The Hague/Mogadishu

From 28 to 30 May 2024, Parliamentarians for Global Action (PGA) organized an important visit of Somali Members of Parliament to The Hague, Netherlands, to deepen their understanding of the International Criminal Court (ICC), particularly in light of Somalia’s parliamentary efforts to ratify the Rome Statute.

The delegation, comprising PGA Members Hon. Omar Sharif Mohamed, Hon. Ali Dahir Saleban, and Hon. Mohamed Ali Hassan – all members of the Committee of Justice and Defense from the Federal Parliament of Somalia – and accompanied by Mr. Mahad Haji, Secretary General of the Horn and East Africa Parliamentary Institute, had the opportunity to engage in direct and crucial exchanges on accountability and justice with ICC President, Judge Tomoko Akane, Second Vice President, Judge Reine Alapini-Gansou, ICC Registrar, Mr. Osvaldo Zavala Giler, and the Senior Advisor to the Prosecutor, Mr. Mamadou Racine.

The discussions with ICC principals notably focused on the Court’s overall mandate, its impact on deterring future atrocities, and the benefits Somalia would gain if it became a State Party to the Rome Statute. Yet, the path to accession is not without hurdles. While recognizing the difficulties and challenges attached to the country’s accession process, including governance issues, fragmented judiciary, security threats due to long-term conflict with Al-Shabab, as well as the ongoing democratic transition, the Court’s high-level officials offered the MPs institutional support and collaboration to achieve this common and vital objective for the future of Somalia and the international justice system as a whole.

The delegation also had the opportunity to meet with H.E Henk Cor van der Kwast, Permanent Representative of The Netherlands to the Organization for the Prohibition of Chemical Weapons (OPCW) and the International Criminal Court (ICC), as well as representatives from the Dutch Ministry of Justice and the Ministry of Foreign Affairs. During the discussions, the delegation underscored the urgent need for the international community’s commitment to supporting Somalia in pursuing justice, education, human rights, and stability. The Ambassador recalled that The Netherlands, as Somalia’s second major donor within the European Union, supported these efforts and requested PGA to assist in preparing a conference to promote Somalia's accession to the Statute. 

Equipping Somalia for a Chemical-Free Future

The delegation’s engagement with the Organization for the Prohibition of Chemical Weapons (OPCW) proved particularly relevant, as discussions also centered on the future implementation of the Chemical Weapons Convention at the national level. Somali parliamentarians gained valuable knowledge of the OPCW’s functioning and committed to engaging with other MPs in Somalia to facilitate the convention’s implementation and further strengthen national, regional, and global security following the appeal by Mr. Solomon Haile, Senior Coordination and Planning Officer, Implementation Support Branch.

Building Bridges for a Brighter Future

The Somali parliamentarians also met with PGA Dutch Member Sen. Fatimazhra Belhirch. This high-level engagement at the Eerste Kamer (Dutch Senate) fostered discussions on potential avenues for cooperation between Somalia and the Netherlands. Sen. Belhirch shared insights on her experiences with international justice and cooperation in her previous capacity as a diplomat. Both parties acknowledged the importance of ongoing collaboration in promoting peace, security, and the rule of law in Somalia and throughout the region.

An Urgent Call for International Support

The visit served as a powerful call to action for the international community. Governments, donors, institutions, fellow parliamentarians, and other key stakeholders must come together to provide Somalia with the necessary assistance and tools to overcome any potential obstacle and successfully navigate the accession process. Only through international cooperation can Somalia build a future where justice prevails, and lasting peace takes root.

Background on the accession process of Somalia to the Rome Statute

PGA has been promoting the accession process in Somalia as early as 2014 and has intensified its efforts since 2023, following a visit to the ICC by the Speaker of the Federal Parliament of Somalia, H.E. Mr. Sheikh Adan Mohamed Nur Madobe. In advancing the accession, PGA received essential support from the co-facilitators on the Universality of the International Criminal Court— The Netherlands and the Republic of Korea. The Netherlands notably facilitated the translation of the Rome Statute into Somali, and PGA shared relevant documentation with parliamentarians and government officials to support the process.

In January 2024, despite presenting the accession draft bill of the Rome Statute to the Speaker for inclusion in the agenda of the upcoming parliamentary session, the bill was rejected on procedural grounds. Following this setback, the PGA Secretariat drafted an explanatory letter to underline the importance of the Rome Statute system, which was then shared with all 275 Members of Parliament, including the Speaker and the Deputy Speaker.