Loading...








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

Kiribati and the Rome Statute

Government type:

Republic - parliamentary democracy. Kiribati is a member of the Commonwealth of Nations

Objective:

Accession to the Rome Statute

Status

  • Rome Statute: not signed or ratified/acceded

  • Agreement on the Privileges and Immunities of the International Criminal Court (APIC):  not signed or ratified/acceded

  • Amendments to the RS: none

  • Bilateral Non-Surrender Agreement (BNSA) with the United States: signed on 4 March 2004 (entered into force 4 March 2004 as executive agreement).

Background:

Kiribati has not ratified most international humanitarian and human rights law instruments, but is a party to the 1949 Geneva Conventions (but not their Additional Protocols).

During the Universal Periodic Review (UPR) in 2010, Kiribati rejected two recommendations to accede to the Rome Statute (made by Canada and France) and explained that “This is not feasible in light of the existing national capacity and resource constraints.”

Subsequently, in March 2011, during the First PGA Asia-Pacific Conference on the ICC and Rule of Law organized in Kuala Lumpur organized by Parliamentarians for Global Action in cooperation with the Malaysian Parliament, the President of the Parliament of Kiribati stated that the government was still in the process of studying the ICC and assessing its own capacity to be a State party.

That same month, the Speaker of the House of the Assembly of the Parliament of Kiribati, Hon. Taumati Iuta welcomed the progress on the relationship between the ICC and key states not parties to the Rome Statute and announced a full briefing to Parliament and Government to advance the accession process.

A promising meeting with the Attorney General (AG), Titabu Tabane took place in July 2011 at the Commonwealth Law Ministers meeting in Sydney, at which the Revised Commonwealth Model Law to Implement the RS of the ICC was adopted (to the drafting of which PGA had contributed). Hon. Tibatu said that a decision on RS accession needed to be introduced to the Cabinet without being approved by the Parliament. The Cabinet would need to know the advantages, costs, and benefits of accession. During the meeting, the AG stressed that any assistance as regards the substance would be welcome.

At the “Workshop for the Universality of the Rome Statute of the International Criminal Court and the Kampala Amendments on the Crime of Aggression in the Pacific Region,” which took place in New Zealand in March 2014, Kiribati representatives raised questions about the ability of the Rome Statute to address such environmental crimes as global warming and rising sea levels – the main issues Kiribati faces with regards to social justice. The two delegates in attendance reiterated what the President of the Parliament stated in 2011 – that they are still in the stage of studying and learning more about the ICC. They also asked for help and more information on the Rome Statute.

At the 21st session of the UPR (19-30 January 2015), Kiribati rejected five recommendations regarding accession to and implementation of the Rome Statute of the ICC, and accession to the APIC.

Potential Obstacles

There do not appear to be impediments in terms of encouraging Kiribati, as well as other Small Island States (SIDs) in the Asia-Pacific region, to consider Rome Statute ratification. Kiribati’s international legal framework needs to be further expanded. However, although there do not seem to be political obstacles to accession in Kiribati, other domestic exigencies and the lack of technical and financial capacity have been oft-cited as barriers to its development. While legal technical assistance has been provided by PGA in form of a full package for accession, it is likely that more assistance will be required.

PGA Activities

PGA partnered with a major Pacific Islands conference on the ICC held in Auckland, New Zealand, in February 2014; this conference laid the groundwork for the PGA President and Secretary General to make a direct contribution to Kiribati’s accession process through the submission of a Cabinet Memo and other papers necessary for the accession process in March 2014. PGA delivered a complete technical assistance package on accession to the amended RS, along with the commonwealth model on implementation to the government of Kiribati.

The memorandum prepared by PGA included draft Cabinet papers on accession containing basic information on the Rome Statute of the ICC, a detailed overview of the content of the Statute, and Recommendations for Action to proceed with the accession to the Statute by the Government of Kiribati (including a draft Rome Statute accession notification letter).

While the Cabinet has not yet taken action on this Memo, relevant follow-up in conjunction with Civil Society and Governmental partners in the Pacific region is ongoing. PGA has been following up on progress, in cooperation with the involvement of PGA National Group in New Zealand and, the alliances of Green Parties (given that Kiribati’s priority in foreign relations is climate change), the Commonwealth Parliamentary Association, and – albeit with lesser feedback – the Pacific Island Forum Secretariat.

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 ACP-EU Joint Parliamentary Assembly has been, since the establishment of the International Criminal Court, a forum for political support to the recognition of the important development for peace and international justice.

African, Caribbean and Pacific-European Union Joint Parliamentary Assembly

The ACP–EU Joint Parliamentary Assembly was created to bring together the members of the European Parliament and the elected representatives of the ACP countries that have signed the Cotonou Agreement.

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.

Kiribati will become the 123rd State Party to the Rome Statute.

Kiribati Accedes to Rome Statute

Pacific Island State Affirms its Commitment to International Justice and Accedes to the Rome Statute of the International Criminal Court Following Determined Action by Parliamentarians

Pacific Islands States Commit to Advancing International Criminal Justice

Pacific Islands States Commit to Advancing International Criminal Justice

On 31 May 2019, more than 40 members of parliament, government representatives, and senior diplomats convened at a strategic high-level event in Vanuatu, to promote the advancement of international criminal justice in the Pacific Islands region.

Mrs. Barbara Lochbihler

17th Assembly of States Parties of the ICC

From 5 to 12 December 2018, delegations from States Parties, observer States, international and regional organizations, and civil society gathered at the World Forum in The Hague, Netherlands, for the 17th Session of the Assembly of States Parties (ASP).

The purpose of this second Consultation was to review current ratification and implementation processes of the Rome Statute in a number of countries in the region, including in particular, in Malaysia.

Second PGA Asia-Pacific Parliamentary Consultation on the Universality of the Rome Statute of the International Criminal Court

Following on from the First PGA Asian Consultation on the ICC held in the House of Representatives in The Philippines four years ago, the purpose of this second Consultation was to review current ratification and implementation processes of the Rome Statu

At the end of the Workshop, all participating MPs agreed on a Plan of Action, reflecting their fruitful discussions, and as a useful tool for follow-up action.

PGA Workshop on Enhancing Good Governance and the Rule of Law in the Pacific Islands

The Workshop saw the active participation of 18 legislators from the Cook Islands, the Federated States of Micronesia, Kiribati, Niue, Samoa, Tonga, Tuvalu, in addition to MPs from New Zealand and Sweden.

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)