Quito/The Hague, 22 May 2023

Parliamentarians for Global Action (PGA) enthusiastically applauds the National Assembly of Ecuador for its momentous decision to adopt the Organic Law on Cooperation between the State of Ecuador and the International Criminal Court (ICC). This significant step underscores Ecuador’s unwavering commitment to international justice and its resolute stance against impunity.

The Bill, a testament to the long collective effort of Parliamentarians for Global Action, legislators from Ecuador, and other key stakeholders, was presented in 2022 by PGA’s Executive Board Member Esther Cuesta Santana and approved in the first debate on 5 December 2023 (available in Spanish).

With unanimous support, on 14 March 2024, the National Assembly approved the Bill in its second debate (available in Spanish), showcasing a robust dedication to international justice. The executive branch then meticulously reviewed the Bill, leading President Daniel Noboa to submit a partial objection on 17 April. After a thorough examination, the National Assembly resolved the partial objection on 8 May (available in Spanish) and submitted it for immediate publication. The Law was officially published on 16 May 2024 (available in Spanish), marking a significant milestone in Ecuador’s journey towards ensuring effective international justice.

• Esther Cuesta Santana, MP
  (Ecuador)

This Law is a significant step forward for Ecuador and for the fight against impunity for the most serious crimes of concern to the international community. By adopting this legislation, Ecuador strengthens its cooperation with the ICC and ensures that perpetrators of genocide, crimes against humanity, war crimes, and the crime of aggression are held accountable and find no safe haven anywhere in the world. PGA Board Member and Convenor of PGA’s Rome Statute Campaign, Esther Cuesta Santana, MP (Ecuador)

The Organic Law establishes a clear framework for cooperation between Ecuador and the ICC in accordance with the provisions of the Rome Statute and its complementary regulations. It includes essential provisions on information sharing and evidence gathering, arrest and surrender of suspects, and the enforcement of ICC sentences. Specific State bodies and clear cooperation and assistance procedures are thus established to facilitate the investigation and prosecution of crimes against humanity, genocide, war crimes, and aggression.

PGA commends the National Assembly of Ecuador for its commitment to upholding the principles of international justice and the Rule of Law. This Law is a powerful example for other countries in the region and worldwide. PGA calls on the Government of Ecuador to swiftly incorporate the provisions of the Organic Law in all domestic legal instruments and provisions as necessary, continue working closely with and support the ICC, and take further steps to ratify all the amendments to the Rome Statute.

Organic Law on Cooperation between the State of Ecuador and the International Criminal Court (ICC) » - 16 May 2024 (available in Spanish)

Ecuador and the Rome Statute

Since ratification, PGA’s priority in Ecuador has been the adoption of complete domestic legislation containing the crimes and core principles included in the Rome Statute as well as provisions to set a national mechanism to fulfill the cooperation obligation with the ICC.

Cooperation

The Rome Statute provides for an obligation to cooperate fully with the ICC (Art. 86), as well as to adopt internal procedures for cooperation (Art. 88). Part 9 of the Rome Statute establishes the obligations for States Parties towards the Court.