Ecuador Enacts Law Governing Cooperation with International Criminal Court
A Significant Step Forward in Combating Impunity
On March 14, 2024, the National Assembly of Ecuador unanimously approved the Organic Law of Cooperation Between the Ecuadorian State and the International Criminal Court (ICC). The law became effective on May 16, 2024, marking a significant step forward in the global fight against impunity.
Clear Mechanisms for Cooperation
The primary objective of this law is to establish clear mechanisms and procedures for cooperation between Ecuador and the ICC. The law provides that the ICC will exercise its jurisdiction as complementary to Ecuador’s national criminal jurisdiction, in accordance with provisions of the Rome Statute.
Key Areas of Cooperation:
- Ensuring individuals are handed over promptly to the ICC as provided for on the Rome Statute
- Establishing procedures to deal with multiple requests of extradition from the ICC and other sovereign states
- Determining procedures by which provisional detention of individuals within Ecuador will be carried out, when required urgently by the ICC
- Facilitating the arrest and extradition of individuals as requested by the ICC
- Providing comprehensive support in investigations, including gathering evidence, conducting interrogations, securing documents, protecting witnesses, and ensuring the protection of victims
Designated Government Bodies
The law designates several key government bodies to facilitate cooperation with the ICC, including:
- The Ministry of Foreign Affairs and Human Mobility
- The Attorney General’s Office
- The National Court of Justice
Procedures for Handling Requests
Procedures for handling requests are outlined in detail, emphasizing the rights of detainees, validation of detention, provisional detention, and the process by which the individual will be handed over to the ICC. The law also provides that Ecuador retains the right to refuse cooperation if national security is compromised.
A Unanimous Decision
In a unanimous decision, the National Assembly supported the Law of Cooperation, highlighting its significance in strengthening Ecuador’s commitment to international justice, human rights, and the fight against impunity. Assembly member Raisa Corral noted that this law aims to reinforce national judicial bodies to provide due process guarantees as established in the international legal framework regarding crimes like genocide, ethnocide, forced disappearance, extrajudicial execution, crimes against humanity, among others.
A Significant Step Forward
The Law of Cooperation marks a significant step forward for Ecuador in its commitment to combating impunity and upholding human rights.