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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.

Ecuador and the Rome Statute

Since 2000, PGA has been working in Ecuador with a multiparty group, promoting the fight against impunity, notably through the ratification and domestic implementation of the Rome Statute of the International Criminal Court (ICC). Those efforts were successful and paved the way for the ratification of the Rome Statute in 2002.

After the ratification, PGA’s priority in Ecuador has been the adoption of complete domestic legislation containing the crimes and core principles included in the Rome Statute as well as provisions to set a national mechanism to fulfill the cooperation obligation with the ICC.

To accomplish these goals, PGA has provided political and technical assistance to its members through the organization of Seminars in the country and the Americas region, the provision of legal comments to the Organic Criminal Code Bill in 2013, and the amendments to the adopted Organic Criminal Code in 2014, and the PGA Reference Law on Cooperation with the ICC for the Latin American Countries.

PGA’s work regarding implementing the Rome Statute of the ICC in Ecuador has been extensive. After the participation of two important parliamentarians, Dip. Rosana Alvarado, then first vice president of the National Assembly and Dip. Fernando Bustamante, then President of the Sovereignty, Integration, International Affairs, and Security Committee in the PGA Workshop on the Challenges of the Rome Statute in the Americas on September 2013 and upon written request, PGA provided guidance and technical assistance to modify the proposed bill to amend the Criminal and Criminal Procedural Codes which included the definition of the Crime of Aggression. PGA recommended, inter alia, that the definition of crimes against humanity should include all the acts mentioned in the Rome Statute and that a specific Chapter should be developed with specific rules on cooperation with the ICC.

The Organic Code, which was adopted by Parliament on 10 February 2014, incorporated most of PGA’s recommendations. After the participation of PGA member Marisol Peñafiel in the Workshop on the Challenges of the Rome Statute in the Americas in August 2014 and taking the opportunity that the Organic Criminal Code was opened for review, Dip. Peñafiel introduced amendments to such Code in December 2014 while considering the comments received by PGA in collaboration with two other NGOs to make the code fully compatible with the provisions of the Rome Statute. Moreover, Dip. Peñafiel requested PGA’s technical assistance in drafting a law that creates the necessary mechanisms to allow Ecuador to fully cooperate with the ICC. Provisions were included on the interim release, privileges and immunities of court officials, and the enforcement of sentences. The Bill was drafted following PGA’s Reference Cooperation Law for Latin American Countries and was introduced to the Parliament on 4 February 2015.

Following the commitment made during PGA’s 2021 parliamentary workshop on the implementation of international standards to fight against impunity for atrocity crimes, Dip. Esther Cuesta Santana (member of the Executive Committee and president of the National Group in the country) presented, on 13 October 2022, a Draft Organic Law on Cooperation of the Ecuadorian State with the International Criminal Court (available in Spanish). The Bill passed muster at the Legislative Administration Council and was sent to the Permanent Specialized Commission of International Relations and Human Mobility. On 10 April 2023, the International Relations Commission approved the report of the first debate on the draft Law on Cooperation (link available in Spanish).

On 14 March 2024, the Plenary of the National Assembly of Ecuador unanimously approved (available in Spanish), with 119 votes, the Law on Cooperation between Ecuador and the International Criminal Court (ICC), which received technical support from Parliamentarians for Global Action. The executive branch then reviewed the Bill, and President Daniel Noboa submitted a partial objection on 17 April, which the National Assembly resolved on 8 May (available in Spanish) and requested its immediate publication. The Law was officially published on 16 May 2024 (available in Spanish), marking a significant milestone in Ecuador’s journey towards ensuring effective international justice.

Signature, Ratification of/Accession to the Rome Statute of the ICC
Signature Date: 7 October 1998
Ratification Date: 5 February 2002
Amendments to the Rome Statute
Ratification of the Kampala Amendment to Article 8 of the Rome Statute on war crimes [poison and expanding bullets in NIAC] (2010): No
Ratification of the Kampala Amendment to the Rome Statute on the crime of aggression reflected in Article 8 bis (2010): Yes, ratified on 25 September 2019
Ratification of the Amendment to Article 124 of the Rome Statute (2015): No
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [biological weapons] (2017): No
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [blinding laser weapons] (2017): No
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [non-detectable fragments] (2017): No
Ratification of the Amendments to Article 8 of the Rome Statute on war crimes [starvation as a war crime in NIAC] (2019): No
Adoption of implementation legislation of the Rome Statute of the ICC

The Integral Organic Criminal Code of 10 February 2014 (Amended in 2021) incorporates the provisions of the Rome Statute defining the crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. However, very few acts under crimes against humanity, war crimes, and the crime of aggression are not codified by the Integral Organic Criminal Code.

The Integral Code recognizes both universal jurisdiction (only for crimes against humanity) and the imprescriptibility of the criminal offenses set out in the Statute. Article 80 of the Political Constitution of Ecuador also recognizes the imprescribility of the criminal offenses, as well as the principle of responsibility of commanders and other superiors, as provided by the Rome Statute.
Cooperation Agreements
Ratification of Agreement on Privileges and Immunities of the Court (APIC): Yes, ratified on 19 April 2006.
Signature of Agreement of Enforcement Sentences with the ICC: No.
Signature of Agreement of Interim and Final Release with the ICC: No.
Signature of Bilateral Immunity Agreement with the USA: No.
Parliamentary Action
14 March 2024
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:

PGA Welcomes Ecuador’s Adoption of the Law on Cooperation with the International Criminal Court

PGA Welcomes Ecuador’s Adoption of the Law on Cooperation with the International Criminal Court

PGA enthusiastically applauds the National Assembly of Ecuador for its momentous decision to adopt the Organic Law on Cooperation between the State of Ecuador and the International Criminal Court.

June 2021 PGA Rome Statute Campaign Update

June 2021 PGA Rome Statute Campaign Update

This update focuses on obstacles PGA overcame and its successes during the first half of 2021 amid the limitations caused by the global pandemic, which compelled the Secretariat and Members to Adapt and Innovate more than ever.

Latin American Legislators and Experts Meet to Discuss the Fight against Impunity for International Crimes

Latin American Legislators and Experts Meet to Discuss the Fight against Impunity for International Crimes

Participants and panelists had the opportunity to discuss several situations in the region under the current challenging global context caused by the COVID-19 pandemic and the social protests that have taken place in several countries.

Looking Ahead: PGA Member Hon. Hryhoriy Nemyria, MP (Ukraine) addressed the 18th Assembly of States Parties, committing Ukraine to ratify the Rome Statute in 2020.

Final PGA Rome Statute Campaign Update 2019

As 2019 comes to a close, we at Parliamentarians for Global Action (PGA) look back at a year that saw impressive gains in the fight against impunity, but also some setbacks.

Asambleísta Soledad Buendía (Ecuador)

National Assembly of Ecuador Approves Rome Statute Crime of Aggression Amendments

New York/Quito, 23 April 2019 – Today, the National Assembly of Ecuador approved the ratification of the Kampala Amendments to the Rome Statute of the International Criminal Court (ICC of the Court) on the crime of aggression.

Asambleísta Soledad Buendía reminds us that “the crime of aggression is the supreme violation of jus ad bellum, which is directly related to the legitimacy of the use of force.

National Assembly of Ecuador moves closer towards ratifying Crime of Aggression Amendments to the Rome Statute of the ICC

The Commission of Sovereignty, Integration, International Relations and Integral Security of the National Assembly of Ecuador unanimously approved the report on the ratification of the Kampala Amendments to the Rome Statute on the crime of aggression.

National Assembly of Ecuador Works to Prevent Genocide

National Assembly of Ecuador Works to Prevent Genocide

The members of the Legislative Administrative Council met on Tuesday, 29 January 2019 to evaluate several bills.

Ms. Soledad Buendía, MP (Ecuador)

The Ratification of the Kampala Amendments to the Rome Statute of the International Criminal Court: a priority for the Parliament of Ecuador

Ecuadorian PGA members commited to further the implementation of the Rome Statute.

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.

This Seminar was hosted by the National Congress of Honduras on 18 and 19 October 2018, in the capital city Tegucigalpa.

Sub-regional Parliamentary Seminar on the Universality and Implementation of the Rome Statute

This Seminar was hosted by the National Congress of Honduras on 18 and 19 October 2018, in the capital city Tegucigalpa.

PGA Promotes the Universality of the Rome Statute at the Special Session of the OAS on the ICC

PGA Promotes the Universality of the Rome Statute at the Special Session of the OAS on the ICC

On 15 March 2018, Parliamentarians for Global Action (PGA), participated in the 10th Special Session of the Organization of American States (OAS) on the International Criminal Court (ICC), organized by the OAS Committee on Juridical and Political Affairs.

Dip. Marisol Peñafiel is Chair of the PGA National Group of Ecuador

PGA addresses the Justice Committee of Ecuador’s National Assembly on the full implementation of the ICC Statute into the Organic Criminal Code

On 20 March 2017, the Justice Committee of the National Assembly of Ecuador held a Hearing to discuss the reforms introduced by Dip. Marisol Peñafiel.

Dip. Marisol Peñafiel is Chair of the PGA National Group of Ecuador.

Chair of PGA National Group in Ecuador Tables a Bill on Cooperation with the ICC

On 21 September 2016, Dip. Marisol Peñafiel, Chair of the PGA National Group of Ecuador, tabled a bill to amend the Criminal Code and include national mechanisms to enhance the cooperation with the ICC.

Paraguayan Legislators commit to full implementation of the Rome Statute and ratification of the Kampala Amendments

Consultations on the Implementation of the Rome Statute and Support for the International Criminal Court in Paraguay

On 7 July 2016, in the framework of its Parliamentary Campaign for the Effectiveness and Universality of the Rome Statute, Parliamentarians for Global Action (PGA) organized Consultations on the Implementation of the Rome Statute and Support to the Court.

Photo courtesy of Chamber of Deputies, Uruguay

Sub-regional Meeting on the Rome Statute of the International Criminal Court: A Commitment to Democracy and the Rule of Law in the Latin America Region

Parliamentary Seminar and a Technical Workshop in the framework of the Campaign for the Rome Statute of the ICC for the Effectiveness of the Rome Statute of the International Criminal Court

Technical Round-Table on the full implementation of the Rome Statute and the ratification of the Kampala Amendments by Ecuador Quito, Ecuador 12 and 13 February, 2015

Technical Round-Table on the full implementation of the Rome Statute and the ratification of the Kampala Amendments by Ecuador

PGA together with the Government and Parliament of Ecuador, organized, a Technical Round-Table on the full implementation of the Rome Statute and the ratification of the Kampala Amendments by Ecuador.

Technical Round Table on the Implementation of the Rome Statute and the Ratification of Kampala Amendments on 12 February, 2015

Ecuadorian Parliamentarians Commit to Discuss the Implementation of Internal Mechanisms to Cooperate with the ICC and the Ratification of Kampala Amendments

PGA, together with the National Assembly of Ecuador, convened a Technical Round Table on the Implementation 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.

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)