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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.

Burundi and the Rome Statute

Rome Statute

Burundi deposited its instrument of ratification to the Rome Statute on 21 September 2004. However, Burundi has withdrawn from the Rome Statute. The withdrawal took effect on 27 October 2017.

Kampala Amendments of 2010

Burundi did not ratify the Kampala Amendments on the Crime of Aggression. Burundi attended the Review Conference and joined the consensus to adopt the two Kampala Amendments.

According to the information available, there is concrete progress towards the ratification by Burundi of the amendments on the crime of aggression.

status on the domestic implementation of the rome statute

Rome Statute crimes’ partial legislation passed in 2003 with the support of PGA multi-party leadership. On 22 April 2009, the Burundian Parliament adopted a revised version of the penal code, which fully incorporates war crimes, crimes against humanity and genocide. However, the Rome Statute is still not fully implemented in particular regarding cooperation with the ICC.

Agreement on Privileges and Immunities of the Court (APIC)

Burundi did not sign the APIC.

Additional Agreements

Burundi signed a Bilateral Immunity Agreement on 5 July 2003, which entered into force on 24 July 2003, with the United States, regarding the surrender of persons to the ICC. However, this agreement has never been ratified by the Parliament of Burundi.

Progress and action

Thanks to the multi-party leadership and mobilisation of PGA Members, the new penal code is enacted in April 2009, which contains a comprehensive definitions of genocide, war crimes, and crimes against humanity included in the Rome Statute (but also in Geneva Conventions of 1949, and the Convention against Genocide). The pro-active initiative of PGA members led to the inclusion of article 197, point 2aa, which defines the recruitment of children under 18 years of age as a war crime, going thus beyond the the Rome Statute which only considers the recruitment of children under the age of 15 as a war crime.

However, legislation on cooperation is still lacking and PGA continues working on this crucial issue, with its PGA Members who are currently very active working to create political will in preparation of legislation on cooperation. The PGA secretariat provided technical assistance to Hon. Fidèle Mbunde, former PGA Member and Chair of the LegalAffairs and Legislation Committee of the Burundian Parliament, and with other current PGA Members in the Burundian parliament. 

Additional information

As a member of the African, Caribbean and Pacific community (ACP), and as signatory of the revised Cotonou Agreement with of the ACP and European Union, Burundi 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 the ratification and the implementation of the Rome Some Statute, and to fight against international crime giving due regard to the Rome Statute. For more information on the work of PGA within the ACP-EU mechanism. See PGA work through the ACP-EU Joint Parliamentary Assembly.

Human Rights Council Universal Periodic Review:

In the second cycle of the UPR in January 2013, Burundi accepted two recommendations from Tunisia and Costa Rica to fully implement the Rome Statute into its domestic legislation, in particular regarding cooperation. Burundi’s next UPR is scheduled in October 2017.

 

Key Documents
Related Activities

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:

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

PGA holds the 2nd Meeting of the Working Group on the Fight against Impunity in Francophone African Countries in Lomé, Togo

The meeting aimed at promoting the universality and full implementation of the Rome Statute and the fight against impunity in Francophone African countries, especially against the backdrop of criticism the International Criminal Court has been facing...

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

Questions asked by Servaes (PvdA) to the Minister of Foreign Affairs on the withdrawal of African countries from the International Criminal Court

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

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).

PGA Members Share Deep Concerns at the Overwhelming Vote of the Parliament of Burundi in Favour of Withdrawal from the Rome Statute of the International Criminal Court

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

David Donat Cattin, Secretary-General, Parliamentarians for Global Action

The Fight against Impunity for the most serious crimes under International Law is an imperative for the International Community as a whole

Is the International Community Abandoning the Fight Against Impunity? Intervention by David Donat Cattin (Ph.D., Law), Secretary-General, Parliamentarians for Global Action; Adjunct Professor of International Law, NYU Center for Global Affairs

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)