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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.

Sudan and the Rome Statute

Sudan signed the Rome Statute in 2000 but has not yet ratified it. As such, Sudan is not a State Party to the International Criminal Court (ICC). Despite the absence of the ratification, the ICC has jurisdiction over the situation in Darfur/Sudan because of the UN Security Council referral on 31 March 2005, in accordance with Article 13(b) of the Rome Statute. The Office of the Prosecutor opened its investigation in June 2005 for alleged genocide, war crimes and crimes against humanity committed in Darfur, Sudan since 1 July 2002 (when the Rome Statute entered into force).

There is currently one case before the ICC, that of Mr. Ali Abd-Al Rahman ("Ali Kushayb"), accused of war crimes and crimes against humanity and committed into trial on 9 June 2021. Five other suspects are at large (Mr. Ahmad Haru, Mr. Omar al-Bashir, Mr. Abdallah Banda, Mr. Abu Garda and Mr. Abdel Raheem Muhammad Hussein). For more information on the cases related to the Darfur (Sudan) situation, see here.

PGA members have been relentlessly calling for the surrender of former President al-Bashir to the ICC in The Hague (see here and here) and used events to offer a platform to victims of the atrocities committed in Darfur. PGA also welcomed the arrest of Mr. al-Bashir in Sudan after he was ousted in a military coup d'état in April 2019 and continues to support the country’s advancement towards the Rome Statute ratification.

Signature, Ratification of/Accession to the Rome Statute of the ICC
Signature Date: 08 September 2000
Ratification Date: Not Ratified
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): No
Ratification of the Kampala Amendment to the Rome Statute on the crime of aggression reflected in Article 8 bis (2010): No
Ratification of the Amendment to Article 124 of the Rome Statute (2015): No
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): No
Adoption of implementation legislation of the Rome Statute of the ICC
While Sudan has fully implemented the crime of genocide in The Armed Forces Act of 2007, the provisions related to war crimes and crimes against humanity are too restrictive and do not include all crimes prohibited under the Rome Statute. Except for the non-applicability of statute of limitation for core crimes, Sudan has not implemented the general principles of the Rome Statute.

On 12 August 2021, the transitional government signed a Memorandum of Understanding (MoU) with the Office of the Prosecutor (OTP) to enhance cooperation on the investigation of crimes committed in the region of Darfur or by its nationals from 1 July 2002 onwards. It should also be noted that a similar MoU to enhance cooperation between the OTP and the Sudanese transitional government for the trial of Mr. Abd-Al-Rahman was also previously signed in February 2021.

Cooperation Agreements
Ratification of Agreement on Privileges and Immunities of the Court (APIC): No.
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.
Key Documents
Media Coverage
Background

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 Assembly of States Parties elected Mr. Karim Khan (United Kingdom of Great Britain and Northern Ireland) as its next Prosecutor. UN Photo/Evan Schneider

A non-exhaustive summary of key ICC judicial developments in the first half of 2022.

The Assembly of States Parties elected Mr. Karim Khan (United Kingdom of Great Britain and Northern Ireland) as its next Prosecutor. UN Photo/Evan Schneider

A non-exhaustive summary of key ICC judicial developments in the second half of 2021.

PGA has repeatedly called for the immediate arrest and surrender of Mr. al-Bashir and his collaborators to the ICC, which has jurisdiction pursuant to United Nations Security Council Resolution 1593 (2005).

PGA joins 66 Civil Society Orgnaization in calling on Sudanese authories to show their commitment to breaking with a decades-long legacy of impunity

Prime Minister of Sudan, Abdalla Hamdok. Photo: Ola A Alsheikh

PGA welcomes the landmark decision taken unanimously by Sudan’s Cabinet to ratify the Rome Statute of the International Criminal Court (ICC), of which Sudan has been a signatory since 2000.

The Assembly of States Parties elected Mr. Karim Khan (United Kingdom of Great Britain and Northern Ireland) as its next Prosecutor. UN Photo/Evan Schneider

A non-exhaustive summary of key ICC judicial developments in the first half of 2021.

Ali Kushayb is a former commander of the Janjaweed, the government-backed militias who earned notoriety for their brutal attacks in Darfur. Photo: VOA

Ali Kushayb is accused of war crimes and crimes against humanity allegedly committed in Darfur (Sudan) between 2002 and 2004.

President al-Bashir’s transfer would be a signal of the Sudanese transitional authorities’ commitment to peace and justice under the rule of law and a significant step forward in the fight against impunity.

Parliamentarians for Global Action (PGA) welcomes the reported announcement on 11 February 2020 by representatives of the transitional authorities of Sudan that former President Omar al-Bashir will be transferred to the International Criminal Court (ICC).

PGA has repeatedly called for the immediate arrest and surrender of Mr. al-Bashir and his collaborators to the ICC, which has jurisdiction pursuant to United Nations Security Council Resolution 1593 (2005).

PGA welcomes reports of the arrest of senior members of the regime of former Sudanese president Omar al-Bashir, who stands accused of the international crimes of genocide, crimes against humanity, and war crimes against the civilian population of Darfur.

PGA reiterates its call for Sudanese authorities to surrender former President al-Bashir to the ICC and reaffirms its recommendations for a peaceful transition

PGA reiterates its call for Sudanese authorities to surrender former President al-Bashir to the ICC and reaffirms its recommendations for a peaceful transition

PGA has closely observed the situation in Sudan since the UN Commission of Enquiry on Darfur issued a report recommending that the UN Security Council refer the situation in Sudan/Darfur to the jurisdiction of the ICC.

At this crucial juncture for the future of Sudan, PGA calls upon all relevant parties engaged in the reconstruction of democracy and the Rule of Law to undertake the following changes...

PGA calls for the Arrest and Surrender to the ICC of Mr. Omar al-Bashir

Media sources are reporting that today, 12 May 2016, Uganda is receiving in Kampala a fugitive of international justice, Mr. Omar Al-Bashir, the President of Sudan.

PGA Member, Hon. James Selfe, MP (South Africa)

Hon. James Selfe recently joined PGA amidst the unfolding events around the neglect of the ICC arrest warrants, as well as the national Gauteng High Court orders, for the arrest of Omar Al-Bashir. During the debates in the South African people’s assembly

Omar Hassan Al-Bashir  addresses the general debate of the sixty-first session of the General Assembly, at UN Headquarters in New York in 2006. UN Photo/Marco Castro.

PGA members condemn the visit of President Al Bashir to the Democratic Republic of the Congo and call the Congolese authorities to fulfil their obligations to cooperate with the International Criminal Court under the Rome Statute of the ICC

Hosting Mr. Bashir of Sudan in Chad runs contrary to Chad’s legal obligation as a State Party to the ICC to execute the pending arrest warrant issued by the ICC against the President of Sudan. Photo: Stephan Röhl.

Leading MPs call upon Chad to arrest and surrender Al Bashir to the ICC.

February 25 - 26, 2010 | National Assembly of the Union of Comoros, Moroni

The discussions provided for an update of the status of national implementing legislation of the Rome Statute in the represented countries, and also a forum to discuss the principles that characterize the jurisdiction of the ICC.

A spirited debate re-launched the political commitment in support of the universality and effectiveness of the new system of international criminal justice within the North-South cooperation framework of the ACP-EU.

A spirited debate re-launched the political commitment in support of the universality and effectiveness of the new system of international criminal justice within the North-South cooperation framework of the ACP-EU.

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)