The continuation of the aggressive war launched by the Russian Federation on 24 February 2022 on Ukrainian territory and the countless atrocities reported daily have only reaffirmed PGA’s determination to deliver accountability in the country. In line with the efforts made by the organization in previous months, PGA cooperated closely with its Ukrainian members to advocate for the country’s ratification of the Rome Statute and draft relevant laws to implement this fundamental treaty domestically.

In this context, ahead of the ministerial Ukraine Accountability Conference organized by the Netherlands, the Office of the ICC Prosecutor, and the European Commission, PGA joined an NGO workshop held on 13 July 2022, which gathered civil society organizations from Ukraine and other ICC country situations. This meeting, aimed at assessing opportunities and existing challenges in advancing accountability in Ukraine, led to the drafting of a series of recommendations delivered in a public statement by representatives of the Ukraine 5 AM Coalition and the ‘Tribunal for Putin Initiative’ (supported by PGA), at the 14 July ministerial conference.

The crime of aggression: between UN broad definition and advantages of amending the Rome Statute - David Donat-Cattin, 19 July

During the Ukrainian Week of International Criminal Justice, organized by PGA’s long-term partner, the Center for Civil Liberties (CCL), Dr. David Donat Cattin intervened in an online event on 19 July 2022, entitled “The Crime of aggression: between UN broad definition and advantages of amending the Rome Statute,” where he shared reflections on the currently available avenues for prosecuting the crime of aggression. Furthermore, addressing the “Cooperation with the ICC: Purpose, modalities, and why an effective domestic legislation is a key to its success” on 22 July 2022, Ms. Frederika Schweighoferova, Director of PGA’s Rome Statute Campaign, provided a legal analysis of the recently adopted legislation on cooperation between the ICC and Ukraine, assessed its strong features, and suggested provisions to be further included in line with PGA’s model draft law on cooperation.

In recognition of her relentless efforts, on 4 June 2022, PGA’s Executive Committee decided to attribute the Defender of Democracy Award 2022 to Ms. Oleksandra Matviichuk, CCL’s President, which was subsequently delivered to her during PGA’s 43^rd Annual Forum and 12^th Consultative Assembly of Parliamentarians on the International Criminal Court and the Rule of Law (CAP-ICC), on 4 November 2022, along with two other human rights defenders. PGA was delighted to learn that the Center for Civil Liberties’ important work received the highest acknowledgment by the Nobel Peace Prize committee, whichdecided to award the CCL the Nobel Peace Prize on 7 October 2022. Thanks to the partnership with CCL, PGA provided briefings on the imperative to fight impunity for international crimes to all the main political parties standing for the 2019 elections, including the new Servant of the Peoples Party, which committed to join the ICC.

In tandem, PGA continued to raise awareness on the crime of aggression and on the necessity to amend the Rome Statute to partially align the jurisdictional regime of the crime of aggression to the one that already exists for the three other core crimes. On the occasion of the International Day of Peace, celebrated on 21 September 2022, PGA organized an event in partnership with the International Center for Multi-Generational Legacies of Trauma (ICMGLT), which shed light on affirming the rights of victims of the crime of aggression. The discussions emphasized the immense suffering and harm that the crime of aggression while setting up pre-conditions for the perpetration of other atrocities, causes to civilians of the unlawfully attacked territories, members of the armed forces of the victim-State(s), ordinary soldiers, and other subordinates of the aggressor-State who are sent to the battlefield in the name of an aggressive warplan. On 22 November 2022, PGA also relayed a statement by former MPs from New Zealand, Mr. Chris Finlayson, Mr. Kennedy Graham, and Mr. Ross Robertson, calling for their country to make aggression a leadership crime and for their government to introduce legislation allowing the ratification of Kampala amendments on the crime of aggression.

The semester ended with PGA’s participation in the 21^st session of the Assembly of States Parties to the Rome Statute, which took place in The Hague on 5-9 December 2022. On this occasion, PGA organized two side events on 8 December, which provided concrete reflections on serious issues faced by the Rome Statute system. Both events served as a platform for PGA members, Senator Boris Dittrich (The Netherlands) and Dr. Galyna Mykhailiuk, MP (Ukraine), to share their experiences and concrete inputs on achieving accountability domestically and abroad.

The first side event, co-hosted by Belgium, Liechtenstein, the Netherlands, the Republic of Korea, and Switzerland, and co-organized in partnership with Global Rights Compliance, focused on the “Universality of the Rome Statute and its amendments” and aimed at reflecting on challenges preventing States to effectively join the Rome Statute system, including all of its amendments, and thus limiting the efficiency of the Court. The second side event organized by PGA, “Challenges for the Rome Statute system and the fight against impunity,” provided reflections on two serious issues identified by PGA as affecting the work of the ICC and undermining the global movement in the fight against impunity. The discussion focused on amending the amendments on the crime of aggression, addressing the rights of its victims, and reforming national nomination procedures for ICC judicial candidates.

Finally, on 9 December, and just before the closure of the session of the ASP, PGA’s Secretary-General, Dr. David Donat Cattin, had the honor to deliver a statement on behalf of the Coalition for the International Criminal Court (CICC), which underscored the importance of the role played by human rights defenders in the Rome Statute system despite the continuous threats they face because of their work to advance justice. The joint call also urged States to provide sufficient and sustained resources to support the work of the Court and emphasized the importance of setting a vetting mechanism for all ICC and ASP elections.

Organized every two years, the CAP-ICC is the only high-level global gathering of political leaders focused solely on international justice and the Rule of Law.

Hosted and co-organized by the Chamber of Deputies of Argentina, the goal of this 12^th CAP-ICC, coinciding with PGA 43^rd Annual Forum, was to contribute to reversing the global trends that attempt to erode international law, human rights, and democracy and to reaffirm the central role of individual criminal responsibility in international relations and domestic affairs. More than 100 members of parliaments from over 45 countries worldwide actively participated- in person or virtually- in these critical discussions, which touched upon a wide range of topics, including:

1. opportunities and challenges for international criminal justice
2. the universality of the Rome Statute
3. reforming national laws to ensure compliance with the Rome Statute
4. effective cooperation of States and challenges for international Rule of Law;
5. the role of legislators in atrocity prevention;
6. the role of international law in achieving sustainable, peaceful, and inclusive societies; and
7. the situation in Ukraine.

In their speeches, the ICC President, judge Piotr Hofmański, and the President of the Assembly of States Parties to the Rome Statute, Ms. Silvia Fernández de Gurmendi, made a strong call for universal ratification of the Rome Statute and all of its amendments and its effective domestic implementation and stressed the need for parliamentarians worldwide to promote and support the work of the Court. Active cooperation is the only way for the ICC to live up to the increasing challenges it faces. The keynote remarks, given through a video-recorded message by the ICC Prosecutor, Karim A.A. Khan KC, enlightened participants about the functioning of his Office, its most important achievements, and the challenges ahead. To allow a concrete dialogue between legislators and the Office of the Prosecutor, the PGA Secretariat later organized a virtual session on 18 November, during which parliamentarians asked questions relevant to the work of its Office and raised issues they deemed necessary to explore further.

The success of this 12^th CAP-ICC relied on the renewed commitment of PGA members towards accountability. In particular, PGA board member Hon. Angela Brown Burke, MP (Jamaica), and PGA International Council member, Hon. João Vieira, MP (Guinea Bissau), undertook public commitments to bring changes to their domestic legal orders to ensure ratification. Additionally, PGA’s International Council Chairperson, Hon. Naveed Qamar, MP (Pakistan), pledged to commence a national debate on joining the Rome Statute system. In a bilateral meeting, Hon. Samuelo Penitala Teo, the Speaker of the Parliament of Tuvalu, also highlighted his institutional commitment to an immediate accession to the Statute, which the Executive has already approved.

The 12^th CAP-ICC concluded with the adoption of the Buenos Aires Plan of Action on the Universality, Effectiveness, and political support for the Rome Statute system against impunity. The Action Plan contains 10 concrete action points for legislators related to (i) the impact of the Rome Statute system on global affairs, domestic jurisdictions, atrocity prevention, and the imperative to achieve peace with justice; and (ii) the challenges for international criminal justice.

As at every CAP-ICC, PGA organized the Defender of Democracy Award ceremony, through which it recognized the work of three prominent human rights defenders: Dr. Luis Fondebrider, Founder of the Equipo Argentino de Antropología Forense (Argentina); Ms. Oleksandra Matviichuk, Chairperson of the Center for Civil Liberties (Ukraine); and Mr. Vladimir Kara-Murza, Russian opposition leader, journalist, filmmaker and human rights and democracy activist (Mr. Kara-Murza is currently in detention in the Russian Federation as a prisoner of conscience. The award was accepted on his behalf by his wife, Ms. Evgenia Kara-Murza).