Coalition for the International Criminal Court
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Rome Statute   Austria signed on 7 October 1998 and ratified on 28 December 2000.
Agreement on Privileges and Immunities Austria signed the APIC on 10 September 2002 and ratified on 17 December 2003.
Bilateral Immunity Agreement Austria has not signed a BIA.
Implementing Legislation Cooperation: On 10 July 2002, the Austrian Parliament unanimously approved the Law on Cooperation with the ICC. It provides the legal basis for complying with requests of the ICC for the surrender of persons and for other forms of assistance. The law also enables Austria to accept convicted persons on its territory, for the purpose of enforcing prison sentences imposed by the Court. After parliamentary approval, the ratification bill was signed by the Federal President and entered into force on 1 October 2002 (Austrian Federal Law Gazette I Nr.135/2002).

Substantive Criminal Law: The Ministry of Justice is considering an amendment to the Austrian Penal Code, in order to include all crimes under the Rome Statute. However, no concrete steps have been taken so far and in particular the question of which articles need to be modified or introduced is still unresolved.

Enforcement of ICC sentences: Austria was the first State to sign an Agreement with the ICC on the Enforcement of Sentences on 27 October 2005. The Austrian Federal Minister of Justice, Ms. Karin Gastinger, and the President of the International Criminal Court, Mr. Philippe Kirsch, signed the first agreement between a State Party and the ICC on the enforcement of the sentences to be handed down by the Court. The signing ceremony took place at the seat of the International Criminal Court in The Hague, The Netherlands. The agreement entered into force on 26. November 2005 and is published in the (Austrian Federal Law Gazette III Nr. 201/2005).

Universal jurisdiction: The Austrian Penal Code (Austrian Federal Law Gazette Nr. 60 /1974, as amended) provides for universal jurisdiction in its Section 64 para. 1 subparas. 4, 5, 6, 9 and 10 as well as in Section 65 para. 1 subpara. 2. The offences subject to universal jurisdiction include, but are not limited to, acts of slavery, trafficking in human beings, counterfeiting, piracy and terrorism. However, the question whether universal jurisdiction will be applicable to crimes covered by the Rome Statute, will have to be decided during the process of implementing the crimes under the Rome Statute into the Austrian Penal Code.

Victims: The execution of reparation orders of the ICC is spelled out in Section 42 of the Austrian Law on Cooperation with the ICC. Under this provision reparations can be executed in Austria, if they are requested by the ICC and are based on a decision or an order of the latter. Furthermore, claims must be enforceable in Austria, i.e. objects and assets must be believed to be located and punitive damages must be believed to be enforceable
in Austria. For the time being, there are no specific rules granting reparation to victims of crimes covered by the Rome Statute. The granting of reparation to such victims follows the general rules applicable to victims of ordinary crimes. Victims of ordinary crimes can generally sue for damages in civil law suits. Moreover, victims of serious crimes(premeditated crimes with sentences of more than six months of imprisonment) who have suffered physical or mental injuries that have resulted in medical expenses or a reduced capacity to work may apply for financial assistance through a government program run by the Austrian social services office (Bundessozialamt). This however, only applies to EU and EEA citizens.
Membership Austria is a member of Like-Minded Country, EU, OSCE, Council of Europe.
Country Updates
Government and Inter-governmental Documents
Author Date and Title
Dec 2011
Statement made during the 10th Assembly of States Parties- Austria