Loading...

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

Democratic Republic of the Congo (DRC) and the Rome Statute

PGA Members in the Democratic Republic of Congo (DRC) – both in the National Parliament and in Provincial Assemblies - have been mobilized on promoting the fight against impunity since 2006. These efforts culminated in the adoption of a legislation fully implementing the Rome Statute on 31 December 2015. This legislation also establishes the competence of civilian courts over international cries and organizes cooperation with the ICC. PGA Members remain mobilized on promoting the ratification of the amendments to the Rome Statute.

Signature, Ratification of/Accession to the Rome Statute of the ICC
Signature Date: 8 September 2000
Ratification Date: 11 April 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): No
Ratification of the Kampala Amendment to the Rome Statute on the crime of aggression reflected in Article 8 bis (2010): No
Ratification of the Amendment to Article 124 of the Rome Statute (2015): No
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): No
Adoption of implementation legislation of the Rome Statute of the ICC

The Congolese Criminal Code, Military Criminal Code, and Code of Criminal Procedure were modified respectively by bill n°15/022, bill n°15/023, and bill n°15/024 of 31 December 2015 to fully implement the substantial and cooperation provisions of the Rome Statute. Bill nº 15/022 refers to all the general principles under the Rome Statute.

Cooperation Agreements
Ratification of Agreement on Privileges and Immunities of the Court (APIC): Yes, acceded on 3 July 2007.
Signature of Agreement of Enforcement Sentences with the ICC: No, however the DRC has adopted two ad hoc agreements.
Signature of Agreement of Interim and Final Release with the ICC: No.
Signature of Bilateral Immunity Agreement with the USA: Yes, signed at Washington on 19 March 2003 and entered into force on 22 July 2003.
Key Documents

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:

PGA Members in DRC condemn recent acts of violence in Ituri and call for justice

The region of Ituri has in the recent weeks suffered from numerous exactions committed by armed groups against civilians, including women and children.

PGA President Margareta Cederfelt, MP (Sweden), appeals to the international community at the United Nations: "there is no lasting peace without justice and no justice as long as there is impunity."

International Justice Day is commemorated on 17 July, marking the 21st anniversary of the adoption of the Rome Statute of the International Criminal Court.

Parliamentarians and experts met in Banjul to explore mechanisms designed to provide accountability for serious human rights violations and international crimes.

On 3 and 4 July 2019, the National Assembly of the Gambia hosted over 40 participants, representing more than 15 African States, to participate in the Working Group on the Fight against Impunity in Africa.

PGA Member Dep. Emmanuel Adubang’o Ali

PGA Members in the DRC call on the Prosecutor at the International Criminal Court (ICC) and the Prosecutor at the Bunia Court of Appeal to investigate and prosecute alleged perpetrators of international crimes...

Palais du People, Kinshasa: Photo: wiki commons

Attacks against civilians can be qualified as crimes against humanity and perpetrators shall be brought to justice.

Mr. Bosco Ntaganda stands accused of 13 counts of war crimes and 5 counts of crimes against humanity, alleged to have been committed in Ituri in 2002 and 2003, at the end of the Second Congo War.

Mr. Bosco Ntaganda stands accused of 13 counts of war crimes and 5 counts of crimes against humanity, alleged to have been committed in Ituri in 2002 and 2003, at the end of the Second Congo War.

Whether Mr. Yahya Jammeh stays in Equatorial Guinea, finds refuge elsewhere or eventually comes back to the Gambia, competent Courts shall investigate any serious human rights violation that may have characterized his decades-long administration.

Members of Parliamentarians for Global Action (PGA) welcome the successful efforts deployed by the Economic Community of West African States (ECOWAS) and its Member States, which resulted in a peaceful transfer of power in the Gambia last week.

Parliamentarians from Francophone African Countries have sent a strong message confirming their commitment to the Rule of Law and Justice by adopting the Action Plan Lomé 2016

The Working Group on the fight against impunity in Francophone African countries held its second meeting on 10 and 11 November 2016, in Lomé (Togo).

PGA Member Honorable Emery Okundji.

Statement presented by Honorable Emery Okundji, MP (Democratic Republic of Congo) on behalf of PGA at the General Debate of the 15th Assembly of States Parties to the Rome Statute.

PGA Members from across the African continent and the rest of the world have chosen to stand up for justice and are asking their South-African peers to make sure that the withdrawal does not go through.

News broke today that the Government of South Africa has notified the United Nations Secretary General of its intention to withdraw from the Rome Statute of the International Criminal Court (ICC).

On 12 October 2016, the National Assembly and the Senate of the Republic of Burundi voted massively in favor of the country withdrawing from the Rome Statute of the International Criminal Court (ICC).

Burundi voted massively in favor of the country withdrawing from the Rome Statute of the International Criminal Court (ICC)

Should the acts of violence occurring in DRC amount to international crimes, the ICC would be able to exercise its jurisdiction and investigate and prosecute the authors of such acts. Photo: MONUSCO/Marie-Jeanne LAMAH

Parliamentarians for Global Action (PGA) and its Members have been alarmed by the reports covering the violent events that occurred in the past few days in the Democratic Republic of Congo (DRC) and particularly in Kinshasa.

On 2 January 2016, the President of the Democratic Republic of the Congo (DRC), Joseph Kabila, promulgated the Law implementing the Rome Statute of the ICC

On 2 January 2016, the President of the Democratic Republic of the Congo (DRC), Joseph Kabila, promulgated the Law implementing the Rome Statute of the ICC

 Image: Seminar for DRC Legislators on policy measures to implement complementarity, National Assembly of the DR Congo, June 2013

Today, the Senate of the Democratic Republic of the Congo (DRC) voted quasi unanimously for the adoption of the Law implementing the Rome Statute of the International Criminal Court (ICC) in the domestic legal order.

Dep. Dieudonné Upira, Chair of the PGA-DRC National Group

On 2 June the Chamber of Deputies of the DRC voted unanimously for the adoption of the Law to Implement the Rome Statute of the ICC in the domestic legal order.

Dep. Dieudonné Upira, Chair of the PGA-DRC Group stressed the importance of adopting promptly the Draft legislation to implement the ICC Statute in the DRC.

PGA together with Réseau Parlementaire pour les droits humains (Repadhoc) organized a workshop where 60 MPs from DRC discussed the challenges of putting an end to impunity for those allegedly responsible for the commission of international crimes in th

PGA convened a “Parliamentary Conference and Peers’ Review Roundtable: Giving Full Effect to Principle of Complementarity Efforts in Uganda and the DR Congo”

PGA convened a “Parliamentary Conference and Peers’ Review Roundtable: Giving Full Effect to Principle of Complementarity Efforts in Uganda and the DR Congo”

Omar Hassan Al-Bashir  addresses the general debate of the sixty-first session of the General Assembly, at UN Headquarters in New York in 2006. UN Photo/Marco Castro.

PGA members condemn the visit of President Al Bashir to the Democratic Republic of the Congo and call the Congolese authorities to fulfil their obligations to cooperate with the International Criminal Court under the Rome Statute of the ICC

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

The Seminar was hosted by the Parliament of the DRC in Kinshasa.

In the context of the ongoing process to reform the judicial system of the Democratic Republic of the Congo and to fight against impunity for the most serious crimes of international concern, PGA organised a “Seminar for Legislators on measures to impleme