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Amnesty International, March 2009

Amnesty International welcomes the submission to National Congress of the draft legislation to implement the Rome Statute of the International Criminal Court (Rome Statute), six years after Brazil ratified it on 20 June 2002. The draft legislation, if enacted, would be first in a Portuguese-speaking country to address both obligations to cooperate and complementarity obligations and the 5th in the Americas to do so.The draft legislation, which is, at the moment, being analysed by the Comissão de Constituição e Justiça e de Cidadania in Câmara dos Deputados, has a number of positive elements. However, it also has some serious flaws, including the failure to include rape as a crime against humanity or as a war crime, which should be remedied if Brazil, which played an important role in the drafting of the Rome Statute, is to fulfil its obligations under that landmark treaty.

The organization is particularly pleased with some matters included in the bill that we consider to be very positive, which include, among others, the absence of statutes of limitations for genocide, crimes against humanity and war crimes and the inapplicability of amnesties, pardons or privileges to these crimes in draft Article 11 and the absence of any immunity for their perpetrators in draft Article 6. In addition, Amnesty International welcomes the inclusion of a provision providing for the application of the “aut dedere aut judicare” principle in draft Article 128, on Article 7, para. 4, (I), (c), which is in accordance with international law.

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