The Global Campaign for the Prevention of Aggression

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.

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 67^th 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 6^th 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