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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.

Austria and the Rome Statute

Status of the Rome Statue

Austria signed the Rome Statute on 7 October 1999 and deposited its instrument of ratification on 28 December 2000.

On April 29th, 2014, the Austrian Parliament (upper house) voted in favor of ratifying the Kampala Amendments. The parliament voted unanimously in regards Resolution 5 amending article 8 of the Rome Statute on War Crimes; and against the opposition party regarding the Amendments on the Crime of Aggression (Res.6,  Art. 8bis, 15bis and 15ter).

Our leading member in Austria, Ms. Petra Bayr MP, has been working tirelessly on this with posing questions to the government, mobilizing MPs in Austria and raising awareness amongst the media.”

Kampala Amendments

Austria ratified the Kampala Amendments on 17 July, 2014.

Ratification of the Agreements on Immunities and Privileges

Austria signed the APIC on 10 September 2002 and ratified it on 17 December 2003.

Status on the domestic implementation of the Rome Statute

The Austrian parliament unanimously approved the Cooperation Law on 10 July 2002, which entered into force on 1 October 2002 (Austrian Federal Law Gazette I Nr.135/2002). This law incorporates full the provisions on cooperation contained in Part 9 of the Rome Statute, and on enforcement of sentences contained in Part 10.

On 27 October 2005, Austria signed an Agreement with the ICC on the Enforcement of Sentences (Austrian Federal Law Gazette III Nr. 201/2005).

On the basis of Article 9 of the Federal Constitutional Law the norms contained in the Rome Statute are part of Austrian Federal Law. The Austrian Penal Code contains the definition on genocide, but lacks the definition of crimes against humanity, war crimes, and crime of aggression as contained in the Rome Statute. Since 2008, the Austrian Government has been working on the drafting of legislation to incorporate fully the substantive norms of the Rome Statute.

Section 64 para. 1 subparas. 4, 5, 6, 9 and 10, and Section 65 para. 1 subpara. 2, of the Austrian Penal Code (Austrian Federal Law Gazette Nr. 60 /1974, as amended) provides for universal jurisdiction. Universal jurisdiction is provided for a non- exhaustive list of offences, such as acts of slavery, trafficking in human beings, counterfeiting, piracy and terrorism. .

Agreement on Privileges and Immunities of the Court (APIC)

Austria signed the APIC on 10 September 2002 and ratified it on 17 December 2003.

Additional Agreements

Austria signed an Agreement with the ICC on the Enforcement of Sentences on 27 October 2005, becoming the first state to sign such an agreement with the Court. The agreement entered into force on 26. November 2005 (Austrian Federal Law Gazette III Nr. 201/2005).

On 10 July 2002, the Law on Cooperation with the ICC was unanimously approved by the Austrian Parliament, which provides the legal basis for complying with requests of the ICC for the surrender of persons and for other forms of assistance. By way of this law, and with a view to enforcing prison sentences imposed by the Court, Austria can accept convicted persons on its territory. The ratification bill was signed by the Federal President after parliamentary approval and entered into force on 1 October 2002 (Austrian Federal Law Gazette I Nr.135/2002).

Section 42 of this law on Cooperation with the ICC, provides for the execution of reparation orders of the ICC for victims. If the ICC requests so by an order or decision, reparations can be executed in Austria. However, there are no rules dealing specifically with reparations for crimes under the Rome Statue (general rules for ordinary crimes apply).

As a member of the European Union the Austria is bound to implement the EU Common Position on the ICC and its 2011 action Plan (for more information click here. Furthermore the UK is a signatory of the revised EU-African, Caribbean and Pacific Community (ACP) Cotonou Agreement (for more information on the work of PGA within the ACP-EU mechanism click here.)

The non-surrender agreement with the US was publicly rejected.

Progress and PGA Activity

On 29 - 30 May 2006, Briefings for CIS Parliamentarians and Delegates, University of Salzburg, Austria. This event was organised by PGA in the framework a broader cooperation between the Campaign for the Rome Statute of the ICC and the Austrian rotating Presidency of the EU, which organised in Salzburg on the same dates a conference with representatives of former USSR countries on the ICC, regarding which PGA promoted the participation of active MPs from Armenia, Georgia and Russia.

Human Rights Council Universal Periodic Review:

Within the UN Human Rights Council Universal Periodic Review (UPR) 1st cycle, Austria has been a staunch promoter of the universality of the Rome Statute. It has recommended to 8 states (Armenia, Cote d'Ivoire, Kuwait, Kyrgyzstan, Maldives, Ukraine, Myanmar, United States) to consider the ratification of the Rome Statute as a human rights objective.

Resources
Media Coverage
Related Pages

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:

The 10th Consultative Assembly of Parliamentarians for the International Criminal Court and the Rule of Law (CAP-ICC) and 40th Annual Forum of PGA took place 16-17 November 2018 in Kyiv, Ukraine.

10th CAP-ICC and 40th Annual Forum of PGA

Parliament of Ukraine in Kyiv, 16-17 November 2018.

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

20th Anniversary of the Rome Statute: the need for universality and activation of the jurisdiction of the International Criminal Court over the crime of aggression

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.

The 7th Session of PGA’s Working Group on the Universality of the Rome Statute of the International Criminal Court in the Middle East and North Africa (MENA) Region was held in Dakar, Senegal.

7th Session of the Middle East and North Africa Region (MENA) Working Group

On December 8, the 7th Session of PGA’s Working Group on the Universality of the Rome Statute of the International Criminal Court in the Middle East and North Africa (MENA) Region was held in Dakar, Senegal.

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.

PGA Members Call on South African MPs to Stand Against Impunity in reaction to South African Government’s Decision to Withdraw from the Rome Statute of the International Criminal Court

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).

PGA welcomes the European Parliament’s adoption of the Resolution on the crime of aggression (Kampala Amendments).

European Parliament Adopts Resolution Calling On States To Ratify The Kampala Amendments

PGA welcomes the European Parliament’s adoption of the Resolution on the crime of aggression (Kampala Amendments).

PGA Roundtable on Ending Impunity for International Crimes through Multilateral Interstate Cooperation

PGA Roundtable on Ending Impunity for International Crimes through Multilateral Interstate Cooperation

On the occasion of the 23rd session of the Commission on Crime Prevention and Criminal Justice (CCPCJ) that took place from 12-16 of May 2014 at the United Nations Office for Drugs and Crime (UNODC) in Vienna, Austria, PGA organized a Round-Table...

Ms. Petra Bayr, MP (Austria). Photo: SPÖ Presse und Kommunikation

Austrian PGA Member Questions Government regarding the ratification of the Kampala Amendments

Member of Parliament Ms. Petra Bayr and Colleagues to the Federal Minister for European and International Affairs concerning the introduction of the Crime of Aggression, the fifth criminal offense before the International Criminal Court.

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)