18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Wednesday (4 December 2019)
Name of the Event: Pursuing Universality of the Rome Statute in an Evolving International Context: Persistent Challenges, New Dimensions and Adaptive Strategies (Side Event co-hosted by the Netherlands, the Republic of Korea, and Parliamentarians for Global Action)
Overview by: Erez Roman, Junior Research Associate PILPG-NL
Main Highlights:
“Universal membership of the Rome Statute is essential to support the ICC’s legitimacy as a truly global institution of international justice.”
Hon. Natan Teewe Brechtefeld from Kiribati brought forward the growing role environment plays.
The situation of ratification of the Rome Statute by Ukraine was raised by Hon. Dr. Hryhoriy Nemyria.
Summary of the Event:
Moderator Dr. David Donat Cattin (Secretary General of Parliamentarians for Global Action) introduced the panelists and remarked on the importance of the work of Parliamentarians for Global Action (PGA) toward the goal of universal ratification and implementation of the Rome Statute, as PGA has contributed to 79 of the 125 ratifications of the Rome Statute to date. The panelists were then given the floor to speak.
First, H.E. Mr. Paul Van den Ijssel, the permanent representative of the Kingdom of the Netherlands to the OPCW& ICC. H.E. spoke about the importance of the universality of the Rome Statute. However, he mentioned that the application of the Rome Statute by the Netherlands is lacking and has not been so successful so far. The Ambassador mentioned the Netherlands’ role regarding the unsuccessful accession process of Malaysia and emphasized his disappointment relating to the fall through of the process. In addition, the Ambassador also referred to the role played by the Netherlands regarding the accession process of Ukraine. More generally, the Ambassador reiterated that universality is a common responsibility of all States Parties. However, certain issues regarding accession to the ICC that may arise such as retroactivity and complementarity which have to be acted upon by all members.
Following the opening statements, Mattias Hellman, External Relations Advisor, Presidency of the International Criminal Court, thanked PGA for their contribution to the success of the ICC. Subsequently, he mentioned several points regarding the difficulties of achieving universality of the Rome Statute. These points, which differ between countries, include a lack of interest in the Court, a lack of correct information regarding the Court, and the existence of general suspicion of the intentions of the Court. Other than the reasons relating to the court, there are also reasons relating to the states themselves, including for instance lack of capacity or resources, competing priorities and other, more urgent needs of the country. To conclude, Mr. Hellman emphasized the point that intervention from outside the country will not succeed in making the country ratify and accede. The only way is through domestic advocacy as the need and will to accede has to stem from within the country. Nonetheless, other states should support a state which shows willingness to accede and show them the importance of the ICC and inform about what membership entails.
Third to speak was H.E. Mr. O-Gon Kwon, President of the Assembly of the States Parties of the ICC. Mr. O-Gon Kwon started by expressing his happiness with the ratification of the Rome Statute by the Republic of Kiribati and his disappointment regarding the failure of the ratification process undertaken by Malaysia. In relation to the successful accession process of Kiribati, the ASP President mentioned that environmental issues played an extremely important role. In relation to the backtracking on its accession by Malaysia, the President of the ASP emphasized the role played by misconceptions regarding certain important principles such as the true meaning of the principle of complementarity. The ASP President concluded his talk by pointing to the message that is sent to non-member countries when a new country signs and ratifies the Rome Statute.
Fourth to speak was Hon. Nathan Teewe Brechtefeld , MP and Former Minister of Justice of Kiribati (PGA member). Mr. Teewe Brechtefeld said a few words on the accession process of Kiribati. He emphasized the decisive role played by environmental issues and mentioned that Kiribati joined the ICC to gain protection from environmental crimes. Furthermore, Mr. Teewe Brechtefeld stated that Kiribati became interested in the ICC because it believes it could assist it in maintaining its exclusive economic zone and in general its sovereignty. He concluded by reiterating the need to expand the jurisdiction of the court to include environmental crimes.
Fifth to speak was Hon. Dr. Hryhoriy Nemyria, MP (Ukraine), Chair of PGA National Group in Ukraine and PGA Board Member. Mr. Nemyria spoke about Ukraine’s recent history regarding its accession to the ICC. He mentioned some points regarding what could cause a positive momentum to accession. The two major events that were mentioned as catalysts were the Orange revolution and the annexation of Crimea and occupation of parts of eastern Ukraine which indeed caused the Parliament of Ukraine to take some steps regarding accession. Nevertheless, as Mr Nemyria said, Ukraine is yet to ratify the Statute. He continued by explaining possible answers including the political system of Ukraine, the legal aspects of having a semi-presidential system, and certain questions regarding the effectiveness of ratification.
Sixth in line was Mr. Andrew Khoo, Chair of the Human Rights Committee, Bar Council Malaysia, who spoke about the failed accession process undertaken by Malaysia. Mr. Khoo introduced the process and then explained certain points relating to why it failed such as a populist wave which ambushed the accession with negative comments regarding state sovereignty and diminution of the role played by traditional rulers. Furthermore, misinformation regarding the sovereign immunity was also brought up but can be easily defended by looking at the example of the Genocide Convention which Malaysia signed and ratified in 1993. He concluded his talk by stating the lessons which should be learned from this process, namely, know your country, challenges, and citizens in order to be successful.
Dr. Donat Cattin concluded the event with comments regarding the future of the universality of the Rome Statute and mentioned the case of the referral of the situation regarding the Rohingya in Myanmar as an example of universality.