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Portugal and the Rome Statute

Signature, Ratification of/Accession to the Rome Statute of the ICC
Signature Date: 7 October 1998
Ratification Date: 5 February 2002
Amendments to the Rome Statute
Ratification of the Kampala Amendment to Article 8 of the Rome Statute on war crimes [poison and expanding bullets in NIAC] (2010): Yes, ratified on 11 April 2017.
Ratification of the Kampala Amendment to the Rome Statute on the crime of aggression reflected in Article 8 bis (2010): Yes, ratified on 11 April 2017.
Ratification of the Amendment to Article 124 of the Rome Statute (2015): Yes, ratified on 11 April 2017.
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [biological weapons] (2017): No
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [blinding laser weapons] (2017): No
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [non-detectable fragments] (2017): No
Ratification of the Amendments to Article 8 of the Rome Statute on war crimes [starvation as a war crime in NIAC] (2019): Yes, ratified on 26 May 2021.
Adoption of implementation legislation of the Rome Statute of the ICC

Portugal has adopted full implementing legislation of all core crimes under art. 5 of the Rome Statute via Law No. 31/2004, adapting Portuguese criminal legislation to the Statute of the International Criminal Court. Law No. 31/2004 only includes the principles on Responsibility of Commanders and other superiors and the Non-Applicability of Statute of Limitations.

Portugal has pre-existing laws on International Judicial Cooperation: Law No. 144/99 of 31 August and Law No. 65/2003 approving the legal regime of the European Arrest Warrant (arts. 2(gg) and 23(4)).

Cooperation Agreements
Ratification of Agreement on Privileges and Immunities of the Court (APIC): Yes, ratified on 3 October 2007.1
Signature of Agreement of Enforcement Sentences with the ICC: No
Signature of Agreement of Interim and Final Release with the ICC: No
Signature of Bilateral Immunity Agreement with the USA: No

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1 Portugal made a declaration in this regard.