Domestic implementation of international criminal law
Arab Republic of Egypt
Domestic Legislation | Peace Accords | Resources and Links
Crimes Crime of Aggression
No provision.
Crimes Against Humanity
No provision.
Genocide
No provision.
War Crimes
According to article 151 of the Constitution of the Arab Republic of Egypt, international treaties shall acquire the force of law following their publication in accordance with the provisions of the Constitution.
Egypt is a State party, inter alia, to the following main International Humanitarian Law treaties:Geneva Conventions, 1949 (Ratification / Accession: 10 November 1952) Additional Protocol (I) to the Geneva Conventions, 1977 (Ratification / Accession: 09 October 1992) Additional Protocol (II) to the Geneva Conventions, 1977 (Ratification / Accession: 09 October 1992) Optional Protocol on the involvement of children in armed conflict, 2000 (Ratification / Accession: 06 February 2007)
International Criminal Court
Rome Statute of the International Criminal Court: Egypt signed the Rome Statute on 26 December 2000 but has not ratified it yet. Egypt is not a state party to the Rome Statute.
Upon signature the Arab Republic of Egypt made the following declarations:"...
2. The Arab Republic of Egypt affirms the importance of the Statute being interpreted and applied in conformity with the general principles and fundamental rights which are universally recognized and accepted by the whole international community and with the principles, purposes and provisions of the Charter of the United Nations and the general principles and rules of international law and international humanitarian law. It further declares that it shall interpret and apply the references that appear in the Statute of the Court to the two terms fundamental rights and international standards on the understanding that such references are to the fundamental rights and internationally recognized norms and standards which are accepted by the international community as a whole.
3. The Arab Republic of Egypt declares that its understanding of the conditions, measures and rules which appear in the introductory paragraph of article 7 of the Statute of the Court is that they shall apply to all the acts specified in that article.
4. The Arab Republic of Egypt declares that its understanding of article 8 of the Statute of the Court shall be as follows:
(a) The provisions of the Statute with regard to the war crimes referred to in article 8 in general and article 8, paragraph 2 (b) in particular shall apply irrespective of the means by which they were perpetrated or the type of weapon used, including nuclear weapons, which are indiscriminate in nature and cause unnecessary damage, in contravention of international humanitarian law.
(b) The military objectives referred to in article 8, paragraph 2 (b) of the Statute must be defined in the light of the principles, rules and provisions of international humanitarian law. Civilian objects must be defined and dealt with in accordance with the provisions of the Protocol Additional to the Geneva Conventions of 12 August 1949 (Protocol I) and, in particular, artile 52 thereof. In case of doubt, the object shall be considered to be civilian.
(c) The Arab Republic of Egypt affirms that the term "the concrete and direct overall military advantage anticipated" used in article 8, paragraph 2 (b) (iv), must be interpreted in the light of the relevant provisions of the Protocol Additional to the Geneva Conventions of 12 August 1949 (Protocol I). The term must also be interpreted as referring to the advantage anticipated by the perpetrator at the time when the crime was committed. No justification may be adduced for the nature of any crime which may cause incidental damage in violation of the law applicable in armed conflicts. The overall military advantage must not be used as a basis on which to justify the ultimate goal of the war or any other strategic goals. The advantage anticipated must be proportionate to the damage inflicted.
(d) Article 8, paragraph 2 (b) (xvii) and (xviii) of the Statute shall be applicable to all types of emissions which are indiscriminate in their effects and the weapons used to deliver them, including emissions resulting from the use of nuclear weapons.
5. The Arab Republic of Egypt declares that the principle of the non-retroactivity of the jurisdiction of the Court, pursuant to articles 11 and 24 of the Statute, shall not invalidate the well established principle that no war crime shall be barred from prosecution due to the statute of limitations and no war criminal shall escape justice or escape prosecution in other legal jurisdictions."
Upon signature the Arab Republic of Egypt made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:
Pursuant to article 87, paragraphs 1 and 2, the Arab Republic of Egypt declares that the Ministry of Justice shall be the party responsible for dealing with requests for cooperation with the Court. Such requests shall be transmitted through the diplomatic channel. Requests for cooperation and any documents supporting the request shall be in the Arabic language, being the official language of the State, and shall be accompanied by a translation into English being one of the working languages of the Court.
Peace Treaty Between the State of Israel and the Arab Republic of Egypt.
23 March 1979. [ENG]
This agreement addresses the cessation of hostilities, recognition of international boundaries, respect for the sovereignty and territorial integrity of the parties, the zone of limited force, navigation and free passage in the Suez Canal, interpretation of the treaty, dispute resolution mechanisms, claims mechanisms and ratification measures. The agreement includes annexes concerning Israeli withdrawal and security arrangements, the organisation of movement in the Sinai and relations between the parties. The document also includes agreed minutes interpreting the main articles of the treaty. [Source: UN Peacemaker, UN Department of Political Affairs]
Framework for Peace in the Middle East and Framework for the Conclusion of a Peace Treaty between Egypt and Israel (Camp David Accords).
17 September 1978. [ENG]
The Camp David Accords comprises two Framework Agreements. The first agreement provides the principles for establishing peace in the Middle East through the establishment of an autonomous regime in the West Bank and Gaza. The second provides the framework for peace between Israel and Egypt including the resolution of the Sinai issue. [Source: UN Peacemaker, UN Department of Political Affairs]
Interim Agreement between Israel and Egypt (Sinai II).
4 September 1975. [ENG]
The agreement is pursuant to the 1974 separation-of-forces agreement following the Yom Kippur War. It provides for the Israeli withdrawal in Sinai to the eastern ends of the Mitla and Gidi Passes, creation of a UN-monitored buffer zone in the evacuated area, converting the previous buffer zone into Egyptian territories and Israeli withdrawal from the oil fields at Abu Rudeis and Ras Sudar. It was also agreed to open the Suez Canal to Israeli non-military cargo ships and to establish American early-warning stations in the area of the passes. The agreement was perceived as an important step towards reaching a comprehensive agreement in accordance with UN Security Council Resolution 338. [Source: UN Peacemaker, UN Department of Political Affairs]
Egyptian - Israeli Agreement on Disengagement of Forces in Pursuance of the Geneva Peace Conference (Sinai I).
18 January 1974. [ENG]
This agreement establishes a zone of separation and calls for the disengagement of forces. This agreement was also known as the Sinai Separation of Forces Agreement (later known as Sinai I). Under its terms, Israel withdrew its forces from the areas west of the Suez Canal held since the October 1973 ceasefire and also pulled back several miles from the Sinai front east of the canal. Three, roughly parallel, security zones were created, each about six miles wide, for Egyptian, UN, and Israeli buffer zones. The UN Zone was occupied by the Second United Nations Emergency Force (UNEF) created by UN Security Council Resolution 340. [Source: UN Peacemaker, UN Department of Political Affairs]
Accord égypto-israélien sur le dégagement des forces en conséquence de la Conférence de la paix de Genève (Sinai I).
18 janvier 1974. [FRA]
Acuerdo entre Egipto e Israel sobre la separación de fuerzas en conformidad con la Conferencia de Paz de Ginebra (Sinai I).
18 enero 1974. [SPA]
Security Council Resolution 338: Ceasefire in the Middle East.
22 October 1973. [ENG]
The resolution calls for all parties to cease all firing and terminate all military activities immediately. The parties should implement Security Council Resolution 242 (1967) in all of its parts and immediately and concurrently with the ceasefire start negotiations with an aim to establish a just and durable peace in the Middle East. [Source: UN Peacemaker, UN Department of Political Affairs]
Résolution 338 (1973) du Conseil de sécurité sur le cessez-le-feu au Moyen-Orient.
22 octobre 1973. [FRA]
Resolución 338 (1973) del Consejo de Seguridad sobre cesación de fuego en el Oriente Medio.
22 octubre 1973. [SPA]
Security Council Resolution 242: The Situation in the Middle East.
22 November 1967. [ENG]
The resolution calls for the withdrawal of Israeli troops from the occupied territories, acknowledges the claim of sovereignty, territorial integrity and political independence of every state in the region and calls on the UN Secretary-General to appoint an Envoy to facilitate an acceptable solution to the conflict. [Source: UN Peacemaker, UN Department of Political Affairs]
Résolution 242 (1967) sur la situation au Moyen-Orient.
22 novembre 1967. [FRA]
Resolución 242 (1967) sobre la situación en el Oriente Medio.
22 noviembre 1967. [SPA]
Egyptian-Israeli General Armistice Agreement.
24 February 1949. [ENG]
The Egyptian-Israeli Armistice Agreement was one of a series of agreements concluded under the aegis of UN acting mediator Ralph Bunche, appointed by UN Security Council resolution 1080 to facilitate the transition from the present truce to permanent peace in Palestine. The armistice includes an agreement by the parties to adhere scrupulously to the injunction of the Security Council against resort to military force in the settlement of the Palestine question. The agreement stipulates that the Armistice Demarcation Line shall not be construed in any way as a political or territorial boundary and is delineated without prejudice to the final settlement of the Palestine question. The original text was submitted to the Security Council as S/1264 on 22 February 1949, S/1264 Add.1 on 24 February 1949, S/1264 Add.1 Corr. 1 on 11 March 1949 and S/1264 Corr. 1 on 11 March 1949. [Source: UN Peacemaker, UN Department of Political Affairs]
Constitution of The Arab Republic of Egypt 2014.
Unofficial translation. (State Information Service). [ENG] [Last accessed 16Nov17] [External Link to pdf document]
Constitution de la République arabe d'Egypte.
Traduction non officielle. (WIPO). [FRA] [Last accessed 16Nov17] [External Link to pdf document]
Egypt: In-depth analysis of the main elements of the new Constitution [ENG]
Directorate-General For External Policies of the Union, Directorate B, Policy Department. [Last accessed 16Nov17] [External Link to pdf document]
Penal Code of Egypt, Law No. 58 of 1937. August 1937
(WIPO). [ENG]. [Last accessed 16Nov17] [External Link to pdf document]
List of International Humanitarian Law Treaties to which Egypt is a State party. [ENG]
(International Committee of the Red Cross). [ENG] [Last accessed 16Nov17] [External Link]