Prosecuting International Crimes in Africa - PULP - University of ...

Implementation of the Rome Statute in Malawi and Zambia 301
would the offences under the Rome Statute meet the requirements under
the Act – strictly speaking, the crimes in the Rome Statute have not been
domestically recognised as criminal offences under Zambian law. This
would mean that since the conduct for which extradition is sought is not
criminal in Zambia, co-operation would not necessarily be forthcoming.
Such complexities, among others, again, highlight the need for the
adoption of a domesticating statute that would properly clarify all issues
relating to the co-operation between Zambia and the ICC.
5.1.4 Effect of bilateral immunity agreements with the USA
Like Malawi and many other countries, Zambia signed a bilateral
immunity agreement with the USA. 111 The situation with regard to
Zambia’s obligations under the Rome Statute closely mirrors that of
Malawi. There is a pressing need for Zambia to deliberately reconcile its
obligations under the bilateral immunity agreement with its obligations
under the Rome Statute. Again, the best mechanism for achieving this
would be the passing of a domesticating statute which outlines all of
Zambia’s obligations under the Statute in clear detail.
5.2 Existing challenges and the way forward
Zambia signed the Rome Statute on 17 July 1998 and it deposited its
instrument of ratification on 13 November 2002. 112 In August 2004 at a
workshop on the implementation of the Rome Statute, the Zambian
Minister of Justice, George Kunda, intimated that Zambia had began the
process of reviewing its laws in preparation of passing implementing
legislation. 113 Not much progress, however, was made in the time after
that ministerial commitment. In 2006 during a workshop organised by the
Coalition for the International Criminal Court and Zambia’s national
coalition, the then Minister of Justice again pledged to start the
implementation process. 114 The subsequent Presidential and
Parliamentary Elections, allegedly, slowed down the process. It is now
alleged that Zambia has some form of draft implementing legislation in the
pipeline. 115
111 Zambia signed the agreement on 1 July 2003, http://www.iccnow.org/
?mod=country&iduct=192 (accessed 25 March 2010).
112 http://www.icc-cpi.int/Menus/ASP/states+parties/African+States/Zambia.htm
(accessed 23 March 2010).
113 Coalition for the International Criminal Court ICC-Africa 5 http://
coalitionfortheicc.org/documents/ICCAfrica_Issue1_Jun06_en.pdf (accessed 23
March 2010).
114 http://www.iccnow.org/?mod=country&iduct=192 (accessed 26 March 2010).
115 http://asiapacific.amnesty.org/library/Index/ENGIOR400412006?open&of=ENG-
385 (accessed 23 March 2010). It is more likely, however, that the process of preparing
implementing legislation in Zambia is still in its very early stages and what currently
exists might be no more than White Paper within the Attorney-General’s office –
Interview with Prof M Hansungule, 26 March 2010.