Coalition for the International Criminal Court
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Americas
Firmly committed to the establishment of the Court, the Americas was one of the most engaged and active regions supporting the idea of an International Criminal Court and the effective entry into force of the Rome Statute. To date, out of the 35 countries in the Americas, 28 have become States Parties to the Court: 12 in the Caribbean (Antigua and Barbuda, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname and Trinidad and Tobago); 15 in Latin America (Argentina, Brazil, Bolivia, Chile, Costa Rica, Colombia, Ecuador, Guatemala, Honduras, Mexico, Panama, Peru, Paraguay, Uruguay and Venezuela,); and Canada. In cooperation with key civil society organizations, the CICC closely monitors developments and undertakes actions geared toward achieving additional ratifications by the countries in the region, providing up-to-date information on ICC issues, liaising with regional organizations to disseminate broader knowledge about the Court and to uphold the principles it embodies, and monitoring ICC implementing legislation processes, including ratification of the Agreement on the Privileges and Immunities of the Court (APIC).

The support of the region has motivated, since 1999, the adoption of resolutions by the General Assembly of the Organization of American States (OAS) regarding the promotion of the ICC.
In the Americas, initiatives to implement the Rome Statute were launched soon after ratification. Despite these initial strides, significant work remains to really complete the effective implementation of the Rome Treaty into national law. To date only Argentina, Canada, Chile, Nicaragua, Panama, Peru, Trinidad and Tobago and Uruguay have enacted legislation, but other countries are engaging in these efforts as well. In close coordination with our national members, the Coalition works to assist governments in such endeavors.

Represented by Chief Prosecutor, H.E. Mr. Luis Moreno Ocampo from Argentina and Judges Elizabeth Odio Benito from Costa Rica, Rene Blattmann from Bolivia, and Sylvia Steiner from Brazil, there is an encouraging degree of commitment and participation at the ICC from high level officials from the Americas region.
List of Subregions
Latin American governments have been firm supporters of the ICC, actively engaging in efforts to ratify and implement the Rome Statute in the region. In collaboration with civil society organizations, academics, government officials and parliamentarians, advocacy efforts have mobilized diverse constituencies to consolidate Latin America as one of the Court’s staunchest supporters. To date, out of the 17 States in the region, 15 have ratified or acceded to the Rome Statute of the ICC. El Salvador, Guatemala[LG1] and Nicaragua are the only countries that have yet to finalize their ratification processes in order to ensure a fully committed representation from this region.

Ensuring that governments follow up and implement the Rome Statute into national legislation is a key area of interest for the Coalition. Several countries – including Brazil and Bolivia – have advanced implementing legislation initiatives, while others, such as Peru, have undergone an extensive process of reform of their criminal code, including the adoption of a whole chapter on cooperation with the ICC. Other countries – like Ecuador, Mexico and Paraguay – have initiated such processes but still need to continue their efforts in order to harmonize their internal laws with the Rome Statute’s obligations.
The Caribbean region has historically been a critical contributor in the development of the ICC. In 1989, Trinidad and Tobago, led by then Prime Minister Arthur N.R. Robinson, submitted to the 44th General Assembly a new agenda item for consideration of the establishment of an ICC. By the end of that year, and with the support of a number of other countries including all Caribbean Community (CARICOM) states, a motion was piloted through the UN system which resulted in the adoption of a resolution by consensus calling for the creation of an International Criminal Court. This intervention and support from the region paved the way to the Rome Statute’s adoption in 1998

To date, more than half of all Caribbean nations – including Antigua and Barbuda, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, St. Vincent and the Grenadines, St. Kitts and Nevis, St. Lucia, Suriname and Trinidad and Tobago – have ratified the Rome Statute. Bahamas, Haiti and Jamaica are the only three CARICOM countries that are yet to become State Parties. In February 2006, Trinidad and Tobago became the first country in the Caribbean to enact ICC Implementing legislation, therefore fulfilling its emergent obligations under the Rome Statute.

Belize, Guyana, and Trinidad and Tobago have ratified the Agreement on Privileges and Immunities of the Court and the Bahamas and Jamaica are signatories to the Agreement.
Canada and U.S.A.
Canada has been involved from the very beginning of the modern effort to establish the ICC and has been providing leadership, advocacy and resources in support of the ICC ever since. Canada chaired the ‘Like-Minded Group’ during the Rome Diplomatic Conference to present a united and supportive position on the ICC and broker agreement on the Rome Statute’s main provisions. In 2000, Canada became the first country to adopt comprehensive implementing legislation on the Rome Statute. Mr. Philippe Kirsch, who chaired negotiations at the 1998 Rome Diplomatic Conference and the Preparatory Commission, was elected as an ICC Judge in February 2003 and as the Court’s President in March 2003. Canada ratified the Agreement on Privileges and Immunities (APIC) in June 2004. As the 10th State to ratify APIC, Canada triggered APIC’s entry into force in July 2004. The Canadian Government hosts a [[website]] ((http://www.dfait-maeci.gc.ca/foreign_policy/icc/welcome-en.asp)) which showcases Canada’s contribution to the effort to create the ICC and a section to promote the signature, ratification and implementation of the International Criminal Court.


While Canada has been strongly supportive of the Court, the United States has a recent history of opposition to the ICC. Since Nuremberg, the United States had historically supported international mechanisms to enhance accountability. United States’ President Bill Clinton signed the Rome Statute on December 31 December 2000, the last day that it was open for signature. Shortly after the Bush Administration entered office and just before the 1 July 2002 entry into force of the Rome Statute, US President George W. Bush “nullified” the Clinton signature on 6 May 2002, alleging that the United States would no longer be involved in the ICC process and that it did not consider itself as having any legal obligations under the treaty. The legality of such a “nullification” is unclear and the subject of debate by international legal scholars. Since 2002, the Bush
Administration has undertaken a policy of active opposition to the Court through a global campaign to obtain immunity from ICC jurisdiction through a multi-pronged approach.
Academic Papers and Reports
Author Date and Title
CEU, UFP, THUAS, UDR, CCPI
June 2014
I Seminario de Pensamiento Iberoamericano sobre la Justicia Internacional
CMDPDH
06 Feb 2014
Retiro de reservas a la convención sobre desaparecidos forzados
Elizabeth Santalla, The Peace and Justice Initiative
Nov 2013
Implementación del Estatuto de la Corte Penal Internacional en Bolivia. Reseña y Recomendaciones Técnicas para el Proceso de Implementación – Noviembre de 2013 Anteproyecto de Nuevo Código de Procedimiento Penal
Redress
June 2013
Torture in the Americas: The law and Practice
Comision Colombiana de Juristas
16 June 2011
Observaciones Sobre la Ley de Victimas
Fundacion para el Debido Proceso Legal
01 Apr 2011
Digesto de Jurisprudencia latinoamericana sobre crimenes de derecho internacional
Salvador Herencia Carrasco
Aug 2010
Implementation of War Crimes in Latin America: An Assessment of the Impact of the Rome Statute of the International Criminal Court
Draft Legislation
Author Date and Title
Argentina
May 2004
Argentina's Draft implementation bill (June 2004)
Argentina
NA
Argentina’s Second Draft Law on Crimes under the Jurisdiction of the International Criminal Court
Government and Inter-governmental Documents
Author Date and Title
UNASUR
June 2012
Special Declaration of the Minister of Foreign Affairs of the Union of South American Nations (UNASUR)- Tenth anniversary of the entry into force of the Rome Statute of the International Criminal Court
Argentina
Dec 2011
Statement made during the 10th Assembly of States Parties- Argentina
Bolivia
Dec 2011
Discurso realizado durante la 10a Asamblea de Estados Partes- Bolivia
Brazil
Dec 2011
Statement made during the 10th Assembly of States Parties- Brazil
Colombia
Dec 2011
Statement made during the 10th Assembly of States Parties- Colombia
Costa Rica
Dec 2011
Discurso realizado durante la 10a Asamblea de Estados Partes- Costa Rica
Ecuador
Dec 2011
Discurso realizado durante la 10a Asamblea de Estados Partes - Ecuador
Guatemala
Dec 2011
Statement made during the 10th Assembly of States Parties- Guatemala
Mexico
Dec 2011
Statement made during the 10th Assembly of States Parties- Mexico
Peru
Dec 2011
Discurso realizado durante la 10a Asamblea de Estados Partes- Peru
Trinidad & Tobago
Dec 2011
Statement made during the 10th Assembly of States Parties- Trinidad & Tobago
EU
20 May 2011
Statement by High Representative Catherine Ashton on the ratification of the Rome Statute of the International Criminal Court by Grenada
Presidency Press Secretary
06 Dec 2010
Remarks by the President of the Republic of Colombia, Santos, at the ninth session of the ASP
UNASUR
04 May 2010
Special Declaration on the First Review Conference on the Rome Statute of the ICC
Argentina
01 Nov 2007
Statement by Argentina during the 62nd General Assembly plenary meeting on Agenda Item 76: The ICC
Cuba
01 Nov 2007
Statement by Cuba during the 62nd General Assembly plenary meeting on Agenda Item 76: The ICC
Mexico
01 Nov 2007
Statement by Mexico during the 62nd General Assembly plenary meeting on Agenda Item 76: The ICC
Trinidad & Tobago
01 Nov 2007
Statement by Trinidad & Tobago during the 62nd General Assembly plenary meeting on Agenda Item 76: The ICC
XI Cumbre Iberoamericana de Jefes de Estado y de Gobierno
24 Nov 2001
Declaración de Lima "Unidos para construir el mañana"
NGO Letters, Papers, Reports, and Statements
Author Date and Title
CICC
03 June 2014
Letter to Haiti President
CICC
Mar 2014
Letter to Prime Minister of The Bahamas
FIDH
28 Feb 2014
Former Guantánamo Detainees Urge French Judge to Subpoena Former Guantánamo Commander for Role in Detainee Torture
Comisión Colombiana de Juristas
25 July 2013
Intervención en la audiencia pública sobre la constitucionalidad del “marco jurídico para la paz”
ECCHR/ CAJAR / CUT
09 July 2013
Executive Summary of follow-up communication on Colombia to the ICC
ASFC
18 June 2013
PERSECUCIÓN PENAL DEL DELITO DE DESPLAZAMIENTO FORZADO EN COLOMBIA
ASFC y Corporación Humanas
10 June 2013
ASFC y Corporación Humanas publican informe de observación de juicio de violencia sexual en el marco del conflicto armado colombiano