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PGA’s vision is to contribute to the creation of a Rules-Based International Order for a more equitable, safe, sustainable and democratic world.

Netherlands and the Rome Statute

Rome Statute

Netherlands signed the Rome Statute on 18 July 1998 and deposited its instrument of ratification of the Rome Statute on 17 July 2001.

Ratification of the Agreements on Immunities and Privileges

Netherlands signed the APIC on 11 September 2003 and ratified on 24 July 2008.

Kampala Amendments of 2010

The Netherlands has not yet ratified the Amendments to the Rome Statute adopted by the 2010 Review Conference (Kampala Amendments) on the crime of aggression and on the use of certain weapons in armed conflict not of an international character. However, it did attend the Review Conference and joined the consensus to adopt the two Kampala Amendments.

Status on the domestic implementation of the Rome Statute

The ICC Implementation Act, came into force on 1 July 2002. The Act includes provisions on cooperation and gives the Dutch Government a statutory basis for transferring suspects to the ICC. Similar provisions on protection, guard and transport of suspects to the Court are included. Legal assistance provision to the Court is also foreseen.

The International Crimes Act came into force on 1 October 2003.

Agreement on Privileges and Immunities of the Court (APIC)

Netherlands signed the APIC on 11 September 2003 and ratified on 24 July 2008.

Additional Agreements

The Rome Statute, under Article 3, paragraphs 1 and 2, provides that the seat of the Court shall be established at The Hague in the Netherlands. The Netherlands and the Court have therefore signed a “Headquarters Agreement between the International Court and the Host State”, which entered into force on 1 March, 2008.

The Netherlands has not signed a Bilateral Immunity Agreement.

As a member of the European Union, and as signatory of the revised EU-ACP Cotonou Agreement, the Netherlands has recognized the importance of the ICC as a mechanism for peace and international justice, and has committed to promote the ratification and implementation of the Rome Statute, to seek to take steps towards ratification and implementation of the Rome Statute, and to fight against international crime giving due regard to the Rome Statute.

Progress and PGA Action

PGA Members have taken an active role in the implementing legislation processes in the Netherlands

In October 2011, PGA Member Mr. Harry van Bommel, MP, participated in Consultations on the Rule of Law and Justice held in the Parliament of Bangui, organized by PGA, in cooperation with the National Assembly of CAR.

On 27 January, 2009, Dutch Parliament PGA Member Pieter Omtzig presented an amendment to Council of Europe’s Parliamentary Assembly Resolution 1644, submitted by former German minister of Justice, Human Rights rapporteur of the APCE and also member of PGA, Dr. Herta Daubler Gmelin. This resolution calls for UN members to remedy weaknesses of 1593 resolution, which remits to ICC the situation of Darfur but limits, on U.S. request, the resources that the ICC may use in their investigations. The resolution was adopted with 105 votes in favour, one abstention and one vote against, supported among others by parliamentarians from Russia and Turkey.

Dutch MPs participated in several sessions of PGA’s Consultative Assembly of Parliamentarians for the ICC and the Rule of Law: I session in Ottawa (2002), II session in New York (2003), III session in Wellington (2004) and V session in Santo Domingo (2008).

PGA in the Media

Status of the Rome Statute System as of February 2024:

 
States that have ratified the Rome Statute [124]
 
States that have signed the Rome Statute but have not ratified it yet [30]
 
States that have withdrawn from the Rome Statute [2]
 
States that have neither signed nor ratified the Rome Statute
 

124 countries are States Parties to the Rome Statute of the International Criminal Court. Of these, 33 are African States, 19 are Asia-Pacific States, 19 are from Eastern Europe, 28 are from Latin American and Caribbean States, and 25 are from Western European and other States.

Publication

Parliamentary Kit on the International Criminal Court
Parliamentary Kit on the International Criminal Court

Parliamentary Kit on the International Criminal Court

It is imperative that the Rome Statute be ratified universally for the successful functioning of the Court. Parliamentarians should ensure that the ICC is truly universal.

Description

Created by the Rome Statute, the International Criminal Court (ICC) is the first permanent and independent international court capable of investigating and bringing to justice individuals who commit the most serious violations of international criminal law, international humanitarian law, and human rights.

The Rome Statute defines the crimes under the Court’s jurisdiction and provides the general principles and procedures for the operation of the Court. It also outlines the cooperation obligations of its State Parties.

It is imperative that the Rome Statute be ratified universally for the successful functioning of the Court. Parliamentarians should ensure that the ICC is truly universal.

PDF(s)

Additional Details

  • Publication Type: Toolkit
  • Author(s): Parliamentarians for Global Action

Work of PGA in this Country:

On 5-9 December, Parliamentarians for Global Action (PGA) participated in the 21st session of the Assembly of States Parties (ASP) of the International Criminal Court

PGA organized two critical side events on 8 December, which provided concrete reflections on serious issues faced by the Rome Statute system. Both events gathered high-level participation from the ICC and States representatives, as well as other civil society organizations.

For the first time in PGA’s history, the CAP-ICC was held virtually.

This year, the CAP-ICC was held virtually because of the restrictions stemming from the current global health crisis.

Zimbabwean delegation welcomed by ICC President, Judge Chile Eboe-Osuji (Nigeria).

Zimbabwean delegation welcomed by ICC President, Judge Chile Eboe-Osuji (Nigeria).

The MLA Convention was initiated in 2011 by the Core Group formed by Argentina, Belgium, Mongolia, the Netherlands, Senegal, and Slovenia.

The initiative was launched to strengthen international procedural legal framework for mutual legal assistance and extradition for the most serious international crimes.

Mrs. Barbara Lochbihler

From 5 to 12 December 2018, delegations from States Parties, observer States, international and regional organizations, and civil society gathered at the World Forum in The Hague, Netherlands, for the 17th Session of the Assembly of States Parties (ASP).

17 July, Day of International Justice and 20th of the Rome Statute.

PGA co-sponsored a high-level ministerial event at the UN to celebrate the 20th anniversary of the Rome Statute, International Justice Day, and the entry into force of the Court’s jurisdiction over the crime of aggression.

Mr. Michiel Servaes, MP (The Netherlands) in a Member of Parliamentarians for Global Action (PGA)

Parliamentary questions about the withdrawal of African countries from the International Criminal Court

Ahmad Al Faqi Al Mahdi on trial in the ICC in The Hague. ©ICC-CPI

ICC Trial Chamber VIII declares Mr Al Mahdi guilty of the war crime of attacking historic and religious buildings in Timbuktu and sentences him to nine years’ imprisonment.

Threats to human rights defenders are a threat to freedom and democracy that must be firmly rejected and treated with the utmost urgency by national authorities.

PGA expresses its deep concern and condemnation of escalating death threats and intimidation against human rights defenders based in The Hague working on International Criminal Court-related issues.

Ugandan MPs visit the Hague to enhance Cooperation with ICC

On 18-22 April 2016, PGA facilitated the visit of a high-level Parliamentary Delegation from Uganda to The Hague.

Ugandan MPs visit ICC to participate at 14th TFV Directors meeting and enhance Cooperation with ICC

Members of the PGA National Group Uganda visited the International Criminal Court (ICC) to engage in high-level bilateral meetings with representatives of ICC, Government officials and Dutch MPs.

The Parliament of The Netherlands voted in favour of the ratification of the Kampala Amendments on 1 December 2015

During its voting session of December 1st, the Parliament of The Netherlands voted in favour of the ratification of the Kampala Amendments to the Rome Statute of the ICC.

Visit of Delegation of Parliamentarians from El Salvador to the Hague

Legislators agreed that, given that misconceptions and misperceptions around the Rome Statute had now been clarified, there was room for consensus in favor of ratification.

El Salvadorian Delegation with the President of the ICC and PGA’s team

On 28th and 29th September 2015, PGA facilitated the visit of a delegation of parliamentarians from the Foreign Affairs Committee of El Salvador to The Hague

From Left to Right: Dr. David Donat Cattin, Mr. Christian Nygard Nissen, Mr. Nicos Argyrides, representative from the Ukrainian Embassy translating, Mrs. Iryna Lutsenko and Ms. Olena Suslova from the NGO Women’s Information Consultative Center

The delegation led by the Women’s Information Consultative Center from Ukraine that visited The Hague to learn about best practices regarding women’s protection from Sexual and Gender Based Violence (SGBV)

Mr. Harry van Bommel, MP, The Netherlands, “PGA Member of the month May 2015”

The PGA Secretariat has the pleasure of highlighting this month’s work on the ratification of the Rome Statute by Armenia, with 10 questions to Mr. Harry van Bommel, MP, The Netherlands.

Rostyslav Gerasymov (delegation expert), Victor Pylypyshyn (MP, Ukraine), Sergiy Kivalov (MP, Ukraine and PGA Member), Judge Sang-Hyun Song (President of ICC) and Larissa Tkach (delegation expert)

PGA organized this week a visit to The Hague and the International Criminal Court by a Delegation of Members of the Verkhovna Rada Ukrainy, the Parliament of Ukraine.

Image © Harvard Kennedy School

The panel discussed the annexation and aggression and the effectiveness of international law/international criminal law in these situations.

The Delegation was comprised of the Minister of State for Foreign Affairs and Foreign Trade,  Arnaldo Brown MP as well as Denise Daley MP and Senator Sophia Frasier-Binns.

2014-January-High Level Parliamentary Delegation from Jamaica to the ICC PGA Activity 2013 Activity

The PGA delegation met with many Parliamentarians, stakeholders and relevant actors in the DRC who all agreed that the principle of complementarity necessitates the full implementation of the Rome Statute of the ICC within the Congolese legal order.

From 29 September to 3 October 2013, PGA conducted a field mission in Kinshasa (Democratic Republic of the Congo – DRC) in the framework of the PGA Complementarity Project to generate political will for the fight against impunity through genuine domestic