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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.

Portugal and the Rome Statute

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): Yes, ratified on 11 April 2017.
Ratification of the Kampala Amendment to the Rome Statute on the crime of aggression reflected in Article 8 bis (2010): Yes, ratified on 11 April 2017.
Ratification of the Amendment to Article 124 of the Rome Statute (2015): Yes, ratified on 11 April 2017.
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): Yes, ratified on 26 May 2021.
Adoption of implementation legislation of the Rome Statute of the ICC

Portugal has adopted full implementing legislation of all core crimes under art. 5 of the Rome Statute via Law No. 31/2004, adapting Portuguese criminal legislation to the Statute of the International Criminal Court. Law No. 31/2004 only includes the principles on Responsibility of Commanders and other superiors and the Non-Applicability of Statute of Limitations.

Portugal has pre-existing laws on International Judicial Cooperation: Law No. 144/99 of 31 August and Law No. 65/2003 approving the legal regime of the European Arrest Warrant (arts. 2(gg) and 23(4)).
Cooperation Agreements
Ratification of Agreement on Privileges and Immunities of the Court (APIC): Yes, ratified on 3 October 2007.1
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

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1 Portugal made a declaration in this regard.

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:

Permanent Premises of the International Criminal Court. Credit: UN Photo/Rick Bajornas

United in Support of International Justice

As we celebrate International Justice Day on 17 July, PGA wishes to recall the importance of standing united in support of justice, victims’ rights, and the prevention of crimes that threaten peace, security, and well-being of our world.

Portugal becomes the 51st State to ratify the Statute

Portugal Joins The International Criminal Court (ICC): 51st Ratification Paves The Way For Other Lusophone Countries

Portugal becomes the 51st State to ratify the Statute

19-20 February 2001, Lisbon, Portugal – Senate Hall, Assembleia da Republica

Conference on ICC Ratification in Lusophone Countries

The President of the Parliament of Portugal, Dr. Antonio de Almeida Santos, opened the “Conference on ICC Ratification in Lusophone countries” on Monday, 19 February 2001 in the Senate Hall of the Congress in Lisbon.

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)