States: Ratify ICC cooperation treaty

Agreement on Privileges and Immunities of the International Criminal Court

The Coalition is calling on states to immediately initiate the process of ratifying the Agreement on Privileges and Immunities of the International Criminal Court (APIC).

To date, only 77 states have ratified the APIC - the agreement giving ICC staff the privileges and immunities they need to execute their mandate to provide justice for victims of genocide, crimes against humanity, and war crimes.

ICC member states who have not ratified the APIC may not have the necessary framework to effectively cooperate with the Court.

The APIC is also open to ratification by non-ICC members, like Ukraine which ratified it in 2007. These states demonstrate a commitment to international justice, even prior to ratifying the Rome Statute.

What is the APIC?

Open to ratification by any state—including those not yet members of the ICC—the APIC is an international treaty that provides the ICC with the access and cooperation it requires from governments.

The APIC establishes the legal rights of International Criminal Court (ICC) and states parties’ personnel as they carry out work around the world in support of ICC proceedings.

Call on states to ratify the APIC

 

Why is the APIC important?

The APIC is crucial for the ICC system of international justice to work effectively, as it provides the ICC with the access and cooperation it requires to execute its mandate to provide justice for victims of genocide, crimes against humanity, and war crimes.

Only by ratifying and implementing the Agreement can states guarantee their officials are aware of the actual scope and realities of these privileges and immunities and how to apply them in concrete situations

A treaty of real relevance

The ICC Office of the Prosecutor (OTP) has highlighted the value of visiting the countries in question to be able to assess the admissibility of such cases before the ICC. However, sometimes such access has been frustrated by the lack of guarantees of privileges and immunities of Court personnel

One example involved four ICC staff members being detained in Libya, depsite a recent UN Security Council referral obliging the country's authorities to cooperate fully with the Court. Ratification of the APIC from both ICC members and other nations would be a solution to future instances of violations against such rights.