Rome Statute of the International Criminal Court

Albania

31-01-2003

In accordance with article 87, paragraph 1, of the Rome Statute of the International Criminal Court, the Republic of Albania declares that the requests of the Court shall be sent through diplomatic channels to the Ministry of Justice, Department of International Judicial Cooperation, Boulevard A. Zog, Tïrana, Albania.
In accordance with article 87, paragraph 2, of the Rome Statute of the International Criminal Court, the requests for cooperation and all the supporting documents of the requests, shall be in Albanian Language and in one of the working languages of the Court, English or French.

Andorra

30-04-2001

With regard to article 103, paragraph 1(a) and (b) of the Rome Statute of the International Criminal Court, the Principality of Andorra declares that it would, if necessary, be willing to accept persons of Andorran nationality sentenced by the Court, provided that the sentence imposed by the Court was enforced in accordance with Andorran legislation on the maximum duration of sentences.
With regard to article 87, paragraph 1, of the Rome Statute of the International Criminal Court, the Principality of Andorra declares that all requests for cooperation made by the Court under part IX of the Statute must be transmitted through the diplomatic channel.
With regard to article 87, paragraph 2, of the Rome Statute of the International Criminal Court, the Principality of Andorra declares that all requests for cooperation and any supporting documents that it receives from the Court must, in accordance with article 50 of the Statute establishing Arabic, Chinese, English, French, Russian and Spanish as the official languages of the Court, be drafted in French or Spanish or accompanied, where necessary, by a translation into one of these languages.

Argentina

08-02-2001

With regard to article 87, paragraph 2, of the Statute, the Argentine Republic hereby declares that requests for cooperation coming from the Court, and any accompanying documentation, shall be in Spanish or shall be accompanied by a translation into Spanish.

26-01-2005

Pursuant to article 87, paragraph 1 (a) of the Rome Statute, the Argentine Government wishes to inform the Secretary-General, in his capacity as depositary of the Rome Statute, that it has chosen the diplomatic channel as the channel of communication. To that end, communications from the International Criminal Court should be addressed to the Embassy of the Argentine Republic at The Hague, which shall transmit them to the Ministry of Foreign Affairs, International Trade and Worship and, through that Ministry, to the relevant local authorities, where necessary.

19-05-2010

[The Argentine Government refers] to the attempt to extend the application of the Rome Statute to the Islas Malvinas, Georgias del Sur and Sandwich del Sur on the part of the United Kingdom of Great Britain and Northern Ireland dated 11 March 2010.
The Argentine Government recalls that the Islas Malvinas, Georgias del Sur and Sandwich del Sur and the surrounding maritime areas are an integral part of the Argentine national territory and are illegally occupied by the United Kingdom of Great Britain and Northern Ireland, being the subject of a sovereignty dispute between both countries which is recognized by several international organizations.
The General Assembly of the United Nations adopted resolutions 2065 (XX), 316[0] (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which the sovereignty dispute referred to as the "Question of the Malvinas Islands" is recognized and the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to resume negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute. Concurrently, the Special Committee on Decolonization of the United Nations has repeatedly affirmed this view. Also, the General Assembly of the Organization of American States adopted, on 4 June 2009, a new pronouncement, in similar terms, on the question.
Therefore, the Argentine Government objects and rejects the British attempt to extend the application of the Rome Statute of the International Criminal Court to the Islas Malvinas.
The Argentine Government reaffirms its legitimate sovereign rights over the Islas Malvinas, Georgias del Sur and Sandwich del Sur and the surrounding maritime areas.
The Argentine Government requests the Secretary-General that this note and its English text be notified to the States Parties and Contracting States to the Rome Statute of the International Criminal Court.

Australia

01-07-2002

The Government of Australia, having considered the Statute, now hereby ratifies the same, for and on behalf of Australia, with the following declaration, the terms of which have full effect in Australian law, and which is not a reservation:
Australia notes that a case will be inadmissible before the International Criminal Court (the Court) where it is being investigated or prosecuted by a State. Australia reaffirms the primacy of its criminal jurisdiction in relation to crimes within the jurisdiction of the Court. To enable Australia to exercise its jurisdiction effectively, and fully adhering to its obligations under the Statute of the Court, no person will be surrendered to the Court by Australia until it has had the full opportunity to investigate or prosecute any alleged crimes. For this purpose, the procedure under Australian law implementing the Statute of the Court provides that no person can be surrendered to the Court unless the Australian Attorney-General issues a certificate allowing surrender. Australian law also provides that no person can be arrested pursuant to an arrest warrant issued by the Court without a certificate from the Attorney-General.
Australia further declares its understanding that the offences in Article 6, 7 and 8 will be interpreted and applied in a way that accords with the way they are implemented in Australian domestic law.

10-03-2004

[...] [P]ursuant to paragraph 1 (a) of Article 87 of the Rome Statute, [...] the Australian Government has designated the Australian Embassy to The Netherlands as the diplomatic channel for transmission of requests for cooperation in accordance with that Article.
[...] [P]ursuant to paragraph 2 of Article 87 of the Rome Statute, [...] any such request for cooperation in accordance with that Article should be either be in, or accompanied by a translation into, English.

Austria

28-12-2000

Pursuant to article 87, paragraph 2 of the Rome Statute the Republic of Austria declares that requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into the German language.

Belgium

28-06-2000

Pursuant to article 21, paragraph 1 (b) of the Statute and having regard to the rules of international humanitarian law which may not be derogated from, the Belgian Government considers that article 31, paragraph 1 (c), of the Statute can be applied and interpreted only in conformity with those rules.
With reference to article 87, paragraph 1, of the Statute, the Kingdom of Belgium declares that the Ministry of Justice is the authority competent to receive requests for cooperation.
With reference to article 87, paragraph 2, the Kingdom of Belgium declares that requests by the Court for cooperation and any documents supporting the request shall be in an official language of the Kingdom.

Belize

05-04-2000

Pursuant to Article 87 (1) (a) of the Statute of the International Criminal Court, Belize declares that all requests made to it in accordance with Chapter 9 be sent through diplomatic channels.

Brazil

20-06-2002

[...] with regard to article 87, paragraph 2 of the said Statute, the official language of the Federative Republic of Brazil is Portuguese and that all requests for cooperation and any supporting documents that it receives from the Court must be drafted in Portuguese or accompanied by a translation into Portuguese.

Cabo Verde

24-01-2012

With regard to article 87 (2) of the Rome Statute, Cape Verde declares that all requests for cooperation and any other supporting documents that it receives from the Court shall be transmitted through diplomatic channels via its Embassy in Brussels, preferably in Portuguese or translated in this language.

Canada

16-01-2015

The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Rome Statute of the International Criminal Court and the Secretary-General's communication of 6 January 2015, C.N.13.2015.TREATIES-XVIII.10, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Rome Statute of the International Criminal Court. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.
In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Rome Statute of the International Criminal Court, 'Palestine' is not able to accede to this convention, and that the Rome Statute of the International Criminal Court does not enter into force, or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'.

Chad

14-12-2010

The Government of the Republic of Chad maintains the diplomatic channel for communication and French as the working language in accordance with article 87, paragraphs 1 (a) and 2 of the Rome Statute.

Chile

29-06-2009

1. In accordance with article 87 (1) (a) of the Statute, the requests for cooperation from the International Criminal Court shall be transmitted through the diplomatic channel to the Ministry of Foreign Affairs of Chile.
2. In accordance with article 87 (2) of the Statute the requests for cooperation from the International Criminal Court and any documents supporting the request shall be in Spanish or be accompanied by a translation into Spanish.

Colombia

05-08-2002

1. None of the provisions of the Rome Statute concerning the exercise of jurisdiction by the International Criminal Court prevent the Colombian State from granting amnesties, reprieves or judicial pardons for political crimes, provided that they are granted in conformity with the Constitution and with the principles and norms of international law accepted by Colombia.
Colombia declares that the provisions of the Statute must be applied and interpreted in a manner consistent with the provisions of international humanitarian law and, consequently, that nothing in the Statute affects the rights and obligations embodied in the norms of international humanitarian law, especially those set forth in article 3 common to the four Geneva Conventions and in Protocols I and II Additional thereto.
Likewise, in the event that a Colombian national has to be investigated and prosecuted by the International Criminal Court, the Rome Statute must be interpreted and applied, where appropriate, in accordance with the principles and norms of international humanitarian law and international human rights law.
2. With respect to articles 61(2)(b) and 67(1)(d), Colombia declares that it will always be in the interests of justice that Colombian nationals be fully guaranteed the right of defence, especially the right to be assisted by counsel during the phases of investigation and prosecution by the International Criminal Court.
3. Concerning article 17(3), Colombia declares that the use of the word "otherwise" with respect to the determination of the State's ability to investigate or prosecute a case refers to the obvious absence of objective conditions necessary to conduct the trial.
4. Bearing in mind that the scope of the Rome Statute is limited exclusively to the exercise of complementary jurisdiction by the International Criminal Court and to the cooperation of national authorities with it, Colombia declares that none of the provisions of the Rome Statute alters the domestic law applied by the Colombian judicial authorities in exercise of their domestic jurisdiction within the territory of the Republic of Colombia.
5. Availing itself of the option provided in article 124 of the Statute and subject to the conditions established therein, the Government of Colombia declares that it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by Colombian nationals or on Colombian territory.
6. In accordance with article 87(1)(a) and the first paragraph of article 87(2), the Government of Colombia declares that requests for cooperation or assistance shall be transmitted through the diplomatic channel and shall either be in or be accompanied by a translation into the Spanish language.

18-03-2004

[Pursuant] [...] to the notification that Colombia must make as a State party to the Rome Statute concerning the communication channel and official language to be used when requests for cooperation and any documents supporting the request are transmitted, in accordance with article 87, paragraphs 1(a) and 2 of the above-mentioned instrument [...], [the Government of Colombia wishes to inform] that any communications sent or received in this area should be drafted in Spanish and that the channel for transmission should be the Embassy of Colombia to the Kingdom of the Netherlands, at The Hague [...].

Côte d'Ivoire

15-02-2013

In accordance with paragraphs 1 a) and 2 of Article 87 of the Rome Statute of the International Criminal Court, the Government of the Republic of Côte d'Ivoire declares that the requests from the Court shall be transmitted through diplomatic channels and in French, the official language of the Republic of Côte d'Ivoire.

Croatia

19-07-2004

Pursuant to article 87, paragraph 1, of the Statute, the Republic of Croatia declares that requests from the Court shall be transmitted through diplomatic channel to the Ministry of Justice - Department for Cooperation with the International Criminal Courts.
Pursuant to article 87, paragraph 2, of the Statute, the Republic of Croatia declares that requests for cooperation and documents supporting the request from the Court shall be in Croatian which is the official language of the Republic of Croatia and shall be accompanied by a translation in English which is one of the working languages of the International Criminal Court.

Cyprus

07-03-2002

1. Pursuant to article 87 (1) of the Rome Statute of the International [Criminal] Court, the Republic of Cyprus declares that requests from the Court may also be transmitted directly to the Ministry of Justice and Public Order.
2. Pursuant to article 87 (2) of the Rome Statute of the International Criminal Court, the Republic of Cyprus declares that requests from the Court for cooperation and any documents supporting them shall be transmitted also in English, which is one of the working languages of the Court.

Czech Republic

21-07-2009

In accordance with Article 103, paragraph 1, subparagraph [b] of the Statute, the Czech Republic declares that it is willing to accept sentenced persons who are citizens of the Czech Republic or have permanent residence in the territory of the Czech Republic.
On accepting this Statute, the Czech Republic declares in accordance with Article 87, paragraph 1, subparagraph (a) of the Statute, that requests for cooperation may be transmitted through the diplomatic channel or sent:
1. if the request is for surrender or temporary transfer of a person or for transit of a person, directly to the Ministry of Justice of the Czech Republic;
2. if the request is for other forms of cooperation, until the commencement of the trial, directly to the Supreme Public Prosecutor’s Office of the Czech Republic and, after the commencement of the trial, directly to the Ministry of Justice of the Czech Republic.
In accordance with Article 87, paragraph 2 of the Statute, the Czech Republic declares that requests for cooperation and any documents supporting the request shall either be in or accompanied by a translation into the Czech language.

Democratic Republic of the Congo

11-04-2002

Pursuant to article 87, paragraph 1 (a) of the Rome Statute of the International Criminal Court, requests for cooperation issued by the Court shall be transmitted to the Government Procurator's Office of the Democratic Republic of the Congo;
For any request for cooperation within the meaning of article 87, paragraph 1 (a) of the Statute, French shall be the official language.

Denmark

21-06-2001

Pursuant to article 87 (1) of the Statute, Denmark declares that requests from the Court shall be transmitted through the diplomatic channel or directly to the Ministry of Justice, which is the authority competent to receive such requests.
Pursuant to article 87 (2) of the Statute, Denmark declares that requests from the Court for cooperation and any documents supporting such requests shall be submitted either in Danish which is the official language of Denmark or in English, which is one of the working languages of the Court.

Egypt

26-12-2000

[...]
2. The Arab Republic of Egypt affirms the importance of the Statute being interpreted and applied in conformity with the general principles and fundamental rights which are universally recognized and accepted by the whole international community and with the principles, purposes and provisions of the Charter of the United Nations and the general principles and rules of international law and international humanitarian law. It further declares that it shall interpret and apply the references that appear in the Statute of the Court to the two terms fundamental rights and international standards on the understanding that such references are to the fundamental rights and internationally recognized norms and standards which are accepted by the international community as a whole.
3. The Arab Republic of Egypt declares that its understanding of the conditions, measures and rules which appear in the introductory paragraph of article 7 of the Statute of the Court is that they shall apply to all the acts specified in that article.
4. The Arab Republic of Egypt declares that its understanding of article 8 of the Statute of the Court shall be as follows:
(a) The provisions of the Statute with regard to the war crimes referred to in article 8 in general and article 8, paragraph 2 (b) in particular, shall apply irrespective of the means by which they were perpetrated or the type of weapon used, including nuclear weapons, which are indiscriminate in nature and cause unnecessary damage, in contravention of international humanitarian law.
(b) The military objectives referred to in article 8, paragraph 2 (b) of the Statute must be defined in the light of the principles, rules and provisions of international humanitarian law. Civilian objects must be defined and dealt with in accordance with the provisions of the Protocol Additional to the Geneva Conventions of 12 August 1949 (Protocol I) and, in particular, article 52 thereof. In case of doubt, the object shall be considered to be civilian.
(c) The Arab Republic of Egypt affirms that the term "the concrete and direct overall military advantage anticipated" used in article 8, paragraph 2 (b) (iv), must be interpreted in the light of the relevant provisions of the Protocol Additional to the Geneva Conventions of 12 August 1949 (Protocol I). The term must also be interpreted as referring to the advantage anticipated by the perpetrator at the time when the crime was committed. No justification may be adduced for the nature of any crime which may cause incidental damage in violation of the law applicable in armed conflicts. The overall military advantage must not be used as a basis on which to justify the ultimate goal of the war or any other strategic goals. The advantage anticipated must be proportionate to the damage inflicted.
(d) Article 8, paragraph 2 (b) (xvii) and (xviii) of the Statute shall be applicable to all types of emissions which are indiscriminate in their effects and the weapons used to deliver them, including emissions resulting from the use of nuclear weapons.
5. The Arab Republic of Egypt declares that the principle of the non-retroactivity of the jurisdiction of the Court, pursuant to articles 11 and 24 of the Statute, shall not invalidate the well established principle that no war crime shall be barred from prosecution due to the statute of limitations and no war criminal shall escape justice or escape prosecution in other legal jurisdictions.
Pursuant to article 87, paragraphs 1 and 2, the Arab Republic of Egypt declares that the Ministry of Justice shall be the party responsible for dealing with requests for cooperation with the Court. Such requests shall be transmitted through the diplomatic channel. Requests for cooperation and any documents supporting the request shall be in the Arabic language, being the official language of the State, and shall be accompanied by a translation into English being one of the working languages of the Court.

El Salvador

03-03-2016

In accordance with article 87 (1) of the Rome Statute of the International Criminal Court, the Republic of El Salvador declares that all requests for cooperation must be transmitted through diplomatic channel.
In accordance with article 87 (2) of the Rome Statute of the International Criminal Court, the Republic of El Salvador declares that the requests for cooperation and any documents supporting the request must be written in the Spanish language or be accompanied by a translation into Spanish.

Estonia

30-01-2002

Pursuant to Article 87, paragraph 1 of the Statute the Republic of Estonia declares that the requests from the International Criminal Court shall be transmitted either through the diplomatic channels or directly to the Public Prosecutor's Office, which is the authority to receive such requests.
Pursuant to 87, paragraph 2 of the Statute the Republic of Estonia declares that requests from the International Criminal Court and any documents supporting such requests shall be submitted either in Estonian which is the official language of the Republic of Estonia or in English which is one of the working languages of the International Criminal Court.

Finland

29-12-2000

Pursuant to article 87 (1) (a) of the Statute, the Republic of Finland declares that requests for cooperation shall be transmitted either through the diplomatic channel or directly to the Ministry of Justice, which is the authority competent to receive such requests. The Court may also, if need be, enter into direct contact with other competent authorities of Finland. In matters relating to requests for surrender the Ministry of Justice is the only competent authority.
Pursuant to article 87 (2) of the Statute, the Republic of Finland declares that requests from the Court and any documents supporting such requests shall be submitted either in Finnish or Swedish, which are the official languages of Finland, or in English which is one of the working languages of the Court.

France

09-06-2000

1. The provisions of the Statute of the International Criminal Court do not preclude France from exercising its inherent right of self-defence in conformity with Article 51 of the Charter.
2. The provisions of article 8 of the Statute, in particular paragraph 2 (b) thereof, relate solely to conventional weapons and can neither regulate nor prohibit the possible use of nuclear weapons nor impair the other rules of international law applicable to other weapons necessary to the exercise by France of its inherent right of self-defence, unless nuclear weapons or the other weapons referred to herein become subject in the future to a comprehensive ban and are specified in an annex to the Statute by means of an amendment adopted in accordance with the provisions of articles 121 and 123.
3. The Government of the French Republic considers that the term 'armed conflict' in article 8, paragraphs 2 (b) and (c), in and of itself and in its context, refers to a situation of a kind which does not include the commission of ordinary crimes, including acts of terrorism, whether collective or isolated.
4. The situation referred to in article 8, paragraph 2 (b) (xxiii), of the Statute does not preclude France from directing attacks against objectives considered as military objectives under international humanitarian law.
5. The Government of the French Republic declares that the term "military advantage" in article 8, paragraph 2 (b) (iv), refers to the advantage anticipated from the attack as a whole and not from isolated or specific elements thereof.
6. The Government of the French Republic declares that a specific area may be considered a "military objective" as referred to in article 8, paragraph 2 (b) as a whole if, by reason of its situation, nature, use, location, total or partial destruction, capture or neutralization, taking into account the circumstances of the moment, it offers a decisive military advantage.
The Government of the French Republic considers that the provisions of article 8, paragraph 2 (b) (ii) and (v), do not refer to possible collateral damage resulting from attacks directed against military objectives.
7. The Government of the French Republic declares that the risk of damage to the natural environment as a result of the use of methods and means of warfare, as envisaged in article 8, paragraph 2 (b) (iv), must be weighed objectively on the basis of the information available at the time of its assessment.
[...]
Pursuant to article 87, paragraph 2, of the Statute, the French Republic declares that requests for cooperation, and any documents supporting the request, addressed to it by the Court must be in the French language.

10-05-2004

[...] The Permanent Mission of France confirms that the channel to be used for transmitting any communication between France and the International Criminal Court shall be the diplomatic channel through the embassy of France at The Hague.
Requests for cooperation from the International Criminal Court should be transmitted in the original or in the form of a certified true copy, accompanied by all supporting documentation. In cases of urgency, such documents may be transmitted by any means to the Procureur de la République (Government Procurator) for Paris. They shall then be transmitted through the diplomatic channel.

Gambia, The

28-06-2002

Pursuant to article 87 (1) of the Statute, the Republic of the Gambia declares that requests from the Court shall be transmitted through the diplomatic channel or directly to the Attorney General's Chambers and the Department of State for Justice, which is the authority competent to receive such request.
Pursuant to article 87 (2) of the Statute, the Republic of the Gambia declares that requests from the Court and any document supporting such requests shall be in English which is one of the working languages of the Court and the official language of the Republic of the Gambia.

10-02-2017

In your capacity as depositary for the Rome Statute of the International Criminal Court, the Government of the Republic of The Gambia notified you of its decision to withdraw from the Statute through letter ref: PA 383/01/Part VI (117- NMG) dated 8th November 2016, in accordance with Article 127 of the Rome Statute.
After a thorough review of the circumstances surrounding that decision, the new Government of the Republic of The Gambia hereby notifies you of its decision to rescind that notification of withdrawal with immediate effect.
The Republic of The Gambia still considers itself as a state party and will continue to honour its obligations under the Rome Statute.

Georgia

05-09-2003

[...] according to the Chapter 8, Section 2 of the Rome Statute any request for cooperation or additional documentation shall be provided in Georgian language or in adequate translation.*
[*1. Should read "Article 87, paragraph 2".]

30-04-2009

[...] based on Article 3, Paragraph 1 of the law of Georgia on "Cooperation of Georgia and the
International Criminal Court", the Ministry of Justice of Georgia is the delegated authority to be a
counterpart to the Criminal Court.
Based on Article 9 of the same law, written communication between two organs must be conducted in Georgian language or the document has to have the annex in Georgian language.
Based on the regulation of the Ministry of Justice of Georgia, the Department for International Public Law of the Ministry of Justice of Georgia is the contact organ for the International Criminal Court.

Germany

11-12-2000

The Federal Republic of Germany declares, pursuant to article 87 (1) of the Rome Statute, that requests from the Court can also be transmitted directly to the Federal Ministry of Justice or an agency designated by the Federal Ministry of Justice in an individual case. Requests to the Court can be transmitted directly from the Federal Ministry of Justice or, with the Ministry's agreement, from another competent agency to the Court.
The Federal Republic of Germany further declares, pursuant to article 87 (2) of the Rome Statute, that requests for cooperation to Germany and any documents supporting the request must be accompanied by a translation into German.

Greece

07-04-2004

[...] pursuant to article 87 paragraph 1 (a) of the Rome Statute, the Hellenic Republic declares that, until further notice, requests by the Court for cooperation shall be transmitted through the diplomatic channel.
Furthermore, pursuant to article 87 paragraph 2 of the Rome Statute, the Hellenic Republic declares that requests for cooperation and any documents supporting the request shall be accompanied by a translation into the Greek language.

Guatemala

02-04-2012

1. In accordance with article 87 (1) (a) of the Statute, the requests for cooperation from the International Criminal Court must be transmitted through the diplomatic channel to the Ministry of Foreign Affairs of the Republic of Guatemala.
2. In accordance with article 87 (2) of the Statute, the requests for cooperation from the International Criminal Court and any documents supporting the request must be written in the Spanish language or be accompanied by a translation into Spanish.

Honduras

13-07-2004

With respect to article 87, paragraph 1 (a), of the Rome Statute of the International Criminal Court, the Republic of Honduras has designated the Ministry of the Interior and Justice as the competent authority to receive and transmit requests for cooperation. With respect to article 87, paragraph 2, the Republic of Honduras declares that requests for cooperation and any documents supporting the request should be submitted in the Spanish language, or accompanied by a translation into Spanish. Lastly, with regard to article 103, the Republic of Honduras declares its willingness to accept persons sentenced by the Court, provided that such persons are of Honduran nationality, the Court has decided their cases pursuant to article 21, paragraph 1 (c), and the terms of their sentences are equal to or less than the maximum terms permitted by Honduran law for committing the crimes of which they have been convicted.
II. This Agreement shall be submitted to the Sovereign National Congress for its consideration, for the purposes of article 205, paragraph 30, of the Constitution of the Republic.
[...]

Hungary

30-11-2001

[...] the Government of the Republic of Hungary makes the following declaration in relation to Article 87 of the Statute of the International Criminal Court (Rome, 17 July 1998):
Requests of the Court for cooperation shall be transmitted to the Government of the Republic of Hungary through diplomatic channel. These requests for cooperation and any documents supporting the request shall be made in English.

Iceland

09-06-2004

1. With reference to article 87, paragraph 1(a), of the Rome Statute of the International Criminal Court, Iceland declares that the Ministry of Justice is designated as the channel for the transmission of requests for cooperation from the Court.
2. With reference to article 87, paragraph 2, of the Rome Statute of the International Criminal Court, Iceland declares that requests for cooperation from the Court and any documents supporting the requests shall be submitted in English, which is one of the working languages of the Court.

Israel

31-12-2000

Being an active consistent supporter of the concept of an International Criminal Court, and its realization in the form of the Rome Statute, the Government of the State of Israel is proud to thus express its acknowledgment of the importance, and indeed indispensability, of an effective court for the enforcement of the rule of law and the prevention of impunity.
As one of the originators of the concept of an International Criminal Court, Israel, through its prominent lawyers and statesmen, has, since the early 1950's, actively participated in all stages of the formation of such a court. Its representatives, carrying in both heart and mind collective, and sometimes personal, memories of the holocaust - the greatest and most heinous crime to have been committed in the history of mankind - enthusiastically, with a sense of acute sincerity and seriousness, contributed to all stages of the preparation of the Statute. Responsibly, possessing the same sense of mission, they currently support the work of the ICC Preparatory Commission.
At the 1998 Rome Conference, Israel expressed its deep disappointment and regret at the insertion into the Statute of formulations tailored to meet the political agenda of certain states. Israel warned that such an unfortunate practice might reflect on the intent to abuse the Statute as a political tool. Today, in the same spirit, the Government of the State of Israel signs the Statute while rejecting any attempt to interpret provisions thereof in a politically motivated manner against Israel and its citizens. The Government of Israel hopes that Israel's expressions of concern of any such attempt would be recorded in history as a warning against the risk of politicization, that might undermine the objectives of what is intended to become a central impartial body, benefiting mankind as a whole.
Nevertheless, as a democratic society, Israel has been conducting ongoing political, public and academic debates concerning the ICC and its significance in the context of international law and the international community. The Court's essentiality - as a vital means of ensuring that criminals who commit genuinely heinous crimes will be duly brought to justice, while other potential offenders of the fundamental principles of humanity and the dictates of public conscience will be properly deterred - has never seized to guide us. Israel's signature of the Rome Statute will, therefore, enable it to morally identify with this basic idea, underlying the establishment of the Court.
Today, [the Government of Israel is] honoured to express [its] sincere hopes that the Court, guided by the cardinal judicial principles of objectivity and universality, will indeed serve its noble and meritorious objectives.

28-08-2002

[...] in connection with the Rome Statute of the International Criminal Court adopted on 17 July 1998, [...] Israel does not intend to become a party to the treaty. Accordingly, Israel has no legal obligations arising from its signature on 31 December 2000. Israel requests that its intention not to become a party, as expressed in this letter, be reflected in the depositary's status lists relating to this treaty.

16-01-2015

The Permanent Mission of Israel to the United Nations presents its compliments to the Secretary-General of the United Nations, in his capacity as depositary to the Rome Statute of the International Criminal Court, and refers to the communication by the depositary, dated 6 January 2015, regarding the Palestinian request to accede to this Statute (Reference number C.N.13.2015.TREATIES-XVIII.10).
'Palestine' does not satisfy the criteria for statehood under international law and lacks the legal capacity to join the aforesaid Statute under general international law, as well as under the terms of the Rome Statute and of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize 'Palestine' as a State, and wishes to place on record, for the sake of clarity, its position that it does not consider 'Palestine' a party to the Statute and regards the Palestinian request for accession as being without any legal validity or effect.

Italy

28-04-2004

Italy hereby specifies that it would like to receive the requests for cooperation provided for by Article 87 of the Rome Statute through diplomatic channels. The language in which those requests and the relevant documents should be received is Italian, together with a French translation.

Japan

17-08-2007

[...] pursuant to article 87 paragraph 1 (a) of the Rome Statute, the Government of Japan declares that, until further notice, requests by the Court for cooperation shall be transmitted through the diplomatic channel.
[...] pursuant to article 87 paragraph 2 of the Rome Statute, the Government of Japan declares that requests for cooperation and any documents supporting such requests shall be in English and be accompanied by a translation into the Japanese language.

Jordan

11-04-2002

The Government of the Hashemite Kingdom of Jordan hereby declares that nothing under its national law including the Constitution, is inconsistent with the Rome Statute of the International Criminal Court. As such, it interprets such national law as giving effect to the full application of the Rome Statute and the exercise of relevant jurisdiction thereunder.

Latvia

28-06-2002

Pursuant to article 87, paragraph 2 of the Rome Statute of the International Criminal Court the Republic of Latvia declares that requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into the Latvian language.

Lesotho

17-03-2004

Pursuant to Article 87 paragraph 1 (a) and 2 of the Rome Statute establishing the International Criminal Court, with regard to the Kingdom of Lesotho, requests for cooperation and any documents supporting such requests shall be transmitted through the diplomatic channel, that is, the Ministry of Foreign Affairs of the Kingdom of Lesotho, and such communication be in the English language.

Liechtenstein

02-10-2001

Pursuant to article 103, paragraph 1 of the Statute, the Principality of Liechtenstein declares its willingness to accept persons sentenced to imprisonment by the Court, for purposes of execution of the sentence, if the persons are Liechtenstein citizens or if the persons' usual residence is in the Principality of Liechtenstein.
Requests of the Court made pursuant to article 87, paragraph 1 (a) of the Statute, shall be transmitted to the central authority for cooperation with the International Criminal Court, namely the Ministry of Justice of the Government of the Principality of Liechtenstein.
Pursuant to article 87, paragraph 1 (a) of the Statute, the Court may serve in decisions and other records or documents upon recipients in the Principality of Liechtenstein directly by mail. A summons to appear before the Court as a witness or expert shall be accompanied by the Rule of Procedure and Evidence of the Court on self-incrimination; this Rule shall be given to the person concerned in a language that the person understands.
The official language in the sense of article 87, paragraph 2 of the Statute is German. Requests and supporting documentation shall be submitted in the official language of the Principality of Liechtenstein, German, or translated into German.

Lithuania

12-05-2003

And whereas, it is provided in paragraph 1 of Article 87, the Seimas of the Republic of Lithuania declares that requests of the International Criminal Court for cooperation may be transmitted directly to the Ministry of Justice of the Republic of Lithuania or to the Prosecutor's General Office of the Republic of Lithuania;
And whereas, it is provided in paragraph 2 of Article 87, the Seimas of the Republic of Lithuania declares that requests of the International Criminal Court for cooperation and any documents supporting the request shall be presented either in Lithuanian language, which is State Language of the Republic of Lithuania, or in English language, which is one of the working languages of the International Criminal Court, or be accompanied by a translation either into Lithuanian language or in English language; [...]
And whereas, it is provided in paragraph1(b) of Article 103, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania is willing to accept persons, sentenced by the International Criminal Court to serve the sentence of imprisonment, if such persons are nationals of the Republic of Lithuania.

Luxembourg

03-03-2004

[...] French is the language chosen by the Government of the Grand Duchy of Luxembourg and that the Embassy of the Grand Duchy of Luxembourg at The Hague is the most appropriate channel for the transmission of all communications with the International Criminal Court.

26-01-2012

1) In accordance with the provisions of article 87 (1) of the Statute, Luxembourg designates the State Attorney General as the central authority within the meaning of article 87 of the Statute.
2) In accordance with the provisions of article 103 (1) (a) and (b) of the Statute, Luxembourg declares that it would be willing to accept persons who are nationals or legal residents of Luxembourg sentenced by the Court, provided that the sentence imposed by the Court is enforced in accordance with Luxembourg legislation on the execution of custodial sentences.

Malaysia

29-04-2019

[…] the Government of Malaysia has decided to withdraw its instrument of accession to the Rome Statute of the International Criminal Court on 5 April 2019. Malaysia therefore, is rescinding its letter of accession and that this withdrawal should take effect immediately.
Notwithstanding the above, Malaysia remains committed to the rule of law and to bring to justice the perpetrators of genocide, crimes against humanity, war crimes; and crime of aggression. This is in line with the policy of the new government to firmly espouse the principles of truth, human rights, rule of law, justice, good governance, integrity and accountability.

Mali

21-05-2004

Pursuant to article 87, paragraphs 1 (a) and 2 of the Rome Statute, relating to the designation of channels of communication between States parties and the Court and to the language to be used in requests for cooperation, the Permanent Mission of Mali to the United Nations has the honour to inform the Secretariat that the Government of Mali wishes such requests to be addressed to it in French, the official language, through the diplomatic channel.

Malta

29-11-2002

Article 20, paragraphs 3 (a) and (b).
With regard to article 20 paragraphs 3 (a) and (b) of the Rome Statute of the International Criminal Court Malta declares that according to its constitution no person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal or review proceedings relating to the conviction or acquittal; and no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.
It is presumed that under the general principles of law a trial as described in paragraphs 3 (a) and (b) of Article 20 of the Statute would be considered a nullity and would not be taken into account in the application of the above constitutional rule. However, the matter has never been the subject of any judgment before the Maltese courts.
The prerogative of mercy will only be exercised in Malta in conformity with its obligations under International law including those arising from the Rome Statute of the International Criminal Court.
Article 97, paragraph 2
Malta declares, pursuant to article 87, paragraph 2 of the Statute, that requests for cooperation and any documents supporting the request, must be in English or accompanied, where necessary, by a translation into English.

Marshall Islands

18-02-2004

[...] the Permanent Mission of the Republic of the Marshall Islands to the United Nations is the designated channel of communication between the States Parties and the Court and English is the designated language.
[...]

Mexico

28-10-2005

The Government of the United Mexican States requests, in accordance with article 87, paragraph 1 (a) of the Statute, that the requests for cooperation from the International Criminal Court shall be transmitted through diplomatic channels to the Ministry of Foreign Affairs.
Similarly, the Government of the United Mexican States decides that the request for cooperation from the International Criminal Court, and any documents supporting such requests to which article 87, paragraph 2 refers, shall be written in or submitted together with a translation into Spanish.

Moldova

12-10-2010

1. According to the provisions of the article 87 paragraph 1 of the Statute, the Republic of Moldova declares that all the cooperation requests and all the related documents shall be transmitted through the diplomatic channel.
2. According to the provisions of the article 87 paragraph 2 of the Statute, the Republic of Moldova declares that all the cooperation requests and any documents supporting the requests shall be
prepared in Moldovan language or in English, which is one of the working languages of the International Criminal Court, or be accompanied by a translation into one of these languages.

Montenegro

23-10-2006

[...] in accordance with article 87, paragraphs 1 (a) and 2 of the Rome Statute, [...] Montenegro has designated Diplomatic Channel of communication as its channel of communication with the International Criminal Court [...] and English language as the languages of communication.

Namibia

08-10-2002

[...] with reference to Article 87 paragraph 2 of the Rome Statute of the International Criminal Court, [the Republic of Namibia] declares that all requests for cooperation and any documents supporting the request, must either be in, or be accompanied by a translation into the English language.

21-07-2004

[...] in terms of the provisions of Article 87 (1) (a) of the Rome Statute of the International Criminal Court, the Republic of Namibia designates the Namibian diplomatic channel or the Permanent Secretary, Ministry of Justice of the Government of the Republic of Namibia as the appropriate channel of communication.

Netherlands, the Kingdom of the

10-03-2004

[Pursuant] to article 87, paragraphs 1(a) and 2 of the Rome Statute concerning designation of channels and languages of communication between States Parties and the Court, [...] the Kingdom of the Netherlands indicates English as language of communication and designates as national authority charged with receiving communications: Ministry of Justice, The Hague, The Netherlands.
[...]

New Zealand

07-09-2000

1. The Government of New Zealand notes that the majority of the war crimes specified in article 8 of the Rome Statute, in particular those in article 8 (2) (b) (i)-(v) and 8 (2) (e) (i)-(iv) (which relate to various kinds of attacks on civilian targets), make no reference to the type of the weapons employed to commit the particular crime. The Government of New Zealand recalls that the fundamental principle that underpins international humanitarian law is to mitigate and circumscribe the cruelty of war for humanitarian reasons and that, rather than being limited to weaponry of an earlier time, this branch of law has evolved, and continues to evolve, to meet contemporary circumstances. Accordingly, it is the view of the Government of New Zealand that it would be inconsistent with principles of international humanitarian law to purpot to limit the scope of article 8, in particular article 8 (2) (b), to events that involve conventional weapons only.
2. The Government of New Zealand finds support for its view in the Advisory Opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons (1996) and draws attention to paragraph 86, in particular, where the Court stated that the conclusion that humanitarian law did not apply to such weapons "would be incompatible with the intrinsically humanitarian character of the legal principles in question which permeates the entire law of armed conflict and applies to all forms of warfare and to all kinds of weapons, those of the past, those of the present and those of the future."
3. The Government of New Zealand further notes that international humanitarian law applies equally to aggressor and defender states and its application in a particular context is not dependent on a determination of whether or not a state is acting in self-defence. In this respect it refers to paragraphs 40-42 of the Advisory Opinion in the Nuclear Weapons Case.
[...] Consistent with the constitutional status of Tokelau and taking into account its commitment to the development of self-government through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.

09-03-2004

[Pursuant to] article 87 paragraphs 1 (a) and 2 of the Rome Statute concerning designation of channels and language of communication between the States Parties to the Rome Statute and the International Criminal Court, [the Government of New Zealand has the] honour to advise that [it] designates the diplomatic channel through the New Zealand Embassy in The Hague as its preferred channel of communication with the International Criminal Court, and English as its preferred language of communication.

North Macedonia

27-05-2004

[...] pursuant to Article 87 (1) of the Statute, that requests from the Court shall be transmitted through the diplomatic channel or directly to the Ministry of Justice, which is the authority competent to receive such requests.
[...] pursuant to Article 87 (2) of the Statute, that requests from the Court for cooperation and any documents supporting such requests shall be submitted either in Macedonian which is the official language of the Republic of Macedonia or in English, which is one of the working languages of the Court.

Norway

16-02-2000

1. With reference to Article 87, paragraph 1 (a), the Kingdom of Norway hereby declares that the Royal Ministry of Justice is designated as the channel for the transmission of requests from the Court.
2. With reference to Article 87, paragraph 2, the Kingdom of Norway hereby declares that requests from the Court and any documents supporting the request shall be submitted in English, which is one of the working languages of the Court.

Palestine

06-02-2015

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.57.2015.TREATIES-XVIII.10, dated 23 January 2015, conveying a communication of Canada regarding the accession of the State of Palestine to the Rome Statute of the International Criminal Court, dated 17 July 1998.
The Government of the State of Palestine regrets the position of Canada and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine ‘non-member observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.
As a State Party to the Rome Statute of the International Criminal Court, which enters into force on 1 April 2015, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

06-02-2015

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.63.2015.TREATIES-XVIII.10, dated 23 January 2015, conveying a communication of Israel regarding the accession of the State of Palestine to the Rome Statute of the International Criminal Court, dated 17 July 1998.
The Government of the State of Palestine regrets the position of Israel, the occupying Power, and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine ‘non-member observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.
As a State Party to the Rome Statute of the International Criminal Court, which enters into force on 1 April 2015, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

06-02-2015

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.64.2015.TREATIES-XVIII.10, dated 23 January 2015, conveying a communication of the United States of America regarding the accession of the State of Palestine to the Rome Statute of the International Criminal Court, dated 17 July 1998.
The Government of the State of Palestine regrets the position of the United States of America and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine ‘non-member observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.
As a State Party to the Rome Statute of the International Criminal Court, which enters into force on 1 April 2015, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

Panama

25-05-2004

[...] requests for cooperation pursuant to article 87, paragraph 1 (a), of the Rome Statute shall be transmitted by the Court to the Republic of Panama through the diplomatic channel.
In addition, requests for cooperation pursuant to paragraph 2 of the aforementioned article, and any documents supporting such requests, shall be written in or translated into Spanish, the official language of the Republic of Panama.

Peru

12-04-2004

The Permanent Mission of Peru wishes to state that the channel of communication with the International Criminal Court shall be the Ministry of Foreign Affairs of Peru through the Embassy of Peru in the Kingdom of the Netherlands, and furthermore that requests for cooperation by the International Criminal Court to Peru should be made in the Spanish language or be accompanied by a translation into Spanish.

Philippines

17-03-2018

The Government of the Republic of the Philippines has the honor to inform the Secretary-General […] of its decision to withdraw from the Rome Statute of the International Criminal Court in accordance with the relevant provisions of the Statute.
The Philippines assures the community of nations that the Philippine Government continues to be guided by the rule of law embodied in its Constitution, which also enshrines the country’s longstanding tradition of upholding human rights.
The Government affirms its commitment to fight against impunity for atrocity crimes, notwithstanding its withdrawal from the Rome Statute, especially since the Philippines has a national legislation punishing atrocity crimes. The Government remains resolute in effecting its principal responsibility to ensure the long-term safety of the nation in order to promote inclusive national development and secure a decent and dignified life for all.
The decision to withdraw is the Philippines’ principled stand against those who politicize and weaponize human rights, even as its independent and well-functioning organs and agencies continue to exercise jurisdiction over complaints, issues, problems and concerns arising from its efforts to protect its people.
[…]

Poland

12-11-2001

In accordance with Article 87 paragraph 2 of the Statute the Republic of Poland declares that applications on cooperation submitted by Court and documents added to them shall be made in Polish language.

Portugal

05-02-2002

The Portuguese Republic declares the intention to exercise its jurisdictional powers over every person found in the Portuguese territory, that is being prosecuted for the crimes set forth in article 5, paragraph 1 of the Rome Statute of the International Criminal Court, within the respect for the Portuguese criminal legislation. [...]
With regard to article 87, paragraph 2 of the Rome Statute of the International Criminal Court, the Portuguese Republic declares that all requests for cooperation and any supporting documents that it receives from the Court must be drafted in Portuguese or accompanied by a translation into Portuguese.

Romania

11-04-2002

1. With reference to article 87 paragraph 1 (a) of the Statute, the Ministry of Justice is the Romanian authority competent to receive the requests of the International Criminal Court, to send them immediately for resolution to the Romanian judicial competent bodies, and to communicate to the International Criminal Court the relevant documents:
2. With reference to article 87 paragraph 2 of the Statute, the requests of the International Criminal Court and the relevant documents shall be transmitted in the English language, or accompanied by official translations in this language.

Russian Federation

30-11-2016

I have the honour to inform you about the intention of the Russian Federation not to become a party to the Rome Statute of the International Criminal Court, which was adopted in Rome on 17 July 1998 and signed on behalf of the Russian Federation on 13 September 2000.
I would kindly ask you, Mr. Secretary-General, to consider this instrument as an official notification of the Russian Federation in accordance with paragraph (a) of Article 18 of the Vienna Convention on the Law of Treaties of 1969.

Samoa

26-03-2004

[The Government of Samoa] has the honour to advise that in pursuance of article 87 paragraphs 1 (a) and 2 of the Rome Statute concerning the designation of channels and languages of communication between the States Parties and the International Criminal Court, such channel and language of communication is as follows: Channel: Permanent Mission of Samoa to the United Nations, New York [...].
Language : English.

Serbia

26-05-2006

[...] in accordance with article 87, paragraphs 1 (a) and 2, of the Rome Statute Serbia [...] has designated Diplomatic Channel of communication as its channel of communication with the International Criminal Court and Serbian and English language as the languages of communication.

Sierra Leone

30-04-2004

[...] the Permanent Mission of Sierra Leone to the United Nations remains the main channel of communication between Sierra Leone as a State Party and the Court, the language of communication is English.

Slovakia

11-04-2002

Pursuant to Article 103, paragraph 1 (b) of the Statute the Slovak Republic declares that it would accept, if necessary, persons sentenced by the Court, if the persons are citizens of the Slovak Republic or have a permanent residence in its territory, for purposes of execution of the sentence of imprisonment and at the same time it will apply the principle of conversion of sentence imposed by the Court.
Pursuant to Article 87, paragraph 2 of the Statute the Slovak Republic declares that requests from the Court for cooperation and any documents supporting such requests shall be submitted in English which is one of the working languages of the Court along with the translation into Slovak which is the official language of the Slovak Republic.

Slovenia

27-06-2006

Pursuant to Article 87, paragraph 1 (a) of the Rome Statute the Republic of Slovenia declares that requests for cooperation made by the Court, shall be addressed to the Ministry of Justice of the Republic of Slovenia.
Pursuant to Article 87, paragraph 2 of the Rome Statute the Republic of Slovenia declares that requests for cooperation and any documents supporting the request shall either be in or be accompanied by translation into Slovene language.

South Africa

19-10-2016

South Africa is committed to protection of human rights and the fight against impunity which commitment was forged in the struggle for liberation against the inhumanity of colonialism and apartheid. We condemn in the strongest terms human rights violations and international crimes wherever they may occur and we call for the accountability of those responsible. This commitment is reflected in significant role that South Africa played in the international negotiations on the establishment of the International Criminal Court (ICC) and was one of the first signatories to the Rome Statute of the International Court (the Rome Statute). The Rome Statute was domesticated in South Africa with the adoption of the Implementation of the Rome Statute of the International Criminal Court Act, No. 27 of 2002, thus reaffirming South Africa's commitment to a system of international justice.
South Africa is also a proud member of the African Union that was established in 2001 with its strong focus on promoting human security, peace and stability on the continent and codifying in its Constitutive Act the principle of humanitarian intervention against war crimes, genocide and crimes against humanity.
South Africa does not view the ICC in isolation, but as an important element in a new system of international law and governance and in the context of the need for the fundamental reform of the system of global governance. Questions on the credibility of the ICC will persist so long as three of the five permanent members of the Security Council are not State Parties to the Statute. The Security Council has also not played its part in terms of Article 16 of the Rome Statute where the involvement of the ICC will pose a threat to peace and security on the African continent. There is also perceptions of inequality and unfairness in the practice of the ICC that do not only emanate from the Court's relationship with the Security Council, but also by the perceived focus of the ICC on African states, notwithstanding clear evidence of violations by others.
South Africa, from its own experience has always expressed the view that to keep peace one must first make peace. Thus, South Africa is involved in international peacekeeping missions in Africa and is diplomatically involved in inter-related peace processes on a bilateral basis as well as part of AU
mandates.
In complex and multi-faceted peace negotiations and sensitive post-conflict situations, peace and justice must be viewed as complementary and not mutually exclusive. The reality is that in an imperfect world we cannot apply international law in an idealistic view that strives for justice and accountability and thus competing with the immediate objectives peace, security and stability.
In 2015, South Africa found itself in the unenviable position where it was faced with conflicting international law obligations which had to be interpreted within the realm of hard diplomatic realities and overlapping mandates when South Africa hosted the 30th Ordinary Session of the Permanent Representatives Committee, the 27th Ordinary Session of the Executive Council and the 25th Ordinary Session of the Assembly of the African Union (‘the AU Summit’), from 7 to 15 June 2015. South Africa was faced with the conflicting obligation to arrest President Al Bashir under the Rome Statute, the obligation to the AU to grant immunity in terms of the Host Agreement, and the General Convention on the Privileges and Immunities of the Organization of African Unity of 1965 as well as the obligation under customary international law which recognises the immunity of sitting heads of state. Furthermore, there are no clarity on the nature and scope of the provisions of Article 98 of the Rome Statute and its relationship with Article 27, which is reflected by the inconsistencies in the findings of the Pre-Trail Chambers in the Malawi and Chad cases, on the one hand, and the DRC case on the other hand. Article 27 and Article 98 represent the intersection of the law on immunities applying to Heads of State and Government, and the cooperation obligation of States Parties to the Rome Statute. The relationship between State Parties and non-State Parties continue to be governed by customary international law that bestows on a Head of State immunity ratione personae. Arrest of such a person by a State Party pursuant to its Rome Statute obligations, may therefore result in a violation of its customary international law obligations.
In order to address this untenable position, South Africa used the mechanism of consultation available under Article 97 of the Rome Statute, the first State Party to do so, but to no avail. There are no procedures to guide Article 97 consultations, and South Africa is disappointed that the process, that in our view should clearly have been a diplomatic process was turned into a judicial process. As a result of the lack of clarity in the Rome Statutes and in the Rules of Procedure and Evidence, the experience with the ICC left South Africa with the sense that a violation of its fundamental right to be heard was violated.
This is the background against which South Africa has requested the Assembly of State Parties to develop Rules and Procedures relating to Article 97 consultations in order for Parties that find themselves in a similar position in future, to have the confidence that they can do so on the basis of agreed procedures. South Africa also requested that Assembly of State Parties to clarify the nature and scope of the provisions of Article 98 of the Rome Statue and its relationship with Article 27. It is disconcerting that there was opposition to this proposal as there are fundamental differences on the issue of immunities of Heads of State.
Under these circumstances South Africa is of the view that to continue to be a State Party to the Rome Statute will compromise its efforts to promote peace and security on the African Continent. Also, there is an urgent need to assess whether the ICC is still reflective of the principles and values which guided its creation and its envisaged role as set out in the Rome Statute. The credibility and acceptability of the ICC to become the universally accepted institution for justice that will ensure the ideal of universality and equality before the law has not been realised and is under threat.
In withdrawing from the ICC, South Africa wishes to reiterate its commitment to human rights and the fight against impunity. Its history of fighting and defeating colonialism and apartheid affirms its commitment to continue to fight against any form of impunity for atrocities perpetrated anywhere in the world. Our commitment to justice and accountability remains unwavering, based on the foundational values of the South African nation, namely human rights, freedom and dignity enshrined in our Constitution.

07-03-2017

Reference is made to the Instrument of Withdrawal from the Rome Statute of the International Criminal Court and its Declaratory Statement that was deposited to you by the Permanent Mission of the Republic of South Africa to the United Nations under cover of Note No. 568/2016 on 19 October 2016.
I wish to inform you that the Gauteng High Court of the Republic of South Africa has on 22 February 2017 issued a judgement in the matter between the Democratic Alliance and the Minister of International Relations and Cooperation and others and found that the approval of the Parliament of South Africa had to be obtained before the Instrument of Withdrawal from the Rome Statute of the International Criminal Court can be deposited with the United Nations as provided for In Article 127(1) of the Rome Statute of the International Criminal Court. Consequently, the abovementioned depositing of the Instrument of Withdrawal was found to be unconstitutional and invalid.
In order to adhere to the said judgement, I hereby revoke the Instrument of Withdrawal from the Rome Statute of the International Criminal Court with immediate effect.

Spain

24-10-2000

Declaration under article 103, paragraph 1(b):
Spain declares its willingness to accept at the appropriate time, persons sentenced by the International Criminal Court, provided that the duration of the sentence does not exceed the maximum stipulated for any crime under Spanish law.
In relation to article 87, paragraph 1, of the Statute, the Kingdom of Spain declares that, without prejudice to the fields of competence of the Ministry of Foreign Affairs, the Ministry of Justice shall be the competent authority to transmit requests for cooperation made by the Court or addressed to the Court.
In relation to article 87, paragraph 2, of the Statute, the Kingdom of Spain declares that requests for cooperation addressed to it by the Court and any supporting documents must be in Spanish or accompanied by a translation into Spanish.

Sudan

26-08-2008

[...] , that Sudan does not intend to become a party to the Rome Statute. Accordingly, Sudan has no
legal obligation arising from its signature on 8 September 2000.

Suriname

25-08-2008

In accordance with article 87 paragraph 1 and 2 of the Rome Statute of the International
Criminal Court, the Government of the Republic of Suriname declares that all requests for cooperation
and any other supporting documents that it receives from the Court shall be transmitted through
diplomatic channels in English, which is one of the working languages of the Court along with the
translation into Dutch, which is the official language of the Republic of Suriname.

Sweden

28-06-2001

In connection with the deposit of its instrument of ratification of the Rome Statute of the International Criminal Court and, with regard to the war crimes specified in Article 8 of the Statute which relate to the methods of warfare, the Government of the Kingdom of Sweden would like to recall the Advisory Opinion given by the International Court of Justice on 8 July 1996 on the Legality of the Threat or Use of Nuclear Weapons, and in particular paragraphs 85 to 87 thereof, in which the Court finds that there can be no doubt as to the applicability of humanitarian law to nuclear weapons.
With regard to Article 87, paragraph 1, of the Rome Statute of the International Criminal Court, the Kingdom of Sweden declares that all requests for cooperation made by the Court under part IX of the Statute must be transmitted through the Swedish Ministry of Justice.
With regard to Article 87, paragraph 2, of the Rome Statute of the International Criminal Court, the Kingdom of Sweden declares that all requests for cooperation and any supporting documents that it receives from the Court must be drafted in English or Swedish, or accompanied, where necessary, by a translation into one of these languages.

Switzerland

12-10-2001

In accordance with article 103, paragraph 1, of the Statute, Switzerland declares that it is prepared to be responsible for enforcement of sentences of imprisonment handed down by the Court against Swiss nationals or persons habitually resident in Switzerland.
Requests for cooperation made by the Court under article 87, paragraph 1 (a), of the Statute shall be transmitted to the Central Office for Cooperation with the International Criminal Court of the Federal Bureau of Justice.
The official languages within the meaning of article 87, paragraph 2, of the Statute, shall be French, German and Italian.
The Court may serve notice of its decisions and other procedural steps or documents on the persons to whom such decisions or documents are addressed in Switzerland directly through the mail. Any summons to appear in Court as a witness or expert shall be accompanied by the provision of the Rules of Procedure and Evidence of the Court concerning self-incrimination; that provision shall be provided to the person concerned in a language which he or she is able to understand.

Timor-Leste

17-12-2004

[...] that the official language of communication between the Court and the Government of the Democratic Republic of Timor-Leste shall be English.

Ukraine

25-10-2024

To subparagraph (a) of paragraph 1 of Article 87: ‘Ukraine declares that requests by the International Criminal Court for cooperation may be transmitted either through diplomatic channels or directly to the Office of the Prosecutor General (for investigations and prosecutions) or to the Ministry of Justice of Ukraine (for the execution of sentences and other decisions of the International Criminal Court rendered upon the case’s review).’
To paragraph 2 of Article 87: ‘Ukraine declares that requests by the International Criminal Court for cooperation and any supporting documents must be sent in the Ukrainian language or supported by a translation into the Ukrainian language.’
To Article 124, ‘Ukraine declares that for a period of seven years after the entry into force of the Rome Statute for Ukraine, it will not accept the jurisdiction of the International Criminal Court regarding crimes referred to in Article 8 (as amended), when it is likely that the crime was committed by its nationals’.

United Kingdom

04-10-2001

The United Kingdom understands the term "the established framework of international law", used in article 8 (2) (b) and (e), to include customary international law as established by State practice and opinio iuris. In that context the United Kingdom confirms and draws to the attention of the Court its views as expressed, inter alia, in its statements made on ratification of relevant instruments of international law, including the Protocol Additional to the Geneva Conventions of 12th August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) of 8th June 1977.
The United Kingdom declares, pursuant to article 87 (2) of the Statute, that requests for co-operation, and any documents supporting the request, must be in the English language.

United States of America

06-11-1998

[...] The United States wishes to note a number of concerns and objections regarding the procedure proposed for the correction of the six authentic texts and certified true copies:
First, the United States wishes to draw attention to the fact that, in addition to the corrections which the Secretary-General now proposes, other changes had already been made to the text which was actually adopted by the Conference, without any notice or procedure. The text before the Conference was contained in A/CONF.183/C.1/L.76 and Adds. 1-13. The text which was issued as a final document, A/CONF.183/9, is not the same text. Apparently, it was this latter text which was presented for signature on July 18, even though it differed in a number of respects from the text that was adopted only hours before. At least three of these changes are arguably substantive, including the changes made to Article 12, paragraph 2(b), the change made to Article 93, paragraph 5, and the change made to Article 124. Of these three changes, the Secretary-General now proposes to "re-correct" only Article 124, so that it returns to the original text, but the other changes remain. The United States remains concerned, therefore, that the corrections process should have been based on the text that was actually adopted by the Conference.
Second, the United States notes that the Secretary-General's communication suggests that it is "established depositary practice" that only signatory States or contracting States may object to a proposed correction. The United States does not seek to object to any of the proposed corrections, or to the additional corrections that were made earlier and without formal notice, although this should not be taken as an endorsement of the merits of any of the corrections proposed. The United States does note, however, that insofar as arguably substantive changes have been made to the original text without any notice or procedure, as noted above in relation to Articles 12 and 93, if any question of interpretation should subsequently arise it should be resolved consistent with A/CONF.183/C.1/L.76, the text that was actually adopted.
More fundamentally, however, as a matter of general principle and for future reference, the United States objects to any correction procedure, immediately following a diplomatic conference, whereby the views of the vast majority of the Conference participants on the text which they have only just adopted would not be taken into account. The United States does not agree that the course followed by the Secretary-General in July represents "established depositary practice" for the type of circumstances presented here. To the extent that such a procedure has previously been established, it must necessarily rest on the assumption that the Conference itself had an adequate opportunity, in the first instance, to ensure the adoption of a technically correct text. Under the circumstances which have prevailed in some recent conferences, and which will likely recur, in which critical portions of the text are resolved at very late stages and there is no opportunity for the usual technical review by the Drafting Committee, the kind of corrections process which is contemplated here must be open to all.
In accordance with Article 77, paragraph 1 (e) of the 1969 Vienna Convention on the Law of Treaties, the United States requests that this note be communicated to all States which are entitled to become parties to the Convention.

06-05-2002

This is to inform you, in connection with the Rome Statute of the International Criminal Court adopted on July 17, 1998, that the United States does not intend to become a party to the treaty. Accordingly, the United States has no legal obligations arising from its signature on December 31, 2000. The United States requests that its intention not to become a party, as expressed in this letter, be reflected in the depositary's status lists relating to this treaty.

16-01-2015

The United States Mission to the United Nations presents its compliments to the United Nations and refers to the U.N. Secretary-General's depositary notification C.N.13.2015.TREATIES-XVIII.10, dated January 6, 2015, regarding the purported accession of the 'State of Palestine' to the Rome Statute of the International Criminal Court, done at Rome July 17, 1998 (the Rome Statute).
The Government of the United States of America does not believe the 'State of Palestine' qualifies as a sovereign State and does not recognize it as such. Accession to the Rome Statute is limited to sovereign States. Therefore, the Government of the United States of America believes that the 'State of Palestine' is not qualified to accede to the Rome Statute.

Uruguay

28-06-2002

As a State party to the Rome Statute, the Eastern Republic of Uruguay shall ensure its application to the full extent of the powers of the State insofar as it is competent in that respect and in strict accordance with the Constitutional provisions of the Republic.
Pursuant to the provisions of part 9 of the Statute entitled "International cooperation and judicial assistance", the Executive shall within six months refer to the Legislature a bill establishing the procedures for ensuring the application of the Statute.

19-07-2002

[...] in accordance with article 87, paragraph 2, of the Statute of the International Criminal Court, the Government of the Eastern Republic of Uruguay wishes to inform the Secretary-General that requests for cooperation and any documents supporting such requests should be drawn up in Spanish or be accompanied by a translation into Spanish.

21-07-2003

The Eastern Republic of Uruguay, by Act No. 17.510 of 27 June 2002 ratified by the legislative branch, gave its approval to the Rome Statute in terms fully compatible with Uruguay's constitutional order. While the Constitution is a law of higher rank to which all other laws are subject, this does not in any way constitute a reservation to any of the provisions of that international instrument.
It is noted for all necessary effects that the Rome Statute has unequivocally preserved the normal functioning of national jurisdictions and that the jurisdiction of the International Criminal Court is exercised only in the absence of the exercise of national jurisdiction.
Accordingly, it is very clear that the above-mentioned Act imposes no limits or conditions on the application of the Statute, fully authorizing the functioning of the national legal system without detriment to the Statute.
The interpretative declaration made by Uruguay upon ratifying the Statute does not, therefore, constitute a reservation of any kind.
Lastly, mention should be made of the significance that Uruguay attaches to the Rome Statute as a notable expression of the progressive development of international law on a highly sensitive issue.

05-03-2004

[...] according to article 87 paragraph 1 (a) of the Rome Statute, [...] the Government of Uruguay has designated the Ministry of Foreign Affairs as its channel of communication with the International Criminal Court.

26-02-2008

[The Eastern Republic of Uruguay has communicated to the Secretary-General] the withdrawal of the interpretative declaration made by the Eastern Republic of Uruguay upon adoption of the Rome Statute of the International Criminal Court.
As you know, Uruguay signed the Rome Statute of the International Criminal Court on 19 December 2000. The Statute was approved at the national level by Act No. 17.510, which was promulgated by the Executive on 27 June 2002.
At that time, however, Uruguay made an interpretative declaration relating to the aforementioned Statute, in language identical to article 2 of the above-mentioned Act.
Without prejudice to the interpretative declaration made at the time of its promulgation, the Act itself (art. 3) states that the Executive shall within six months refer to the Legislature a bill establishing the procedures for ensuring the application of the Statute, pursuant to the provisions of part 9 of the Statute entitled "International cooperation and judicial assistance".