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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.

Fiji and the Rome Statute

Government type:

Parliamentary republic

Objectives:

  • Implementation of the Rome Statute provisions on cooperation with the ICC

  • Ratification of Kampala Amendments

  • Signing of Voluntary agreements on cooperation with the ICC

Status

  • Rome Statute: Ratified on 29 November 1999

  • APIC: not signed or acceded

  • Amendments to the RS: none

  • BNSA: Executive Agreement; Signed and entered into force 17 December 2003

  • Voluntary Agreements with the ICC: none

Status of Implementation of the Rome Statute

  • Complementarity: Enacted, but incomplete (Crimes Decree 44/2009). It incorporates the crimes of genocide and crimes against humanity into Fijian law. It empowers the Fijian Supreme Court to try any person in Fiji who is accused of such crimes, whether or not such crimes were committed in Fiji or had any effect in Fiji.

    • Missing provisions: War crimes (partially covered by the Geneva Conventions Promulgation of 2007 (Amended in 2009) and general principles

  • Cooperation: None

Background:

ASP
During the most recent statement during the 9th ASP session, the representative of Fiji, highlighted the importance of the outcome of the Review Conference in Kampala and called upon need for action on the declarations made, saying that "the momentum gained in Kampala gives hope to the positive development of international criminal law in combating impunity aid attaining justice and peace.". He continues by stating that it was "essential to fully implement the commitments regarding cooperation, complementarity and concern for the suffering of the victims and affected communities".

UPR
During the 2nd cycle of UPR review in 2014 (20th UPR sessions), Fiji accepted recommendations to fully align its national legislation with the Rome Statute of the International Criminal Court and ratify the Agreement on Privileges and Immunities of the Court.

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

The Executive Agreement on non- surrender concluded with the US could be a hindrance towards further implementation of provisions on cooperation with the ICC and ratification of the Kampala Amendments.

Press Coverage

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 ACP-EU Joint Parliamentary Assembly has been, since the establishment of the International Criminal Court, a forum for political support to the recognition of the important development for peace and international justice.

African, Caribbean and Pacific-European Union Joint Parliamentary Assembly

The ACP–EU Joint Parliamentary Assembly was created to bring together the members of the European Parliament and the elected representatives of the ACP countries that have signed the Cotonou Agreement.

Pacific Islands States Commit to Advancing International Criminal Justice

Pacific Islands States Commit to Advancing International Criminal Justice

On 31 May 2019, more than 40 members of parliament, government representatives, and senior diplomats convened at a strategic high-level event in Vanuatu, to promote the advancement of international criminal justice in the Pacific Islands region.

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)