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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.

Samoa and the Rome Statute

Government type:

Parliamentary republic

Objectives:

  • Implementation of Kampala Amendments into domestic legal framework

  • Signing voluntary agreements on cooperation with the ICC

Status

  • Rome Statute: Ratified on 16 September 2002

  • APIC: Acceded on 08 April 2016

  • Amendments to the RS: Ratified both Kampala Amendments on 25 September 2012

  • BNSA: Publicly rejected BNSA Agreement with the USA.

  • Voluntary Agreements with the ICC: None

Status of Implementation of the Rome Statute

  • Complementarity - Enacted (International Criminal Court Act No. 26 of 2007 and ICC Amendments Act of 2014)

    • Implements crimes (referring to the Rome Statute for the definition of the crimes) and principles, including the irrelevance of official capacity and rejection of the superior orders defense and lays out penalties for crimes against the administration of justice. Attorney General's consent is required for prosecutions of the core Rome Statute crimes.

    • The ICC Act does not include all forms of individual criminal responsibility for crimes, covering only individual direct commission of the crimes. The cooperation regime is extensively developed, often referring to the ICC Rules of Procedure and Evidence as support, although every request requires approval by the Minister of Justice. The ICC Act contains detailed provisions to cover the eventuality of the ICC sitting in Samoa and provisions regulating the repatriation of ICC prisoners who have served their sentence in Samoa.

  • Cooperation - Enacted (International Criminal Court Act No. 26 of 2007)

    • Central authority: Minister of Justice

Background:

Samoa became one of the first States Parties to the Rome Statute, ratifying in September 2002 and took a leading role in the negotiations in Rome and the subsequent negotiations leading to the adoption of the Kampala Amendments. Samoan national Tuiloma Neroni Slade was a judge at the ICC from 2003 to 2006. Samoa has also been an active participant in the work of the Assembly of States Parties, serving on the Bureau continuously since 2005.

On 17 and 18 March 2008, PGA organised a Regional Workshop in Apia, Samoa, on "Enhancing Good Governance and the Rule of Law in the Pacific Islands- The Role of Parliamentarians". The event was attended by 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 as well as other international personalities. Different participants offered their views on the ICC and the assistance needed to enable ratification/implementation generally of the Rome Statute in the countries of the region.

The government representative who attended the February 2012 ICC Pacific Outreach Roundtable in Sydney, Australia stated that implementing the Kampala amendments into domestic legislation was one of Samoa’s priorities.

Samoa is the only Pacific Island Country to have both ratified the Rome Statute and fully adopted implementing legislation. During the 2012 Roundtable in Sydney, the representative of Samoa indicated that his country is able to assist Pacific colleagues with implementing legislation if assistance is needed. It was noted that Samoa has one of the largest drafting teams in the region (a team of 14).

ASP

During the 16th ASP in December 2017, Samoa delivered a powerful statement, encouraging other States to join the ICC:

“firstly, by ratifying the Rome Statute, Samoa has not signed away its sovereignty. It can still investigate and prosecute any international crime committed in Samoa unless the gravity of the crime is such that Samoa chooses to refer it to the ICC; and secondly, being a Member of the ICC guarantees that Samoa will not be a safe haven for international criminals. Being a Small Island developing nation did not preclude Samoa from contributing positively to resolving issues of global concern such as the fight against impunity and the protection of human rights.”

Bilateral relations with the US:

According to the information available in 2006, the Foreign Minister of Samoa, Mr. Tuilaepa Lupesoliai Neioti Aiono Sailele Malielegaoi (who is also the Prime Minister of Samoa and has been at the Office been since 1998) reportedly announced that Samoa would not sign a BNSA with the US. On 1 July 2003, Samoa was declared by the US State Dept. ineligible to receive military assistance.

Press Coverage

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.

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.

Ms. Petra Bayr, MP (Austria). Photo: SPÖ Presse und Kommunikation

Austrian PGA Member Questions Government regarding the ratification of the Kampala Amendments

Member of Parliament Ms. Petra Bayr and Colleagues to the Federal Minister for European and International Affairs concerning the introduction of the Crime of Aggression, the fifth criminal offense before the International Criminal Court.

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)