Our purpose: Promoting peace through criminal justice – preventing crimes of aggression

Vale Hans-Peter Kaul: Hans-Peter Kaul, retired ICC judge, head of the German delegation to the Rome Conference and member of the Global Institute’s Council of Advisers, died on 21 July 2014. He leaves behind a rich and unique legacy, having had an impact on international criminal law, the International Criminal Court and the fight to criminalize the illegal use of force that will be felt for many years to come.

As head of the German delegation at the Rome Conference, Judge Kaul played an instrumental role in ensuring the adoption of the Rome Statute, in safeguarding the judicial independence of the Court, and in securing the inclusion of the crime of aggression on the list of crimes over which the Court has jurisdiction. Among the first judges elected to serve on the bench of the ICC and assigned to the Pre-Trial Division, Hans-Peter contributed to the formation of the Court’s jurisprudence and was instrumental in setting up the Court’s institutions. He also remained a tireless advocate for activation of the Court’s jurisdiction over the crime of aggression.

Upon joining the Council of Advisers of the Global Institute for the Prevention of aggression, Hans-Peter made the following statement:

“It is … my firm conviction that aggressive war-making … and the use of unjustified armed force inevitably lead, time and again, to mass atrocities. I strongly believe that there can be no successful prevention of war crimes and crimes against humanity without the effective criminalisation and prosecution of aggressive war-making.”

Hans-Peter never wavered in his commitment and always persevered in his fight for the cause in which he so strongly believed. His leadership will remain exemplary. We are grateful to have worked with Hans-Peter and for the support and friendship he extended to us, and we are committed to honoring his legacy. The thoughts of all those who work on this campaign are with his wife Elisabeth.

Expert panel discusses policy options in ratifying the Kampala amendments: At an event organized in celebration of International Justice Day, 17 July, experts discussed the policy dimension of the Kampala Amendments. Christian Wenaweser, Permanent Representative of Liechtenstein to the UN, emphasized that it was unlikely that the ICC’s focus on genocide, crimes against humanity and war crimes would change, even after the activation of the aggression amendments in 2017. Beth van Schaack, Professor at Santa Clara Law, sounded a note of caution, noting that a number of issues regarding the aggression amendments still needed to be resolved, and that States should be cautious in implementing the amendments. Focusing on Eastern Europe, Andrej Logar, Permanent Representative of Slovenia to the UN said States from the region were leaders in ratifying the Kampala Amendments. His own country had both ratified and implemented the amendments. The ICC would be ready to deal with the crime when it was activated, said Sang-Hyun Song, President of the Court, though adjustments to the rules and regulations of the Court, as well as in the budget, may become necessary.

In the subsequent discussion, Spain and Poland announced that their national ratification processes were coming to an end, and that they hoped to deposit their instruments of ratification by the end of September.

Missed our event? You can watch the archived video at any time.

Photo (from left to right): Andrej Logar (Permanent Representative of Slovenia to the UN), Sang-Hyun Song (President, ICC), David Tolbert (Moderator, President, ICTJ), Christian Wenaweser (Permanent Representative of Liechtenstein to the UN), Beth van Schaack (Professor, Santa Clara Law)

European Parliament calls for Ratifications of the Kampala Amendments: On 17 July, in a resolution supported across party lines, the European Parliament expressed its support for the Kampala Amendments on the Crime of Aggression. In plain language, it called on EU Member States to ratify the amendments and support their activation. The EU as a whole was encouraged to develop a common position on the Crime of Aggression and to promote the ratification of the Rome Statute as amended with its external partners.

The resolution was initiated by the Green MEP and member of Parliamentarians for Global Action Barbara Lochbihler who said “EU governments can play a crucial role […] by ratifying the ‘Kampala Amendment.’” This sentiment was echoed by Liechtenstein’s Ambassador to the UN, Christian Wenaweser who noted that “this decision places the amendments in the context of the campaign for universality of the Rome Statute and is a significant contribution to the acceptance of the revised Rome Statute.”

Austria 15th State to ratify Kampala Amendments: On 17 July, Martin Sajdik, Permanent Representative of Austria to the United Nations, deposited his country’s instrument of ratification of the Kampala Amendments. With this 15th ratification, our campaign has reached a halfway point towards the goal of achieving 30 ratifications by the end of 2015, and thus allowing for the activation of the amendments in early 2017. Austria has become the ninth Member State of the European Union to ratify the amendments.

Please follow us on twitter @CrimeAggression for the latest news on this International Justice Day.

Photo: UN/Win Khine

Upcoming Panel Discussion: “Into the homestretch – towards the activation of the Kampala Amendments on the Crime of Aggression“: The Mission of Liechtenstein and the Global Institute for the Prevention of Aggression will be commemorating 17 July, International Criminal Justice Day, with a panel discussion on the crime of aggression at UN Headquarters in New York. The panel will feature Judge Sang-Hyun Song, President of the International Criminal Court, renowned international legal scholar Beth van Schaack, as well as the Permanent Representatives of Liechtenstein and Slovenia to the United Nations. It will be moderated by David Tolbert, President of the International Center for Transitional Justice. The panelists will explore the relevance of the amendments and the challenges ahead of their activation in 2017.

All are invited to attend. Please have a look at our upcoming events page for more information, including how to register.

Foreign Ministers of Slovenia and Liechtenstein call for ratification of Kampala Amendments: The open letter was penned by Karl Erjavec, Deputy Prime Minister and Minister of Foreign Affairs of Slovenia and Aurelia Frick, Minister of Foreign Affairs of Liechtenstein on the occasion of the regional workshop for Eastern Europe. In their letter, the ministers take stock of the founding and operation of the International Criminal Court, concluding that “never before has international criminal justice been such an important factor in the international community’s response to violent conflict.” They then turn to the Kampala Amendments on the crime of aggression which will enable the ICC to help to enforce a key provision of the Charter of the United Nations. Activation of the amendments would be a triumph of principles over politics. “We invite all our fellow ICC States Parties to join us on this path and call upon States not Parties to the Rome Statute to embrace the ICC and, by so doing, join the fight against impunity,” the ministers conclude.

The full text of the open letter is available online.

Photo credit: Kris Kotarski/Wayamo Foundation and United Nations

Successful conclusion of regional workshop for Eastern Europe: The two-day seminar brought together States from the Eastern European region to discuss the ratification and implementation of the Kampala amendments on the crime of aggression. There is no doubt that the region is on the leading edge of the fight against illegal war making: four States from the region have ratified the amendments (Croatia, Estonia, Slovakia, Slovenia), five more are expected to ratify before the end of the year (Albania, Czech Republic, Georgia, Macedonia, Poland), and the remaining nine are working on the ratification process. Speakers at the workshop included Karl Erjavec, Minister for Foreign Affairs of Slovenia and UN Secretary-General Ban Ki-moon, who contributed a video message, as well as the Presidents of the International Criminal Court and its Assembly of States Parties.

Statements:
UN Secretary-General’s message
Ben Ferencz’s message
President Song‘s statement.
UN Legal Counsel‘s statement.

Press Releases:
Press Release by the Ministry of Foreign Affairs of Slovenia
Joint Press Release

Photo: Kris Kotarski / Wayamo Foundation

Prohibiting the illegal use of force – promoting of the Kampala Amendments in Eastern Europe: On 15 and 16 May, Slovenia, Liechtenstein and the Global Institute for the Prevention of Aggression will be hosting a workshop on the Kampala Amendments and the universality of the Rome Statute in Ljubljana, Slovenia. The high-level segment will feature ICC-President Judge Song, UN Under-Secretary-General for Legal Affairs Serpa Soares, President of the ICC-States Parties Intelmann and Slovenian Foreign Minister Erjavec, as well as video messages by UN Secretary-General Ban Ki-moon and Ben Ferencz. Four of the 18 Eastern European States Parties have ratified the amendments (most recently Slovakia on 18 April 2014), and several others will do so in the near future.  The workshop aims to encourage even more States in the region to ratify and to provide concrete assistance for this process. Eastern European States which have not joined the Rome Statute yet are also invited.

For more information, see upcoming events as well as the event’s programme.

Media representatives are invited to a press conference. Any enquiries about media coverage of the workshop should be sent to Bettina Ambach (Bettina@bettinaambach.de).

Photo © tourism-ljubljana

Slovakia ratifies Kampala Amendments: On 28 April 2014, State Secretary Peter Burian deposited Slovakia’s instrument of ratification of the Kampala Amendments at the United Nations. Slovakia is the 14th State to have ratified the Kampala Amendments on the Crime of Aggression, the fourth Eastern European State and the seventh NATO Member State to do so. The Ratification comes on the eve of the regional workshop on the Kampala Amendments for the Eastern European region, which will take place in Ljubljana, Slovenia on 15 & 16 May. See our upcoming events page for more information.

Photo © UN/Win Khine: UN Under-Secretary-General for Legal Affairs, Miguel de Serpa Soares (second from right) accepts Slovakia’s instrument of ratification from State Secretary Peter Burian (second from left). Ambassador Tiina Intelmann, President of the Assembly of States Parties to the Rome Statute (on the right) and Ambassador Christian Wenaweser of Liechtenstein (on the left) witness the event.

Slovak Parliament approves ratification of Kampala Amendments: On 26 March 2013 the National Council of Slovakia agreed to the ratification of the Kampala Amendments to the Rome Statute. They must now be approved by the Slovak President before an instrument of ratification can be deposited. Prior to the near-unanimous approval by the plenary, the Amendments had been considered by the Foreign Affairs and the Constitutional and Legal Affairs Committees. Slovakia is on track to become the 14th State Party to the Kampala Amendments on the crime of aggression, and would be the fourth State in Eastern Europe to ratify.

Photo © AP

New Zealand Justice Minister opens Pacific regional workshop: Hon. Judith Collins, MP, Minister of Justice of New Zealand, opened the Pacific regional workshop on the universality of the Rome Statute and the crime of aggression. She noted that “given the history of the Pacific region, the illegal use of force contrary to the United Nations Charter has particular resonance.”

Ban Ki-moon, Secretary-General of the United Nations sent a message to the workshop’s opening, in which he said that he looked forward to receiving more instruments of ratification of the Kampala amendments from the region. In his speech, the President of the ICC, Hon Judge Sang-Hyun Song outlined why States from the region should join the Rome Statute.

During the workshop, taking place on 6 and 7 March, participants from Pacific Island States and States from the surrounding Asian region will address topics like the achievements and challenges of the Court’s first 12 years and the road from Rome to Kampala, amongst others. See our past events page for more information.

Relevant documents:

New Zealand Workshop begins with Press Conference: On the eve of the Workshop for the Universality of the Rome Statute of the International Criminal Court and the Kampala Amendments on the Crime of Aggression in the Pacific Region, New Zealand press were given an opportunity to ask questions relating to the ICC and to the crime of aggression. Hon Judge Sang-Hyun Song (President, ICC), Christian Wenaweser (Liechtenstein’s Ambassador to the UN) and Dr. Penelope Ridings (Legal Adviser to the Ministry of Foreign Affairs and Trade New Zealand) briefed the media on the workshop and the issues to be covered.

The Audio of Press Conference on ICC Workshop (32:27 minutes) is available to download.

Media from the Pacific region are invited to participate in a telephone press conference (7 March 2014 at 12.30 (NZDT)). Please see the press advisory for further details.

Promoting universality of the Rome Statute and the Kampala Amendments in the Pacific Region: On 6 and 7 March, New Zealand, Liechtenstein and the Global Institute for the Prevention of Aggression will be hosting a workshop on the universality of the Rome Statute and the Kampala Amendments in the Pacific Region. At the present, only 8 of the 16 members of the Pacific Island Forum have ratified the Rome Statute. The aim of the workshop is the encourage ratification of the Rome Statute and the Kampala amendments and to inform States of the resources that States can draw upon to support them in their ratification processes. For more information, see upcoming events.

Media representatives are invited to a press conference on 5 March. They are further invited to direct any enquiries to Bettina Ambach (Bettina@bettinaambach.de).

Picture Credit: Central Intelligence Agency

Austrian government approves Kampala Amendments: On 29 January, the Council of Ministers of Austria approved the ratification of the Kampala Amendments (see the agenda of the Council of Ministers Session, in German). These were subsequently forwarded to parliament for adoption (see the ratification documents before parliament, in German). There are currently 13 States Parties to the Kampala Amendments on the Crime of Aggression. To date, seven Member States of the European Union have ratified the amendments.

Government of Slovakia approves Kampala Amendments: On 15 January 2014, the Kampala Amendments to the Rome Statute were approved by the government of Slovakia. The amendments will now be examined by parliament, subject to final ratification by the president. Currently, 13 States Parties have ratified the Kampala Amendments on to the crime of aggression as well as those on article 8 (war crimes). There has been strong interest in the crime of aggression amendments in Eastern Europe, with three States having ratified so far.

Croatia ratifies crime of aggression amendments: On 20 December, Croatia deposited its instrument of ratification of the Kampala amendments with the Office of Legal Affairs of the United Nations. Like 12 other States before it, Croatia chose to ratify both sets of Kampala amendments – pertaining to war crimes and the crime of aggression – simultaneously. It had already implemented the amendments into its domestic law earlier this year. Croatia is the 10th State to ratify the amendments in 2013, the third Eastern European State to do so, and will be the 13th State Party to the crime of aggression amendments. The Kampala amendments for the crime of aggression will, once activated, allow the International Criminal Court to prosecute individuals for the most severe form of the illegal use of force. They are complementary to the prohibition on the use of force enshrined in the UN Charter.

Photo © Mission of Croatia to the UN /Zoran Joković

Belgium ratifies crime of aggression amendments: On 26 November 2013, Belgium deposited its instrument of ratification of the Kampala amendments with the Office of Legal Affairs of the United Nations. Belgium will become the 12th State Party to the crime of aggression amendments. Belgium took a leading role in the Kampala Review conference, as the main sponsor of the amendments to article 8 of the Rome Statute, which area also known as the Belgian amendments. These further align provisions relating to weapons, the use of which constitute war crimes, between non-international and international armed conflict. Like 11 other States Parties before it, Belgium chose to ratify both sets of amendments at the same time. Upon activation of the aggression amendments in 2017, the ICC will be the first international court since the International Military Tribunals in Nuremberg and Tokyo to hold individuals responsible for the crime of aggression.

Support for crime of aggression at Assembly of ICC States Parties: At the annual meeting of the Assembly of States Parties to the Rome Statute of the International Court, many States Parties took the floor during the General Debate to speak about the Kampala Amendments. 12 States Parties made a positive mention of the crime of aggression amendments. Many, including Botswana and Germany, called for others to ratify, so as to ensure that the amendments could be activated in 2017. Others updated on their domestic ratification procedures. Croatia and Belgium announced that both Kampala amendments had received parliamentary approval, and that they hoped to deposit their instruments of ratification before the end of the year. Delegates will have a chance to benefit from the experience of the early ratifiers of the Kampala Amendments at a side event organised by the Global Institute for the Prevention of Aggression and Liechtenstein.

Photo © CICC/ Katharina Tjart

UN Secretary-General calls on States to ratify Kampala Amendments: In his message to a side-event organized by the Global Campaign on 27 September, UN Secretary-General Ban-Ki Moon called on States to follow the lead of those that had already ratified the amendments. He stated that “Kampala completed the work of Rome. Just as important, it also completed the work of San Francisco more than 65 years ago.” The message was delivered by the UN Legal Counsel, Mr. Miguel de Serpa Soares. On the podium, the Foreign Ministers of Botswana, Estonia and Liechtenstein, as well as the Vice Foreign Minister of Argentina echoed that message. 19 States took the floor in the ensuing debate to update on the status of ratification in their own country, to underscore the importance of the amendments, and to call upon others to ratify. For more information, please see the past events section on our website.

Uruguay ratifies crime of aggression amendments: On 26 September, Luis Almagro, Minister of Foreign Affairs of Uruguay deposited his country’s instrument of ratification of the Kampala amendments with the Office of Legal Affairs of the United Nations. Uruguay thus becomes the first Latin American State Party to ratify the amendment and the 11th overall to do so. Further ratifications from the region are expected in the coming months. In total, four States made use of the opportunity afforded by the UN Treaty Event to deposit their instruments of ratification at the ministerial level.

Photo © United Nations / Win Khine

Andorra ratified crime of aggression amendments: On 26 September, Antoni Martí Petit, Head of Government of Andorra deposited his country’s instrument of ratification of the Kampala amendments at the United Nations treaty event. Andorra is the 10th State Party to ratify the amendments. Upon activation of the amendments in 2017, the ICC will be the first international court since the International Military Tribunals in Nuremberg and Tokyo to hold individuals responsible for the crime of aggression.

Photo © United Nations / Win Khine

Slovenia ratifies crime of aggression amendments: On 25 September, Karl Erjavec, Minister of Foreign Affairs of Slovenia deposited his country’s instrument of ratification of the Kampala amendments with the Office of Legal Affairs of the United Nations. Slovenia has been a key partner of the global campaign for ratification of the amendments and is the 9th State Party to ratify the amendments. Upon activation of the amendments in 2017, the ICC will be the first international court since the International Military Tribunals in Nuremberg and Tokyo to hold individuals responsible for the crime of aggression.

Photo © United Nations / Win Khine

Cyprus ratifies crime of aggression amendments: Ioannis Kasoulides, foreign minister of Cyprus, deposited his country’s instrument of ratification of the Kampala amendments with the Office of Legal Affairs of the United Nations today. Cyprus is the 8th State Party to ratify the amendments. It is the 2nd State from Asia and the 4th Member of the European Union that has completed the process. Upon activation of the amendments in 2017, the ICC will be the first international court since the International Military Tribunals in Nuremberg and Tokyo to hold individuals responsible for the crime of aggression.

Photo © United Nations / Win Khine

Slovenian National Assembly ratifies Kampala Amendments: All 83 deputies present voted in favour of ratification. Once the remaining formalities – including the gazetting of the Amendments and their signature by the President – are complete and the amendments are deposited with the Office of Legal Affairs of the United Nations, Slovenia will become the second Eastern European State Party to the amendments.

Photo © mapsofworld.com

Swiss Government launches consultation procedure on ratification of Kampala Amendments: The Swiss Government today launched a public consultation procedure, which is a necessary prerequisite for ratification of the Kampala Amendments. Switzerland took a key role in negotiations before and during the Review Conference in Kampala, including by submitting an important compromise proposal in Kampala, together with Argentina and Brazil (the famous “ABS proposal”). If approved, the ratification could take place in early 2015.

See also the official press release as well as the explanatory report. The report is available in German, French and Italian and could be a useful tool for other States working on ratification.

Government of Slovenia recommends ratification to Parliament: The Slovenian Government approved the Kampala amendments and sent the draft ratification bill to Parliament, which is expected to give its final approval in July (see the official press release in Slovenian). Already last year, Slovenia had incorporated the Kampala definition of the crime of aggression into its domestic criminal code.

Photo © mapsofworld.com

Uruguay to become first Latin American State to ratify: Today the Senate of Uruguay approved the Kampala Amendments. The instrument of ratification is expected to be deposited at the UN by mid-July. The Chamber of Deputies had already unanimously approved the ratification bill in April. Uruguay would thus be the first Latin American State to ratify the Kampala Amendments on the Crime of Aggression.

Dip. Felipe Michelini (Frente Amplio), Convenor of the Parliamentarians for Global Action’s International Law and Human Rights Programme stated in this context:
“The Kampala Amendments operationalise the aspirations to end aggression as provided by the Rome Statute. Sixty years after having ratified the London Agreements that provided the legal basis to the Nuremberg Tribunals, Uruguay continues its work in defense of human dignity through law, as law is what defines civilization and denies barbarie.”

Photo © Parliamentarians for Global Action

Botswana – first African State to ratify Kampala amendments: After the President of Botswana, Ian Khama, signed his country’s instrument of ratification at the opening of the workshop on the Kampala amendments for all African States Parties in April, the instrument has now been deposited by Ambassador Charles T. Ntwaagae with the Office of Legal Affairs of the United Nations. Botswana is the first African State Party and the seventh overall to ratify the amendments. Botswana’s Foreign Minister, P.T.C. Skelemani, has previously reminded African States that “the people of Africa aspire to live in a region free of the fear of aggression.” Botswana also promotes ratification in its region, which forms the largest constituency of the ICC. Ambassador Christian Wenaweser welcomes the continued leadership of Botswana on ICC issues and looks forward to continuing the close cooperation in the ratification campaign. After the ratification by Botswana, another 23 ratifications are needed to allow for the activation of the ICC’s jurisdiction over the crime of aggression in 2017.


Photo © United Nations / Win Khine

Germany ratifies crime of aggression amendments: On 3 June 2013, Guido Westerwelle, Minister of Foreign Affairs of Germany deposited his country’s instrument of ratification of the Kampala amendments with the Office of Legal Affairs of the United Nations. Germany, which had been instrumental for the inclusion of the Crime of Aggression in the Rome Statute, is the sixth State Party to ratify the amendments. Upon activation of the amendments in 2017, the ICC will be the first international court since the International Military Tribunals in Nuremberg and Tokyo to hold individuals responsible for the crime of aggression. It is by far the largest State to do so yet.

Photo © United Nations / Win Khine

Forum of Small States Briefed about Aggression Amendments: In their presentation to the 110-member strong Forum of Small States (FOSS), Christian Wenaweser and Donald M. Ferencz underscored the special relevance of the Kampala Amendments on the Crime of Aggression for small States, which are more likely to be the victims of acts of aggression. All 5 States that have ratified the Kampala amendments on the Crime of Aggression to date are members of FOSS, a fact that does not surprise Ambassador Wenaweser, who recalled that it was small States who led the charge for ratifications of the Rome Statute.

 

Crime of Aggression amendments enter into force: On 8 May 2013, the Kampala Amendments on the Crime of Aggression entered into force for the first State, Liechtenstein.

As they were adopted under article 121(5) of the Statute, the Crime of Aggression amendments enter into force for each ratifying State one year after the deposit of the instrument of ratification with the Secretary-General of the United Nations. Liechtenstein deposited its instrument of ratification on 8 May 2012, the 67th anniversary of the end of World War II in Europe.

Those interested in the legal fine print should make sure to distinguish entry into force and activation: The amendments have now entered into force for the first State Party. Next, the amendments need to be activated through the procedure contained in the amendments (which require 30 ratifications and a one-time activation decision by States Parties no earlier than 1 January 2017). It is thus not correct to state that the amendments will only enter into force in 2017! They have just entered into force, as can be seen on the SG’s depositary notification. But the Court can only exercise its jurisdiction over the crime of aggression once this jurisdiction is activated as described above.

For more details, have a look at our Handbook.

Photo: Liechtenstein’s Ambassador Christian Wenaweser presents a copy of the Travaux Preparatoires of the Kampala Amendments on the Crime of Aggression to Patricia O’Brien, Legal Counsel of the United Nations. © United Nations / Win Khine

UN Secretary-General promotes ratification of Kampala Amendments: United Nations Secretary-General Ban Ki-moon sent a strong message of support to the Gaborone workshop on ratification and implementation of the Kampala Amendments to the Rome Statute of the ICC: “The achievement of Kampala has set the stage for a paradigm shift in international law and international relations”. He hoped that more States parties would  ratify the amendment to facilitate their timely activation. He traced the history of the amendments through General Assembly Resolution 3314 to article 2(4) of the Charter, which prohibits the threat or use of force in international relations.

According to the Secretary-General, the United Nations supports efforts to promote ratification of the Kampala Amendments as well as their implementation, which would institutionalize the achievements of the Nuremberg and Tokyo Tribunals.

Here is the full text of the message, which was delivered by Zachary Muburi-Muita, Head of the UN Office to the African Union.

 Photo: Secretary-General Ban Ki-moon briefs press while participating in the Kampala Review Conference of the International Criminal Court in 2010. © UN Photo/Evan Schneider

Botswana set to become 6th State Party to Aggression amendments: At the opening of a workshop on the Crime of Aggression in Gaborone, Ian Khama, President of the Republic of Botswana, signed the instrument of ratification for the Kampala Amendments. President Khama said “this is a symbol of our commitment to the implementation of the Rome Statute, and I hope that it will encourage other countries to do the same.” It is expected that it will be deposited with the Secretary-General United Nations in New York next week, making Botswana the 6th State Party to the amendments on the Crime of Aggression.

Workshop for African States Parties in Botswana – 15 & 16 April 2013

On the invitation of Botswana, Liechtenstein and the Global Institute for the Prevention of Aggression, Representatives from 26 African States Parties met in Gaborone, Botswana to discuss the ratification and implementation of the Kampala Amendments. The results of the workshop have been captured in a joint communiqué.

More details are available in the summary report of the workshop, available in English and French.

Statements were made by several high-level attendees including

  • Ian Khama, President of Botswana
  • Ban Ki-moon, Secretary General of the United Nations, message delivered by Zachary Muburi-Muita, head of the UN Office to the African Union
  • Aurelia Frick, Minister of Foreign Affairs of Liechtenstein
  • Dikgakgamatso Ndelu Seretse, Minister of Defence, Justice and Security of Botswana
  • Andries Nel, Deputy Minister of Justice and Constitutional Development of South Africa
  • Christian Wenaweser, Permanent Representative of Liechtenstein to the UN

Denkschrift

zum Gesetz zu den Änderungen vom 10. und 11. Juni 2010 des Römischen

Statuts des Internationalen Strafgerichtshofs vom 17. Juli 1998

Explanatory Memorandum

to the Act regarding the Amendments of 10 and 11 June 2010

to the Rome Statute of the International Criminal Court of 17 July 1998

[...]

Prince Zeid and Donald Ferencz speak on Aggression at Brandeis University: On 30 January 2013, Prince Zeid Ra’ad Zeid al Hussein, Permanent Representative of Jordan to the United Nations, and Donald M. Ferencz, Convenor of the Global Institute on the Prevention of Aggression, spoke at Brandeis University on the Crime of Aggression. The video of their talk has been posted on Youtube and is available below:

More information is available on the website of the International Center for Ethics, Justice and Public Life at Brandeis University.

Estonia ratifies crime of aggression amendments: On 27 March 2013, Estonia deposited its instrument of ratification of the Kampala amendments with the Office of Legal Affairs of the United Nations. It becomes the fifth State Party to the Rome Statute, and the first Eastern European State, to do so. 25 additional ratifications are required for activation of the Court’s jurisdiction over the crime of aggression.

A press release is available on the website of the Estonian Foreign Ministry.

Photo: © Win Khine/United Nations

 

INFORME JURIDICO
“APROBACIÓN DE LAS ENMIENDAS AL ESTATUTO DE ROMA
DE LA CORTE PENAL INTERNACIONAL RELATIVAS
AL CRIMEN DE AGRESIÓN Y AL ARTÍCULO 8”

EXPEDIENTE Nº 18.514

I.- RESUMEN DEL PROYECTO

El proyecto de ley propone la “Aprobación de las Enmiendas al Estatuto de Roma de la Corte Penal Internacional relativas al Crimen de Agresión y al Artículo 8”.

Estas enmiendas son producto de la primera Conferencia de Revisión del Estatuto de Roma, la cual se llevó a cabo en Kampala, Uganda, del 31 de mayo al 11 de junio de 2010. Las mismas se adoptaron por consenso y versan sobre el Artículo 8 “Crímenes de Guerra”, incorporan la definición del “Crimen de Agresión” y las condiciones conforme a las cuales la Corte ejercerá competencia sobre este último.

Tal y como lo señala la Exposición de Motivos, las enmiendas perfeccionan y completan el Estatuto de Roma, de manera que la Corte Penal Internacional podrá enjuiciar a los autores del delito de agresión en función de una sólida base jurídica creada por la voluntad común de los estados.

Finalmente, el Poder Ejecutivo expresa que las presentes enmiendas son conformes con nuestra política exterior en materia de protección de Derechos Humanos y respeto al Estado de Derecho, ejes básicos por los que Costa Rica es reconocida a nivel internacional, así como con nuestro ya tradicional liderazgo en temas que buscan el fortalecimiento de la Corte Penal Internacional.

[...]

PROYECTO DE LEY

“APROBACIÓN DE LAS ENMIENDAS AL ESTATUTO DE ROMA
DE LA CORTE PENAL INTERNACIONAL RELATIVAS AL
CRIMEN DE AGRESIÓN Y AL ARTÍCULO 8”

Expediente N.º 18.514

ASAMBLEA LEGISLATIVA:

El Estatuto de Roma fue adoptado el 17 de julio de 1998, por la Conferencia de Plenipotenciarios que al efecto convocó la Organización de las Naciones Unidas (ONU).

Costa Rica realizó el correspondiente depósito del instrumento de ratificación ante el Secretario General de las Naciones Unidas el 7 de junio del 2001.

Dicho Estatuto estableció la Corte Penal Internacional, órgano jurisdiccional penal autónomo permanente y de carácter internacional, destinado a hacer efectivas las responsabilidades penales individuales de los autores de determinados y graves delitos internacionales, impidiendo la impunidad cuando los Estados no hayan cumplido con su deber de perseguir y castigar a los autores de dichos crímenes. La Corte también constituye un instrumento importante para la atención de las víctimas de estos delitos.

[...]

Workshop on the Ratification and Implementation of the Rome Statute Amendments on the Crime of Aggression

Monday, 25 June 2012

Programme

(Lester Pollack Colloquium at New York University, 245 Sullivan Street, Manhattan, NY 10012)

[...]

The Sierra Leone Institute of International Law with support from Commonwealth Secretariat at the conclusion of its three day workshop on the topic: Promoting the implementation of the 1998 Rome Statute of the International Criminal court and the Kampala Amendments on the Crime of Aggression, held at 57 John Street, Freetown from the 12 to July 2012 with stake holders made teh following recommendations for the consideration and action of Government, Civil Society, Media and the Sierra Leone Bar Association:

[...]

Excellencies, distinguished delegates, Ladies and Gentlemen,

I am proud to open this panel today, which is dedicated to “Preventing the illegal use of force through judicial accountability – the role of the ICC and States Parties after the adoption of the Kampala amendments on the crime of aggression”. For Liechtenstein, this brings together two of the top priorities in our multilateral work: First, the United Nations, the very purpose of which is to promote international peace and security. Its Charter contains the most important rule of international law: the prohibition of the illegal use of force. Second, the rule of law, the theme of the high-level meeting today, and in particular the role of the International Criminal Court in this respect. While aggression is prohibited under the UN Charter and thus has been illegal under international law for decades, we have so far not been able to use individual criminal justice to enforce the prohibition of the illegal use of force. In Nuremberg, some 65 years ago, twelve leading Nazi officers were convicted of “crimes against peace”. Since then, no other international criminal tribunal has had the competence to hold individuals accountable for the crime of aggression. We did not even have an internationally accepted definition of the crime of aggression. Instead, we had more wars, more aggression, and impunity.

[...]

Today at the UN Headquarters in New York, the Deputy Prime Minister and Minister of Foreign Affairs of Luxembourg, H.E. Mr Jean Asselborn deposited the instruments of ratification of the amendments to the Statute of the International Criminal Court adopted by the Kampala Review Conference on 10 and 11 June 2010 with the Legal Counsel of the United Nations and Under-Secretary-General for Legal Affairs, Ms Patricia O’Brien.

[...]

I. Introduction

1. The Special Working Group on the Crime of Aggression of the Assembly of States Parties to the Rome Statute of the International Criminal Court held six meetings on 9, 10, 11 and 13 February 2009. Ambassador Christian Wenaweser (Liechtenstein) served as Chair of the Special Working Group.

2. The Secretariat of the Assembly of States Parties provided the substantive servicing for the Group.

3. The discussions in the Group were held on the basis of three papers submitted by the Chairman: a revised discussion paper (“2009 Chairman’s paper”); 1 a “Non-paper on other substantive issues regarding aggression to be addressed by the Review Conference”; 2 and an informal note on the work programme.3 At the first meeting of the Group, the Chairman introduced all three documents. He recalled that the Group was open to participation by all States on an equal footing, and encouraged delegations to comment in particular on issues that had not been thoroughly discussed in recent sessions. The Chairman further recalled that, in accordance with resolution ICC-ASP/7/Res.3, this was the final session of the Group, but not the final opportunity to discuss the crime of aggression. After the conclusion of the work of the Special Working Group, discussions would continue in the framework of the preparations of the Review Conference and possibly at the Review Conference itself.

[...]

I. Introduction

1. The Special Working Group on the Crime of Aggression of the Assembly of States Parties to the Rome Statute of the International Criminal Court held five meetings on 17, 18, 19 and 20 November 2008. Ambassador Christian Wenaweser (Liechtenstein) served as Chair of the Special Working Group (hereinafter “the Group”).

2. The Secretariat of the Assembly of States Parties provided the substantive servicing for the Group.

3. The discussions in the Group were continued on the basis of the revised discussion paper proposed by the Chairman (2008 Chairman’s paper).1 Furthermore, the Chairman submitted an informal note on the work programme, outlining a suggested structure as well as questions for discussions.

4. At the first meeting of the Group, the Chairman introduced the informal note on the work programme. He recalled that the Group was open to participation by all States on an equal footing, and encouraged delegations to comment in particular on issues that have not been thoroughly discussed in recent sessions, as outlined in the note on the work programme.

[...]

I. Introduction

1. The Special Working Group on the Crime of Aggression of the Assembly of States Parties to the Rome Statute of the International Criminal Court held seven meetings on 2, 3, 4 and 6 June 2008. Ambassador Christian Wenaweser (Liechtenstein) served as Chair of the Special Working Group.

2. The Secretariat of the Assembly of States Parties provided the substantive servicing for the Group.

3. The discussions in the Special Working Group were held on the basis of the revised discussion paper proposed by the Chairman (“2008 Chairman’s paper”).1 The revised discussion paper was submitted following the discussions held by the Special Working Group during the sixth session of the Assembly of States Parties (30 November to 14 December 2007). It is based on the previous discussion paper (“2007 Chairman’s paper”)2 and reflects the progress made since.

4. At the first meeting of the Special Working Group, the Chairman introduced the 2008 Chairman’s paper. He recalled that the Group was open to participation by all States on an equal footing, and encouraged an interactive discussion. Delegations were especially encouraged to comment on issues that had not been thoroughly discussed in recent sessions. These included the procedure for entry into force of amendments on aggression; the suggested deletion of article 5, paragraph 2, of the Statute; the application of article 28 of the Statute to the crime of aggression; the suggested inclusion of the text of United Nations General Assembly resolution 3314 (XXIX) as an annex to the Rome Statute; and the Elements of Crimes. While the Chairman drew particular attention to these issues, delegations were invited to comment on all the substantive issues addressed in the 2008 Chairman’s paper.

5. Delegations welcomed the progress made by the Group since the sixth session of the Assembly of States Parties in 2007. The 2008 Chairman’s paper was considered a sound basis for further discussion.

[...]

I. Introduction

1. The Special Working Group on the Crime of Aggression of the Assembly of States Parties to the Rome Statute of the International Criminal Court held six meetings on 29, 30, 31 January and 1 February 2007. Ambassador Christian Wenaweser (Liechtenstein) served as Chair of the Special Working Group.

2. The Secretariat of the Assembly of States Parties provided the substantive servicing for the Group.

3. The Special Working Group had before it a revised discussion paper1 prepared by the Chairman (hereinafter “Chairman’s paper”) as a reflection of the discussions held over the past years, including at the informal inter-sessional meetings of the Group held at the Liechtenstein Institute on Self-Determination at Princeton University.

4. At the first meeting of the Group, the Chairman introduced the revised discussion paper, replacing the 2002 Coordinator’s paper. He noted that the paper had been prepared in light of the progress made at Princeton, without excluding options reflecting views that may not necessarily have broad support. The Chairman also recalled that the Special Working Group had decided to conclude its work 12 months prior to the Review Conference. He indicated that the Group was entering a new phase in its work and that further discussions should be aimed at narrowing existing differences of opinion. Delegations were invited to present their views on the substantive parts of the revised discussion paper while leaving aside issues related to the elements of crime which were included for reference purposes only.

[...]

I. Introduction

1. The Special Working Group on the Crime of Aggression of the Assembly of States Parties to the Rome Statute of the International Criminal Court held three meetings on 30 November and 1 December 2005. Ambassador Christian Wenaweser served as Chairperson of the Special Working Group.

2. The Secretariat of the Assembly of States Parties provided the substantive servicing for the Group.

3. The Special Working Group had before it the outcome of an informal intersessional meeting held in Princeton, New Jersey, United States, from 13 to 15 June 2005 contained indocument ICC-ASP/4/SWGCA/INF.1. At the first meeting of the Group, the Chairperson presented an overview of the report of the intersessional meeting. In doing so, he expressed his regret that the delegation of Cuba had again, despite representations both by himself and by the President of the Assembly, been denied a travel permit by the host State and had therefore been unable to attend the informal intersessional meeting in Princeton. The Chairperson pointed out that the intersessional had again been held in English only, as had the intersessional meetings held in Syracuse, Sicily, in preparation for the Rome Conference. He expressed his willingness to arrange for translation services, if delegations had a very strong preference in this respect, but also made it clear that such arrangements would lead to a huge increase in the total costs of the meetings and that it would be difficult to secure the relevant funding. He requested the Special Working Group to adopt the report and use it as the basis for future discussions on the crime of aggression. In view of the limited time allocated to the question of the crime of aggression during the fourth session of the Assembly of States Parties, he emphasized the need for further intersessional meetings in the future, complemented by a significant increase in meeting time in the framework of the Assembly of States Parties. The Chairperson expressed his understanding of the fact that the agenda of the Assembly was overloaded yet again. However, he also mentioned that the decision taken by the Assembly at its third session on meeting time allocated to the Special Working Group had not been implemented. The Chairperson also expressed the view that the Special Working Group on the Crime of Aggression needed to establish a “road map” clearly outlining the process that could enable the Special Working Group on the Crime of Aggression to conclude its work successfully at least 12 months before the convening of the Review Conference. It was essential to make a reliable decision on meeting time allocated to the Special Working Group on the Crime of Aggression between 2006 and 2008.

[...]

I. Introduction

1. Pursuant to a recommendation by the Assembly of States Parties and at the invitation of the Government of Liechtenstein, an informal inter-sessional meeting on the Crime of Aggression was hosted by the Liechtenstein Institute on Self-Determination, Woodrow Wilson School, on the premises of the Princeton Club, New York, United States of America, from 8 to 10 June 2009. Invitations to participate in the meeting had been sent to all States, as well as to representatives of civil society. H.R.H. Prince Zeid Ra’ad Zeid Al-Hussein (Jordan) chaired the meeting.

2. The participants in the informal inter-sessional meeting expressed their appreciation to the Governments of Denmark, Finland, Germany, Liechtenstein, Mexico, the Netherlands, Sweden and Switzerland for the financial support they had provided for the meeting and to the Liechtenstein Institute on Self-Determination at Princeton University for hosting the event and the financial support.

3. The participants noted with appreciation that the meeting was held on the premises of the Princeton Club in New York, thereby enabling the presence of delegations that had in the past been denied permission to travel to Princeton to attend previous inter-sessional meetings of the Special Working Group on the Crime of Aggression (hereinafter “the Group”).

4. The present document does not necessarily represent the views of the governments that the participants represent. It seeks to reflect the opinions expressed on various issues pertaining to the crime of aggression on the basis of the proposals for a provision on aggression elaborated by the Group and adopted on 13 February 2009.1 It is hoped that the material in the present report will facilitate the future work of the Assembly of States Parties on the crime of aggression, in particular during the upcoming eighth session, to be held in The Hague from 18 to 26 November 2009.

5. The discussions were held on the basis of two papers submitted by the Chairman: a non-paper on the Elements of Crimes2, as well as a non-paper on the conditions for the exercise of jurisdiction.3 The Chairman introduced both non-papers and recalled the significant progress that had been made by the Group, culminating in the adoption of the Group’s final report in February 2009. He underlined that the future work on aggression should focus on the outstanding issues left over from the Group, as well as the Elements of Crimes. The Chairman furthermore noted that the participation of both States Parties and non-States Parties was essential, despite the fact that the Group no longer existed as such. The future format of the work on aggression would have to be decided by the Assembly of States Parties at its next session.

[...]

I. Introduction

1. Pursuant to a recommendation by the Assembly of States Parties and at the invitation of the Government of Liechtenstein, an informal inter-sessional meeting of the Special Working Group on the Crime of Aggression was held at the Liechtenstein Institute on Self- Determination, Woodrow Wilson School, Princeton University, New Jersey, United States of America, from 11 to 14 June 2007. Invitations to participate in the meeting had been sent to all States, as well as to representatives of civil society. Ambassador Christian Wenaweser (Liechtenstein) chaired the meeting.

2. The participants in the informal inter-sessional meeting expressed their appreciation to the Governments of Finland, Germany, Liechtenstein, Mexico, the Netherlands, Norway, Sweden and Switzerland for the financial support they had provided for the meeting and to the Liechtenstein Institute on Self-Determination at Princeton University for hosting and giving financial support for the event.

3. The meeting noted with regret that the delegations of Cuba and the Islamic Republic of Iran had been denied permission to travel to Princeton to attend the meeting, in spite of efforts by the President of the Assembly and the Chair of the Special Working Group.

4. The present document does not necessarily represent the views of the governments that the participants represent. It seeks to reflect the opinions expressed on various issues pertaining to the crime of aggression and to set out the conclusions reached. It is understood that these issues will have to be reassessed in light of further work on the crime of aggression. It is hoped that the material in the present report will facilitate the work of the Special Working Group on the Crime of Aggression.

[...]

General policy statement

The purpose of this Bill is to implement the Amendment to the Statute of Rome 1998, pertaining to the crime of aggression, as adopted in Resolution 6 of the ReviewConference of the States Parties in Kampala, 11 June 2010.

Implementation by New Zealand is to be achieved through this Bill in the following ways:

1 to ensure that the use of armed force by New Zealand is always in conformity with international law and in particular the UN Charter; and to protect New Zealand leaders from external pressure to commit the New Zealand Defence Force to any illegal action overseas:

2 to ensure that no leader of another State uses armed force against New Zealand with impunity.

To that end, this Bill—

(a) requires that New Zealand observe its binding obligation under the UN Charter not to commit an act of aggression:

(b) makes it a criminal offence in New Zealand law for any New Zealand leader to commit an act of aggression:

(c) requires a New Zealand leader to obtain the written advice of the Attorney-General before deciding to engage the armed forces of New Zealand in action involving the use of force:

(d) makes it a criminal offence in New Zealand law for any leader of any other State to commit aggression against New Zealand:

(e) recognises that NewZealand or any other State may engage in the use of armed force, under the UN Charter, in exercise of the inherent right of individual or collective self-defence or in any other manner properly authorised by the Security Council of the United Nations.

[...]

I. Introduction

1. Pursuant to a recommendation by the Assembly of States Parties and at the invitation of the Government of Liechtenstein, an informal inter-sessional meeting of the Special Working Group on the Crime of Aggression was held at the Liechtenstein Institute on Self- Determination, Woodrow Wilson School, Princeton University, New Jersey, United States of America, from 8 to 11 June 2006. Invitations to participate in the meeting had been sent to all States, as well as to representatives of civil society. Ambassador Christian Wenaweser (Liechtenstein) chaired the meeting. The annotated agenda of the meeting is contained in annex III.

2. The participants in the informal inter-sessional meeting expressed their appreciation to the Governments of Canada, Finland, Liechtenstein, the Netherlands, Sweden and Switzerland for the financial support they had provided for the meeting and to the Liechtenstein Institute on Self-Determination at Princeton University for hosting and giving financial support for the event.

3. The participants observed a minute of silence in memory of Dr. Medard Rwelamira, the late Secretary of the Assembly of States Parties, who passed away on 3 April 2006. The Chairman paid tribute to the outstanding assistance provided to the Special Working Group by Dr. Rwelamira, who had been a dear colleague and close friend of many delegates.

4. The meeting noted with regret that the delegation of Cuba had, once more, been denied permission to travel to Princeton to attend the meeting, in spite of efforts by the President of the Assembly and the Chair of the Special Working Group.

5. The present document does not necessarily represent the views of the governments that the participants represent. It seeks to reflect the opinions expressed on various issues pertaining to the crime of aggression and to set out the conclusions reached. It is understood that these issues will have to be reassessed in light of further work on the crime of aggression. It is hoped that the material in the present document will facilitate the work of the Special Working Group on the Crime of Aggression.

[...]

I. Introduction

1. At the invitation of the Government of Liechtenstein and pursuant to a recommendation by the Assembly of States Parties, an informal inter-sessional meeting of the Special Working Group on the Crime of Aggression was held at the Liechtenstein Institute on Self-Determination, Woodrow Wilson School, Princeton University, New Jersey, United States, from 13 to 15 June 2005. Invitations to participate in the meeting had been sent to all States as well as to representatives of civil society. Ambassador Christian Wenaweser (Liechtenstein) chaired the meeting. The agenda of the meeting is contained in annex II.

2. The participants in the informal inter-sessional meeting expressed their appreciation to the Governments of Germany, Finland, Liechtenstein, the Netherlands and Switzerland for the financial support they had provided for the meeting and to the Liechtenstein Institute on Self-Determination at Princeton University for hosting the event.

3. The present document does not necessarily represent the views of the Governments that the participants represent. It seeks to reflect conclusions and opinions regarding different issues pertaining to the crime of aggression; and it is understood that these issues will have to be reassessed in light of further work on the crime of aggression. It is hoped that the material in the present document will facilitate the work of the Special Working Group on the Crime of Aggression.

[...]

1. At the invitation of the Government of Liechtenstein, and after consultation within the framework of the Assembly of States Parties, an inter-sessional meeting of the Special Working Group on the Crime of Aggression was held at the Liechtenstein Institute on Self-Determination, Woodrow Wilson School, at Princeton University, New Jersey, United States, from 21 to 23 June 2004. Invitations to participate in the meeting had been sent to all States who have signed the Final Act of the Rome Conference as well as to some representatives of civil society. Ambassador Christian Wenaweser (Liechtenstein) chaired the meeting. A list of participants is included as annex II.

2. The agenda for the meeting was based on the preliminary list of possible issues relating to the crime of aggression contained in document PCNICC/2001/L.1/Rev.1. As a result of the discussions, this list was revised in order to reflect progress made since the preliminary list of issues had been drafted. The revised list of issues is included as annex I of the report.

3. The participants in the inter-sessional meeting expressed their appreciation to the Governments of Liechtenstein, the Netherlands and Switzerland, which had provided financial support for the meeting, as well as to the Liechtenstein Institute on Self-Determination at Princeton University for providing an opportunity for an informal exchange of views and dialogue among the participants and for its generous hospitality. The group expressed its hope that the Assembly of States Parties, if possible, may make provision for other such meetings, with the necessary arrangements in order to facilitate the debate in the different working languages of the Assembly.

4. The present document does not necessarily represent the views of the Governments of the participants. It seeks to reflect conclusions and opinions regarding different issues on the crime of aggression; it is understood that these issues would have to be reassessed in light of further work on the crime of aggression. It is hoped that the material in the present document would facilitate the work of the Special Working Group on the Crime of Aggression.

[...]

The Assembly of States Parties,

Recalling paragraph 2 of article 5 of the Rome Statute,

Recalling also paragraph 7 of resolution F, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998,

Desirous of continuing and completing the work on the crime of aggression,

1. Takes note with appreciation of the report of the Preparatory Commission for the International Criminal Court on the crime of aggression;1

2. Decides to establish a special working group on the crime of aggression, open on an equal footing to all States Members of the United Nations or members of specialized agencies or of the International Atomic Energy Agency, for the purpose of elaborating proposals for a provision on aggression in accordance with paragraph 2 of article 5 of the Statute and paragraph 7 of resolution F adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998;

3. Decides also that the special working group shall submit such proposals to the Assembly for its consideration at a Review Conference, with a view to arriving at an acceptable provision on the crime of aggression for inclusion in the Statute in accordance with the relevant provisions of the Statute;

4. Decides further that the special working group shall meet during the regular sessions of the Assembly or at any other time that the Assembly deems appropriate and feasible;

5. Requests the Bureau of the Assembly to prepare a proposal for the meetings of the special working group and to submit the proposal, with its budgetary implications, at the earliest possible session with a view to holding the first meeting of the special working group in 2003.

Text adopted by the International Law Commission at its forty-eighth session, in 1996, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (at para. 50). The report, which also contains commentaries on the draft articles, appears in Yearbook of the International Law Commission, 1996, vol. II (Part Two).

[...]

MARSHAL OF THE COURT: The International Military Tribunal for the Far East is now in session.

THE PRESIDENT: All of the accused are present except HIRANUMA, SHIRATORI and UMEZU. The Sugamo prison surgeon certifies that they are ill and unable to attend the trial today. The certificates will be recorded and filed.

CLERK OF THE COURT: THE UNITED STATES OF AMERICA, THE REPUBLIC OF CHINA, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE UNION OF SOVIET SOCIALIST REPUBLICS, THE COMMONWEALTH OF AUSTRALIA, CANADA, THE REPUBLIC OF FRANCE, THE KINGDOM OF THE NETHERLANDS, NEW ZEALAND, INDIA, AND THE COMMONWEALTH OF THE PHILIPPINES.

AGAINST

ARAKI, Sadao, DOHIHARA, Kenji, HASHIMOTO, Kingoro, HATA, Shunroku, HIMANUMA, Kiichiro, HIROTA, Koki, HOSHINO, Kaoki, ITAGAKI, Seishiro, KAYA, Okinori, KIDO, Koichi, KIKURA, Heitaro, KOISO, Kuniaki, MATSUI, Iwane, MATSUOKA, Yosuke, MINAMI, Jiro, MUTO, Akira, MAGANO, Osami, OKA, Takasumi, OKAWA, Shumei, OSHIMA, Hiroshi, SATO, Kenryo, SHIGEMITSU Mamoru, SHIMADA, Shigetaro, SHIRATORI, Toshio, SUZUKI, Teiichi- TOGO. Shigenori, TOJO, Hideki, OMEZU, Yoshijiro JUDGMENT OF THE INTERNATIONAL MILITARY TRIBUNAL

{48,415}

FOR THE FAR EAST.

THE PRESIDENT: I will now read the Judgment of the International Military Tribunal for the Far East. The title and formal parts will not be read.

[...]

Affirmation of the Principles of International Law recognized by the Charter of the Nürnberg Tribunal

[...]

[...]

Primarily, this report undertakes to describe the creation, organization, and functioning of the Office, Chief of Counsel for War Crimes (OCCWC). The need for such an agency was envisaged by the Theater Judge Advocate (the late Brig. Gen. Edward C. Betts) and the Director of the Legal Division of OMGUS (then Mr. Charles Fahy) in October 1945. The OCCWC was officially established on 24 October 1946, shortly after rendition of the judgment in the first Nuernberg trial before the International Military Tribunal (IMT), and was formally deactivated on 20 June 1949. This report covers the entire period from October 1945to June 1949.

The basic policies which governed the operations of OCCWC were in part prescribed by higher authority-through OMGUS and the Department of the Army-and in part determined by me as Chief of Counsel for War Crimes. The evolution and execution of these policies are sketched herein. Throughout, principal attention has been devoted to the “executive” and “administrative” operations of the OCCWC, including such matters as the preparation of Military Government Ordinance No. 7 (under which the Nuernberg Military Tribunals were constituted), selection of defendants, methods of interrogation of witnesses and suspects, handling of linguistic problems, and cooperation with other governments in the field of war crimes.

These things may seem of minor importance and prove of little interest to those who are chiefly interested in the actual outcome of the trials, the legal reasoning of the judgments, the historical revelations of the documents and testimony, or the immediate and long-term significance of the trials in world affairs. I have touched on some of the legal and historical features of the trials toward the end of the report, and have dealt with them more fully in the April 1949 issue of International Conciliation (attached hereto as Appendix B). In any event, on such subjects there will be no lack of books and articles in the years to come; indeed the Nuernberg bibliography is already sufficiently impressive. Glamorless as this description of the Nuernberg “machinery” may be, it wants writing. There is more to a judicial process than the records and judgments in the decided cases. The Nuernberg trials were carried out under quadripartite authority, but in pursuit of objectives thought to be of benefit to all mankind. It is important, therefore, not only that the documents, testimony, and judgments be widely published, but also that a record be left telling how the individual defend- ants were selected, who prosecuted and who defended them, and how the charges were drawn, and describing the administrative paraphernalia of the Nuernberg process. This report is an attempt to supply that record, and no effort has been made to “jazz up” the account for the general reader.

[...]

 ARTICLE 10.

The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.

ARTICLE 11.

Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations. In case any such emergency should arise the Secretary General shall on the request of any Member of the League forthwith summon a meeting of the Council.

It is also declared to be the friendly right of each Member of the League to bring to the attention of the Assembly or of the Council any circumstance whatever affecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends.

[...]

[...]

Aggression

Article 103

(1) An official or other person in a position effectively to exercise control over or to direct the political or military action of the state, who plans, prepares, initiates or executes an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations, shall be sentenced to at least fifteen years in prison.

(2) An act of aggression means the use of armed force against the sovereignty, territorial integrity or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war, shall qualify as an act of aggression:

1) invasion of or an armed attack on the territory, sea, aircrafts, ports or vessels of another state, or any military occupation, temporary or permanent, or any annexation by the use of force of the territory of another state or part thereof;

2) bombardment of or the use of any weapons against the territory of another state;

3) blockade of the ports or coasts of another state;

4) the use of armed forces of one state which are within the territory of another state with the agreement of the receiving state, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;

5) the action of the Republic of Slovenia in allowing its territory, which it has placed at the disposal of another state, to be used by that other state for perpetrating an act of aggression against a third state;

6) the sending of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force of such gravity as to amount to the acts listed above.

[...]

[...]

Art. 136quinquies. (L. 27 février 2012) (1) Est qualifié de crime d’agression la planification, la préparation, le lancement ou l’exécution par une personne effectivement en mesure de contrôler ou de diriger l’action politique ou militaire d’un Etat, d’un acte d’agression qui, par sa nature, sa gravité et son ampleur, constitue une violation manifeste de la Charte des Nations Unies.

Aux fins de l’alinéa 1er, on entend par «acte d’agression» l’emploi par un Etat de la force armée contre la souveraineté, l’intégrité territoriale ou l’indépendance politique d’un autre Etat, ou de toute autre manière incompatible avec la Charte des Nations Unies.

Il s’agit des actes suivants:

a) l’invasion ou l’attaque par les forces armées d’un Etat du territoire d’un autre Etat ou l’occupation militaire, même temporaire, résultant d’une telle invasion ou d’une telle attaque, ou l’annexion par la force de la totalité ou d’une partie du territoire d’un autre Etat;

b) le bombardement par les forces armées d’un Etat du territoire d’un autre Etat, ou l’utilisation d’une arme quelconque par un Etat contre le territoire d’un autre Etat;

c) le blocus des ports ou des côtes d’un Etat par les forces armées d’un autre Etat;

d) l’attaque par les forces armées d’un Etat des forces terrestres, maritimes ou aériennes, ou des flottes aériennes et maritimes d’un autre Etat;

e) l’emploi des forces armées d’un Etat qui se trouvent dans le territoire d’un autre Etat avec l’agrément de celui-ci en contravention avec les conditions fixées dans l’accord pertinent, ou la prolongation de la présence de ces forces sur ce territoire après l’échéance de l’accord pertinent;

f) le fait pour un Etat de permettre que son territoire, qu’il a mis à la disposition d’un autre Etat, serve à la commission par cet autre Etat d’un acte d’agression contre un Etat tiers;

g) l’envoi par un Etat ou au nom d’un Etat de bandes, groupes, troupes irrégulières ou mercenaires armés qui exécutent contre un autre Etat des actes assimilables à ceux de forces armées d’une gravité égale à celle des actes énumérés ci-dessus, ou qui apportent un concours substantiel à de tels actes.

 

(2) Les infractions énumérées au paragraphe (1) sont punies de la réclusion de dix à quinze ans.

Relevant national provisions in the original language as well as in English translation:

Criminal Code of the Republic of Croatia passed by Croatian Parliament at its session on September 19, 1997, entered into force on January 1, 1998

[...]

 Legislative sample for Members of Parliaments to “domesticate” the crime of aggression (adopted by the Kampala Review Conference of the Rome Statute of the ICC, 11 June 2010) based on the Commonwealth Model Law to Implement the Rome Statute of the ICC (PGA was invited by the CW Secretariat to produce research and input for the revision of the CW Model Law in 2011) and on provisions included in the draft legislation tabled by Dr. Kennedy Graham, MP (Member of PGA), in the New Zealand Parliament entitled the “International Non-Aggression and Lawful Use of Force Bill 2009″.

[...]

The Russian language version of resolution RC/Res.6 on the Crime of Aggression

A chinese version of resolution RC/Res.6 on the Crime fo Aggression.

Arabic version of resolution RC/Res.6 on the Crime of Aggression

La Conferencia de Revisión,

Recordando el párrafo 1 del artículo 12 del Estatuto de Roma,

Recordando el párrafo 2 del artículo 5 del Estatuto de Roma,

Recordando también el párrafo 7 de la resolución F aprobada el 17 de julio de 1998 por la Conferencia Diplomática de Plenipotenciarios de las Naciones Unidas sobre el establecimiento de una Corte Penal Internacional,

Recordando asimismo la resolución ICC-ASP/1/Res.1 sobre la continuación del trabajo relativo al crimen de agresión y expresando su reconocimiento al Grupo de Trabajo Especial sobre el crimen de agresión por haber elaborado propuestas sobre una disposición relativa al crimen de agresión,

Tomando nota de la resolución ICC-ASP/8/Res.6, mediante la cual la Asamblea de los Estados Partes remitió propuestas a la Conferencia de Revisión sobre una disposición relativa al crimen de agresión para su examen,

Resuelta a activar la competencia de la Corte respecto del crimen de agresión a la mayor brevedad posible,

1. Decide aprobar, de conformidad con el párrafo 2 del artículo 5 del Estatuto de Roma de la Corte Penal Internacional (en adelante el “Estatuto”), las enmiendas del Estatuto que figuran en el anexo I de la presente resolución, que estarán sujetas a ratificación o aceptación y entrarán en vigor de conformidad con lo dispuesto en el párrafo 5 del artículo 121 del Estatuto; y señala que cualquier Estado Parte podrá depositar una declaración como establece el artículo 15 bis antes de la ratificación o aceptación;

2. Decide además aprobar las enmiendas a los elementos de los crímenes que figuran en el anexo II de la presente resolución;

3. Decide además aprobar los entendimientos respecto de la interpretación de las enmiendas mencionadas, contenidos en el anexo III de la presente resolución;

4 Decide asimismo revisar las enmiendas relativas al crimen de agresión siete años después del inicio del ejercicio de la competencia de la Corte;

5. Exhorta a todos los Estados Partes a que ratifiquen o acepten las enmiendas contenidas en el anexo I.

[...]

La Conférence de révision,

Rappelant le paragraphe 1 de l’article 12 du Statut de Rome,

Rappelant le paragraphe 2 de l’article 5 du Statut de Rome,

Rappelant également le paragraphe 7 de la résolution F, adoptée le 17 juillet 1998 par la Conférence diplomatique de plénipotentiaires des Nations Unies sur la création d’une Cour criminelle internationale,

Rappelant en outre la résolution ICC-ASP/1/Res.1 relative à la poursuite des travaux concernant le crime d’agression et exprimant ses remerciements au Groupe de travail spécial sur le crime d’agression pour avoir élaboré des propositions concernant une disposition relative au crime d’agression,

Prenant note de la résolution ICC-ASP/8/Res.6, par laquelle l’Assemblée des États Parties a transmis à la Conférence de révision pour examen une disposition relative au crime d’agression,

Résolue à déclencher la compétence de la Cour à l’égard du crime d’agression aussitôt que possible,

1. Décide d’adopter, conformément à l’article 5, paragraphe 2, du Statut de Rome de la Cour pénale internationale (ci-après dénommé le «Statut») les amendements au Statut figurant à l’annexe I de la présente résolution, qui sont sujets à ratification ou à acceptation et entreront en vigueur conformément à l’article 121, paragraphe 5 ; et note que tout État Partie peut déposer une déclaration prévue à l’article 15 bis avant ratification ou acceptation ;

2. Décide également d’adopter les amendements aux Éléments des crimes figurant à l’annexe II à la présente résolution ;

3. Décide également d’adopter les éléments d’interprétation des amendements susmentionnés figurant à l’annexe III de la présente résolution ;

4. Décide en outre de réexaminer les amendements relatifs au crime d’agression sept ans après le commencement par la Cour de l’exercice de sa compétence ;

5. Demande à tous les États Partie de ratifier ou d’accepter les amendements figurant à l’annexe I.

[...]

The Review Conference,

Recalling paragraph 1 of article 12 of the Rome Statute,

Recalling paragraph 2 of article 5 of the Rome Statute,

Recalling also paragraph 7 of resolution F, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998,

Recalling further resolution ICC-ASP/1/Res.1 on the continuity of work in respect of the crime of aggression, and expressing its appreciation to the Special Working Group on the Crime of Aggression for having elaborated proposals on a provision on the crime of aggression,

Taking note of resolution ICC-ASP/8/Res.6, by which the Assembly of States Parties forwarded proposals on a provision on the crime of aggression to the Review Conference for its consideration,

Resolved to activate the Court’s jurisdiction over the crime of aggression as early as possible,

1. Decides to adopt, in accordance with article 5, paragraph 2, of the Rome Statute of the International Criminal Court (hereinafter: “the Statute”) the amendments to the Statute contained in annex I of the present resolution, which are subject to ratification or acceptance and shall enter into force in accordance with article 121, paragraph 5; and notes that any State Party may lodge a declaration referred to in article 15 bis prior to ratification or acceptance;

2. Also decides to adopt the amendments to the Elements of Crimes contained in annex II of the present resolution;

3. Also decides to adopt the understandings regarding the interpretation of the abovementioned amendments contained in annex III of the present resolution;

4. Further decides to review the amendments on the crime of aggression seven years after the beginning of the Court’s exercise of jurisdiction;

5. Calls upon all States Parties to ratify or accept the amendments contained in annex I.

[...]

Zusammenfassung

Das Römer Statut bildet die rechtliche Grundlage für den ständigen Internationalen Strafgerichtshof mit Sitz in den Haag und ist im Juli 2002 in Kraft getreten (LGBl. 2002 Nr. 90). Bislang war der Internationale Strafgerichtshof (IStGH) für die Beurteilung der besonders schweren Verbrechen des Völkermords, des Verbrechens gegen die Menschlichkeit sowie der Kriegsverbrechens zuständig.

 An der ersten Überprüfungskonferenz des Römer Statuts des IStGH, die im Juni 2010 in Kampala (Uganda) unter liechtensteinischem Vorsitz stattfand, wurde beschlossen, den Zuständigkeitsbereich des Gerichtshofs auf das Verbrechen der Aggression auszuweiten. Der Kompromisslösung in Bezug auf das Verbrechen der Aggression, die als historisches Ergebnis der Konferenz zu werten ist, gingen jahrelange Verhandlungen im Rahmen der dafür eingerichteten Arbeitsgruppe zur Definition des Aggressionsverbrechens voraus. Gemäss dieses Kompromisses kann die Führungsriege eines Staates für das Auslösen von bewaffneter Gewalt gegen die Souveränität, territoriale Integrität oder politische Unabhängigkeit eines anderen Staates vor dem IStGH zur Verantwortung gezogen werden, sofern die Gewaltanwendung die Charta der Vereinten Nationen eindeutig verletzt.

Ausserdem wurde an der Überprüfungskonferenz beschlossen, die Verwendung bestimmter Waffengattungen, deren Einsatz in internationalen Konflikten strafbar ist, auch in nicht internationalen Konflikten unter Strafe zu stellen. Für die Vertragsstaaten des IStGH entstand dadurch die Verpflichtung, die Änderungen des Römer Statuts betreffend das Verbrechen der Aggression (Art. 8 bis, Art. 15 bis, Art. 15 ter des Statuts) sowie betreffend die verbotenen Waffengattungen (Art. 8 des Statuts) umzusetzen.

Mit Beschluss vom 18. August 2010 entschied die Regierung, diese Änderungen des Römer Statuts baldmöglichst zu ratifizieren, da eine frühzeitige Ratifikation durch Liechtenstein nicht nur symbolische Bedeutung, sondern auch eine wichtige Signalwirkung für das Verständnis und die Akzeptanz des in Kampala beschlossenen Kompromisses hat.

Gleichzeitig wird die Kompromisslösung mit jeder Ratifikation der Änderungen des Römer Statuts bestätigt und andere Staaten werden zur Ratifikation animiert. Für die Aktivierung der Gerichtsbarkeit des IStGH zum Verbrechen der Aggression sind insgesamt 30 Ratifikationen notwendig. Aufgrund der liechtensteinischen Führungsrolle an der Überprüfungskonferenz sowie während den Verhandlungen zum Verbrechen der Aggression setzt eine rasche Ratifikation der Änderungen des Römer Statuts das liechtensteinische Engagement im Bereich des Völkerrechts und der Förderung der Rechtsstaatlichkeit auf internationaler Ebene fort.

Die innerstaatliche Umsetzung der Änderungen des Römer Statuts bedarf einer gesetzlichen Grundlage, die in einem separaten Bericht und Antrag dem Landtag unterbreitet wird. Dabei handelt es sich einerseits um eine allenfalls notwendige Anpassung des Gesetzes betreffend die Zusammenarbeit mit dem Internationalen Strafgerichtshof und anderen Internationalen Gerichten (ZIGG). Diese Anpassung nach der Ratifikation der Statuts-Änderungen betreffend das Verbrechen der Aggression vorgenommen werden, da die Kooperationspflicht mit dem IStGH zum Verbrechen der Aggression frühestens 2017 aktiviert wird. Andererseits geht es um die Frage der Anpassung des Strafgesetzbuches (StGB) in Bezug auf das Verbrechen der Aggression sowie auf die Ausweitung des Verbots bestimmter Waffengattungen des ICC-Statuts. Diese Fragen werden im Zusammenhang mit der geplanten und bereits in Koordination mit den österreichischen Behörden vorzunehmenden Anpassung des Strafgesetzbuches zu  Kriegsverbrechen, Verbrechen gegen die Menschlichkeit und Folter geklärt.

Es entstehen weder räumliche, organisatorische, personelle noch direkte finanzielle Auswirkungen.

[...]

Gesetzentwurf der Bundesregierung

Entwurf eines Gesetzes zu den Änderungen vom 10. und 11. Juni 2010 des Römischen Statuts des Internationalen Strafgerichtshofs vom 17. Juli 1998

A. Problem und Ziel

Die auf der Überprüfungskonferenz in Kampala von den Vertragsstaaten des Römischen Statuts angenommenen Änderungen des Römischen Statuts des Internationalen Strafgerichtshofs (BGBl. 2000 II S. 1393, 1394) schließen mit der Normierung des Aggressionstat – bestandes eine wesentliche Lücke der völkerrechtlichen Strafbarkeit. Durch die Änderung des Artikels 8 Absatz 2 Buchstabe e des Römischen Statuts in Bezug auf Kriegsverbrechen wird außerdem der Einsatz bestimmter Waffen und Geschosse, der bereits im Fall ihrer Verwendung in internationalen bewaffneten Konflikten ein Kriegsverbrechen darstellt, im Einklang mit dem Völkergewohnheitsrecht und dem deutschen Völkerstrafgesetzbuch auch im nichtinternationalen bewaffneten Konflikt unter Strafe gestellt.

B. Lösung

Durch den vorliegenden Gesetzentwurf sollen die Voraussetzungen nach Artikel 59 Absatz 2 Satz 1 des Grundgesetzes für die Ratifikation der am 10. und 11. Juni 2010 verabschiedeten Änderungen des Römischen Statuts

C. Alternativen

Keine.

[…]

The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:

On 11 June 2010, at the Review Conference of the Rome Statute, held in Kampala, Uganda, from 31 May to 11 June 2010, the Parties adopted, in accordance with article 121, paragraph 3, of the Rome Statute of the International Criminal Court, amendments on the crime of aggression to the Rome Statute by Resolution RC/Res.6.

In accordance with article 123, paragraph 3, of the Rome Statute, the provisions of article 121, paragraphs 3 to 7, apply to the adoption and entry into force of any amendments to the Statute considered at the Review Conference.

Article 121, paragraphs 3, 4, 5, 6 and 7 provide as follows:

“3. The adoption of an amendment at a meeting of the Assembly of States Parties or at a Review Conference on which consensus cannot be reached shall require a two-thirds majority of States Parties.

“4. Except as provided in paragraph 5, an amendment shall enter into force for all States Parties one year after instruments of ratification or acceptance have been deposited with the Secretary-General of the United Nations by seven-eighths of them.

“5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party’s nationals or on its territory.

“6. If an amendment has been accepted by seven-eighths of States Parties in accordance with paragraph 4, any State Party which has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2, by giving notice no later than one year after the entry into force of such amendment.

“7. The Secretary-General of the United Nations shall circulate to all States Parties any amendment adopted at a meeting of the Assembly of States Parties or at a Review Conference.”

In operative paragraph 1 of resolution RC/Res.6, the Review Conference adopted, in accordance with article 5, paragraph 2, of the Rome Statute of the International Criminal Court, the amendments to the Statute contained in annex 1 to the resolution, “which are subject to ratification or acceptance and shall enter into force in accordance with article 121, paragraph 5”.

… A copy of the text of the amendments on the crime of aggression in the Arabic, Chinese, English, French, Russian and Spanish languages is transmitted herewith. 29 November 2010

[…]

PREAMBLE

The States Parties to this Statute,

Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,

Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,

Recognizing that such grave crimes threaten the peace, security and well-being of the world,

Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,

Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,

Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,

Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,

Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State,

Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole,

Emphasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions,

Resolved to guarantee lasting respect for and the enforcement of international justice,

Have agreed as follows:

[...]

95. Under General Assembly resolution 177 (II), paragraph (a), the International Law Commission was directed to ” formulate the principles of international law recognized in the Charter of the Nürnberg Tribunal and in the judgment of the Tribunal “.

96. In pursuance of this resolution of the General Assembly, the Commission undertook a preliminary consideration of the subject at its first session. In the course of this consideration the question arose as to whether or not the Commission should ascertain to what extent the principles contained in the Charter and judgment constituted principles of international law The conclusion was that since the Nürnberg principles had been affirmed by the General Assembly, the task entrusted to the Commission by paragraph (a) of resolution 177 (II) was not to express any appreciation of these principles as principles of international law but merely to formulate them. This conclusion was set forth in paragraph 26 of the report of the Commission on its first session, which report was approved by the General Assembly in 1949. Mr. Jean Spiropoulos was appointed special rapporteur to continue the work of the Commission on the subject and to present a report at its second session.

97. At the session under review, Mr. Spiropoulos presented his report (A/CN.4/22) which the Commission considered at its 44th to 49th and 54th meetings. On the basis of this report, the Commission adopted a formulation of the principles of international law which were recognized in the Charter of the Nürnberg Tribunal and in the judgment of the Tribunal. The formulation by the Commission, together with comments thereon, is set out below.

[...]

THE INTERNATIONAL MILITARY TRIBUNAL IN

SESSOIN AT NUREMBERG, GERMANY

Before:

THE RT. HON. SIR GEOFFREY LAWRENCE (member for the United Kingdom of Great Britain and Northern Ireland) President

THE HON. SIR WILLIAM NORMAN BIRKETT (alternate member for the United Kingdom of Great Britain and Northern Ireland)

MR. FRANCIS BIDDLE (member for the United States of America)

JUDGE JOHN J. PARKER (alternate member for the United States of America)

M. LE PROFESSEUR DONNEDIEU DE VABRES (member for the French Republic)

M. LE CONSEILER FLACO (alternate member for the French Republic)

MAJOR-GENERAL I. T. NIKITCHENKO (member for the Union of Soviet Socialist Republics)

LT.-COLONEL A. F. VOLCHKOV (alternate member for the Union of Soviet Socialist Republics)

{iv}

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE UNION OF SOVIET SOCIALIST REPUBLICS

 

Against:

Hermann Wilhelm Göring, Rudolf Hess, Joachim von Ribbentrop, Robert Ley, Wilhelm Keitel, Ernst Kaltenbrunner, Alfred Rosenberg, Hans Frank, Wilhelm Frick, Julius Streicher, Walter Funk, Hjalmar Schacht, Gustav Krupp von Bohlen und Halbach, Karl Dönitz, Erich Raeder, Baldur von Schirach, Fritz Sauckel, Alfred Jodl, Martin Bormann, Franz von Papen, Artur Seyss-Inquart, Albert Speer, Constantin von Neurath, and Hans Fritzsche, individually and as members of any of the following groups namely: Die Reichsregierung (Reich Cabinet); Das Korps der Politischen Leiter der Nationalsozialistischen Deutschen Arbeiterpartei (Leadership Corps of the Nazi Party); Die Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the “SS”) and including Der Sicherheitsdienst (commonly known as the “SD”); Die Geheime Staatspolizei (Secret State Police, commonly known as the “GESTAPO”); Die Sturmabteilungen der N.S.D.A.P. (commonly known as the “SA”) and the General Staff and High Command of the German Armed Forces.

Robert Ley committed suicide on 25th October, 1945.

Gustav Krupp von Bohlen und Halbach – Trial postponed by order of Tribunal.

[...]

WE THE PEOPLES OF THE UNITED NATIONS DETERMINED

• to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and

• to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and

• to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and

• to promote social progress and better standards of life in larger freedom,

AND FOR THESE ENDS

• to practice tolerance and live together in peace with one another as good neighbours, and

• to unite our strength to maintain international peace and security, and

• to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and

• to employ international machinery for the promotion of the economic and social advancement of all peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS

Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.

[...]

NEW YORK, 24 SEPTEMBER 2012 CHECK AGAINST DELIVERY

OPENING REMARKS BY H.E. MS. AURELIA FRICK, FOREIGN MINISTER OF LIECHTENSTEIN SIDE-EVENT: PREVENTING THE ILLEGAL USE OF FORCE THROUGH JUDICIAL ACCOUNTABILITY THE ROLE OF THE ICC AND STATES PARTIES AFTER THE ADOPTION OF THE KAMPALA AMENDMENTS ON THE CRIME OF AGGRESSION

Excellencies, distinguished delegates, Ladies and Gentlemen,

I am proud to open this panel today, which is dedicated to “Preventing the illegal use of force through judicial accountability – the role of the ICC and States Parties after the adoption of the Kampala amendments on the crime of aggression”. For Liechtenstein, this brings together two of the top priorities in our multilateral work: First, the United Nations, the very purpose of which is to promote international peace and security. Its Charter contains the most important rule of international law: the prohibition of the illegal use of force. Second, the rule of law, the theme of the high-level meeting today, and in particular the role of the International Criminal Court in this respect. While aggression is prohibited under the UN Charter and thus has been illegal under international law for decades, we have so far not been able to use individual criminal justice to enforce the prohibition of the illegal use of force. In Nuremberg, some 65 years ago, twelve leading Nazi officers were convicted of “crimes against peace”. Since then, no other international criminal tribunal has had the competence to hold individuals accountable for the crime of aggression. We did not even have an internationally accepted definition of the crime of aggression. Instead, we had more wars, more aggression, and impunity.

[...]

 On the occasion of the High-level Meeting of the General Assembly on the Rule of Law, the Permanent Mission of Liechtenstein to the United Nations will hold a

Ministerial Panel

“Preventing the illegal use of force through judicial accountability”

The role of the ICC and its States Parties after the adoption of the Kampala Amendments on the Crime of Aggression

Monday, 24 September 2012, 3:00 – 4:00 p.m.

NLB Conference Room 3

Opening remarks:

H.E. Ms. Aurelia Frick, Minister of Foreign Affairs, Principality of Liechtenstein

Keynote address:

Mr. Benjamin Ferencz – Chief Prosecutor at the Nuremberg “Einsatzgruppen” Trial 1947/48

Ministerial Panel:

H.E. Mr. Phandu Skelemani, Minister of Foreign Affairs, Republic of Botswana

H.E. Mr. Winston Dookeran, Minister of Foreign Affairs, Republic of Trinidad and Tobago

H.E. Mr. Armand De Decker, Minister of State, Kingdom of Belgium

[...]

 Ministerial Panel: Preventing the illegal use of force through judicial accountability

The role of the ICC and its States Parties after the adoption of the Kampala Amendments on the Crime of Aggression

United Nations, New York, 24 September 2012

Meeting Summary

The discussions at the side-event to the General Assembly High-level meeting on the Rule of Law were highly positive. Following a keynote speech by Ben Ferencz, 15 States Parties from different regions expressed their strong commitment to ratify the Kampala amendments. Many of them echoed the concrete pledges they had made in this regard at the GA meeting. The UN Legal Counsel and the ASP President gave supportive statement. Three Non-States Parties also took the floor, of which only the United States expressed concerns.

[...]

A diez años de la entrada en vigor del Estatuto de Roma: ¿Cuánto ha avanzado la justicia penal internacional?

Informe Final

Lima, 17 y 18 de setiembre de 2012

Presentación

Los días lunes 17 y martes 18 de setiembre, entre las 3:00 p.m. y 7:00 p.m. en los anfiteatros Dammert y Zolezzi de la Facultad de Derecho de la PUCP se llevó a cabo la conferencia A diez años de la entrada en vigor del Estatuto de Roma: ¿Cuánto ha avanzado la justicia penal internacional?

Este evento fue coorganizado por la Coalición por la Corte Penal Internacional (CICC), el Comité Internacional de la Cruz Roja (CICR), el Instituto de Democracia y Derechos Humanos de la PUCP (IDEH-PUCP), la Maestría en Derechos Humanos de la PUCP y el Ministerio de Relaciones Exteriores del Perú.

 

 Presentation by

BY

DR ATHALIAH MOLOKOMME

ATTORNEY GENERAL OF THE REPUBLIC OF BOTSWANA

AT

A SIDE EVENT OF THE ASSEMBLY OF STATES PARTIES:

Promoting ratification and implementation of the Kampala Amendments to the Rome Statute (Crime of Aggression; Article 8)

Friday, 16 November 2012, 1.15 – 2.45 p.m., Room: Europe 1 & 2

Legal Workshop for States Parties Interested in the Ratification and Implementation of the Kampala Amendments to the Rome Statute

Saturday, 17 November 2012,

World Forum Convention Centre, The Hague

Room Europe 1 & 2 – Registration required

Programme

[...]

3314 (XXIX) Definition of Aggression

The General Assembly,

Having considered the report of the Special Committee on the Question of Defining Aggression, established pursuant to its resolution 2330 (XXII) of 18 December 1967, covering the work of its seventh session held from 11 March to 12 April 1974, including the draft Definition of Aggression adopted by the Special Committee by consensus and recommended for adoption by the General Assembly,(1)

Deeply convincedthat the adoption of the Definition of Aggression would contribute to the strengthening of international peace and security,

1.  Approves the Definition of Aggression, the text of which is annexed to the present resolution;

2.  Expresses its appreciation to the Special Committee on the Question of Defining Aggression for its work which resulted in the elaboration of the Definition of Aggression;

3.  Calls upon all States to refrain from all acts of aggression and other uses of force contrary to the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations;(2)

4.  Calls the attention of the Security Council to the Definition of Aggression, as set out below, and recommends that it should, as appropriate, take account of that Definition as guidance in determining, in accordance with the Charter, the existence of an act of aggression.

2319 plenary meeting 14 December 1974

[...]

Ministerial Panel: Preventing the illegal use of force through judicial accountability

The role of the ICC and its States Parties after the adoption of the Kampala Amendments on the Crime of Aggression

United Nations, New York, 24 September 2012

Meeting Summary

The discussions at the side-event to the General Assembly High-level meeting on the Rule of Law were highly positive. Following a keynote speech by Ben Ferencz, 15 States Parties from different regions expressed their strong commitment to ratify the Kampala amendments. Many of them echoed the concrete pledges they had made in this regard at the GA meeting. The UN Legal Counsel and the ASP President gave supportive statement. Three Non-States Parties also took the floor, of which only the United States expressed concerns.

[...]

Anlage 6

Zu Protokoll gegebene Reden

zur Beratung:

– Entwurf eines Gesetzes zu den Änderungen vom 10. und 11. Juni 2010 des Römischen Statuts des Internationalen Strafgerichtshofs vom 17. Juli 1998

– Antrag: Universal Periodic Review – Menschenrechtslage in Deutschland auf dem Prüfstand des UN-Menschenrechtsrates

(Tagesordnungspunkte 16 a und b)

[...]

 Deutscher Bundestag

Stenografischer Bericht

198. Sitzung

Berlin, Donnerstag, den 18. Oktober 2012

[...]

Tagesordnungspunkt 16:

Erste Beratung des von der Bundesregierung eingebrachten Entwurfs eines Gesetzes zu den Änderungen vom 10. und 11. Juni 2010 des Römischen Statuts des Internationalen Strafgerichtshofs vom 17. Juli 1998

[...]

Luxembourg fourth country to ratify aggression amendments: On 15 January 2012, Jean Asselborn, Deputy Prime Minister & Minster of Foreign Affairs of Luxembourg, deposited the instruments of ratification with the Office of Legal Affairs of the United Nations. Luxembourg is the fourth country to have ratified the Kampala amendments on the crime of aggression and on war crimes (article 8), following Liechtenstein, Samoa and Trinidad and Tobago. It is however the first ICC State Party that has both ratified the amendments and implemented them into domestic legislation. Luxembourg’s criminal code and its code of criminal procedure were already revised in February 2012. Now, after four ratifications, 26 additional ratifications are needed before the jurisdiction of the International Criminal Court over the crime of aggression can be activated.

Please see the Luxembourg Ministry of Foreign Affairs’ press release (in English and French) for more information.

Photo: Deputy Prime Minister and Minister of Foreign Affairs of Luxembourg Jean Asselborn deposits instrument of ratification with United Nations Under-Secretary-General for Legal Affairs Patricia O’Brien. ©United Nations/Win Khine

German Parliament (Bundestag) approves ratification of Kampala amendments: The German Parliament’s lower house (Bundestag) unanimously approved the ratification of the Kampala amendments on the crime of aggression and on war crimes. The speakers in the debate stressed Germany’s historic legacy to prevent future crimes of aggression and thus favored a swift completion of the ratification process. One speaker highlighted the contribution of Liechtenstein and the Global Institute for the Prevention of Aggression. The ratification bill will now go to the upper house of Parliament (Bundesrat) and will then be signed by the President. The deposit of the ratification instrument at the United Nations is expected in early 2013. The full transcript of the reading in German is available here.

Photo: © Bundestag/Lichtblick/Achim Melde

President of Senegal announces ratification: At the opening of the 11th session of the ICC Assembly of States Parties in The Hague, the President of Senegal, Macky Sally, announced that his country will ratify the Kampala amendments on the crime of aggression. During the general debate, many other delegations stressed their commitment to ratify; these include Austria, Botswana, Chile, Croatia, Estonia, Germany, Luxembourg, Panama, Peru, Slovenia, Spain and Switzerland.

Photo: President of Senegal, Macky Sally, speaking at the opening of the ASP in The Hague. ©ICC-ASP/Ikeda

1 Information compiled from the questionnaire distributed by the Liechtenstein Mission, consultations with government officials, and from the mobilization of the members and the monitoring by the staff of Parliamentarians for Global Action (PGA). For queries, additions or corrections please contact joern.eiermann@nyc.llv.li.

I.        Ratification

 A.      Ratifications registered with the Depositary of the Rome Statute (4 States Parties)

 1.       On 8 May 2012, Liechtenstein ratified, as the first country, the amendments on the crime of aggression together with the amendments on Article 8 (war crimes) adopted at the 2010 Review Conference of the Rome Statute of the ICC, held in Kampala, Uganda. The date chosen was highly symbolic, as it coincided with the commemoration of the end of World War II in Europe. The amendments will enter into force for Liechtenstein on 8 May 2013, while the Court’s jurisdiction over the crime of aggression can only be activated in 2017. In order to achieve this goal at least 30 States Parties will have ratify as early as possible, ideally by the end of 2015, and the Assembly of States Parties will have to decide to activate jurisdiction in 2017.

 2.       Since then, the following States have also ratified both Kampala amendments: Samoa (25 September 2012), Trinidad and Tobago (13 November 2012), Luxembourg (15 January 2013). Luxembourg is the first country having ratified and implemented the amendments.

 B.      Concrete progress

3.       According to the information available, government or parliamentary officials in at least the following States Parties are currently actively working on the ratification of the amendments on the crime of aggression: Argentina, Australia, Austria, Belgium, Brazil, Botswana, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Dominican Republic, Ecuador, Estonia, Georgia, Germany, Greece, Italy, Lesotho,  Malta, the Netherlands, Panama, Peru, Portugal, Romania, Senegal, Slovenia, Spain, Switzerland, and Uruguay. In Finland, Ghana, Guatemala, Japan, Latvia and Venezuela, the process is in its early stages.´

[...]

 

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27 to go – Trinidad and Tobago ratifies crime of aggression amendments: On 13 November 2012, Trinidad and Tobago deposited its instrument of ratification of the Kampala amendments with the Office of Legal Affairs at the United Nations. Trinidad and Tobago is the third country that has ratified (after Liechtenstein and Samoa), 27 additional ratifications are still required for activation of the Court’s jurisdiction over the crime of aggression.

Photo: Ambassador Eden Charles and Ambassador Rodney Charles handing over the ratification instrument to Ms. Gabriele Goettsche-Wanli (Chief of the Treaty Section, OLA) ©United Nations

Germany starts ratification process in parliament: All political parties of the German Bundestag welcomed the swift ratification of the Kampala amendments on the crime of aggression and on article 8 (war crimes) at their first reading on 18 October 2012. Spokespersons stressed that the amendments are a judicial milestone in international law and a historic opportunity, in particular important for Germany due to its history. Further information, please see the following news article in German and the official record of the reading.

Huffington Post article about aggression: Sam Sasan Shoamanesh, Co-founder, Global Brief, and Head of the Counsel Assistance Unit of the ICC, writes that “It has cost humanity rivers of blood, destruction of Biblical proportions, untold suffering and irreparable losses of peoples — in whole or in part — over millennia to finally recognize in the 20th century that war of aggression constitutes in Robert H. Jackson’s eloquent words, the “supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” Look up, what Shoamanesh writes about the Kampala review conference, the amendments and why the time to act is now.

Samoa ratifies crime of aggression amendments: On 25 September 2012, Samoa deposited its instrument of ratification of the Kampala amendments with the Office of Legal Affairs at the United Nations. It is the second country to ratify them. 28 are still needed for activation of the Court’s jurisdiction over the crime of aggression. The Prime Minister assures that “Samoa is not a member of any military grouping and has no aspirations to become one. We do so because we place great faith in the rule of law and the vital protection that the law offers to all States, especially to the weak and small. From this perspective, we consider the International Criminal Court one of the most important developments in the affairs of the international community in the struggle against impunity ….”

Photo: Prime Minister of Samoa, Tuilaepa Sa’ilele Malielegaoi, deposits ratification bill with United Nations Under-Secretary-General for Legal Affairs, Patricia O’Brien.

High-Level Paneldiscussion about Aggression, September 201215 States report on progress in ratification process: At a side event to the high-level meeting on the rule of law on 24 September 2012, hosted by Liechtenstein Foreign Minister Aurelia Frick and featuring Nuremberg Prosecutor Ben Ferencz, 15 ICC States Parties reported about their progress in ratifying. See the meeting summary here.

Photo: High-Level Paneldiscussion about Aggression, September 2012
© Liechtenstein / Marc McAndrews

News

22 JUL 2014

Vale Hans-Peter Kaul: Hans-Peter Kaul, retired ICC judge, head of the German delegation to the Rome Conference and member of the Global Institute’s Council of Advisers, died on 21 July 2014. He leaves behind a rich and unique legacy, having had an impact on international criminal law, the International Criminal Court and the fight to criminalize the illegal use of force that will be felt for many years to come.

As head of the German delegation at the Rome Conference, Judge Kaul played an instrumental role in ensuring the adoption of the Rome Statute, in safeguarding the judicial independence of the Court, and in securing the inclusion of the crime of aggression on the list of crimes over which the Court has jurisdiction. Among the first judges elected to serve on the bench of the ICC and assigned to the Pre-Trial Division, Hans-Peter contributed to the formation of the Court’s jurisprudence and was instrumental in setting up the Court’s institutions. He also remained a tireless advocate for activation of the Court’s jurisdiction over the crime of aggression.

Upon joining the Council of Advisers of the Global Institute for the Prevention of aggression, Hans-Peter made the following statement:

“It is … my firm conviction that aggressive war-making … and the use of unjustified armed force inevitably lead, time and again, to mass atrocities. I strongly believe that there can be no successful prevention of war crimes and crimes against humanity without the effective criminalisation and prosecution of aggressive war-making.”

Hans-Peter never wavered in his commitment and always persevered in his fight for the cause in which he so strongly believed. His leadership will remain exemplary. We are grateful to have worked with Hans-Peter and for the support and friendship he extended to us, and we are committed to honoring his legacy. The thoughts of all those who work on this campaign are with his wife Elisabeth.

21 JUL 2014

Expert panel discusses policy options in ratifying the Kampala amendments: At an event organized in celebration of International Justice Day, 17 July, experts discussed the policy dimension of the Kampala Amendments. Christian Wenaweser, Permanent Representative of Liechtenstein to the UN, emphasized that it was unlikely that the ICC’s focus on genocide, crimes against humanity and war crimes would change, even after the activation of the aggression amendments in 2017. Beth van Schaack, Professor at Santa Clara Law, sounded a note of caution, noting that a number of issues regarding the aggression amendments still needed to be resolved, and that States should be cautious in implementing the amendments. Focusing on Eastern Europe, Andrej Logar, Permanent Representative of Slovenia to the UN said States from the region were leaders in ratifying the Kampala Amendments. His own country had both ratified and implemented the amendments. The ICC would be ready to deal with the crime when it was activated, said Sang-Hyun Song, President of the Court, though adjustments to the rules and regulations of the Court, as well as in the budget, may become necessary.

In the subsequent discussion, Spain and Poland announced that their national ratification processes were coming to an end, and that they hoped to deposit their instruments of ratification by the end of September.

Missed our event? You can watch the archived video at any time.

Photo (from left to right): Andrej Logar (Permanent Representative of Slovenia to the UN), Sang-Hyun Song (President, ICC), David Tolbert (Moderator, President, ICTJ), Christian Wenaweser (Permanent Representative of Liechtenstein to the UN), Beth van Schaack (Professor, Santa Clara Law)

18 JUL 2014

European Parliament calls for Ratifications of the Kampala Amendments: On 17 July, in a resolution supported across party lines, the European Parliament expressed its support for the Kampala Amendments on the Crime of Aggression. In plain language, it called on EU Member States to ratify the amendments and support their activation. The EU as a whole was encouraged to develop a common position on the Crime of Aggression and to promote the ratification of the Rome Statute as amended with its external partners.

The resolution was initiated by the Green MEP and member of Parliamentarians for Global Action Barbara Lochbihler who said “EU governments can play a crucial role […] by ratifying the ‘Kampala Amendment.’” This sentiment was echoed by Liechtenstein’s Ambassador to the UN, Christian Wenaweser who noted that “this decision places the amendments in the context of the campaign for universality of the Rome Statute and is a significant contribution to the acceptance of the revised Rome Statute.”

17 JUL 2014

Austria 15th State to ratify Kampala Amendments: On 17 July, Martin Sajdik, Permanent Representative of Austria to the United Nations, deposited his country’s instrument of ratification of the Kampala Amendments. With this 15th ratification, our campaign has reached a halfway point towards the goal of achieving 30 ratifications by the end of 2015, and thus allowing for the activation of the amendments in early 2017. Austria has become the ninth Member State of the European Union to ratify the amendments.

Please follow us on twitter @CrimeAggression for the latest news on this International Justice Day.

Photo: UN/Win Khine

09 JUL 2014

Upcoming Panel Discussion: “Into the homestretch – towards the activation of the Kampala Amendments on the Crime of Aggression“: The Mission of Liechtenstein and the Global Institute for the Prevention of Aggression will be commemorating 17 July, International Criminal Justice Day, with a panel discussion on the crime of aggression at UN Headquarters in New York. The panel will feature Judge Sang-Hyun Song, President of the International Criminal Court, renowned international legal scholar Beth van Schaack, as well as the Permanent Representatives of Liechtenstein and Slovenia to the United Nations. It will be moderated by David Tolbert, President of the International Center for Transitional Justice. The panelists will explore the relevance of the amendments and the challenges ahead of their activation in 2017.

All are invited to attend. Please have a look at our upcoming events page for more information, including how to register.

19 MAY 2014

Foreign Ministers of Slovenia and Liechtenstein call for ratification of Kampala Amendments: The open letter was penned by Karl Erjavec, Deputy Prime Minister and Minister of Foreign Affairs of Slovenia and Aurelia Frick, Minister of Foreign Affairs of Liechtenstein on the occasion of the regional workshop for Eastern Europe. In their letter, the ministers take stock of the founding and operation of the International Criminal Court, concluding that “never before has international criminal justice been such an important factor in the international community’s response to violent conflict.” They then turn to the Kampala Amendments on the crime of aggression which will enable the ICC to help to enforce a key provision of the Charter of the United Nations. Activation of the amendments would be a triumph of principles over politics. “We invite all our fellow ICC States Parties to join us on this path and call upon States not Parties to the Rome Statute to embrace the ICC and, by so doing, join the fight against impunity,” the ministers conclude.

The full text of the open letter is available online.

Photo credit: Kris Kotarski/Wayamo Foundation and United Nations

16 MAY 2014

Successful conclusion of regional workshop for Eastern Europe: The two-day seminar brought together States from the Eastern European region to discuss the ratification and implementation of the Kampala amendments on the crime of aggression. There is no doubt that the region is on the leading edge of the fight against illegal war making: four States from the region have ratified the amendments (Croatia, Estonia, Slovakia, Slovenia), five more are expected to ratify before the end of the year (Albania, Czech Republic, Georgia, Macedonia, Poland), and the remaining nine are working on the ratification process. Speakers at the workshop included Karl Erjavec, Minister for Foreign Affairs of Slovenia and UN Secretary-General Ban Ki-moon, who contributed a video message, as well as the Presidents of the International Criminal Court and its Assembly of States Parties.

Statements:
UN Secretary-General’s message
Ben Ferencz’s message
President Song‘s statement.
UN Legal Counsel‘s statement.

Press Releases:
Press Release by the Ministry of Foreign Affairs of Slovenia
Joint Press Release

Photo: Kris Kotarski / Wayamo Foundation

12 MAY 2014

Prohibiting the illegal use of force – promoting of the Kampala Amendments in Eastern Europe: On 15 and 16 May, Slovenia, Liechtenstein and the Global Institute for the Prevention of Aggression will be hosting a workshop on the Kampala Amendments and the universality of the Rome Statute in Ljubljana, Slovenia. The high-level segment will feature ICC-President Judge Song, UN Under-Secretary-General for Legal Affairs Serpa Soares, President of the ICC-States Parties Intelmann and Slovenian Foreign Minister Erjavec, as well as video messages by UN Secretary-General Ban Ki-moon and Ben Ferencz. Four of the 18 Eastern European States Parties have ratified the amendments (most recently Slovakia on 18 April 2014), and several others will do so in the near future.  The workshop aims to encourage even more States in the region to ratify and to provide concrete assistance for this process. Eastern European States which have not joined the Rome Statute yet are also invited.

For more information, see upcoming events as well as the event’s programme.

Media representatives are invited to a press conference. Any enquiries about media coverage of the workshop should be sent to Bettina Ambach (Bettina@bettinaambach.de).

Photo © tourism-ljubljana

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