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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.

Australia and the Rome Statute

Government type:

Parliamentary democracy (Federal Parliament) under a constitutional monarchy; a Commonwealth realm

Objectives:

  • Ratification of Kampala Amendments

  • Ratification of APIC

  • Signing of Voluntary agreements on cooperation with the ICC

Status

  • Rome Statute: Ratified on 01 July 2002

  • APIC: not signed or acceded

  • Amendments to the RS: none

  • BNSA: none

  • Voluntary Agreements with the ICC: none

Status of Implementation of the Rome Statute

  • Complementarity: Enacted (International Criminal Court Consequential Amendments) Act 2002 (No. 42, 2002) +War Crimes Act 1945, War Crimes Amendments Act 1988, + Division 268 of the Criminal Code Act 1995 Vol 2;

    • Missing provisions: Art. 27 (Irrelevance of official capacity)
      Art. 29 (Non-applicability of Statute of limitations)
      Non- applicability of amnesties

  • Cooperation: Enacted (the International Criminal Court Act 2002 (Act No. 41 of 2002 as amended)

    • Central Authority: Attorney- General

Activities by PGA members:

In November 2015, members of PGA's Australian National Group, led by the Chair of the PGA National Group, Hon. Melissa Parke, MP, met with experts to discuss the important role of the ICC in Australia, and the country's leadership role in securing stability and peace in the region, and in the promotion of the fight against impunity, democracy and good governance under the Rule of Law. During the meeting, Hon. Parke also touched on the important role Australia has to play in the Asia Pacific region as an example for effective ratification and implementation of the Rome Statute.

Potential obstacles towards full implementation of the Rome Statute and ratification of the Kampala Amendments

Australia might face investigations of potential crimes against humanity regarding the plight of refugees and migrant workers in Australian detention centers on Nauru. In February 2017, the Global Legal Action Network and the Stanford International Human Rights Clinic submitted a 108-page dossier to the ICC calling for an investigation into possible "crimes against humanity committed by individual and corporate actors." The fact that Australia might face these accusations could jeopardize the political willingness to take further action towards the ratification of the Kampala Amendments.

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.

Work of PGA in this Country:

Ms. Melissa Parke, MP (Australia)

Roundtable: The Role of Australia in Realizing an Effective International Criminal Court (ICC)

Members of PGA’s Australian National Group met with experts to discuss the important role of the ICC in Australia

All speakers and participants agreed that there was no outstanding political or legal obstacle to Indonesia’s Accession to the Rome Statute.

Working Meeting on ICC in Parliament of Indonesia

On February 17, 2009, PGA organised a Working Meeting on the International Criminal Court hosted by the Chairs of Commission III (Law and HumanRights), Commission I (Defense and Foreign Affairs) and the Legislative Council of the Indonesian Parliament. Du

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

Publication

Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)
Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)

Handbook for Parliamentarians: National Nomination of Judicial Candidates for the International Criminal Court (ICC)

Description

The ICC is the first and only permanent independent court with the mandate to investigate and prosecute individuals responsible for committing international crimes, namely genocide, crimes against humanity, war crimes, and the crime of aggression. Its 18 judges from around the world, elected for a nine-year term, play a key role in ensuring this expectation is lived up to through their primary mandate to render authoritative and high-quality jurisprudence and guarantee fair trials.

Therefore, the quality of the judges has fundamental importance to the performance, efficiency, and effectiveness of the ICC, which is at the heart of the long-term success of the ICC and the Rome Statute system as a whole. In this handbook, PGA sets forth specific criteria and recommendations for Parliamentarians to encourage their governments to improve national nomination procedures for ICC judicial candidates and adopt good practices and requirements to ensure these processes are fair, transparent, and merit-based. The goal of robust nomination procedures is to ensure that only candidate judges or jurists of the highest caliber make it on the ballot.

PDF(s)

Additional Details

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

Publication

Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court
Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court

Handbook: Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the International Criminal Court

Description

It is our honor and privilege to present to you the Third Edition of the Handbook on the Ratification and Implementation of the Kampala Amendments on the Crime of Aggression to the Rome Statute of the ICC.

It is the product of our collaborative effort aimed at assisting States in ratifying the amendments adopted by consensus in Kampala and helping criminalize the most serious forms of the illegal use of force.

PDF(s)

Additional Details

  • Publication Type: Handbook
  • Author(s): Permanent Mission of the Principality of Liechtenstein to the United Nations; Global Institute for the Prevention of Aggression; Liechtenstein Institute on Self-Determination at Princeton University (LISD); (Drafting Assistance by PGA)