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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.

Mexico and the Rome Statute

In 2011, Mexico was reviewing its Federal Criminal Code. The Mexican Ministry of Foreign Affairs worked on a draft Rome Statute implementing legislation that would be adopted as a specific section within the Federal Criminal Code. During the Review Conference, Mexico had pledged to present an amendment bill in the first trimester of 2011.

Regarding the legislation on cooperation with the International Criminal Court (ICC), on 15 December 2009, the Mexican Senate submitted a bill to the Lower House of Congress (Cámara de Diputados). One of the obstacles to the approval of this bill derived from a 2005 amendment to article 21 of the Constitution, which added paragraph 8 establishing that “the Executive can, upon the approval by the Senate on a case-by-case basis, recognize the jurisdiction of the ICC.” Academics and civil society have considered this amendment incompatible with the Rome Statute.

Since 2012, PGA has been working on the implementation of the Rome Statute in Mexico. Due to internal political issues, the implementation bill and the constitutional amendment to remove possible obstacles to cooperating with the ICC have been delayed. Several requests from various political parties have prompted PGA to provide advice and technical support on the ICC cooperation bill and encourage the Executive to submit a complementarity bill and proposal to bring the penal code in line with the Rome Statute.

On 16-17 September 2013, PGA organized a Sub-Regional Working Group on Challenges for the Effectiveness of the Rome Statute system in the Americas at the Parliament of Uruguay, Montevideo, attended by two MPs from Mexico. In this Workshop on implementing legislation, parliamentarians asked experts about implementing the Rome Statute in their own countries. PGA pointed out that there was a significant legal barrier in the Constitution of Mexico to allow cooperation with the ICC. After the Workshop, two PGA members from the opposition presented, on 10 February 2014, in Legislature LXII of the House of Representatives, an initiative to amend the eighth paragraph of Article 21 and enable effective cooperation with the ICC by eliminating the need for a decision of the Executive in consultation with the Senate when the ICC requests cooperation. PGA issued a Press Release encouraging its members from Latin America to send an open letter in support of the initiative and called on other MPs to support it. In March 2014, Dip. Ortiz and Dip. Tapia sent the Constitutional Committee members an open letter in support of the Constitutional Reform Initiative.

The constitutional amendment initiative, which sought to amend Article 21 paragraph 8 in order to provide complementary legislation that grants full cooperation with the ICC, was supported by 30 other MPs (from the PRD, the PT, and Movimiento Ciudadano party, including the President of the Constitutional Affairs Committee, Dip. Julio César Moreno). It was under revision in the Committee. On 2 April 2014, the committee rejected the proposal by one vote (10 in favor, 11 against).

Despite this, new efforts to harmonize the national law with the Rome Statute provisions have been carried out. On 25 October 2022, Sen. Emilio Álvarez Icaza and his colleagues presented a draft law to amend the constitution, which includes the imprescriptibility of genocide, crimes against humanity, war crimes, and the crime of aggression. This draft also included the full recognition of the jurisdiction of the ICC and added new sections to empower Congress to issue legislation on cooperation with the Court and legislate on genocide, crimes against humanity, war crimes, and the crime of aggression.

On 4 November 2021, the PGA Secretariat shared with Sen. Icaza a draft parliamentary resolution on the ratification of Kampala amendments and newer Rome Statute amendments. On 9 November 2022, Sen. Icaza presented a proposal urging the Executive to publish the draft law on the ratification of Article 8 amendments of the Rome Statute, unanimously approved by the Senate on 9 September 2021.

Signature, Ratification of/Accession to the Rome Statute of the ICC
Signature Date: 7 September 2000
Ratification Date: 28 October 2005
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): Yes, accepted on 20 January 2023.
Ratification of the Kampala Amendment to the Rome Statute on the crime of aggression reflected in Article 8 bis (2010): No
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): Yes, accepted on 20 January 2023.
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [blinding laser weapons] (2017): Yes, accepted on 20 January 2023.
Ratification of the Amendment to Article 8 of the Rome Statute on war crimes [non-detectable fragments] (2017): Yes, accepted on 20 January 2023.
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

The Federal Criminal Code of Mexico (14 August 1931) only criminalizes Genocide under Art. 149-Bis. There is no reference to Crimes Against Humanity, War Crimes, or the Crime of Aggression.

The Criminal Code does not refer to the general principles of criminal law. Regarding Cooperation, Art. 21, paragraph 8, establishes that “the Executive can, upon the approval by the Senate on a case-by-case basis, recognize the jurisdiction of the ICC.”

Cooperation Agreements
Ratification of Agreement on Privileges and Immunities of the Court (APIC): Yes, acceded on 26 September 2007.
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.
Key Documents
Parliamentary Action
Related Activities
PGA in the Media

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:

Sen. Emilio Álvarez Icaza Longoria

Mexican Senate approves the Ratification of Rome Statute Amendments to Article 8

With this Senate approval, Mexico reiterates its international and national commitments to human rights, justice and the rule of law. PGA will continue to support its members in Mexico to promote the full implementation of the Rome Statute and cooperation with the ICC.

Latin American Legislators and Experts Meet to Discuss the Fight against Impunity for International Crimes

Latin American Legislators and Experts Meet to Discuss the Fight against Impunity for International Crimes

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.

This Seminar was hosted by the National Congress of Honduras on 18 and 19 October 2018, in the capital city Tegucigalpa.

Sub-regional Parliamentary Seminar on the Universality and 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.

PGA Promotes the Universality of the Rome Statute at the Special Session of the OAS on the ICC

PGA Promotes the Universality of the Rome Statute at the Special Session of the OAS on the ICC

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.

This seminar aimed to provide a space in which legislators and other stakeholders could exchange views on progress made and challenges that remain regarding the full implementation of the principles and crimes of the Rome Statute.

Sub-Regional Parliamentary Seminar on the ICC: Legislators from Latin America commit to the principle of Never again and Reparation for Victims

On 28-29 September 2016, in the framework of its Parliamentary Campaign for the Effectiveness and Universality of the Rome Statute, Parliamentarians for Global Action (PGA) organized a Parliamentary Seminar.

On 16-7 September 2013, PGA members Dip. Loretta Ortiz of the Labor Party (PT) and Dip. Elena Tapia of the Democratic Revolution Party (PRD) participated in the Sub-Regional Working Group.

Mexican Constitution amended to allow more efficient cooperation with the ICC

On February 11, 2014, 35 members of Parliament in Mexico have signed the Initiative that contains a draft decree amending the eighth paragraph of Article 21 of the Political Constitution of the United Mexican States to harmonize it with the Rome Statute.

The discussions brought together over 20 Parliamentarians from 10 different Latin American States, such as Argentina, Bolivia, Colombia, Costa Rica, Dominican Republic, Ecuador, México, Paraguay, Peru and Uruguay.

Sub-Regional Working Group on Challenges for the Effectiveness of the Rome Statute system in the Americas

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.

PGA’s Secretariat and its Membership remain engaged in and committed to finding adequate solutions to adopt multi-party support for the necessary constitutional amendments that will make possible Chile’s membership of the ICC System.

Mission of Chilean Parliamentarians to the ICC and other institutions

Having signed the Rome Statute of the International Criminal Court in 2002, Chile has yet to ratify it. Upon a decision by the Chilean Constitutional Tribunal, the Rome Statute, with 105 States Parties as of 1 October 2007, can only be ratified by Chile once Congress adopts an amendment of the Constitution.

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)