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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.

Tuvalu and the Rome Statute

Government type:

Parliamentary Democracy. Tuvalu is a member of the Commonwealth of Nations.

Objective:

Deposit of the instrument of accession to the Rome Statute at the UN.

Status

  • Rome Statute: not signed or acceded

  • APIC: not signed or acceded

  • Amendments to the RS: none

  • BNSA: Entered into force on 03 February 2003

Background:

In February 2012, the EU signed a grant contract agreement of $2.3M with the Pacific Islands Forum Secretariat to assist small Pacific island countries that have a limited human capacity and financial resources to ratify and report on international norms and standard, including accession to the Rome Statute.

At the 2012, ICC Pacific Outreach Roundtable in Sydney the representative of Tuvalu noted lacunae in the government’s experience in relation to the Rome Statute system, she iterated the government’s viewpoint that becoming a State Party was an objective, and reported that a RS accession bill had been filed for deliberation and approval by the Parliament.

At the 16th session of the Universal Periodic Review (22 April - 3 May 2013), Tuvalu accepted two recommendations: to accede to the Rome Statute (made by Australia and Uruguay) and one recommendation to accede to the Rome Statute and the APIC (Estonia). However, during the presentation by the State under review, the delegation reiterated that “the Government had already endorsed accession to the Rome Statute of the International Criminal Court.”

Tuvalu has completed its domestic process with the Cabinet already having endorsed the accession. The only remaining step is for the government to deposit the instrument at the UN.

Potential Obstacles

  • The BNSA with the US could be an issue, however, this might not be the case given that in practice, all that is outstanding is the deposit of the instrument of accession.

  • It is possibly not high on the country`s agenda

  • Financial reasons

PGA Activities

In July 2011, during the Commonwealth Law Ministers meeting, then Prime Minister Willy Telavi said he would be happy to consider technical assistance from the Commonwealth, and asked the President of the ICC to write to him setting out the key points.

PGA Members in New Zealand have been pushing for Tuvalu's accession to the Rome Statute since years. They hold a number of bilateral meetings with MPs and the AG.

In February 2014, a high official in the government informed PGA that the RS accession bill was sent to Parliament, upon which PGA mobilized its members, but it appears that Parliament failed to take the necessary action for its treatment and adoption.

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:

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)