Pacific Island State Affirms its Commitment to International Justice and Accedes to the Rome Statute of the International Criminal Court Following Determined Action by Parliamentarians
New York/Tarawa 26 November 2019: The Pacific Island nation of Kiribati will become the 123rd State Party to the Rome Statute of the International Criminal Court (ICC) – the only treaty that establishes a permanent juridical system on genocide, crimes against humanity, war crimes and the crime of aggression.
Out of 18 Pacific Islands Forum states, Kiribati is the ninth to join the ICC and only the twentieth of 55 States in the Asia-Pacific region to accede to the Rome Statute. By acceding to the treaty, Kiribati has firmly and globally affirmed its commitment to achieving a world without impunity, accountability for the gravest crimes, and shared global framework for international justice.
Members of Parliamentarians for Global Action (PGA) have been instrumental to this development.
Accession to the Rome Statute
On 26 November 2019, the Permanent Representative of Kiribati to the United Nations, H.E. Mr. Teburoro Tito, former President of Kiribati, deposited the instrument of accession to the Rome Statute of the International Criminal Court at the United Nations Treaty Room. Hon. Natan Teewe Brechtefeld, MP, former Minister of Justice, and PGA member, noted the significance of this step for his country:
The accession is a clear signal of solidarity in addressing the most serious international crimes and Kiribati’s unwavering support towards international criminal justice and respecting and protecting human rights. These values are represented by the ICC as the only independent and impartial permanent international judicial institution, with an indispensable role in the fight against impunity for international crimes. Hon. Natan Teewe Brechtefeld, MP
The Road to Accession
This milestone is critical and is the consequence of determined advocacy by Parliamentarians. Cabinet’s approval of the accession followed a strategic high-level regional Roundtable to advance the universality and implementation of the Rome Statute in Port Vila, Vanuatu, on 31 May 2019 organised by PGA with the essential support of the European Union, the ICC, and the Republic of Korea, during which Hon. Natan Teewe Brechtefeld, MP (Kiribati, former Minister of Justice), played an instrumental role.
The roundtable built upon interaction dating from technical assistance on accession and domestic implementation of the Rome Statute in 2014 and from advocacy efforts in the margins of the ACP-EU Joint Parliamentary Assembly’s session in 2018.
International Significance
Kiribati’s accession has significance far beyond its shores, as PGA President, Ms. Margareta Cederfelt, MP (Sweden), explains:
Kiribati is one of the world’s most vulnerable countries to the effects of climate change and sea level rise. For this reason, Kiribati plays an important role as global actor to address major challenges stemming from the environmental and climate crisis. By acceding to the Rome Statute, Kiribati has acquired an important status in the global fight against impunity, closely intertwined with the environmental crisis through criminalization of the commission of certain environmental crimes in the Rome Statute. Other countries should, therefore, redouble efforts to stop any conduct that would be harmful to climate change, which could potentially lead to individual criminal responsibility. Margareta Cederfelt, MP (Sweden)
Background information
February 2014: PGA intensified its work towards the accession of Kiribati to the Rome Statute when it partnered with a major Pacific Islands conference on the ICC held in Auckland, New Zealand, co-organized by the Governments of New Zealand and Liechtenstein. This conference laid the groundwork for the PGA President and Secretary General to make a direct contribution to Kiribati’s accession process as it facilitated cooperation and dialogue with Kiribati’s Lawmakers and PGA.
March 2014: PGA delivered to the Government of Kiribati a complete package for technical assistance on accession to the amended Rome Statute, along with the revised Commonwealth Model Law to Implement the Rome Statute in the domestic legal framework. The memorandum prepared by PGA included: draft Cabinet papers on accession containing basic information on the Rome Statute of the ICC; a detailed overview of the content of the Statute; and Recommendations for Action to proceed with the accession to the Statute by the Government of Kiribati (including a draft Rome Statute accession notification letter).
May 2019: A delegation of Government representatives of Kiribati, including the then Minister of Justice, Hon. Natan Teewe Brechtefeld, attended the Pacific Islands Roundtable on the ratification and implementation of the Rome Statute of the International Criminal Court, hosted by the Government of Vanuatu and organised by PGA with the support of the Republic of Korea and the ICC. During bilateral meetings following the Roundtable, Hon. Natan Teewe confirmed Kiribati’s interest in acceding to the Rome Statute. Two weeks after the Roundtable, the Cabinet of Kiribati approved the decision to accede to the Rome Statute.
June-October 2019: PGA provided technical assistance on accession to Kiribati’s Lawmakers.
October 2019: Hon. Teewe MP reiterated the country’s commitment to acceding to the Rome Statute during the Pacific Regional Parliamentary Youth Dialogue, co-organized by PGA in Samoa. On 22 October 2019, PGA Secretary General, Dr. David Donat Cattin, had a strategic meeting with H.E. Teburoro Tito, Permanent Representative of Kiribati to the United Nations in New York and a former President of Kiribati. During the meeting, H.E. Tito expressed full support for advancing the process of accession. This meeting represented a crucial final step of timely significance and paved the way towards materializing the deposit of instrument.
