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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.

Spain and the Rome Statute

Signature, Ratification of/Accession to the Rome Statute of the ICC
Signature Date: 18 July 1998
Ratification Date: 24 October 2000
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, ratified on 25 September 2014.
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 2014.
Ratification of the Amendment to Article 124 of the Rome Statute (2015): Yes, ratified on 21 March 2022.
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

The Organic Law 10/1995 of 23 November 1995 of the Penal Code of Spain domesticates the core Rome Statute crimes except for the crime of aggression. There are a few underlying acts under crimes against humanity and war crimes not implemented under the Spanish legislation. Art. 615 bis of the Criminal Code incorporates the “responsibility of commanders and other superiors” principle, while the Organic Law 15/2003, of 25 November 2003, which amends the Criminal Code, incorporates the “non-applicability of statute of limitations” principle.

Organic Law 18/2003, of 10 December 2003, provides for cooperation with the International Criminal Court. Spain has full universal jurisdiction provisions. The jurisdiction of Spanish courts over crimes against humanity, genocide, and war crimes is provided for under Article 23.4 of the Organic Law on the Judicial Power (Organic Law 6/1985, of 1 July 1985).
Cooperation Agreements
Ratification of Agreement on Privileges and Immunities of the Court (APIC): Yes, signed on 21 April 2003 and ratified on 24 September 2009.
Signature of Agreement of Enforcement Sentences with the ICC: Yes, signed on 8 December 2022 but has not entered into force (pending the finalization of the necessary domestic procedures).
Signature of Agreement of Interim and Final Release with the ICC: No.
Signature of Bilateral Immunity Agreement with the USA: No.
Parliamentary Action
Key Documents

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:

ICC Prosecutor Fatou Bensouda calls for the EU to support the ICC, its independence against external attacks, and its integrity against the risk of budget cuts.

Members of the European Parliament express strong support for the ICC in an exchange with the ICC Prosecutor

The European Parliament’s Subcommittee on Human Rights held an exchange of views with the International Criminal Court (ICC) Prosecutor, Ms. Fatou Bensouda, marking the 9th (and final) year of her non-renewable mandate.

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.

Parliamentarians around the world celebrate the ratification of the Kampala Amendments of the crime of aggression of the International Criminal Court by Spain, Latvia and Poland. This brings the number of ratifying states to 18.

PGA Celebrates the Ratification of the Kampala Amendments by Spain, Latvia and Poland

Parliamentarians around the world celebrate the ratification of the Kampala Amendments of the crime of aggression of the International Criminal Court by Spain, Latvia and Poland. This brings the number of ratifying states to 18.

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)