New York/ The Hague, 28 February 2018
Today, the Republic of Argentina signed its third and fourth cooperation agreements with the International Criminal Court (ICC), on interim release and the release of persons. Thanks to the negotiation and conclusions of the aforementioned agreements, Argentina became the second country in the world, together with the Kingdom of Belgium, to have signed a cooperation agreement on interim release and the first one ever, to enter an agreement on the release of persons. Argentina is the only State that has concluded all four “voluntary” cooperation-agreements with the ICC. This momentous achievement represents the culmination of concerted and sustained efforts between the Argentina PGA National Group, the Argentinian Ministries of Foreign Affairs, Justice and Human Rights, as well as the International Criminal Court (ICC) and Civil Society Organizations.
Indeed, on 19 July 2016, a PGA delegation led by PGA President Dip. Margarita Stolbizer, met with Dra. María Fernanda Rodríguez, Sub-Secretary of State on Access to Justice, Dr. Martín Casares, Sub-Secretary of State on Criminal Policy and Ambassador Eduardo Curia, Director for International Affairs of the Ministry of Justice and Human Rights of Argentina, to discuss the framework of cooperation agreements with the ICC. The Ministry of Justice and Human Rights emphasized the role that the country has always played in protecting the integrity and effectiveness of the Rome Statute and committed to working toward the signature of cooperation agreements on the protection of witnesses, enforcement of sentences, interim release and the release of persons. After this meeting, PGA members continued advocating for the negotiation and signature of said agreements with the ICC.
On 27 September 2016, the Minister of Justice and Human Rights of Argentina, Minister Germán Garavano, held a meeting with the President of the ICC, Mrs. Silvia Fernández and Dip. Margarita Stolbizer to discuss specific actions to support investigations of international and transnational crimes. The discussions inter alia touched upon the different aspects of negotiating cooperation-agreements with the ICC. During the annual PGA Montevideo Seminar, PGA’s President highlighted that support for the ICC had always been a State-policy of her country, as all Administrations since 1998 supported the Rome Statute system. Dip. Stolbizer seized the opportunity of the public forum to announce the organization of a seminar with federal judges, prosecutors and legislators to raise awareness on the duties that Argentina has as a Party to the Rome Statute.
The first result was achieved on 21 November 2016, when the Ambassador of Argentina to the Kingdom of The Netherlands, H.E. Mr. Horacio Salvador and the ICC Registrar, Mr. Herman von Hebel signed a cooperation agreement on the protection of witnesses. The Agreement was concluded in the presence of the ICC President Judge Silvia Fernández de Gurmendi and Under Secretary for Criminal Policy of the Ministry of Justice of Argentina, Dr. Ricardo Martín Casares as well as Dip. Margarita Stolbizer. This accomplishment was a direct result of the advocacy of PGA members in Argentina, who have worked closely with the Ministry of Justice and the Ministry of Foreign Affairs to foster political will on the topic of cooperation. The signature of the Agreement took place in the framework of a PGA high-level Delegation visit from Argentina and Paraguay to The Hague to participate at the Assembly of State Parties to the ICC. The delegations engaged in bilateral meetings with the elected officials of ICC. Argentina became the 18th State to have entered a cooperation agreement on protection of witnesses, which mainly concern the crucial matter of relocation. Throughout the proceedings at the ICC, witnesses – who often include survivors – play a key role in providing crucial elements of evidence to the Court; A safe environment is thus indispensable to the advancement of international justice.
Under the Rome Statute, cooperation and the conclusion of ad hoc agreements with the ICC involve technical and elaborate procedures. States must have defined procedural legal frameworks to fully, and effectively cooperate with the ICC, as the institution does not have a police force to execute its decisions and thus cannot fulfil its mandate without State cooperation. It is important that legal practitioners in a given country be aware of available domestic and international legal procedures pertaining to the investigation and prosecution of international crimes and their corollaries. On 15 December 2016, PGA in collaboration with the Chamber of Deputies and Ministry of Justice and Human Rights of Argentina, organized a Conference on the justice system created by the Rome Statute of the International Criminal Court (ICC). The Conference counted on high-level participants from all three branches of power as well as ICC officials, and aimed at providing a platform for Argentinian executive, legislative and judiciary branches to exchange and deepen their knowledge about the ICC system and its role in fighting impunity for the most serious crimes of international concern.
On 20 April 2017, PGA’s Argentina national group co-sponsored another Seminar on the fight against impunity for complex crimes, which took place at the Ministry of Foreign Affairs. During this event, officials not only announced Argentina's deposit of the instrument of ratification of the Kampala Amendments to the Rome Statute, but also the conclusion of a cooperation agreement on enforcement of sentences. The Seminar was declared of national interest by the Supreme Court of Argentina, and was opened by the President of the Supreme Court. The signature of an enforcement of sentences’ agreement between Argentina and the ICC on 18 April 2017 was yet another illustration of the country’s commitment to the effectiveness of the Rome Statute system.
After the 2017 Montevideo Seminar, on 2 November 2017, PGA held consultations with its National Group in Buenos Aires. Several prominent PGA members including Diputada Carla Pitiot, Diputado Luis Petri, Diputada Lucila Duré, Diputado Horacio Alonso, Diputado Guillermo Snopek, participated in the meeting. In the afternoon, a PGA delegation led by former PGA president Margarita Stolbizer, met with the Minister of Justice and Human Rights of Argentina, Minister Germán Garavano, to promote the negotiation and signature of the remaining agreements on release and interim release of suspects, the features of which were highlighted by PGA’s Secretary-General Dr. David Donat Cattin. Minister Garavano emphasized his leadership role on strengthening the role of Argentina in the international justice system, including his personal commitment to the success of the Argentinean Presidency of the Financial Action Task Force (FATF-GAFI).
The newly elected Board Member of PGA Diputada Carla Pitiot (Argentina) welcomed today’s development with the following statement:
Accountability for international crimes has made a lot of progress since the creation of the ICC, 20 years ago. Thousands of victims of atrocious crimes participated in the ICC proceedings; 123 States ratified the Rome Statute and expressed their commitment to eliminate all pockets of impunity for the atrocity-crimes committed in their territories or by their nationals. We can no longer tolerate impunity for genocide, crimes against humanity, was crimes and the crime of aggression. Regretfully, many States are still outside the ICC system: Their inertia is an affront to universally accepted human rights, the Rule of Law, democracy, peace and justice.
On behalf of the 1350 Members of PGA in 142 countries, I welcome the conclusion by Argentina of the cooperation-agreements with the ICC on interim release and the release of persons, both essential to respect the rights of the accused and of the convicted persons. Having fully implemented the Rome Statute and signed all four cooperation agreements with the ICC, Argentina is playing an exemplary role not only for the Latin American region, but for the world community. Dip. Carla Pitiot stated on behalf of the global membership of Parliamentarians for Global Action.