***46th PGA Annual Forum and 4th Consultative Assembly of Parliamentarians for the Oceans, 26 - 27 March 2026, Mexico City. *** REGISTER HERE
***46th PGA Annual Forum and 4th Consultative Assembly of Parliamentarians for the Oceans, 26 - 27 March 2026, Mexico City. *** REGISTER HERE
Since 2000, PGA has been working in Ecuador with a multiparty group, promoting the fight against impunity, notably through the ratification and domestic implementation of the Rome Statute of the International Criminal Court (ICC). Those efforts were successful and paved the way for the ratification of the Rome Statute in 2002.
After the ratification, PGA’s priority in Ecuador has been the adoption of complete domestic legislation containing the crimes and core principles included in the Rome Statute as well as provisions to set a national mechanism to fulfill the cooperation obligation with the ICC.
To accomplish these goals, PGA has provided political and technical assistance to its members through the organization of Seminars in the country and the Americas region, the provision of legal comments to the Organic Criminal Code Bill in 2013, and the amendments to the adopted Organic Criminal Code in 2014, and the PGA Reference Law on Cooperation with the ICC for the Latin American Countries.
PGA’s work regarding implementing the Rome Statute of the ICC in Ecuador has been extensive. After the participation of two important parliamentarians, Dip. Rosana Alvarado, then first vice president of the National Assembly and Dip. Fernando Bustamante, then President of the Sovereignty, Integration, International Affairs, and Security Committee in the PGA Workshop on the Challenges of the Rome Statute in the Americas on September 2013 and upon written request, PGA provided guidance and technical assistance to modify the proposed bill to amend the Criminal and Criminal Procedural Codes which included the definition of the Crime of Aggression. PGA recommended, inter alia, that the definition of crimes against humanity should include all the acts mentioned in the Rome Statute and that a specific Chapter should be developed with specific rules on cooperation with the ICC.
The Organic Code, which was adopted by Parliament on 10 February 2014, incorporated most of PGA’s recommendations. After the participation of PGA member Marisol Peñafiel in the Workshop on the Challenges of the Rome Statute in the Americas in August 2014 and taking the opportunity that the Organic Criminal Code was opened for review, Dip. Peñafiel introduced amendments to such Code in December 2014 while considering the comments received by PGA in collaboration with two other NGOs to make the code fully compatible with the provisions of the Rome Statute. Moreover, Dip. Peñafiel requested PGA’s technical assistance in drafting a law that creates the necessary mechanisms to allow Ecuador to fully cooperate with the ICC. Provisions were included on the interim release, privileges and immunities of court officials, and the enforcement of sentences. The Bill was drafted following PGA’s Reference Cooperation Law for Latin American Countries and was introduced to the Parliament on 4 February 2015.
Following the commitment made during PGA’s 2021 parliamentary workshop on the implementation of international standards to fight against impunity for atrocity crimes, Dip. Esther Cuesta Santana (member of the Executive Committee and president of the National Group in the country) presented, on 13 October 2022, a Draft Organic Law on Cooperation of the Ecuadorian State with the International Criminal Court (available in Spanish). The Bill passed muster at the Legislative Administration Council and was sent to the Permanent Specialized Commission of International Relations and Human Mobility. On 10 April 2023, the International Relations Commission approved the report of the first debate on the draft Law on Cooperation (link available in Spanish).
On 14 March 2024, the Plenary of the National Assembly of Ecuador unanimously approved (available in Spanish), with 119 votes, the Law on Cooperation between Ecuador and the International Criminal Court (ICC), which received technical support from Parliamentarians for Global Action. The executive branch then reviewed the Bill, and President Daniel Noboa submitted a partial objection on 17 April, which the National Assembly resolved on 8 May (available in Spanish) and requested its immediate publication. The Law was officially published on 16 May 2024 (available in Spanish), marking a significant milestone in Ecuador’s journey towards ensuring effective international justice.
| 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): | No |
| Ratification of the Kampala Amendment to the Rome Statute on the crime of aggression reflected in Article 8 bis (2010): | Yes, ratified on 25 September 2019 |
| 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 | |
|---|---|
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The Integral Organic Criminal Code of 10 February 2014 (Amended in 2021) incorporates the provisions of the Rome Statute defining the crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. However, very few acts under crimes against humanity, war crimes, and the crime of aggression are not codified by the Integral Organic Criminal Code.
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| Cooperation Agreements | |
|---|---|
| Ratification of Agreement on Privileges and Immunities of the Court (APIC): | Yes, ratified on 19 April 2006. |
| 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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125 countries are States Parties to the Rome Statute of the International Criminal Court. Of these, 33 are African States, 19 are Asia-Pacific States, 20 are from Eastern Europe, 28 are from Latin American and Caribbean States, and 25 are from Western European and other States. |
PGA enthusiastically applauds the National Assembly of Ecuador for its momentous decision to adopt the Organic Law on Cooperation between the State of Ecuador and the International Criminal Court.
This update focuses on obstacles PGA overcame and its successes during the first half of 2021 amid the limitations caused by the global pandemic, which compelled the Secretariat and Members to Adapt and Innovate more than ever.
Participants and panelists had the opportunity to discuss several situations in the region under the current challenging global context caused by the COVID-19 pandemic and the social protests that have taken place in several countries.
As 2019 comes to a close, we at Parliamentarians for Global Action (PGA) look back at a year that saw impressive gains in the fight against impunity, but also some setbacks.
New York/Quito, 23 April 2019 – Today, the National Assembly of Ecuador approved the ratification of the Kampala Amendments to the Rome Statute of the International Criminal Court (ICC of the Court) on the crime of aggression.
The Commission of Sovereignty, Integration, International Relations and Integral Security of the National Assembly of Ecuador unanimously approved the report on the ratification of the Kampala Amendments to the Rome Statute on the crime of aggression.
The members of the Legislative Administrative Council met on Tuesday, 29 January 2019 to evaluate several bills.
Ecuadorian PGA members commited to further the implementation of the Rome Statute.
This Seminar was hosted by the National Congress of Honduras on 18 and 19 October 2018, in the capital city Tegucigalpa.
On 15 March 2018, Parliamentarians for Global Action (PGA), participated in the 10th Special Session of the Organization of American States (OAS) on the International Criminal Court (ICC), organized by the OAS Committee on Juridical and Political Affairs.
On 20 March 2017, the Justice Committee of the National Assembly of Ecuador held a Hearing to discuss the reforms introduced by Dip. Marisol Peñafiel.
On 21 September 2016, Dip. Marisol Peñafiel, Chair of the PGA National Group of Ecuador, tabled a bill to amend the Criminal Code and include national mechanisms to enhance the cooperation with the ICC.
On 7 July 2016, in the framework of its Parliamentary Campaign for the Effectiveness and Universality of the Rome Statute, Parliamentarians for Global Action (PGA) organized Consultations on the Implementation of the Rome Statute and Support to the Court.
Parliamentary Seminar and a Technical Workshop in the framework of the Campaign for the Rome Statute of the ICC for the Effectiveness of the Rome Statute of the International Criminal Court
PGA together with the Government and Parliament of Ecuador, organized, a Technical Round-Table on the full implementation of the Rome Statute and the ratification of the Kampala Amendments by Ecuador.
PGA, together with the National Assembly of Ecuador, convened a Technical Round Table on the Implementation of the Rome Statute
The intense activities and discussions brought together over 25 Parliamentarians from 12 different Latin American States.
In September 2013, PGA organized a Parliamentary Seminar and a technical Roundtable in the framework of a Sub-Regional Working Group on Challenges for the Effectiveness of the Rome Statute system in the Americas.
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.
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.
Criteria and recommendations for parliamentarians to improve national nomination procedures for International Criminal Court judicial candidates.
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.
A handbook aimed at assisting States in ratifying the Kampala Amendments, helping criminalize the most serious forms of the illegal use of force.
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.
