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States parties to the Rome Statute of the

International Criminal Court


From Wikipedia, the free encyclopedia

The states
parties to
the Rome
Statute of
the

The States Parties to the Rome Statute


Party
Party for which it has not entered into force
Signatory that has not ratified
Non-state party, non-signatory

International Criminal Court are those sovereign states that have ratified, or have otherwise become party
to, the Rome Statute of the International Criminal Court. The Rome Statute is the treaty that established the
International Criminal Court, an international court that has jurisdiction over certain international crimes,
including genocide, crimes against humanity, and war crimes that are committed by nationals of states
parties or within the territory of states parties. States parties are legally obligated to co-operate with the
Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence
and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States
Parties, which is the Court's governing body. Such proceedings include the election of such officials as
judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome
Statute.

Contents
1 States parties
1.1 Withdrawal
1.2 Implementing legislation
1.3 Summary of signatures and ratifications/accessions

1.4 Allocation of judges


2 Acceptance of jurisdiction
3 Signatories which have not ratified
3.1 Bahrain
3.2 Israel
3.3 Kuwait
3.4 Thailand
3.5 Ukraine
3.6 United States
3.7 Yemen
4 Non-party, non-signatory states
4.1 China
4.2 El Salvador
4.3 India
4.4 Indonesia
4.5 Iraq
4.6 Lebanon
4.7 Malaysia
4.8 Nepal
4.9 Pakistan
4.10 South Sudan
4.11 Turkey
5 See also
6 Notes
7 References

States parties
As of 6 January 2015, 123 states have ratified or acceded to the Rome Statute.[1]
State party[1]

Signed

Ratified or
acceded

Entry into
force

Amend. 1[2]

Amend. 2[3]

Afghanistan

10 February
2003

1 May 2003

Albania

18 July 1998

31 January
2003

1 May 2003

Andorra

18 July 1998 30 April 2001

1 July 2002

26 September
2013

26 September
2013

Antigua and Barbuda

23 October
1998

1 July 2002

18 June 2001

Argentina

8 January
1999

8 February
2001

1 July 2002

Australia

9 December
1998

1 July 2002

1 September
2002

Austria

7 October
1998

28 December
2000

1 July 2002

17 July 2014

17 July 2014

Bangladesh

16
September
1999

23 March 2010 1 June 2010

Barbados

8 September 10 December
2000
2002

1 March 2003

Belgium

10
September
1998

28 June 2000

1 July 2002

26 November
2013

26 November
2013

Belize

5 April 2000 5 April 2000

1 July 2002

Benin

24
September
1999

1 July 2002

Bolivia

17 July 1998 27 June 2002

1 September
2002

Bosnia and
Herzegovina

17 July 1998 11 April 2002

1 July 2002

Botswana

8 September 8 September
2000
2000

1 July 2002

4 June 2013

4 June 2013

Brazil

7 February
2000

20 June 2002

1 September
2002

Bulgaria

11 February
1999

11 April 2002

1 July 2002

Burkina Faso

30 November
16 April 2004
1998

1 July 2004

Burundi

13 January
1999

21 September
2004

1 December
2004

Cambodia

23 October
2000

11 April 2002

1 July 2002

Canada

18 December
7 July 2000
1998

1 July 2002

Cape Verde

28 December 10 October
2000
2011

1 January
2012

12 December
3 October 2001 1 July 2002
1999

Chad

20 October
1999

1 January
2007

Chile

11 September
29 June 2009
1998

1 September
2009

Colombia[A]

10 December
5 August 2002
1998

1 November
2002

Central African
Republic

22 January
2002

1 November
2006

22
September
2000

1 November
2006

8 September
11 April 2002
2000

1 July 2002

17 July 1998 3 May 2004

1 August
2004

Cook Islands

18 July 2008

1 October
2008

Costa Rica

7 October
1998

7 June 2001

1 July 2002

5 February
2015

5 February
2015

Cte d'Ivoire[B]

30 November 15 February
1998
2013

1 May 2013

Croatia

12 October
1998

21 May 2001

1 July 2002

20 December
2013

20 December
2013

Cyprus

15 October
1998

7 March 2002

1 July 2002

25 September
2013

25 September
2013

Czech Republic

13 April
1999

21 July 2009

1 October
2009

12 March 2015 12 March 2015

Denmark[C]

25
September
1998

21 June 2001

1 July 2002

Djibouti

7 October
1998

5 November
2002

1 February
2003

Dominica

12 February
2001

1 July 2002

Dominican Republic

8 September
12 May 2005
2000

1 August
2005

East Timor

6 September
2002

1 December
2002

Ecuador

7 October
1998

5 February
2002

1 July 2002

Estonia

27 December 30 January
1999
2002

1 July 2002

27 March 2013 27 March 2013

Fiji

29 November 29 November
1999
1999

1 July 2002

Finland

7 October
1998

1 July 2002

France[D]

18 July 1998 9 June 2000

1 July 2002

Gabon

22 December 20 September
1998
2000

1 July 2002

Gambia, The

4 December
1998

28 June 2002

1 September
2002

Georgia

18 July 1998

5 September
2003

1 December
2003

5 December
2014

Comoros
Congo, Democratic
Republic of the
Congo, Republic of
the

18 August 2006

29 December
2000

Germany

10 December 11 December
1998
2000

1 July 2002

3 June 2013

3 June 2013

Ghana

18 July 1998

20 December
1999

1 July 2002

Greece

18 July 1998 15 May 2002

1 August
2002

Grenada

19 May 2011

1 August
2011

Guatemala

2 April 2012

1 July 2012

Guinea

7 September
14 July 2003
2000

1 October
2003

Guyana

28 December 24 September
2000
2004

1 December
2004

Honduras

7 October
1998

1 July 2002

1 September
2002

Hungary

15 January
1999

30 November
2001

1 July 2002

Iceland

26 August
1998

25 May 2000

1 July 2002

Ireland

7 October
1998

11 April 2002

1 July 2002

Italy

18 July 1998 26 July 1999

1 July 2002

Japan

17 July 2007

1 October
2007

Jordan

7 October
1998

11 April 2002

1 July 2002

Kenya

11 August
1999

15 March 2005 1 June 2005

Korea, South

8 March
2000

13 November
2002

1 February
2003

Latvia

22 April
1999

28 June 2002

1 September
2002

25 September
2014

25 September
2014

Lesotho

30 November 6 September
1998
2000

1 July 2002

Liberia

17 July 1998

1 December
2004

Liechtenstein

18 July 1998 2 October 2001 1 July 2002

8 May 2012

8 May 2012

Lithuania

10 December
12 May 2003
1998

1 August
2003

Luxembourg

13 October
1998

8 September
2000

1 July 2002

15 January
2013

15 January
2013

Macedonia, Republic

7 October
1998

6 March 2002

1 July 2002

Madagascar

18 July 1998 14 March 2008 1 June 2008

of

22 September
2004

Malawi

2 March
1999

19 September
2002

1 December
2002

Maldives

21 September
2011

1 December
2011

Mali

17 July 1998 16 August 2000 1 July 2002

Malta

17 July 1998

1 February
2003

30 January
2015

30 January
2015

Marshall Islands

6 September 7 December
2000
2000

1 July 2002

Mauritius

11 November
5 March 2002
1998

1 July 2002

5 September
2013

Mexico

7 September 28 October
2000
2005

1 January
2006

Moldova

8 September 12 October
2000
2010

1 January
2011

Mongolia

29 December
11 April 2002
2000

1 July 2002

Montenegro[E]

23 October
2006

3 June 2006

Namibia

27 October
1998

25 June 2002

1 September
2002

Nauru

13 December 12 November
2000
2001

1 July 2002

Netherlands

18 July 1998 17 July 2001

1 July 2002

New Zealand[F]

7 October
1998

1 July 2002

17 July 1998 11 April 2002

1 July 2002

Niger

29 November
2002

7 September
2000

Nigeria

1 June 2000

27 September
2001

1 July 2002

Norway

28 August
1998

16 February
2000

1 July 2002

10 June 2013

Palestine[G][H]

2 January 2015 1 April 2015

Panama

18 July 1998 21 March 2002 1 July 2002

Paraguay

7 October
1998

14 May 2001

1 July 2002

Peru

7 December
2000

10 November
2001

1 July 2002

Philippines

28 December
1 November
30 August 2011
2000
2011

Poland

9 April 1999

12 November
2001

1 July 2002

25 September
2014

25 September
2014

Portugal

7 October
1998

5 February
2002

1 July 2002

Romania

7 July 1999

11 April 2002

1 July 2002

Saint Kitts and Nevis

22 August 2006 1 November


2006

Saint Lucia

27 August
1999

18 August 2010

1 November
2010

3 December
2002

1 March 2003

Samoa

17 July 1998

16 September
2002

1 December
2002

25 September
2012

25 September
2012

San Marino

18 July 1998 13 May 1999

1 July 2002

26 September
2011

14 November
2014

Senegal

18 July 1998

1 July 2002

Serbia

19 December 6 September
2000
2001

1 July 2002

Seychelles

28 December
1 November
10 August 2010
2000
2010

Sierra Leone

17 October
1998

15 September
2000

1 July 2002

Slovakia

23 December
11 April 2002
1998

1 July 2002

28 April 2014

28 April 2014

Slovenia

7 October
1998

31 December
2001

1 July 2002

25 September
2013

25 September
2013

South Africa

17 July 1998

27 November
2000

1 July 2002

Spain

18 July 1998

24 October
2000

1 July 2002

25 September
2014

25 September
2014

Suriname

15 July 2008

1 October
2008

Sweden

7 October
1998

28 June 2001

1 July 2002

Switzerland

18 July 1998

12 October
2001

1 July 2002

Tanzania

29 December
1 November
20 August 2002
2000
2002

Tajikistan

30 November
5 May 2000
1998

1 July 2002

Trinidad and Tobago

23 March
1999

6 April 1999

1 July 2002

13 November
2012

13 November
2012

Tunisia

24 June 2011

1 September
2011

Uganda

17 March
1999

14 June 2002

1 September
2002

United Kingdom[I]

30 November
4 October 2001 1 July 2002
1998

Uruguay

19 December

26 September

26 September

Saint Vincent and the


Grenadines

2 February
1999

28 June 2002

1 September

2000

2002

2013

2013

Vanuatu

2 December
2011

1 February
2012

Venezuela

14 October
1998

7 June 2000

1 July 2002

Zambia

17 July 1998

13 November
2002

1 February
2003

Withdrawal
The Rome Statute allows for states to withdraw from the ICC. Withdrawal takes effect one year after
notification of the depositary, and has no effect on prosecution that has already started. As of November
2013 no state had withdrawn from the statute.
In June 2009, several African states, including Comoros, Djibouti, and Senegal, called on African states
parties to withdraw en masse from the statute in protest against allegations that the Court targets Africa, and
specifically in response to the indictment of Sudanese President Omar al-Bashir.[6] In September 2013,
Kenya's National Assembly passed a motion to withdraw from the ICC in protest against the ICC
investigation in Kenya, although no law effecting withdrawal has been proposed.[7] A mass withdrawal from
the ICC by African member states in response to the trial of Kenyan authorities was discussed at a special
summit of the African Union in October.[8] The summit concluded that serving heads of state should not be
put on trial, and that the Kenyan cases should be deferred.[9] However, the summit did not endorse the
proposal for a mass withdrawal due to lack of support for the idea.[10] In November the ICC's Assembly of
State Parties responded by agreeing to consider proposed amendments to the Rome Statute to address the
AU's concerns.[11]

Implementing legislation
The Rome Statute obliges states parties to cooperate with the Court in the investigation and prosecution of
crimes, including the arrest and surrender of suspects.[12] Part 9 of the Statute requires all states parties to
ensure that there are procedures available under their national law for all of the forms of cooperation which
are specified under this Part.[13]
Under the Rome Statute's complementarity principle, the Court only has jurisdiction over cases where the
relevant state is unwilling or unable to investigate and, if appropriate, prosecute the case itself. Therefore
many states parties have implemented national legislation to provide for the investigation and prosecution of
crimes that fall under the jurisdiction of the Court.[14]
As of April 2006, the following states had enacted or drafted implementing legislation:[15]

CoComplementarity
operation
legislation
legislation

States
Australia, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia,
Denmark, Estonia, Finland, Georgia, Germany, Iceland, Liechtenstein,
Lithuania, Malta, Netherlands, New Zealand, Slovakia, South Africa,
Spain, Trinidad and Tobago, United Kingdom

Enacted

Enacted

Colombia, Congo, Serbia, Montenegro

Enacted

Draft

Burundi, Costa Rica, Mali, Niger, Portugal

Enacted

None

France, Norway, Peru, Poland, Slovenia, Sweden, Switzerland

Draft

Enacted

Austria, Japan, Latvia, Romania

None

Enacted

Argentina, Benin, Bolivia, Botswana, Brazil, Central African Republic,


Democratic Republic of Congo, Dominica, Gabon, Ghana, Greece, Ireland,
Draft
Italy, Kenya, Lesotho, Luxembourg, Nigeria, Samoa, Senegal, Uganda,
Uruguay, Zambia

Draft

Dominican Republic, Ecuador, Honduras, Hungary, Jordan, Panama,


Venezuela

Draft

None

Mexico

None

Draft

Afghanistan, Albania, Andorra, Antigua and Barbuda, Barbados, Belize,


Burkina Faso, Cambodia, Cyprus, Djibouti, Fiji, Gambia, Guinea, Guyana,
Liberia, Malawi, Marshall Islands, Mauritius, Mongolia, Namibia, Nauru,
None
Paraguay, Saint Vincent and the Grenadines, San Marino, Sierra Leone, The
Republic of Macedonia, Tajikistan, Timor-Leste, United Republic of
Tanzania

None

Summary of signatures and ratifications/accessions

Total number of states parties from 19992006.

Date

Signatures

December 31, 1998

72

December 31, 1999

93

December 31, 2000

139

Date

Ratifications/accessions Remaining signatories

December 31, 1998

72

December 31, 1999

87

December 31, 2000

27

112

December 31, 2001

48

92

December 31, 2002

87

55

December 31, 2003

92

51

December 31, 2004

97

46

December 31, 2005

100

43

December 31, 2006

104

December 31, 2007

105

December 31, 2008

108

40

December 31, 2009

110

38

December 31, 2010

114

34

December 31, 2011

120

December 31, 2012

121

December 31, 2013


December 31, 2014
January 2, 2015

41

32

122

31

123

Allocation of judges
The number of states parties from the several United Nations regional groups has an influence on the
minimum number of judges each group is allocated. Paragraph 20(b) of the Procedure for the nomination
and election of judges of the Court[16] states that any of the five regional groups shall have at least two
judges on the court. If, however, a group has more than 16 states parties, there is a third judge allocated to
that group.
The following table lists how many states parties there are from each regional group. After the accession of
the Maldives on 1 December 2011, the Asian Group has become the last regional group to have three judges
allocated. This already had consequences for the ICC judges election, 2011.[17]
Group

Number of states parties Number of judges allocated

African Group

34

Asian Group

18

Eastern European Group

18

Latin American and Caribbean Group 27

Western European and Others Group 25

Acceptance of jurisdiction

Pursuant to article 12(3) of the Rome Statute of the International Criminal Court, a state that is not a party to
the Statute may, "by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court
with respect to the crime in question." The state that does so is not a State Party to the Statute, but the Statute
is in force for the state as if it had ratified the Statute, only on an ad hoc basis. However, a state that lodges
an article 12(3) declaration cannot refer a situation to the Court. This means that the Prosecutor can only
open an official investigation after a State Party or the United Nations Security Council refer the situation to
the Court. Alternatively, the Prosecutor can open an investigation after a Pre-Trial Chamber gives its consent
to do so, but only after it is presented with preliminary evidence.
To date, the Court has made public four article 12(3) declarations.
State[18]

Date of acceptance

Start of jurisdiction

End of jurisdiction

Cte d'Ivoire[B] 18 April 2003

19 September 2002

Indefinite

Palestine[G]

21 January 2009

1 July 2002

Indefinite

Ukraine[J]

9 April 2014

21 November 2013

22 February 2014

Palestine[G]

31 December 2014

13 June 2014

Indefinite

Italicized entries signify that declaration has been deemed invalid by the Office of the Prosecutor.

Signatories which have not ratified


Of the 139 states that had signed the Rome Statute, 31 have not ratified.[1]

State[1]

Signature

Algeria

28 December 2000

Angola

7 October 1998

Armenia

1 October 1999

Bahamas, The

29 December 2000

Bahrain

11 December 2000

Cameroon

17 July 1998

Egypt

26 December 2000

Eritrea

7 October 1998

Guinea-Bissau

12 September 2000

Haiti

26 February 1999

Iran

31 December 2000

Israel*[K]

31 December 2000

Jamaica

8 September 2000

Kuwait

8 September 2000

Kyrgyzstan

8 December 1998

Monaco

18 July 1998

Morocco

8 September 2000

Mozambique

28 December 2000

Oman

20 December 2000

Russia

13 September 2000

So Tom and Prncipe 28 December 2000


Solomon Islands

3 December 1998

Sudan*[L]

8 September 2000

Syria

29 November 2000

Thailand

2 October 2000

Ukraine[J]

20 January 2000

United Arab Emirates 27 November 2000

United States*[M]

31 December 2000

Uzbekistan

29 December 2000

Yemen

28 December 2000

Zimbabwe

17 July 1998

= States which have declared that they no longer intend to ratify the treaty

According to the Vienna Convention on the Law of Treaties, a state that has signed but not ratified a treaty is
obliged to refrain from "acts which would defeat the object and purpose" of the treaty. However, these
obligations do not continue if the state makes clear that it does not intend to become a party to the treaty.[32]

Three signatory states (Israel, Sudan, and the United States of America) have informed the UN Secretary
General that they no longer intend to become parties to the Rome Statute, and as such have no legal
obligations arising from their signature.

Bahrain
The government of Bahrain originally announced in May 2006 that it would ratify the Rome Statute in the
session ending in July 2006.[33] By December 2006 the ratification had not yet been completed, but the
Coalition for the International Criminal Court said they expected ratification in 2007.[34]

Israel
Israel voted against the adoption of the Rome Statute but later signed it for a short period. In 2002, the
United States and Israel "unsigned" the Rome Statute, indicating that they no longer intend to become states
parties and, as such, they have no legal obligations arising from their signature of the statute.[35]
Israel states that it has "deep sympathy" with the goals of the Court. However, it has concerns that political
pressure on the Court would lead it to reinterpret international law or to "invent new crimes". It cites the
inclusion of "the transfer of parts of the civilian population of an occupying power into occupied territory" as
a war crime as an example of this, whilst at the same time disagrees with the exclusion of terrorism and drug
trafficking. Israel sees the powers given to the prosecutor as excessive and the geographical appointment of
judges as disadvantaging Israel which was prevented from joining any of the UN Regional Groups.[36]

Kuwait
At a conference in 2007, the Kuwaiti Bar Association and the Secretary of the National Assembly of Kuwait,
Hussein Al-Hereti, called for Kuwait to join the Court.[37]

Thailand
Former Senator Kraisak Choonhavan called in November 2006 for Thailand to ratify the Rome Statute and
to accept retrospective jurisdiction, so that former premier Thaksin Shinawatra could be investigated for
crimes against humanity connected to 2,500 alleged extrajudicial killings carried out in 2003 against
suspected drug dealers.[38] Governments under former presidents Megawati Sukarnoputri and Susilo
Bambang Yudhoyono both pledged to ratify the Statute, but Defense Minister Purnomo Yusgiantoro said in
May 2013 that "we need more time to carefully and thoroughly review the pros and cons of the
ratification".[39][40]

Ukraine
A 2001 ruling of the Constitutional Court of Ukraine held that the Rome Statute is inconsistent with the
Constitution of Ukraine.[41] Notwithstanding, in October 2006, the Ambassador to the United Nations stated
that the Ukrainian government would submit a bill to the parliament to ratify the Statute.[42] Ukraine ratified
APIC without having ratified the Rome Statute on 2007-01-29.[43] On 4 April 2012, the Foreign Minister of
Ukraine told the President of the International Criminal Court that "Ukraine intends to join the Rome Statute

once the necessary legal preconditions have been created in the context of the upcoming review of the
countrys constitution."[44] A bill to make the necessary constitutional amendments was tabled in Parliament
in May 2014.[45][46]

United States
There is presently bipartisan consensus that the United States does not intend to ratify the Rome Statute.[47]
Some US Senators have suggested that the treaty could not be ratified without a constitutional
amendment.[48] Therefore, US opponents of the ICC argue that the US Constitution in its present form does
not allow a cession of judicial authority to any body other than the Supreme Court. In the view of proponents
of the ICC there is no inconsistency with the US Constitution, arguing that the role of the US Supreme Court
as final arbiter of US law would not be disturbed. Before the Rome Statute, opposition to the ICC was
largely headed by Republican Senator Jesse Helms.[49] Other objections to ratification have included that it
violates international law, is a political court without appeal, denies fundamental American human rights,
denies the authority of the United Nations, and would violate US national sovereignty.
Although the US originally voted against the adoption of the Rome Statute, President Bill Clinton
unexpectedly reversed his position on 31 December 2000 and signed the treaty,[50][51] but indicated that he
would not recommend that his successor, George W. Bush, submit it to the Senate for ratification.[52] On 6
May 2002, the Bush administration informed the UN Secretary General that the US no longer intend to
become states parties and, as such, have no legal obligations arising from their former representatives'
signature of the Statute.[53] The country's main objections are interference with their national sovereignty
and a fear of politically motivated prosecutions.
In 2002, the U.S. Congress passed the American Servicemembers' Protection Act (ASPA), which contained a
number of provisions, including prohibitions on the U.S. providing military aid to countries which had
ratified the treaty establishing the Court (exceptions granted), and permitting the President to authorize
military force to free any U.S. military personnel held by the Court, leading opponents to dub it the "Hague
Invasion Act." The act was later modified to permit U.S. cooperation with the ICC when dealing with U.S.
enemies.
The U.S. has also made a number of Bilateral Immunity Agreements (BIAs, also known as "Article 98
Agreements") with a number of countries, prohibiting the surrender to the ICC of a broad scope of persons
including current or former government officials, military personnel, and U.S. employees (including nonnational contractors) and nationals. None of these agreements preclude the prosecution of Americans by any
nation where they are believed to have committed any crime. As of 2 August 2006, the US Department of
State reported that it had signed 101 of these agreements.[54] The United States has cut aid to many countries
which have refused to sign BIAs.[54]
In 2002, the United States threatened to veto the renewal of all United Nations peacekeeping missions unless
its troops were granted immunity from prosecution by the Court.[55] In a compromise move, the Security
Council passed Resolution 1422 on 12 July 2002, granting immunity to personnel from ICC non-states
parties involved in United Nations established or authorized missions for a renewable twelve-month
period.[55] This was renewed for twelve months in 2003 but the Security Council refused to renew the
exemption again in 2004, after pictures emerged of US troops abusing Iraqi prisoners in Abu Ghraib, and the
US withdrew its demand.[56]

Yemen
On 24 March 2007, the Yemeni parliament voted to ratify the Rome Statute.[57][58] However, some MPs
claim that this vote breached parliamentary rules, and have demanded another vote. In that further vote, the
ratification was retracted.[59]

Non-party, non-signatory states


The deadline for signing the Rome Statute expired on 31 December 2000. States that did not sign before that
date have to accede to the Statute in a single step.
Of all the member and observer states of the United Nations General Assembly, there are 42 which have
neither signed nor acceded to the Statute:

Azerbaijan

Iraq

Nepal

South Sudan

Belarus

Kazakhstan

Nicaragua

Sri Lanka

Bhutan

Kiribati

Pakistan

Swaziland

Brunei

Korea, North

Palau

Togo

China

Laos

Papua New

Tonga

Cuba

Lebanon

El Salvador

Libya

Qatar

Turkmenistan

Equatorial

Malaysia

Rwanda

Tuvalu

Mauritania

Saudi Arabia

Vatican City

Ethiopia

Micronesia

Singapore

Vietnam

India

Myanmar

Somalia

Guinea

Guinea

Turkey

Indonesia

China
The People's Republic of China has opposed the Court, on the basis that it goes against the sovereignty of
nation states, that the principle of complementarity gives the Court the ability to judge a nation's court
system, that war crimes jurisdiction covers internal as well as international conflicts, that the Court's
jurisdiction covers peacetime crimes against humanity, that the inclusion of the crime of aggression weakens
the role of the UN Security Council, and that the Prosecutor's right to initiate prosecutions may open the
Court to political influence.[60]

El Salvador
In early April 2012, the Foreign Ministry of El Salvador made a statement that the country is to ratify the
Rome Statute during 2012.[61] As of June 2014, parliament was considering ratifying the Statute.[62][63]

India

The government of India has consistently opposed the Court. It abstained in the vote adopting of the statute
in 1998, saying it objected to the broad definition adopted of crimes against humanity; the rights given to the
UN Security Council to refer and delay investigations and bind non-states parties; and the use of nuclear
weapons and other weapons of mass destruction not being explicitly criminalized.[64] Other anxieties about
the Court concern how the principle of complementarity would be applied to the Indian criminal justice
system, the inclusion of war crimes for non-international conflicts, and the power of the Prosecutor to initiate
prosecutions.[65]

Indonesia
Indonesia has stated that it supports the adoption of the Rome Statute, and that universal participation
should be the cornerstone of the International Criminal Court.[66] In 2004, the President of Indonesia
adopted a National Plan of Action on Human Rights, which states that Indonesia intends to ratify the Rome
Statute in 2008.[66] This was confirmed in 2007 by Foreign Minister Hassan Wirajuda and the head of the
Indonesian People's Representative Council's Committee on Security and International Affairs, Theo L.
Sambuaga.[67] In May 2013, Defense Minister Purnomo Yusgiantoro stated that the government needed
"more time to carefully and thoroughly review the pros and cons of the ratification".[68]

Iraq
In February 2005 the Iraqi Transitional Government decided to ratify the Rome Statute. However, two weeks
later they reversed this decision,[69] a move that the Coalition for the International Criminal Court claimed
was due to pressure from the United States.[70]

Lebanon
In March 2009, Lebanese Justice Minister said the government had decided not to join for now. The
Coalition for the International Criminal Court claimed this was due in part to "intense pressure" from the
United States, who feared it could result in the prosecution of Israelis in a future conflict.[71]

Malaysia
In 2011, Mohamed Nazri Abdul Aziz, the Malaysian minister in charge of Law & Parliamentary Affairs,
stated that the government had agreed to ratify the Rome Statute.[72] It reported that, in Malaysia, the cabinet
is the authority which can ratify international treaties. The CICC expected Malaysia to soon deposit its
instrument of ratification with the UN Secretary-General.[73]

Nepal
On 25 July 2006, the Nepalese House of Representatives directed the government to ratify the Rome Statute.
Under Nepalese law, this motion is compulsory for the Executive.[74]
In March 2015 Narahari Acharya, Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs
of Nepal said that the government had "formed a taskforce to conduct a study about the process" of ratifying
the Statute, following a resolution from Parliament. However, he said that "it is possible only after

promulgating the new constitution", which is being debated by the 2nd Nepalese Constituent
Assembly.[75][76]

Pakistan
Pakistan has supported the aims of the International Court and voted for the Rome Statute in 1998. However,
Pakistan has not signed the agreement on the basis of several objections, including the fact that the Statute
does not provide for reservations upon ratification or accession, the inclusion of provisional arrest, and the
lack of immunity for heads of state. In addition, Pakistan (which is one of the world's largest supplier of
peacekeepers) has, like the United States, expressed reservations about the potential use of politically
motivated charges against peacekeepers.[77]

South Sudan
South Sudan's President Salva Kiir Mayardit said in 2013 that the country would not join the ICC.[78]

Turkey
Turkey is currently a candidate country to join the European Union, which has required progress on human
rights issues in order to continue with accession talks. Part of this has included pressure, but not a
requirement, on Turkey to join the Court which is supported under the EU's Common Foreign and Security
Policy.[79] Prime Minister Recep Tayyip Erdoan stated in October 2004 that Turkey would "soon" ratify the
Rome Statute,[80] and the Turkish constitution was amended in 2004 to explicitly allow nationals to be
surrendered to the Court.[81] However, in January 2008, the Erdoan government reversed its position,
deciding to shelve accession because of concerns it could undermine efforts against the Kurdistan Workers
Party.[82]

See also
List of Presidents and Vice-Presidents of the Assembly of States Parties of the International Criminal
Court
European Union and the International Criminal Court

Notes
A. Colombia made use of article 124 of the Rome Statute to exempt war crimes committed by its nationals or on its
territory from the jurisdiction of the Court for a period of seven years. The relevant declaration came into force with
the coming into force of the Rome Statute, for Colombia, on 1 November 2002 and expired on 31 October 2009.
B. On 1 October 2003 the Ivorian government submitted a declaration, dated 18 April 2003, accepting the Court's
jurisdiction for "acts committed on Ivorian territory since the events of 19 September 2002."[4] Cte d'Ivoire
subsequently acceded to the Rome Statute, on 15 February 2013, and therefore is now a state party.
C. The Rome Statute entered into force for the Faroe Islands on 1 October 2006 and for Greenland on 1 October 2004.

D. France made use of article 124 of the Rome Statute to exempt war crimes committed by its nationals or on its
territory from the jurisdiction of the Court for a period of seven years. The relevant declaration came into force with
the coming into force of the Rome Statute, for France, on 1 July 2002. France withdrew its declaration on 13 August
2008 with effect from 15 June 2008.
E. Montenegro succeeded to the Rome Statute on 3 June 2006, the date of its independence from Serbia and
Montenegro, per a declaration it sent to the Secretary-General of the United Nations, which was received on 23
October 2006.
F. The Rome Statute is not in force for Tokelau.
G. The Palestinian National Authority submitted a declaration on 22 January 2009, dated the previous day, accepting the
Court's jurisdiction for "acts committed on the territory of Palestine since 1 July 2002."[19] However, on 3 April 2012
the Prosecutor of the ICC deemed the declaration invalid because the Rome Statute only permits sovereign states to
make such a declaration and Palestine was designated an "observer entity" within the United Nations (the body that is
the depositary for the Rome Statute) at the time.[20] On 29 November 2012, the United Nations General Assembly
voted in favour of recognising Palestine as a non-member observer state.[21] However, in November 2013 the Office
of the Prosecutor concluded that this decision did "not cure the legal invalidity of the 2009 declaration."[22] A second
declaration accepting the court's jurisdiction was reportedly submitted in July 2014 by Palestine's Justice Minister
Saleem al-Saqqa and General Prosecutor Ismaeil Jabr, but the Prosecutor responded that only the Head of State, Head
of Government or Minister of Foreign Affairs had the authority to make such a declaration. After failing to receive
confirmation from Minister of Foreign Affairs Riyad al-Maliki during an August meeting that the declaration had
been made on behalf of the Palestinian government, the Prosecutor concluded that the declaration was invalid
because it did not come from an authority with the power to make it.[23] On 2 September 2014, the Prosecutor
clarified that if Palestine filed a new declaration, or acceded to the Rome Statute, it would be deemed valid.[24] In
December 2014, the assembly of state parties of the ICC recognized Palestine as a "state".[25][26] A new declaration
was submitted 1 January 2015 by Palestine, dated 31 December 2014, accepting the court's jurisdiction effective 13
June 2014.[27] Palestine acceded to the Rome Statute on 2 January 2015, and therefore is now a state party.
H. Canada filed a declaration stating that it does not recognize Palestine as a state and as such it does not considers the
Rome Statute to be in force between it and Palestine.[5]
I. The Rome Statute entered into force for Anguilla; Bermuda; the British Virgin Islands; the Cayman Islands; the
Falkland Islands; Montserrat; the Pitcairn, Henderson, Ducie and Oeno Islands; Saint Helena, Ascension and Tristan
da Cunha; the Sovereign Base Areas of Akrotiri and Dhekelia; and the Turks and Caicos Islands on 11 March 2010.
The Statute entered into force for the Isle of Man on 1 February 2013.
J. Ukraine submitted a declaration accepting the jurisdiction of the court for a limited time period on 17 April
2014.[28][29] A bill to extend the jurisdiction was approved by Parliament in February 2015.[30][31]
K. On 28 August 2002, Israel declared that it no longer intended to ratify the treaty and therefore no longer bears any
legal obligations arising from its signature.[1]
L. On 26 August 2008, Sudan declared that it no longer intended to ratify the treaty and therefore no longer bears any
legal obligations arising from its signature.[1]
M. On 6 May 2002, the United States declared that it no longer intended to ratify the treaty and therefore no longer bears
any legal obligations arising from its signature.[1]

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