States parties to the Rome Statute

The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.

States parties

As of June 2025, there are 125 states parties to the Rome Statute.

State party Signed Ratified or acceded Entry into force A1 A2 A3 A4 A5 A6 A7
Afghanistan 10 February 2003 1 May 2003
Albania 18 July 1998 31 January 2003 1 May 2003
Andorra 18 July 1998 30 April 2001 1 July 2002 In force In force Ratified Ratified Ratified Ratified In force
Antigua and Barbuda 23 October 1998 18 June 2001 1 July 2002
Argentina 8 January 1999 8 February 2001 1 July 2002 In force In force
Armenia 1 October 1999 14 November 2023 1 February 2024
Australia 9 December 1998 1 July 2002 1 September 2002
Austria 7 October 1998 28 December 2000 1 July 2002 In force In force Ratified
Bangladesh 16 September 1999 23 March 2010 1 June 2010
Barbados 8 September 2000 10 December 2002 1 March 2003
Belgium 10 September 1998 28 June 2000 1 July 2002 In force In force Ratified In force In force In force In force
Belize 5 April 2000 5 April 2000 1 July 2002
Benin 24 September 1999 22 January 2002 1 July 2002
Bolivia 17 July 1998 27 June 2002 1 September 2002 In force
Bosnia and Herzegovina 17 July 1998 11 April 2002 1 July 2002
Botswana 8 September 2000 8 September 2000 1 July 2002 In force In force
Brazil 7 February 2000 20 June 2002 1 September 2002
Bulgaria 11 February 1999 11 April 2002 1 July 2002
Burkina Faso 30 November 1998 16 April 2004 1 July 2004
Cambodia 23 October 2000 11 April 2002 1 July 2002
Canada 18 December 1998 7 July 2000 1 July 2002
Cape Verde 28 December 2000 10 October 2011 1 January 2012
Central African Republic 12 December 1999 3 October 2001 1 July 2002
Chad 20 October 1999 1 November 2006 1 January 2007
Chile 11 September 1998 29 June 2009 1 September 2009 In force In force In force In force In force
Colombia 10 December 1998 5 August 2002 1 November 2002
Comoros 22 September 2000 18 August 2006 1 November 2006
Congo, Democratic Republic of the 8 September 2000 11 April 2002 1 July 2002
Congo, Republic of the 17 July 1998 3 May 2004 1 August 2004
Cook Islands 18 July 2008 1 October 2008
Costa Rica 7 October 1998 7 June 2001 1 July 2002 In force In force
Côte d'Ivoire 30 November 1998 15 February 2013 1 May 2013
Croatia 12 October 1998 21 May 2001 1 July 2002 In force In force Ratified In force In force In force In force
Cyprus 15 October 1998 7 March 2002 1 July 2002 In force In force Ratified In force In force In force In force
Czech Republic 13 April 1999 21 July 2009 1 October 2009 In force In force In force In force In force
Denmark 25 September 1998 21 June 2001 1 July 2002 Ratified Ratified Ratified Ratified Ratified Ratified Ratified
Djibouti 7 October 1998 5 November 2002 1 February 2003
Dominica 12 February 2001 1 July 2002
Dominican Republic 8 September 2000 12 May 2005 1 August 2005
Ecuador 7 October 1998 5 February 2002 1 July 2002 In force
El Salvador 3 March 2016 1 June 2016 In force In force
Estonia 27 December 1999 30 January 2002 1 July 2002 In force In force Ratified In force In force In force In force
Fiji 29 November 1999 29 November 1999 1 July 2002
Finland 7 October 1998 29 December 2000 1 July 2002 In force In force Ratified
France 18 July 1998 9 June 2000 1 July 2002 Ratified
Gabon 22 December 1998 20 September 2000 1 July 2002
Gambia, The 4 December 1998 28 June 2002 1 September 2002
Georgia 18 July 1998 5 September 2003 1 December 2003 In force In force
Germany 10 December 1998 11 December 2000 1 July 2002 In force In force Ratified In force In force In force In force
Ghana 18 July 1998 20 December 1999 1 July 2002
Greece 18 July 1998 15 May 2002 1 August 2002
Grenada 19 May 2011 1 August 2011
Guatemala 2 April 2012 1 July 2012
Guinea 7 September 2000 14 July 2003 1 October 2003
Guyana 28 December 2000 24 September 2004 1 December 2004 In force In force
Honduras 7 October 1998 1 July 2002 1 September 2002
Hungary 15 January 1999 30 November 2001 1 July 2002
Iceland 26 August 1998 25 May 2000 1 July 2002 In force
Ireland 7 October 1998 11 April 2002 1 July 2002 In force
Italy 18 July 1998 26 July 1999 1 July 2002 In force In force Ratified
Japan 17 July 2007 1 October 2007
Jordan 7 October 1998 11 April 2002 1 July 2002
Kiribati 26 November 2019 1 February 2020
Kenya 11 August 1999 15 March 2005 1 June 2005
Korea, South 8 March 2000 13 November 2002 1 February 2003
Latvia 22 April 1999 28 June 2002 1 September 2002 In force In force Ratified In force In force In force Ratified
Lesotho 30 November 1998 6 September 2000 1 July 2002
Liberia 17 July 1998 22 September 2004 1 December 2004
Liechtenstein 18 July 1998 2 October 2001 1 July 2002 In force In force Ratified In force In force
Lithuania 10 December 1998 12 May 2003 1 August 2003 In force In force Ratified In force In force In force In force
Luxembourg 13 October 1998 8 September 2000 1 July 2002 In force In force In force In force In force In force
Madagascar 18 July 1998 14 March 2008 1 June 2008
Malawi 2 March 1999 19 September 2002 1 December 2002
Maldives 21 September 2011 1 December 2011
Mali 17 July 1998 16 August 2000 1 July 2002
Malta 17 July 1998 29 November 2002 1 February 2003 In force In force
Marshall Islands 6 September 2000 7 December 2000 1 July 2002
Mauritius 11 November 1998 5 March 2002 1 July 2002 In force
Mexico 7 September 2000 28 October 2005 1 January 2006 In force In force In force In force
Moldova 8 September 2000 12 October 2010 1 January 2011
Mongolia 29 December 2000 11 April 2002 1 July 2002 In force In force
Montenegro 23 October 2006 3 June 2006
Namibia 27 October 1998 25 June 2002 1 September 2002
Nauru 13 December 2000 12 November 2001 1 July 2002
Netherlands 18 July 1998 17 July 2001 1 July 2002 In force In force Ratified In force In force In force In force
New Zealand 7 October 1998 7 September 2000 1 July 2002 In force In force In force In force In force
Niger 17 July 1998 11 April 2002 1 July 2002 In force
Nigeria 1 June 2000 27 September 2001 1 July 2002
North Macedonia 7 October 1998 6 March 2002 1 July 2002 In force In force
Norway 28 August 1998 16 February 2000 1 July 2002 In force Ratified In force In force In force In force
Palestine 2 January 2015 1 April 2015 In force In force
Panama 18 July 1998 21 March 2002 1 July 2002 In force In force
Paraguay 7 October 1998 14 May 2001 1 July 2002 In force In force
Peru 7 December 2000 10 November 2001 1 July 2002 In force In force
Poland 9 April 1999 12 November 2001 1 July 2002 In force In force
Portugal 7 October 1998 5 February 2002 1 July 2002 In force In force Ratified In force
Romania 7 July 1999 11 April 2002 1 July 2002 In force Ratified In force In force In force In force
Saint Kitts and Nevis 22 August 2006 1 November 2006
Saint Lucia 27 August 1999 18 August 2010 1 November 2010
Saint Vincent and the Grenadines 3 December 2002 1 March 2003
Samoa 17 July 1998 16 September 2002 1 December 2002 In force In force
San Marino 18 July 1998 13 May 1999 1 July 2002 In force In force Ratified Ratified Ratified Ratified Ratified
Senegal 18 July 1998 2 February 1999 1 July 2002
Serbia 19 December 2000 6 September 2001 1 July 2002
Seychelles 28 December 2000 10 August 2010 1 November 2010 Ratified Ratified Ratified Ratified Ratified Ratified Ratified
Sierra Leone 17 October 1998 15 September 2000 1 July 2002
Slovakia 23 December 1998 11 April 2002 1 July 2002 In force In force Ratified In force In force In force
Slovenia 7 October 1998 31 December 2001 1 July 2002 In force In force Ratified In force In force In force In force
South Africa 17 July 1998 27 November 2000 1 July 2002
Spain 18 July 1998 24 October 2000 1 July 2002 In force In force Ratified Ratified Ratified Ratified Ratified
Suriname 15 July 2008 1 October 2008
Sweden 7 October 1998 28 June 2001 1 July 2002 In force In force Ratified In force
 Switzerland 18 July 1998 12 October 2001 1 July 2002 In force In force Ratified In force In force In force In force
Tajikistan 30 November 1998 5 May 2000 1 July 2002
Tanzania 29 December 2000 20 August 2002 1 November 2002
Timor-Leste 6 September 2002 1 December 2002 Ratified Ratified Ratified
Trinidad and Tobago 23 March 1999 6 April 1999 1 July 2002 In force In force
Tunisia 24 June 2011 1 September 2011
Uganda 17 March 1999 14 June 2002 1 September 2002
Ukraine 20 January 2000 25 October 2024 1 January 2025 In force In force In force In force In force In force
United Kingdom 30 November 1998 4 October 2001 1 July 2002
Uruguay 19 December 2000 28 June 2002 1 September 2002 In force In force Ratified In force In force In force In force
Vanuatu 2 December 2011 1 February 2012
Venezuela 14 October 1998 7 June 2000 1 July 2002
Zambia 17 July 1998 13 November 2002 1 February 2003

Implementing legislation

The Rome Statute obliges states parties to cooperate with the Court in the investigation and prosecution of crimes, including the arrest and surrender of suspects. Part 9 of the Statute requires all states parties to “ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part”.

Under the Rome Statute's complementarity principle, the Court only has jurisdiction over cases where the relevant state is unwilling or unable to investigate and, if appropriate, prosecute the case itself. Therefore, many states parties have implemented national legislation to provide for the investigation and prosecution of crimes that fall under the jurisdiction of the Court.

As of October 2024, the following states had enacted implementing legislation:

State party Complementarity legislation Co-operation legislation Agreement on the Privileges and Immunities
Afghanistan Yes No No
Albania Yes Yes Yes
Andorra No No Yes
Antigua and Barbuda No No No
Argentina Yes Yes Yes
Armenia No No No
Australia Yes Yes No
Austria Yes Yes Yes
Bangladesh Yes No No
Barbados No No No
Belgium Yes Yes Yes
Belize No No Yes
Benin Yes Yes Yes
Bolivia No No Yes
Bosnia and Herzegovina Yes Yes Yes
Botswana Yes Yes Yes
Brazil No No Yes
Bulgaria No Yes Yes
Burkina Faso Yes Yes Yes
Cambodia Yes No No
Canada Yes Yes Yes
Cape Verde Yes No No
Central African Republic Yes Yes Yes
Chad No No No
Chile Yes No Yes
Colombia Yes No Yes
Comoros Yes Yes No
Congo, Democratic Republic of the Yes Yes Yes
Congo, Republic of the No No No
Cook Islands No No No
Costa Rica Yes Yes Yes
Côte d'Ivoire Yes No No
Croatia Yes Yes Yes
Cyprus No No Yes
Czech Republic Yes No Yes
Denmark Yes Yes Yes
Djibouti No No No
Dominica No No No
Dominican Republic Yes No Yes
Ecuador Yes Yes Yes
El Salvador No No No
Estonia Yes Yes Yes
Fiji No No No
Finland Yes Yes Yes
France Yes Yes Yes
Gabon No No Yes
Gambia, The No No No
Georgia Yes Yes Yes
Germany Yes Yes Yes
Ghana No No No
Greece Yes Yes Yes
Grenada No No No
Guatemala No No No
Guinea Yes Yes No
Guyana No No Yes
Honduras No No Yes
Hungary Yes No Yes
Iceland Yes Yes Yes
Ireland Yes Yes Yes
Italy Yes Yes Yes
Japan No Yes No
Jordan No No No
Kiribati No No No
Kenya Yes Yes No
Korea, South Yes Yes Yes
Latvia Yes Yes Yes
Lesotho No No Yes
Liberia No No Yes
Liechtenstein No Yes Yes
Lithuania Yes Yes Yes
Luxembourg Yes Yes Yes
Madagascar No No No
Malawi No No Yes
Maldives No No No
Mali Yes No Yes
Malta Yes Yes Yes
Marshall Islands No No No
Mauritius Yes Yes No
Mexico No No Yes
Moldova No No Yes
Mongolia No No Yes
Montenegro Yes Yes Yes
Namibia No No Yes
Nauru No No No
Netherlands Yes Yes Yes
New Zealand Yes Yes Yes
Niger No No No
Nigeria No No No
North Macedonia Yes Yes Yes
Norway Yes Yes Yes
Palestine No No Yes
Panama Yes No Yes
Paraguay Yes Yes Yes
Peru No Yes Yes
Poland Yes Yes Yes
Portugal Yes No Yes
Romania Yes Yes Yes
Saint Kitts and Nevis No No No
Saint Lucia No No No
Saint Vincent and the Grenadines No No No
Samoa Yes Yes Yes
San Marino No No Yes
Senegal Yes Yes Yes
Serbia Yes Yes Yes
Seychelles No No No
Sierra Leone No No No
Slovakia Yes Yes Yes
Slovenia Yes Yes Yes
South Africa Yes Yes No
Spain Yes Yes Yes
Suriname No No No
Sweden Yes Yes Yes
 Switzerland Yes Yes Yes
Tanzania No No No
Tajikistan No No No
Timor-Leste No No Yes
Trinidad and Tobago Yes Yes Yes
Tunisia No No Yes
Uganda Yes Yes Yes
Ukraine No No Yes
United Kingdom Yes Yes Yes
Uruguay Yes Yes Yes
Vanuatu No No No
Venezuela No No No
Zambia No No No

In total, 68 states have adopted at least one piece of complementarity legislation, 59 have adopted at least one cooperation law, 52 have adopted neither, and 55 have adopted both. 13 have implemented complementarity only, and 4 have implemented cooperation only.

Timeline of signatures and ratifications/accessions

Date Signatures
31 December 1998 71
31 December 1999 92
31 December 2000 139
Date Ratifications/accessions Remaining signatories Denunciations
31 December 1998 0 71 0
31 December 1999 6 86
31 December 2000 27 112
31 December 2001 48 92
31 December 2002 87 55
31 December 2003 92 51
31 December 2004 97 46
31 December 2005 100 43
31 December 2006 104 41
31 December 2007 105
31 December 2008 108 40
31 December 2009 110 38
31 December 2010 114 34
31 December 2011 120 32
31 December 2012 121
31 December 2013 122 31
31 December 2014
31 December 2015 123
31 December 2016 124
31 December 2017 123 1
31 December 2018
31 December 2019 2
31 December 2020
31 December 2021
31 December 2022
31 December 2023 124 30
31 December 2024 125 29

States that have denounced the Rome Statute are no longer considered signatories.

Regional groups and minimum voting requirements

The number of states parties from the several United Nations regional groups has an influence on the regional minimum voting requirements during elections of judges. Paragraph 20(b) of the procedure for the nomination and election of judges of the Court states that each Party must vote for at least as many candidates from a regional group as would be required to bring the number of judges from that group to two. If, however, more than 16 states parties belong to the group, this target is increased to three.

The following table lists how many states parties there are from each regional group as of August 2024. After the accession of the Maldives on 1 December 2011, the Asia–Pacific Group became the last regional group to reach the threshold size of 17 members, just in time to increase the minimum voting requirement for this group in the 2011 election. Since then, the target for the regional minimum voting requirement has remained at three for all regional groups. This has resulted in at least three judges from each regional group sitting on the bench except during the term from 2020 to 2023, when there were only two judges from the Asia–Pacific group. Because only a single candidate from that group was nominated in the 2020 election, no minimum voting requirement was applied for the group, and the one nominee was not elected.

Group Number of states parties
African Group 33
Asia–Pacific Group 19
Eastern European Group 20
Latin American and Caribbean Group 28
Western European and Others Group 25

Withdrawal

Article 127 of the Rome Statute allows for states to withdraw from the ICC. Withdrawal takes effect one year after notification of the depositary, and has no effect on prosecution that has already started. As of June 2025, five states have given formal notice of their intention to withdraw from the statute, although two rescinded the notification before it came into effect.

State party Signed Ratified or acceded Entry into force Withdrawal notified Withdrawal effective Withdrawal rescinded
Burundi 13 January 1999 21 September 2004 1 December 2004 27 October 2016 27 October 2017
Gambia, The 4 December 1998 28 June 2002 1 September 2002 10 November 2016 10 February 2017
Philippines 28 December 2000 30 August 2011 1 November 2011 17 March 2018 17 March 2019
South Africa 17 July 1998 27 November 2000 1 July 2002 19 October 2016 7 March 2017
Hungary 15 January 1999 30 November 2001 1 July 2002 2 June 2025 2 June 2026

Several states have argued that the ICC is a tool of Western imperialism, only punishing leaders from small, weak states while ignoring crimes committed by richer and more powerful states. This sentiment has been expressed particularly by African states, 34 of which are members of the ICC, due to a perceived disproportionate focus of the Court on Africa. Nine out of the ten situations which the ICC has investigated were in African countries.

In June 2009, several African states, including Comoros, Djibouti, and Senegal, called on African states parties to withdraw en masse from the statute in protest against the indictment of Sudanese President Omar al-Bashir. In September 2013, Kenya's National Assembly passed a motion to withdraw from the ICC in protest against the ICC prosecution of Kenyan Deputy President William Ruto and President Uhuru Kenyatta (both charged before coming into office). A mass withdrawal from the ICC by African member states in response to the trial of Kenyan authorities was discussed at a special summit of the African Union in October. The summit concluded that serving heads of state should not be put on trial, and that the Kenyan cases should be deferred. However, the summit did not endorse the proposal for a mass withdrawal due to lack of support for the idea. In November the ICC's Assembly of State Parties responded by agreeing to consider proposed amendments to the Rome Statute to address the AU's concerns.

In October–November 2016, Burundi, South Africa, and The Gambia all notified the UNSG of their intention to withdraw from the ICC. Burundi was the subject of an ongoing preliminary investigation by the ICC at the time. South Africa's exit followed its refusal to execute an ICC warrant for Sudan's al-Bashir when he was in the country. Following The Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, The Gambia rescinded its withdrawal notification. The constitutionality of South Africa's notice was challenged by the Democratic Alliance opposition party, which argued that the approval of parliament was required and not sought. The High Court of South Africa ruled in February 2017 that the government's notification was not legal, and it was required to revoke the notice effective 7 March 2017. A parliamentary bill on ICC withdrawal was subsequently withdrawn by the government. The governing African National Congress party continued to support withdrawing, and in 2019 a new bill was put before Parliament to withdraw from the Statute, though this was also withdrawn in March 2023. Following the issuance of ICC arrest warrants for Vladimir Putin and Maria Lvova-Belova of Russia in March 2023, due to the deportation of children from Ukraine to Russia during the Russian invasion of Ukraine, South African president Cyril Ramaphosa declared that his country had decided to withdraw from the treaty to allow Putin to visit their country without risk of arrest for the upcoming 2023 BRICS summit hosted in South Africa. However, it was subsequently clarified that such a decision had not been made.

On March 14, 2018, Rodrigo Duterte, the Philippine president who was under preliminary examination by the ICC for his controversial war on drugs campaign, announced that the country would withdraw from the Rome Statute. He argued that while the Statute was ratified by the Senate of the Philippines in 2011, it was never published in the Official Gazette of the Philippines, a requirement for penal laws (of which the Rome Statute subscribes as such) to take effect. Hence, he claimed that the Philippines was never a State Party ab initio. Additionally, he stated that the ICC was being utilized as a political tool against weak targets such as the Philippines. The United Nations received the official notification of withdrawal on March 17, 2018; one year later (March 17, 2019), by rule, the Philippines' withdrawal became official. The legal validity of the withdrawal was challenged at the Supreme Court of the Philippines, which dismissed the case in 2021 in a unanimous decision for being "moot and academic". Nevertheless, the Supreme Court affirmed that the Philippines was obliged to cooperate with the ICC regarding acts committed while the Rome Statute was still in effect. While Bongbong Marcos, Duterte's successor as President, initially stated that the country "has no intention of rejoining the ICC", in 2023 he stated that he was studying the possibility of rejoining. The Philippine government also confirmed that it would extradite Duterte to the ICC if the matter were transferred to Interpol. When an arrest warrant was issued in March 2025, Duterte was arrested by Philippine police and surrendered to the custody of the ICC shortly thereafter. In July 2025 the Secretary of Foreign Affairs stated that while no decision to rejoin the ICC had been made, the possibility was under discussion by relevant agencies

In February 2025, following the ICC prosecutor's request for arrest warrants against Supreme Leader Hibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani, the Taliban government, which is not recognized by the United Nations, issued a decree purporting to withdraw Afghanistan from the ICC effective immediately and retroactively nullify the accession in 2003.

On 3 April 2025, Hungary announced that it would withdraw from the ICC, shortly after Benjamin Netanyahu, who was wanted by the court for his alleged war crimes in Gaza, arrived to the country for an official visit. Prime Minister Viktor Orban stated that the court's decision to prosecute Netanyahu showed it had become a "political court". On 20 May 2025, with 134 votes in favour, 37 against and 7 abstentions, the Hungarian National Assembly passed a bill approving withdrawal. According to article 127 of the Rome Statute, withdrawal will take legal effect no earlier than one year from the date of notification to the Secretary-General of the United Nations, and does not discharge Hungary from its obligations under the Statute until withdrawal becomes effective. Hungary's withdrawal would be the first time a European Union member state decided to withdraw from the Rome Statute.

On September 2025, Burkina Faso, Niger and Mali, who are a part of the Alliance of Sahel States announced their plans to withdraw from the ICC, labeling it as an "instrument of neo-colonialist repression". The three leaders (Ibrahim Traoré, Abdourahamane Tchiani and Assimi Goïta) accused the ICC of targeting less privileged countries and stated that the ICC "has proven itself incapable of handling and prosecuting proven war crimes, crimes against humanity, crimes of genocide, and crimes of aggression". The three leaders further stated that they were in favor of creating "indigenous mechanisms for the consolidation of peace and justice" as an alternative.

Acceptance of jurisdiction

Pursuant to article 12(3) of the Rome Statute of the International Criminal Court, a state that is not a party to the Statute may, "by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question." Even if the state that does so is not a State Party to the Statute, the relevant provisions of the statute would still be applicable on the accepting state, but only on an ad hoc basis.

To date, the Court has received seven article 12(3) declarations. Additionally, a declaration was submitted in December 2013 by the Freedom and Justice Party of Egypt seeking to accept jurisdiction on behalf of Egypt. However, the Office of the Prosecutor found that as the party had lost power following the 2013 Egyptian coup d'état that July, it did not have the authority to make the declaration on behalf of Egypt.

State Date of acceptance Start of jurisdiction End of jurisdiction Date of membership
Côte d'Ivoire 18 April 2003 19 September 2002 Indefinite 1 May 2013
Palestine* 21 January 2009 1 July 2002 Indefinite 1 April 2015
Ukraine 9 April 2014 21 November 2013 22 February 2014 1 January 2025
Palestine 31 December 2014 13 June 2014 Indefinite 1 April 2015
Ukraine 8 September 2015 20 February 2014 Indefinite 1 January 2025
Armenia 15 November 2023 10 May 2021 Indefinite 1 February 2024
Libya 12 May 2025 1 January 2011 31 December 2027
* = Declaration was deemed invalid by the Office of the Prosecutor.

Signatories which have not ratified

Of the 139 states that had signed the Rome Statute, 29 have not ratified. Of these, 4 have formally indicated that they no longer plan to ratify the treaty.

State Signature
Algeria 28 December 2000
Angola 7 October 1998
Bahamas, The 29 December 2000
Bahrain 11 December 2000
Cameroon 17 July 1998
Egypt 26 December 2000
Eritrea 7 October 1998
Guinea-Bissau 12 September 2000
Haiti 26 February 1999
Iran 31 December 2000
Israel* 31 December 2000
Jamaica 8 September 2000
Kuwait 8 September 2000
Kyrgyzstan 8 December 1998
Monaco 18 July 1998
Morocco 8 September 2000
Mozambique 28 December 2000
Oman 20 December 2000
Russia* 13 September 2000
São Tomé and Príncipe 28 December 2000
Solomon Islands 3 December 1998
Sudan* 8 September 2000
Syria 29 November 2000
Thailand 2 October 2000
United Arab Emirates 27 November 2000
United States* 31 December 2000
Uzbekistan 29 December 2000
Yemen 28 December 2000
Zimbabwe 17 July 1998
* = States which have declared that they no longer intend to ratify the treaty

According to the Vienna Convention on the Law of Treaties, a state that has signed but not ratified a treaty is obliged to refrain from "acts which would defeat the object and purpose" of the treaty. However, these obligations do not continue if the state has "made its intention clear not to become a party to the treaty". Four signatory states (Israel, the Russian Federation, Sudan, and the United States) have informed the UN Secretary General that they no longer intend to become parties to the Rome Statute, and as such have no legal obligations arising from their signature.

Bahrain

The government of Bahrain originally announced in May 2006 that it would ratify the Rome Statute in the session ending in July 2006. By December 2006, the ratification had not yet been completed, but the Coalition for the International Criminal Court said they expected ratification in 2007.

Israel

Israel voted against the adoption of the Rome Statute but later signed it for a short period. In 2002, Israel notified the UN Secretary General that it no longer intended to become a party to the Rome Statute, and as such, it has no legal obligations arising from their signature of the statute.

Israel states that it has "deep sympathy" with the goals of the Court. However, it has concerns that political pressure on the Court would lead it to reinterpret international law or to "invent new crimes". It cites the inclusion of "the transfer of parts of the civilian population of an occupying power into occupied territory" as a war crime as an example of this, whilst at the same time disagrees with the exclusion of terrorism and drug trafficking. Israel sees the powers given to the prosecutor as excessive and the geographical appointment of judges as disadvantaging Israel which was prevented from joining any of the UN Regional Groups.

Kuwait

At a conference in 2007, the Kuwaiti Bar Association and the Secretary of the National Assembly of Kuwait, Hussein Al-Hereti, called for Kuwait to join the Court.

Russia

Russia signed the Rome Statute in 2000. On 14 November 2016 the ICC published a report on its preliminary investigation of the Russo-Ukrainian War which found that "the situation within the territory of Crimea and Sevastopol factually amounts to an on-going state of occupation" and that "information, such as reported shelling by both States of military positions of the other, and the detention of Russian military personnel by Ukraine, and vice-versa, points to direct military engagement between Russian armed forces and Ukrainian government forces that would suggest the existence of an international armed conflict in the context of armed hostilities in eastern Ukraine". In response, a presidential decree by Russian President Vladimir Putin approved "sending the Secretary General of the United Nations notice of the intention of the Russian Federation to no longer be a party to the Rome Statute". Formal notice was given on 30 November 2016.

Sudan

Sudan signed the Rome Statute in 2000. In 2005 the ICC opened an investigation into the war in Darfur, a region of Sudan. Omar al-Bashir, the President of Sudan, was indicted in 2009. On 26 August 2008, Sudan notified the UN Secretary General that it no longer intended to ratify the treaty and therefore no longer bears any legal obligations arising from its signature. Following the 2019 Sudanese coup d'état, Sadiq al-Mahdi a former prime minister of Sudan who backs the opposition, called for Sudan to join the ICC.

On 4 August 2021, the Sudanese government approved unanimously a draft bill to join the Rome Statute of the International Criminal Court.

Thailand

Former Senator Kraisak Choonhavan called in November 2006 for Thailand to ratify the Rome Statute and to accept retrospective jurisdiction, so that former premier Thaksin Shinawatra could be investigated for crimes against humanity connected to 2,500 alleged extrajudicial killings carried out in 2003 against suspected drug dealers.

United States

The United States signed the Rome Statute in December 2000 (under President Bill Clinton), but Clinton decided not to submit the treaty to the United States Senate for ratification, stating: "I will not, and do not recommend that my successor [George W. Bush] submit the treaty to the Senate for advice and consent until our fundamental concerns are satisfied." Opponents of the ICC in the U.S. Senate are "skeptical of new international institutions and still jealously protective of American sovereignty"; before the Rome Statute, opposition to the ICC was largely headed by Republican Senator Jesse Helms. On May 6, 2002, the Bush administration stated that the U.S. did not intend to become a state party to the ICC; in a letter to Secretary-General of the United Nations Kofi Annan, Under Secretary of State for Arms Control and International Security John Bolton stated that "the United States does not intend to become a party to the treaty," and that "the United States has no legal obligations arising from its signature on December 31, 2000." This letter is sometimes called the "unsigning" of the treaty, but legal opinions on its actual legal effects differ, with some scholars arguing that the president does not have the power to unilaterally "unsign" treaties.

The United States "adopted a hostile stance towards the Court throughout most of the Bush presidency." In 2002, Congress enacted the American Servicemembers' Protection Act (ASPA), which was signed into law on August 2, 2002; the "overriding purpose of the ASPA was to inhibit the U.S. government from supporting the ICC." Major provisions of the ASPA blocked U.S. funding of the ICC and required the U.S. "to enter into agreements with all ICC signatory states to shield American citizens abroad from ICC jurisdiction, under the auspices of Article 98 of the Rome Statute," which bars the ICC "from prosecuting individuals located on the territory of an ICC member state, where such action by the Court would cause the member state to violate the terms of any other bilateral or multilateral treaty to which it is a party." Traditionally, Article 98 was used in relation to traditional status of forces agreements (SOFAs) and status of mission agreements (SOMAs), in which nations hosting U.S. military personnel by invitation agreed to immunize them from prosecution in foreign courts. The Bush administration, supported by opponents of the ICC in Congress, adopted a new strategy of aggressively pursuing Bilateral Immunity Agreements (BIAs), "which guarantee immunity from ICC prosecution for all American citizens in the country with which the agreement is concluded" rather than just U.S. military forces. "Under the original ASPA, nations who refused to conclude BIAs with the United States were subject to sanctions, including the loss of military aid (though these provisions have since been repealed)." As of December 2006, the U.S. State Department reported that it had signed 102 BIAs. In 2002, the United States threatened to veto the renewal of all United Nations peacekeeping missions unless its troops were granted immunity from prosecution by the Court. In a compromise move, the Security Council passed Resolution 1422 on 12 July 2002, granting immunity to personnel from ICC non-states parties involved in United Nations established or authorized missions for a renewable twelve-month period. This was renewed for twelve months in 2003 but the Security Council refused to renew the exemption again in 2004, after pictures emerged of US troops abusing Iraqi prisoners in Abu Ghraib, and the US withdrew its demand.

Under the Obama administration, the U.S. did not take moves to ratify the Rome Statute, but did adopt a "cautious, case-by-case approach to supporting the ICC" by supporting cases before the ICC. Secretary of State Hillary Clinton stated that the U.S. encouraged "effective ICC action in ways that promote U.S. interests by bringing war criminals to justice." U.S. steps in support of the ICC undertaken under the Obama administration included participating in the annual Assembly of States Parties as an observer; using the U.S.'s permanent seat on the UN Security Council to support the referral of cases to the ICC (including Libya in 2011); "sharing intelligence on fugitives and providing other substantial in-kind support" to the ICC; and expanding the War Crimes Rewards Program."

The first Trump administration strained relations with the ICC, stating it would revoke visas for any ICC staff seeking to investigate Americans for war crimes. Secretary of State Mike Pompeo stated that such revocations could be applied to any staff involved with investigating war crimes committed by Israel or other allied nations as well.

Yemen

On 24 March 2007, the Yemeni parliament voted to ratify the Rome Statute. However, some MPs claim that this vote breached parliamentary rules, and demanded another vote. In that further vote, the ratification was retracted.

Non-party, non-signatory states

The deadline for signing the Rome Statute expired following 31 December 2000. States that did not sign before that date have to accede to the Statute in a single step.

Of all the states that are members of the United Nations, observers in the United Nations General Assembly, or otherwise recognized by the Secretary-General of the United Nations as states with full treaty-making capacities, there are 41 which have neither signed nor acceded to the Statute:

  • Azerbaijan
  • Belarus
  • Bhutan
  • Brunei
  • China
  • Cuba
  • Equatorial Guinea
  • Ethiopia
  • India
  • Indonesia
  • Iraq
  • Kazakhstan
  • Korea, North
  • Laos
  • Lebanon
  • Libya
  • Malaysia
  • Mauritania
  • Micronesia
  • Myanmar
  •   Nepal
  • Nicaragua
  • Niue
  • Pakistan
  • Palau
  • Papua New Guinea
  • Qatar
  • Rwanda
  • Saudi Arabia
  • Singapore
  • Somalia
  • South Sudan
  • Sri Lanka
  • Swaziland
  • Togo
  • Tonga
  • Turkey
  • Turkmenistan
  • Tuvalu
  • Vatican City
  • Vietnam

Additionally, in accordance with practice and declarations filed with the Secretary-General, the Rome Statute is not in force in the following dependent territories:

  • Guernsey – a Crown dependency of the United Kingdom
  • Jersey – a Crown dependency of the United Kingdom
  • Tokelau – a territory of New Zealand

China

The People's Republic of China has opposed the Court, on the basis that it goes against the sovereignty of nation states, that the principle of complementarity gives the Court the ability to judge a nation's court system, that war crimes jurisdiction covers internal as well as international conflicts, that the Court's jurisdiction covers peacetime crimes against humanity, that the inclusion of the crime of aggression weakens the role of the UN Security Council, and that the Prosecutor's right to initiate prosecutions may open the Court to political influence.

India

The government of India has consistently opposed the Court. It abstained in the vote adopting the statute in 1998, saying it objected to the broad definition adopted of crimes against humanity; the rights given to the UN Security Council to refer and delay investigations and bind non-states parties; and the use of nuclear weapons and other weapons of mass destruction not being explicitly criminalized. Other anxieties about the Court concern how the principle of complementarity would be applied to the Indian criminal justice system, the inclusion of war crimes for non-international conflicts, and the power of the Prosecutor to initiate prosecutions.

Indonesia

In October 1999, the Indonesian representative at the United Nations General Assembly Sixth Committee stated that Indonesia supports the adoption of the Rome Statute, and that "universal participation should be the cornerstone of the International Criminal Court". The Indonesian 2004 National Plan of Action on Human Rights (Rencana Aksi Nasional Hak Asasi Manusia, RANHAM) stated Indonesia's intention to ratify the statute in 2008. This was repeated in 2007 by Foreign Minister Hassan Wirajuda and the head of the Indonesian People's Representative Council's Committee on Security and International Affairs, Theo L. Sambuaga. In May 2013, Defense Minister Purnomo Yusgiantoro stated that the government needed "more time to carefully and thoroughly review the pros and cons of the ratification".

Iraq

In February 2005, the Iraqi Transitional Government decided to ratify the Rome Statute. However, two weeks later it reversed this decision, a move that the Coalition for the International Criminal Court claimed was due to pressure from the United States.

Lebanon

In March 2009, Lebanese Justice Minister said the government had decided not to join for now. The Coalition for the International Criminal Court claimed this was due in part to "intense pressure" from the United States, who feared it could result in the prosecution of Israelis in a future conflict. Following the outbreak of the Gaza war which triggered clashes between Israel and the Lebanese armed group Hezbollah, in April 2024 Lebanon's cabinet decided to submit a declaration to the ICC accepting the court's jurisdiction over crimes committed on Lebanese territory since 7 October 2023. However, the following month this decision was reversed, and the declaration was not submitted.

Malaysia

Malaysia submitted an instrument of accession to the Rome Statute on 4 March 2019, which was to enter into force on 1 June. However, on 29 April 2019, Malaysia submitted a notice withdrawing its instrument of accession effective immediately to the Secretary General of the United Nations, preventing it from acceding. Prime Minister Mahathir Mohamad explained that the withdrawal was due to concerns over its constitutionality as well as possible infringement of the sovereignty of the Malay Rulers.

Nepal

On 25 July 2006, the Nepalese House of Representatives directed the government to ratify the Rome Statute. Under Nepalese law, this motion is compulsory for the Executive.

Following a resolution by Parliament requesting that the government ratify the Statute, Narahari Acharya, Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs of Nepal, said in March 2015 that it had "formed a taskforce to conduct a study about the process". However, he said that it was "possible only after promulgating the new constitution", which was being debated by the 2nd Nepalese Constituent Assembly.

Pakistan

Pakistan has supported the aims of the International Court and voted for the Rome Statute in 1998. However, Pakistan has not signed the agreement on the basis of several objections, including the fact that the Statute does not provide for reservations upon ratification or accession, the inclusion of provisional arrest, and the lack of immunity for heads of state. In addition, Pakistan (one of the largest suppliers of UN peacekeepers) has, like the United States, expressed reservations about the potential use of politically motivated charges against peacekeepers.

South Sudan

South Sudan's President Salva Kiir Mayardit said in 2013 that the country would not join the ICC.

Turkey

Turkey is currently a candidate country to join the European Union, which has required progress on human rights issues in order to continue with accession talks. Part of this has included pressure, but not a requirement, on Turkey to join the Court which is supported under the EU's Common Foreign and Security Policy. Turkish prime minister Recep Tayyip Erdoğan stated in October 2004 that Turkey would "soon" ratify the Rome Statute, and the Turkish constitution was amended in 2004 to explicitly allow nationals to be surrendered to the Court. However, in January 2008, the Erdoğan government reversed its position, deciding to shelve accession because of concerns it could undermine efforts against the Kurdistan Workers Party (PKK).

See also

  • List of presidents and vice-presidents of the Assembly of States Parties of the International Criminal Court
  • European Union and the International Criminal Court
  • Armenia and the International Criminal Court

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