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Updates on Argentina
31 Dec 2005
On 20 June 2005, President Kirchner. together with the Presidents from all MERCOSUR Member States', adopted a Declaration entitled "Committment of the MERCOSUR to the Rome Statute of the International Criminal Court", in which they highlighted the importance and scope of the Rome Statute. They also adopted a common position regarding the provision of Article 98 of the Rome Statute by committing themselves "not to undertake multilateral or bilateral agreements with Third States, that could effect the basis of the jurisdiction of the International Criminal Court or other provisions of the Rome Statute".

In June 2004, the Constitutional Affairs Commission of the Senate approved ICC implementing legislation which is a consensus text. The Bill, which included complementarity and cooperation, was forwarded to the Chamber of Deputies for approval. Several deputies wish to introduce amendments to make the text stronger and more consistent with international law. Others want to re-introduce the former text drafted by the Inter-Ministerial Committee in 2001. Some NGOs have raised concerns related to the text approved by the Senate, which they consider weaker in comparison with the 2001 text.

In March 2003, the Senate Foreign Affairs Commission began discussing implementing legislation and invited several NGOs to present comments in a public hearing.

On 9 October 2002, a draft version of Argentina's implementation legislation was submitted by the President to Congress.

The draft implementation bill was presented at a meeting at the 10th Preparatory Commission. Comments and suggestions formulated by NGOs were considered, before it was sent to Congress.

Previously, an inter-ministerial commission, created by the government in August 2000, made public its first draft on domestic implementing legislation, which was then submitted to several universities, human rights organizations and independent experts for comments and proposed amendments. This draft provided for incrimination and domestic punishment of the crimes under the Rome Statute and included a series of provisions that would facilitate cooperation between Argentina and the ICC. In early February 2002, the commission submitted the final version of the draft to the President of the Republic.

The ratification act was published in the official gazette of the government on 23 January 2001, thereby making Argentina's obligations under the ICC Statute part of the domestic law. Prior to publication, the ratification bill was approved by three commissions of the Chamber of Deputies and the plenary of the Parliament, and received the Senate's authorization.