Penal Matters

Rome Statute of the International Criminal Court (Rome, 17 July 1998)

(Signatories: 139; Parties: 123)

  • The Statute entered into force on 1 July 2002.
  • Rome Statute is the treaty that established the International Criminal Court (ICC). Among other things, the statute establishes the court’s functions, jurisdiction and structure.
  • The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes “shall not be subject to any statute of limitations”.
  • Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are “unable” or “unwilling” to do so themselves; the jurisdiction of the court is complementary to jurisdictions of domestic courts.
  • Forty-one United Nations member states have neither signed nor acceded to the Rome Statute. Some of them, including China and India, are critical of the Court. Ukraine, a non-ratifying signatory, has accepted the Court’s jurisdiction for a period starting in 2013.

Agreement on the Privileges and Immunities of the International Criminal Court (New York, 9 September 2002)

(Signatories: 62; Parties: 77)

  • The treaty provides certain privileges and immunities to officials and staff of the International Criminal Court in order for them to perform their duties impartially. The treaty entered into force on 22 July 2004 after it was ratified by ten states.
  • Currently there are 77 states parties to the Agreement. Although the Agreement is open to all states, Ukraine is the only state that has ratified the Agreement but not the Rome Statute of the International Criminal Court.

Convention on the Safety of United Nations and Associated Personnel (New York, 9 December 1994)

(Signatories: 43; Parties: 95)

  • New Zealand and Ukraine proposed such a convention in 1993, and the International Law Commission drafted the convention in 1994. The United Nations General Assembly passed a resolution adopting the convention on 9 December 1994.
  • Parties to the convention agree to criminalize the commission of murders or kidnappings of UN or association personnel as well as violent attacks against the equipment, official premises, private accommodation, or means of transport of such persons.
  • Parties to the convention also agree to criminalize the attempted commission or threatened commission of such acts.
  • On 8 December 2005, the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel was adopted by the UN General Assembly.
  • The states that signed the convention but have not yet ratified it are Haiti, Honduras, Malta, Pakistan, Sierra Leone, and the United States.

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