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Internationa! Criminal Court Update
The pace af ratification of the International Criminal Court (ICC) treaty has picked upith over half of theountries acting during the last halfost observers expect It will lake two years to reach theatifications Decenary for the treaty
io eater into force.
Many of the leadingas France. Germany. Italy, Spain. Belgium, Finland. Canada. South Africa, andto ratify early, hoping to build momentum for others to follow9 countries have signed the treaty).
Support for (he ICC generally is stronger in Europe, Laiin America, and Africa, while il is weaker in the Middle East and Asia.
Looking ahead, Sweden could act early this year, although the timing for all countries remains uncertain given ihc complexity of thepotential constitution al amendments.
Several countries appear lo be holding back on ratification to judge the outcome of ongoing Prtpcoms resolving unfinishedthe most important issue ir defining the crime of aggression. The more generally the crime of aggression is defined, the more countries are likely to share US reservations that the ICC could be exploited in dangerous ways.
Dynamics inelected Countries
This chartore detailed look at the prospects for passage inf0 countries lhat have signed but not yet ratified the treaty. Basedeview of reporting over the last three years, tbe level of "commitment" is our general assessment of how hard the government is working for passage. The timeframe for passage in almost every country remains unclear.
Country
of leverage
sensitive about defending sovereignty given charges ol* human rights excesses. Algeria has serious reservations about the treaty and suooortcd many US demarches.
soon
leaden support ICC. but key MPs share many fundamental US concerns and oppose ratification. Worried about accusations against Aussie peacekeepcra in East Timor. Has supported US on excluding jurisdiction over non-party nationals. Cabinet has approved ratification bill and submitted to Parliament for hearings. Parliament's approval is not/not required, but ii would have lo pass implementing legislation. Have strongly supported US position on aggression. Ministerof Defense, and Attorney General publicly support ratification. Active in lobbying African and Latin American states.
Cardoiio Octublicly called for ratification of ICC Brazil considering "French solution"onstitutional amendment to recognize ICC jurisdiction and eliminate need to change individual laws andas ban on life sentences. Brazil opposed several US proposals as fundamentally changing the treaty. Ratification requires simple majority in House and Senate. Chamber of Deputies passed preliminary amendment in0 to facilitate ratification. Brazil announced8 acceptance of Inter-American Coon of Human Rights, sueeestina it will acceot outside jurisdiction.
and Foreign Minister stronglythat human rights will be one of their prime objectives.nder consideration in Chamber of Deputies,ajority supports it, but some Senators are expected to
review by Constitutional Court. President sought preliminary ruling by Supreme Court,ajority ruled ii constitutional. If rejected by Senate, could be resubmitted within one year. Chilean Foreign Minister believed US move to exempt non-party actors from jurisdiction would eut treaty and discourage ratification.
soon
in insisting that ICC respect national sovereignty. President supports ratification, but first wants evaluation of treaty after Prepcoms completed and enactment of other laws on human rights. ome government officials argue ratification will help peace process with rebels. Proceeding very methodicilly. Colombians said they understood US reservations but would not support them. Must be approvedrdt of both Chamber of Deputies and Senaie and review by Constitution Coort.
Rica
consistent supporter of ICC. Unicameral parliament approved first reading Inonstitutional Court has ruled neaty does not/not conflict with constitution. Must be ratified by simple majority in Parliament for approval.
Republic
has modified criminal code to make it compatible with ICC. Workatification bill has begun.
bill and implementing legislation were presented to Parliamenttrong supporter, and outspoken and unyielding toward US in formal ICC deliberations. [
press sharply cntical of US sianee
wavered; Initially strong supporter, then opposed, and now more supportive again but still has some reservations. Ratification largely depends on President pushing the issue. Constitutional court must rule it is acceptable. Outspoken in insisting that ICC respect national sovereignty.1 expressed some concern at new US MLAT language including protection from ICC. Officials *av current trend is toward
but needs to bring national laws into conforraity. Officials predict it will be up to two yean before It la presented to the Assembly. Egyptian officials say they are no! trying to lobby other Arab .states to ratify.
has joined Portugal is proposing tbat UN Security Council approval would be primary method for referring crime of aggression cases to ICC. Greece critical of past US proposals as back-door method of undermining ueaty. Some NGOs predicted Greece would ratify last year, but no recent sign of movement.
year?
legislation is being prepared, with some potential issues to resolve regarding extradition and immunity. Hungary wanted to wait for some EU members to ratify first, and some officials now expect they wilt ratify this year. Hungary expects treaty will be ratifiedost Europeans. Dismissed US demands for changes as unacceDtable to most sienatories.
soon.
in insisting thai ICCsovereignty. Particularlyhow crime of aggression isNAM members believed Iranthe past to undermine themust ratify; must beby Council of Guardby President.
supporter of ICC. Argued against many fundamental US demands for change, but worked to keep Washington engaged in the process. Work on implementing legislation hss begun, but final ratification willonstitutional amendment.
shares many basic US concernsICC. It has engaged in negotiationsthe inclusion of "settlementa potential war crime. RatificationKnesset approval and
soon.
actively supports the ICC. but it is waiting for other Arab sutes to show more support before submiuing ratification legislation to Parliament. Amman is
the ICC will not behout US participation. Jordan has explicitly said Uriel's treatment of Arabs should be subject to ICC rurisdiction.
new admnistrauoe in Mexico ha* expressed support for the ICC Mexico has tome concerns about potential "double jeopardy" created by the ICC and needs to amend its penal codererequisite for ratification.
Is concerned about ICC jurisdiction over non-state actors given iu active role in peacekeeping.
not ihis year
government signed the treatythe 11
hour.
fssafification ishis year dueull leaislanve calendar.
activelycatioa of the ICC in Rome, but portrayed itself as;
to help bndgc gaps wim Die IA. Ratification legislation has yet to be sent to Parliement.
Korea
toon.
say the ratification process could lake two years, although there does not appear toeedonstitutional amendment. South Korea regularly hu expressed srrpport for US positions during negotiations but has noi publicly sponsoredied on WashmfieeT. behalf.
abstained on initial ICC vote at Rome, but signed treaty late last year.
early as this spring?
observers believe the Parliamentatify the treaty as early aa this spring, although Itompile tied process. Sweden last year rejected US proposals as fundamentally undermining the treaty. Sweden criticized US for noi promising to ratify treaty if Washington's proposals were adopted.
toon
has announced rt will not ratify treaty until the crime of aggression is defused Syr-en officials expressed support for US
Original document.
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