The welcoming remarks of Dip. José Carlos Mahía, President of the House of Representatives of Uruguay focused on the importance of having a space where legislators, members of the Executive, the Judiciary and civil society can exchange views and reflections on international justice. It is indeed a fundamental tool for peace, sustainable development and the non-repetition of international crimes. Dip. Mahía welcomed the distinguished audience of activists and legislators from nine Latin American countries, and reiterated the commitment of his country to support PGA’s mandate as well as international justice at the national, regional and international level.

Dip. Mahía’s remarks were echoed by those of Mrs. Graciela Dede, Advisor on Human Rights of the United Nations in Uruguay, who emphasized the importance of international justice in the United Nations system. Indeed, justice is a component of the Sustainable Development Goals 2030 (SDGs), and parliamentarians have a primary role in ensuring that appropriate legislation is adopted to strengthen the national legal framework on human rights, the rule of Law and democracy. Dip. Macarena Gelman, president of PGA’s national group in Uruguay, whose parents were forcefully disappeared and who was forcefully abducted, shared a portion of her story and the importance of bringing justice to victims of international crimes, while expressing deep concern for a recent decision of Uruguay’s highest Court that declared allegedly unconstitutional the Uruguayan norm incorporating a general principle of International Law, namely, the non-applicability of Statutes of Limitation to crimes under International Law.

In the same vein, Dip. Margarita Stolbizer, president of PGA, briefly outlined PGA’s work to promote the universality and implementation of the Rome Statute of the International Criminal Court (ICC), only permanent and independent Court competent to try individuals accused of genocide, crimes against humanity, war crimes and, after its activation, the crime of aggression. ICC States Parties have to do their part as members of the Rome Statute system to ensure its effectiveness in the prosecution of authors of international crimes, their prevention as well as reparations to victims. The Court’s competence is complementary to that of States that bear the primary obligation to investigate and prosecute international crimes. An effective Rome Statute system requires that States domesticate the principles and crimes of the Rome Statute as well as the mechanisms to cooperate with the Court. Mr. Jorge Díaz Almeida, Attorney General of Uruguay, rightly mentioned that State obligations do not stop with the ratification of treaties but starts with it. The most important step is the implementation, which is usually the problem including in Uruguay, country that has ratified a consequent number of international conventions.

The first day of the Seminar focused on the different regional and international mechanisms to fight against the impunity of perpetrators of serious violations of human rights.

In this regard, prominent speakers such as Mr. Ricardo Domínguez, Permanent Representative of the Organization of American States (OAS), gave an overview of the multifaceted OAS system: a political forum, a judicial avenue for members States and an oversight body of policies and democratic governance priorities, with a strong emphasis on justice and the Rule of Law. Dr. Mariana Mota, President of the National Institution of Human Rights and Ombudsperson's Office, presented different avenues for justice in the region including the tremendous work of the Commission and the Inter-American Court of Human Rights that have guided countries in the region, on compliance with human rights standards. For instance, the advisory opinions of the Inter-American Commission on amnesty laws are supported by the Inter-American Court of Human Rights (IACHR) that issued sentences declaring the invalidity of legislation that, under the cover of promoting peace and reconciliation, in fact prevented the investigation and prosecution of authors of atrocious crimes committed during dictatorships. The jurisprudence of the IACHR, prohibiting amnesty laws, later served as guidance for national judges. In countries where amnesty laws were still lingering, the IACHR’s jurisprudence helped spark legislative and constitutional reforms. Additionally, the sentences of the IACHR have been fundamental legal tools for victims to assert their right to obtain justice and ensure that the State prosecutes those responsible for the most serious violations of human rights, and establish effective guarantees of non-repetition of these violations.  All members of the three branches of government and civil society have a lot of work to do, even in a country such as Uruguay, where the Supreme Court of Justice in its decision number 680/2017, recently stipulated that the crimes committed during the dictatorship purportedly do not constitute “crimes against humanity”.  

Dr. María Elena Martínez Salgueiro, Human Rights expert, welcomed this Seminar to strengthen the commitment of lawmakers, who, as representatives of citizens, have to ensure nationally the absolute respect of human rights by national institutions, when enacting legislation. Dr. Martinez laid an emphasis on the particularity of the Rome Statute system as one aimed at eradicating impunity, based on the principle of complementarity, hence putting great responsibility on legislators. Dr. Martinez reminded the audience that the fight against impunity is not a confined matter, but an everyday struggle as we continue to witness atrocities in the world.  In addition, certain countries remain outside of the Rome Statute’s scope of application, including three permanent members of the United Nations Security the United States, Russia and China. The ICC continues to face challenges with two attempted and one finalized withdrawals respectively by South Africa, Gambia and Burundi.  All relevant stakeholders should continue to promote the universality of the Statute and uphold human rights to reinforce the construction of an international Rule of Law and modify societal structures that keep so many people in a marginalized situation.

The distinguished audience had the opportunity to hear from Mrs. Michelle Reyes, Regional Coordinator for the Americas of the Coalition for the ICC (CICC), who gave an overview of the ICC’s functioning as well as the principles and crimes under the Rome Statute. Mrs. Reyes illustrated during her presentation the link between justice, the Rule of Law and sustainable development. Legislators play a fundamental role in the Rome Statute system as they implement mechanisms of accountability, which contributes inter alia to the preventative nature of the Rome Statute. Mr. Hugo Relva, Legal Advisor of Amnesty International (AI) further expanded on the implementation of the Rome Statute in the Latin American region, by providing examples of countries that have implemented complementarity and/or cooperation norms and principles. During his comparative analysis, he offered recommendations to parliamentarians for more effective laws regarding the prosecution of international crimes, which gained the interest and support of Ecuadorian Lawmakers in attendance. Dip. Reynaldo Cardoza (El Salvador), member of the Foreign Affairs Committee and PGA member, mentioned in his presentation the political difficulties that exist in Parliament, including competing priorities in the national political agenda that delay the approval of implementing legislation on cooperation with the ICC, currently pending before his Committee. However, he also explained the inspiring process leading to El Salvador’s accession to the Rome Statute and renewed his commitment to advancing the implementation of the principles and crimes of the Rome Statute as well as the establishment of cooperation mechanisms with the ICC.

The Rome Statute is a fundamental pillar of the fight against impunity in the world, but it is not perfect. There are types of criminal conduct that experts such as Dr. Oscar Lopez Goldaracena, lawyer, expert in international law, human rights and economic law would like to see included in the crimes under the Rome Statute, such as “cultural genocide”, which is the systematic destruction of all the cultural elements that characterizes a group. Such destruction finds historical illustrations as well as contemporary ones with groups like Daesh. 

The victims of international crimes play a central role in the Rome Statute system. They are afforded the opportunity to participate in the Court’s proceedings as well as receive reparations, including restitution, compensation and rehabilitation that may entail psychosocial forms of assistance from the Trust Fund for Victims, which may be requested to implement Court-ordered reparations. Dr. Felipe Michelini, member of the Board of Directors of the TFV presented the Trust Fund’s mandate in supporting and implementing programs that address harms resulting from genocide, crimes of humanity and war crimes and shared his concern for the Fund’s lack of financial support. Having a Court that prosecutes individuals responsible of international crimes also means that States should financially support the TFV so that reparative justice may become an effective reality.

The second day of the Seminar focused on the role of States in the Rome Statute system in accordance with the principles of complementarity and cooperation as well as the future activation of the Kampala Amendments to the Rome Statute on the crime of aggression.

Parliamentarians play an important role to ensure that their national legislation complies with their international obligation as States Parties to the Rome Statute. Much progress has been done in the region and PGA member Dip. Juan Félix Bogado Tatter presented the example of Paraguay.  During his presentation, he emphasized the long legislative process of almost 12 years that culminated into the adoption by Parliament and promulgation by the Executive in September 2017 of Law number 5877 that implements the Rome Statute that creates the ICC; this law has received the substantive input many civil society organizations such as Amnesty International Paraguay, the Coalition for the ICC and Parliamentarians for Global Action. According to the Paraguayan MP, such a comprehensive law would have not been adopted by Parliament if PGA had not created bipartisan support for it also via the annual Montevideo Seminars of the last 6 years and specific input in terms of legislative assistance, which empowered Paraguayan Lawmakers.

Dip. Bogado, sharing a part of his personal history as a person whose family-members have been victims of crimes against humanity, emphasized how working on this implementing legislation brought a consensus among his colleagues from very diverse political parties and backgrounds, to uphold human rights and strengthen the Rule of law as common goals for Paraguay, beyond political and ideological affiliations.

The implementation process of the Rome Statute is at different stages in the region. Asambleísta Marcela Aguiñaga Vallejo (Ecuador), President of the Justice Committee and PGA Member, renewed her commitment to give impulse to the implementation of the principles and crimes of the Rome Statute as well as that of the cooperation mechanisms with the ICC. There is a large dossier of amendments to the new Organic Penal Code, which is subject to an intense debate in the National Assembly: This explains the length of the current proceedings. PGA provided substantive comments to the complementarity provisions included in the Penal Code adopted in 2014, as well as the cooperation amendment proposals that the Justice committee had the opportunity to discuss with PGA, CICC and ICRC experts, earlier this year.

Another implementation process that has been ongoing regards Guatemala. Congresista Oliverio García, Member of the Foreign Affairs Committee and PGA member, emphasized the fact that the principle of complementarity is “a guarantee of justice for the protection of humanity”. Congresista Garcia also enumerated a number of principles that were incorporated in the draft implementing legislation of Guatemala. The draft implementing legislation of Guatemala includes a chapter on cooperation with the ICC. He stressed that it is difficult to sensitize colleagues to the relevance of the Rome Statute due to fears rooted in misconceptions. On 26 April 2016, Congresista Garcia introduced in plenary the draft implementing legislation of the Rome Statute that includes principles and crimes of the Rome Statute as well as cooperation mechanisms taking into account PGA’s recommendations. On 6 October 2016, the draft bill received the approval of the Legislation Committee. The implementing legislation is currently undergoing its third debate before Congress.

Ms. Romina Morello, Associate External Relations and Cooperation Officer, Registry of the ICC, intervened via video-link from The Hague to present the cooperation regime as well as the different types of cooperation agreements that each State can negotiate and sign with the ICC, namely on (i) relocation of witnesses, (ii) enforcement of sentences, (iii/iv) interim and final release. The ICC does not have a territory and thus needs the support of States to protect the integrity of judicial proceedings, including the protection of the rights of the accused. Dip. Ronny Monge (Costa Rica), President of the Social Affairs Committee and PGA Board member presented the status of draft bill 19.665 on cooperation with the ICC, based on PGA’s “Model Law” on Cooperation. This draft bill received the approval of the Security and Narcotics committee on 19 January 2017 and is currently pending before Plenary for approval. Dip. Monge also reiterated his commitment to push for a swift approval of the cooperation-segment of the legislation and to encourage his government as well as others to conclude cooperation agreements with the Court on relocation of witnesses, enforcement of sentences, interim and final release. Similarly, Dip. Tucapel Jimenez (Chile), Member of the Human Rights Committee and PGA member, during a video presentation emphasized the need for countries to adapt their legislation to incorporate in the domestic legal order cooperation mechanisms with the Court, without which the Court cannot efficiently fulfill its mandate. Currently, the draft cooperation bill of Chile is at the Ministry of Foreign Affairs, undergoing consultations, and Dip. Jimenez is expecting to have a meeting with the Minister of Foreign Affairs soon, so that the Ministry may send the draft bill to parliament for approval.

Dr. Carolina Vergara Pisoni, Chief of the Criminal Section, Central Authority for International Legal Cooperation, Ministry of Education and Culture of Uruguay explained in her presentation the different national cooperation mechanisms available in her country, despite the fact that her section has, to date, not received many cooperation requests from the ICC.  

In light of all the atrocities ongoing in the world today, the ratification of the Kampala Amendments and activation of the Court’s jurisdiction over the crime of aggression are paramount.

In this regard, Mr. Jean Franco Olivera, Responsible for programs with national political authorities and academic media, International Committee of the Red Cross (ICRC) presented the amendment on war crimes. This amendment serve as a greater protection for belligerents and civilians in non-international armed conflicts. The prohibition of certain categories of weapons [including poison, poisoned weapons, poisonous and other gases, bullets that expand or flatten easily in the human body] is a progress towards the protection of humankind.

Dr. David Donat Cattin, Secretary-General of PGA explained the importance of ratifying and implementing the crime of aggression in the current context, and the propitious momentum for its activation at the 16^th ASP. Following this line, Dip. Jorge Cálix (Honduras), member of the Special Committee Special Review Commission of the Criminal Code, informed the distinguished audience on the ratification and implementation process of the Kampala Amendments in his country. On 19 April 2017, the plenary of the Honduran Congress approved the inclusion of the Kampala amendment on the crime of aggression. Because of the fast approaching general elections, the discussion on the draft cooperation bill and the criminal code reform came to a halt. Dip. Cálix requested PGA’s assistance to encourage the Ministry of Foreign Affairs to send ratification bill of the Kampala Amendments to Congress, after the elections that are to take place on 26 November 2017.

Latin American countries are advancing the implementation of the Rome Statute, strengthening their commitment to the principle of ‘Never Again’. 

After the Montevideo Seminar, on 2 November 2017, PGA held consultations with its National Group in Buenos Aires, Argentina. Several prominent PGA members including Dip. Carla Pitiot, Dip. Luis Petri, Dip. Lucila Duré, Dip. Horacio Alonso, Dip. Guillermo Snopek and several parliamentary advisors participated in the meeting. In the afternoon, a PGA delegation led by Dip. Margarita Stolbizer, president of PGA, met with the Minister of Justice and Human Rights of Argentina, Min. Germán Garavano, to promote the negotiation and signing of cooperation agreements with the International Criminal Court (ICC) on interim and final release. PGA’s delegation seized the opportunity to exchange on strengthening Argentina’s leadership in the promotion of international justice and the Rule of Law.