In a Challenging End of Year for The International Criminal Court, Armenia Joins the ICC Rome Statute
PGA’s Rome Statute Campaign is pleased to announce that on 14 November 2023, Armenia deposited its instrument of ratification of the Rome Statute to the United Nations. This landmark event would not have been possible without the remarkable efforts undertaken by civil society organizations, human rights defenders, and parliamentarians in Armenia and all around the world. Achieving universal ratification of the Rome Statute is our Campaign’s central objective. It is indeed worth noting that the ICC’s jurisdiction remains limited: only through the universal ratification/accession to the Rome Statute and all its amendments by all States can the ICC have the power to investigate, prosecute, and try cases encompassing all international crimes allegedly committed by any person in any place.
This ratification, which will make Armenia the 124th State Party to the ICC on 1 February 2024, underlines the State’s commitment to abiding by a rules-based international order, upholding human rights standards, and pursuing accountability for the most serious crimes of concern to the international community.
PGA and its members reaffirm their commitment to continuing their engagement in the pursuit of accountability. Parliamentarians worldwide are crucial in promoting international justice, accountability, and peace and bringing redressed to victims.
In this 8th edition, you will find:
On 17 July 2023, the PGA commemorated the 25th anniversary of the inception of the International Criminal Court (ICC). The adoption of the Rome Statute in 1998 marked an unprecedented milestone in the pursuit of accountability for the commission of international crimes. Unfortunately, despite significant progress achieved since 1998, including the establishment of a functional institution, 25 years later, atrocities have not ceased: from Colombia, Venezuela, Mexico, and El Salvador through the Democratic Republic of the Congo, Nigeria, Somalia, Sudan, to Afghanistan, Palestine, Yemen, Myanmar, Ukraine, and many others, the world’s need for justice remains more pressing than ever.
On the occasion of the 25th Anniversary of the adoption of the Rome Statute, PGA was invited to participate in and attend three important events commemorating this date. On 6 and 7 October, the conference “Towards one Comprehensive Jurisdictional Regime for all Crimes Within the Jurisdiction of the International Criminal Court,” held in Vienna, Austria, touched upon the multiple legal, technical, and policy questions, possible future amendments to the Statute, and harmonizing the jurisdiction regime of the ICC over all crimes within its jurisdiction – an area of work where PGA has dedicated substantial efforts, especially following our proposal to amend the Kampala Amendments on the Crime of Aggression launched early in 2023.
Organized by the Siracusa International Institute for Criminal Justice and Human Rights and the International Criminal Court, PGA also attended on the 12 and 13 October an event on the “Strategic Vision for the Next Decade: How to Ensure Consistent and Sustainable Support for the International Criminal” held in Syracuse, Italy, where discussions revolved around reinforcing the Rome Statute crimes, the future of the principle of complementarity, strengthening the accountability for atrocity crimes, and enhancing the Court’s institutional framework. Around 80 guests from States Parties, Observer States, academia, NGOs, judges, and international courts participated in this important event.
Finally, on the 13 and 14 November, PGA participated in a high-level seminar in Seoul, Republic of Korea, titled “The International Criminal Court and the Past, present, and Future of the Rome Statute – vision for greater regional solidarity” and organized by the ICC and the Government of the Republic of Korea. The two-day consultations specifically focused on strengthening collaboration between the ICC and regional partners, addressing challenges faced by the Asia-Pacific region, and sharing experiences on regional and international initiatives that promote judicial cooperation. This event was also an essential opportunity for the RS Campaign to share and present its work and encourage participants to engage with PGA to promote ratifications and full implementation of the Rome Statute, particularly in the region, currently the least represented at the Court.
This last semester was also marked by the celebration of the 22nd Assembly of States Parties (ASP) to the International Criminal Court held in New York from 4 to 14 December 2023. The ASP is a yearly event where States Parties, non-member States, civil society organizations, academics, diplomats, government officials, parliamentarians, and other key stakeholders gather to have in-depth discussions on issues related to the overall functioning of the ICC. Within the margins of these negotiations and deliberations, PGA organized two side events in cooperation with other civil society organizations and States Parties, which counted on the participation of PGA members Asambleísta Esther Cuesta Santana (Ecuador), Hon. Marwa Abdibashir Hagi (Somalia), and Ms. Arusyak Julhakyan (Armenia).
The first event, held on 8 December, focused on why universal ratification of the Rome Statute matters and the importance of ratifying all its amendments, as well as the Agreement on Privileges and Immunities of the Court (APIC). The second event, organized on the 12 December, delved into the perspectives on the application of the Rome Statute in the war-driven and environmental crimes committed in Ukraine following Russia’s war of aggression and perspectives to development jurisprudence in relation to the crime of ecocide.
In parallel, the PGA secretariat has maintained its collaborative efforts with officials at the International Criminal Court, focal points for Universality based in The Hague (The Netherlands and the Republic of Korea), Members of Parliament, and civil society organizations to promote the ratification of the Rome Statute. This last semester, engagement mainly focused on the situation in Somalia, where significant progress has been achieved. Thanks to the support of The Netherlands, the Rome Statute has been translated into Somali, and PGA has shared crucial documentation with relevant stakeholders, including a ratification law and model instrument of accession to the amended Rome Statute developed by our organization, to enhance understanding about the ICC and provide assistance in the country’s ratification process. PGA remains committed to continuing its efforts in 2024, with the prospect of strengthening its engagement with parliamentarians in the country, reinforcing support, and raising awareness.
Although Armenia signed the Rome Statute on 1 October 1999, the path towards its ratification has been complex, hindered by domestic legal issues. On 13 August 2004, the Constitutional Court of Armenia issued a ruling stating that the Rome Statute was incompatible with its Constitution based on two main grounds: (1) the ICC was considered as supplementing the national judicial system due to the Rome Statute’s core principle of complementarity, hence requiring an amendment to the Constitution that would address the matter of judicial sovereignty (Articles 91 and 92); and (2) a matter of discretional authority provided to the President to concede pardons or amnesties to convicted persons.
Yet, amendments to Armenia’s Constitution introduced in 2005 and 2015, coupled with strategic advocacy actions encouraging the country to join the ICC, also facilitated by the actions of PGA members, paved the way for ratification.
In 2022, the renewed political engagement of Armenia in the ratification process, amid the difficult context of the conflict in Nagorno-Karabakh, led to the delivery of a new ruling by the Armenia’s Constitutional Court. Issued on 24 March 2023, it confirmed the Constitution’s full alignment with the provisions of the Rome Statute.
In the lead-up to the ratification, PGA reinforced its engagement in collaboration with other civil society organizations. Most notably, during her participation in the Human Rights and Accountability – a path forward for the Nagorno-Karabakh Conference, organized by the Center for Truth and Justice on 3-5 May 2023, in Yerevan, Ms. Frederika Schweighoferova, PGA International Law and Human Rights Program Director, had the opportunity to meet bilaterally with parliamentarians and Government officials, raising awareness and offering technical assistance to facilitate the ratification process.
On 3 October 2023, Armenia<’s National Assembly voted in favor of adopting the draft law On Ratifying the Rome Statute of the International Criminal Court signed on July 17, 1998, and on adopting a statement on retroactively recognizing the jurisdiction of the International Criminal Court in accordance with Article 12, Part 3 of the Statute which was consequently signed into law by the President of Armenia on 13 October 2023. Finally, on 14 November, the Armenian Government deposited its instrument of ratification to the United Nations.
This milestone decision will make Armenia, on 1 February 2024, the 124th Member State to the International Criminal Court. The importance of a country ratifying the Rome Statute lies in its commitment to upholding international justice, accountability, and human rights. By joining the ICC, a country demonstrates its support for the prosecution of individuals responsible for the most serious crimes that shock the conscience of humanity. Furthermore, it strengthens the domestic justice systems and capacity, opening up possibilities of international cooperation and assistance for judicial and legal reform and capacity; boosts the country’s international status and provides a unique opportunity to shape the future of international criminal law while allowing the State to participate in the ICC Assembly of States Parties (ASP) on the governance of the ICC, among others.
The last country to ratify the Rome Statute was Kiribati in November 2019, following determined advocacy from PGA Members and other stakeholders, which culminated at the Pacific Islands Roundtable in Port Vila, Vanuatu May 2019, organized by PGA and the ICC, with the support of the Republic of Korea and the European Commission. Efforts were crucial in encouraging the country’s Cabinet to ratify it. The lack of new ratifications during this period could be attributed to multiple factors, including political considerations, domestic priorities, lack of understanding, or national sovereignty or immunities concerns.