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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.

Nauru and the Rome Statute

Government type:

Parliamentary republic

Objectives:

  • Implementation of the Rome Statute

  • Accession to APIC

  • Ratification of Kampala Amendments

  • Signing of Voluntary agreements on cooperation with the ICC

Status

  • Rome Statute: Ratified on 12 November 2001

  • APIC: not signed or acceded

  • Amendments to the RS: none

  • BNSA: Signed on 26 February 2003. Entered into force on 4 December 2003

  • Voluntary Agreements with the ICC: none

Status of Implementation of the Rome Statute

None.

Background:

As noted above regarding lack of human resources being one the obstacles towards further action, the main barrier was identified the onerous reporting requirement - unsurprising for a country of approximately 10.300 inhabitants . To address these issues, the UN and other IGOs/NGOs have led several capacity building workshops throughout the region (Nauru, Solomon Islands, etc). However, as helpful as these may be, workshops alone cannot compensate for a dearth of human resources to keep up with international commitments.

Potential obstacles towards full implementation of the Rome Statute and ratification of the Kampala Amendments

Rather than a lack of political will, the fundamental impediment towards ratification of the Kampala Amendments or full implementation of the RS appears to be a lack of capacity.

Another political issue that has begun to surface as a potential crime against humanity is the controversy regarding the plight of >refugees and migrant workers in Australian detention centers on Nauru.

In February 2017, the Global Legal Action Network and the Stanford International Human Rights Clinic submitted a 108-page dossier to the ICC calling for an investigation into possible “crimes against humanity committed by individual and corporate actors.”

The primary target of this investigation would more likely fall on Australia; however, given Nauru’s dependence on Australia and the quid pro quo status of the detention center vis-a-vis aid, Nauru is likely to oppose such an action Nauru nationals may fall into the category of complicit or accessory perpetrators. All of these circumstances could jeopardize further action on the RS system, such as ratification of the Kampala Amendments.

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.

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)