effectively opened to the signatures by States on 18 July 1998, when the Final Act of the Rome Diplomatic Conference was signed.

PGA’s “reference law” on cooperation with the ICC creates legislative frameworks for direct cooperation among judicial and prosecutorial organs of the State and the ICC.

Dominican House of Deputies Approves in Second Reading the Draft Bill on Cooperation and Relation with the ICC

On 19 June 2018, the House of Deputies of the Dominican Republic approved in first reading the Draft Bill Number 05835-2016-2020-CD on Cooperation and Relations with the ICC.

(r-l): Dip. Victor Bisonó, Minister of Foreign Affairs, Ing. Miguel Vargas Maldonado, Sen. Julio César Valentín, Dip. Radhames Gonzalez and Ab. Salim Ibarra

PGA members in Dominican Republic meet with the Minister of Foreign Affairs to discuss the Ratification of the Kampala Amendments

Chairperson of the PGA National Group in Dominican Republic, Dip. Victor Bisonó has met with the Minister of Foreign Affairs of the Dominican Republic to discuss the importance of the ratification of the Kampala Amendments by Dominican Republic.

This seminar aimed to provide a space in which legislators and other stakeholders could exchange views on progress made and challenges that remain regarding the full implementation of the principles and crimes of the Rome Statute.

Sub-Regional Parliamentary Seminar on the ICC: Legislators from Latin America commit to the principle of Never again and Reparation for Victims

On 28-29 September 2016, in the framework of its Parliamentary Campaign for the Effectiveness and Universality of the Rome Statute, Parliamentarians for Global Action (PGA) organized a Parliamentary Seminar.

Diputada Minou Tavarez Mirabal, Rep. Dominicana (President of PGA) addresses the Committee on Juridical and Political Affairs

2016 Working Session on the ICC convened by the Permanent Council of the OAS

In February 2016, PGA President, Dip. Minou Tavarez Mirabal (Dominican Republic) addressed the Committee on Juridical and Political Affairs of the Organization of American States (OAS) at its regular high-level session on the International Criminal Court.

US Congress, Washington DC, 10 Feb. 2016, hosted by Tom Lantos Human Rights Commission

US Congressional Briefing on “Justice for ISIS Atrocities? How US Policy on the International Criminal Court Can Help Promote Accountability in Iraq and Syria

The briefing aimed at providing different views on the potential role that the ICC could play in fighting impunity of those responsible for committing international crimes in Syria, Iraq and other areas of the world affected by ISIS.

PGA’s Delegation with the President of the Senate of the Dominican Republic; Cristina Lizardo Mézquita.

Parliamentary Workshop on the Ratification and Implementation of the Rome Statute and the Kampala Amendments in Dominican Republic

On 10 - 11 March, 2015 PGA organized, together with the Senate of the Dominican Republic, a Parliamentary Workshop on the Ratification and Implementation of the Rome Statute and the Kampala Amendments.

PGA has worked with Parliamentarians from Haiti since 2007 promoting the fight against impunity for the most serious crimes.

Parliamentary Mission to the Parliament and Government of Haiti to promote Ratification of the Rome Statute - 12, 13 March 2015

PGA has organized a Parliamentary Mission from the Dominican Republic to the Parliament and Government of Haiti to contribute to the furtherance of the country’s engagement with international justice and to promote Ratification of the Rome Statute.

Parliamentarians from Latin America at the Chamber of Representatives of Uruguay in Montevideo, PGA Parliamentary Seminar and technical Workshop

Sub-Regional Working Group on Challenges for the Effectiveness of the Rome Statute system in the Americas

The intense activities and discussions brought together over 25 Parliamentarians from 12 different Latin American States.

The discussions brought together over 20 Parliamentarians from 10 different Latin American States, such as Argentina, Bolivia, Colombia, Costa Rica, Dominican Republic, Ecuador, México, Paraguay, Peru and Uruguay.

Sub-Regional Working Group on Challenges for the Effectiveness of the Rome Statute system in the Americas

In September 2013, PGA organized a Parliamentary Seminar and a technical Roundtable in the framework of a Sub-Regional Working Group on Challenges for the Effectiveness of the Rome Statute system in the Americas.

Meeting at the office of United States Representative and PGA member Mr. Jim Mc Govern with Diputada Minou Tavarez Mirabal, Rep. Dominicana, PGA Chair of International Council.

2013 Working Session on the ICC convened by the Permanent Council of the OAS

On Aril 11, 2013, the Chairperson of the International Council of PGA addressed the Political and Juridical Affairs Committee of the Organisation of American States at its regular high-level session on the International Criminal Court. Dip. Minou Tavarez.

II Ibero-American and Lusophone Parliamentary Conference on the International Criminal Court (ICC)

Iberoamerican-Lusophone Parliamentary Conference on the International Criminal Court

Held in the Parliament of Brazil, Brasilia, on 25-26 March 2004, the Conference brought together approximately 600 participants, amongst whom were 140 parliamentarians and Government officials from 24 countries.

Publication

Parliamentary Kit on the International Criminal Court
Parliamentary Kit on the International Criminal Court

Parliamentary Kit on the International Criminal Court

It is imperative that the Rome Statute be ratified universally for the successful functioning of the Court. Parliamentarians should ensure that the ICC is truly universal.

Description

Created by the Rome Statute, the International Criminal Court (ICC) is the first permanent and independent international court capable of investigating and bringing to justice individuals who commit the most serious violations of international criminal law, international humanitarian law, and human rights.

The Rome Statute defines the crimes under the Court’s jurisdiction and provides the general principles and procedures for the operation of the Court. It also outlines the cooperation obligations of its State Parties. It is imperative that the Rome Statute be ratified universally for the successful functioning of the Court. Parliamentarians should ensure that the ICC is truly universal.

PDF(s)

Additional Details

  • Publication Type: Toolkit
  • Author(s): Parliamentarians for Global Action

Publication

Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)
Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)

Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)

Description

The ICC is the first and only permanent independent court with the mandate to investigate and prosecute individuals responsible for committing international crimes, namely genocide, crimes against humanity, war crimes, and the crime of aggression. Its 18 judges from around the world, elected for a nine-year term, play a key role in ensuring this expectation is lived up to through their primary mandate to render authoritative and high-quality jurisprudence and guarantee fair trials.

Therefore, the quality of the judges has fundamental importance to the performance, efficiency, and effectiveness of the ICC, which is at the heart of the long-term success of the ICC and the Rome Statute system as a whole. In this handbook, PGA sets forth specific criteria and recommendations for Parliamentarians to encourage their governments to improve national nomination procedures for ICC judicial candidates and adopt good practices and requirements to ensure these processes are fair, transparent, and merit-based. The goal of robust nomination procedures is to ensure that only candidate judges or jurists of the highest caliber make it on the ballot.

PDF(s)

Additional Details

  • Publication Type: Handbook
  • Author(s): Parliamentarians for Global Action

Publication

Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court
Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court

Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court

Description

It is our honor and privilege to present to you the Third Edition of the Handbook on the Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the ICC.

It is the product of our collaborative effort aimed at assisting States in ratifying the amendments adopted by consensus in Kampala and helping criminalize the most serious forms of the illegal use of force.

PDF(s)

Additional Details

  • Publication Type: Handbook
  • Author(s): Permanent Mission of the Principality of Liechtenstein to the United Nations; Global Institute for the Prevention of Aggression; Liechtenstein Institute on Self-Determination at Princeton University (LISD); (Drafting Assistance by PGA)