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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.

Malawi and the Rome Statute

Malawi is a state party to the Rome Statute. PGA has worked with Parliamentarians from Malawi to promote the fight against impunity for the most serious crimes, and is currently promoting the domestic implementation of the Rome Statute and the ratification of the Kampala Amendments of 2010.

Rome Statute

Malawi signed the Rome Statute of the International Criminal Court (ICC) on 3 March 1999, and ratified the Statute on 19 September 2002 – making them the 81st State Party.

Kampala Amendments of 2010

Though a delegation representing Malawi attended the 2010 Review Conference and joined the consensus to adopt the Kampala Amendments, Malawi has yet to ratify the Amendments.

Domestic Implementation of the Rome Statute

Malawi has not yet fully implemented the Rome Statute in its domestic legislation. However, Malawi has illustrated its support for the integrity of the ICC. In 2012, President Joyce Banda did not welcome Sudanese President Omar Al-Bashir to Malawi for the African Union Summit. Her actions both isolated Al-Bashir and showed support for the Rome Statute’s integrity.

In light of this situation, parliamentarians from Malawi requested technical assistance from PGA in the adoption of a comprehensive bill on the ICC. On 12 April 2012, PGA delivered a draft bill based on the 2011 Commonwealth Model Law agreed upon by all Commonwealth Ministers of Law – including Malawi. Despite many expressions of interest and enthusiasm about bringing forth the bill to Parliament, the status of the “International Criminal Court Act 2012” could not be explained in detail by Mr. Patrick Kabambe, Principal Secretary at the Ministry of Foreign Affairs. Mr. Kabambe, however, did confirm both that the draft legislation went to the November/December 2012 Parliamentary session, and that Malawi was extremely willing to implement the Rome Statute.

In 2015, Zimbabwe President Robert Mugabe appealed to all African nations to withdraw from the ICC during the 24th African Union Assembly. Malawi’s Minister of Justice and Constitutional Affairs, Samuel Tembenu, responded by explicitly reiterating Malawi’s commitment to the ICC and the Rome Statute.

Agreement on Privileges and Immunities of the Court (APIC)

Malawi acceded to the Agreement on Privileges and Immunities of the Court (APIC) on 7 October 2009, but has yet to ratify it.

Additional Agreements

Malawi signed a Bilateral Immunity Agreement (BIA) by the United States regarding the surrender of persons to the International Criminal Court on 20 September 2003. This executive agreement entered into force on the same date.

Malawi is a member of the African, Caribbean and Pacific Community (ACP). As a signatory of the revised Cotonou Agreement of the ACP and European Union (EU), Malawi has recognized the importance of the ICC as a mechanism for peace and international justice. By way of their signatory status, Malawi has committed to promote the ratification and implementation of the Rome Statute, to seek to take steps towards the ratification and implementation of the Rome Statute, and to combat international crime giving due regard to the Rome Statute. PGA has also worked within the ACP-EU mechanism.

Progress and PGActions

  • April 2012: In light of the participation of Sudanese President Omar Al-Bashir to the African Union Summit hosted by Malawi, Ms. Barbara Lochbihler, MEP, Chair of Subcommittee on Human Rights, and PGA member, sent a letter to President Joyce Banda of Malawi reminding her of Malawi’s obligations under the Rome Statute.

     

  • June 2012: PGA provided technical assistance on implementing legislation to parliamentarians, as per PGA’s report to COJUR.

  • August 2013: PGA put forth a suggestion to the EU demarches of the second semester 2013 to make Malawi a target country for Rome Statute implementation.

Progress and PGActions

Malawi was reviewed under the Universal Periodic Review in 2010. The second cycle national Report, produced 4-15 May 2015, was prepared by a National Task Force. The third cycle national Report will be tentatively produced in February 2020.

Though the second cycle Report does note many instances of implementation of domestic legislation in line with international commitments – for example, the Gender Equality Act with the Convention on the Elimination of all forms of Discrimination Against Women; it does not make note of the domestic implementation of the Rome Statute.

Key documents
Parliamentary Involvement in PGA

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:

Parliamentarians and experts met in Banjul to explore mechanisms designed to provide accountability for serious human rights violations and international crimes.

African Parliamentarians gather in Banjul to discuss accountability mechanisms for serious human rights violations and international crimes

On 3 and 4 July 2019, the National Assembly of the Gambia hosted over 40 participants, representing more than 15 African States, to participate in the Working Group on the Fight against Impunity in Africa.

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.

Malawi ratified the Rome Statute and became a State Party in 2002, but is still lacking the legislation on these most serious crimes of concern for the international community as a whole.

PGA Members from Malawi call on their Government to implement the Rome Statute of the ICC in domestic law

Members of Parliamentarians for Global Action (PGA), Members of the Parliament (MPs) of the Republic of Malawi, are calling on their Government to take all the necessary steps to comply with its obligations under International Law and implement the Rome S

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)