Status of ratification and implementation

Status of Ratification and Implementation of the Kampala Amendments on the Crime of Aggression

Update No. 34 (information as of 27 November 2019)

I. Ratification

A. Ratifications registered with the Depositary of the Rome Stature (39 State Parties)

  1. The following States have ratified the Kampala amendments on the crime of aggression:
State Ratification Date State Ratification Date
Liechtenstein i 8 May 2012 Malta 29 January 2015
Samoa i 25 September 2012 Costa Rica 5 February 2015
Trinidad & Tobago 13 November 2012 Czech Republic i 12 March 2015
Luxembourg i 15 January 2013 Switzerland 10 September 2015
Estonia p 27 March 2013 Lithuania p 7 December 2015
Germany p 3 June 2013 Finland i 30 December 2015
Botswana 4 June 2013 North Macedonia i 1 March 2016
Cyprus 25 September 2013 El Salvador 3 March 2016
Slovenia i 25 September 2013 Iceland 17 June 2016
Andorra 26 September 2013 State of Palestine 26 June 2016
Uruguay 26 September 2013 The Netherlands 23 September 2016
Belgium 26 November 2013 Chile 23 September 2016
Croatia i 20 December 2013 Portugal 11 April 2017
Slovakia p 29 April 2014 Argentina 28 April 2017
Austria i 17 July 2014 Panama 6 December 2017
Latvia p 26 September 2014 Ireland 27 September 2018
Spain 26 September 2014 Guyana 28 September 2018
Poland p 26 September 2014 Paraguay 5 April 2019
San Marino 14 November 2014 Ecuador 25 September 2019
Georgia p 5 December 2014

 

i – has implemented the Kampala Definition of the crime of aggression

p – has pre-existing domestic laws criminalizing aggression that overlap with the Kampala Amendments

[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); additional information provided by the Coalition for the International Criminal Court. For queries, additions or corrections please contact sina.alavi@nyc.llv.li. The latest version of this Status Report, along with the Kampala Ratification and Implementation Handbook, are available for download at www.crimeofaggression.info.

B. Concrete progress

  1. On 25 September 2019, Ecuador ratified the Amendments and thereby became the 39th state do so.
  2. On 5 April 2019, Paraguay deposited its instruments of ratification of the Amendments at the United Nations.
  3. On 28 September 2018, Guyana deposited its instruments of ratification of the Amendments at the United Nations.
  4. On 27 September 2018, Ireland ratified the amendments.
  5. On 17 July 2018, the International Criminal Court’s jurisdiction over the crime of aggression went into effect.
  6. According to the information available, government or parliamentary officials in at least the following 21 States Parties are currently actively working on the ratification of the amendments on the crime of aggression: Albania, Bolivia, Bulgaria, Denmark, Dominican Republic, Greece, Guatemala, Honduras, Hungary, Italy, Lesotho, Madagascar, Mexico, Mongolia, Montenegro, New Zealand, Peru, Romania, Senegal, Serbia and In 5 further States Parties the process is in its early stages: Ghana, Moldova, Republic of Korea, Tunisia and Vanuatu.

C. Commitments to ratification

  1. During the annual ICC report to the General Assembly on 4 November 2019, the President of the ICC highlighted to UN Member States the activation of the jurisdiction over the crime of aggression. Several states such as Argentina, Bangladesh, Ecuador, Georgia, Liechtenstein, Slovakia, Switzerland and Venezuela made positive reference to the activation of the court’s jurisdiction in their respective statements.
  2. At the seventeenth session of the ASP in The Hague in December 2018, Andorra, Sweden, Poland, Chile, Estonia, Cyprus, Guatemala, Botswana, Peru, Argentina, Ireland, Switzerland, Germany, Costa Rica, Austria on behalf of the EU and Liechtenstein referred to and welcomed the activation of the Court’s jurisdiction over the crime of aggression.
  3. During the annual ICC report to the General Assembly on 29 October 2018, the President of the ICC highlighted to UN Member States the fact that the ICC’s jurisdiction over the crime of aggression was activated on 17 July 2018. Positive statements on the activation of the ICC’s jurisdiction over the crime of aggression were delivered a number of States, including by Liechtenstein on behalf of Austria, Belgium, Costa Rica, Czech Republic, Cyprus, Estonia, Luxembourg, the Netherlands, Portugal, Slovenia and Switzerland.
  4. International Justice Day 2018 (17 July), not only marked the 20thanniversary of the Rome Statute of the International Criminal Court (“ICC”), but also the day the ICC could officially start exercising its jurisdiction over the crime of aggression. This milestone in the history of international law was celebrated by a high-level event at the UN entitled “20th anniversary of the Rome Statute: the need for universality and the International Criminal Court’s jurisdiction over the crime of aggression,” as well as by events in The Hague and Rome.
  5. At the sixteenth session of the ASP in New York in December 2017, the 123 States Parties to the Rome Statute made the historic decision to enable the ICC to exercise jurisdiction over the crime of aggression. This marks the first time that humanity has had a permanent international court with the authority to hold individuals accountable for their decisions to commit aggression – the worst form of the illegal use of force. The ICC will be able to exercise its jurisdiction as of 17 July 2018, which also marks the 20th anniversary of the Rome Statute.
  6. At the fifteenth session of the ASP in The Hague in November 2016, Botswana, Finland, Cyprus, the Netherlands, Slovakia, Germany, Switzerland, Chile, Luxembourg, Italy, Slovenia, Spain, Czech Republic, State of Palestine, Andorra, Romania, Portugal, Latvia, Iceland, Estonia, Peru, Argentina, Mexico, Trinidad and Tobago and Liechtenstein highlighted that the threshold of 30 ratifications of the Kampala amendments to the crime of aggression had been achieved, and supported activation of the ICC’s jurisdiction over the crime of aggression in 2017.
  7. At the fourteenth session of the Assembly of States Parties (ASP) in The Hague on 19 and 20 November 2015, States Parties made positive references to the Kampala Amendments on the crime of aggression, including Argentina, Botswana, Chile, Costa Rica, Estonia, Samoa, Slovenia, Uruguay and Luxembourg on behalf of the EU. The following States encouraged the early activation of the Court’s jurisdiction over the crime of aggression: Brazil, Czech Republic, Liechtenstein Switzerland.
  8. At a Side Event during the 4th World Conference of Speakers of Parliament on 1 September 2015, the Presidents of the Parliament of Senegal and Madagascar pledged to work towards the speedy ratification of the Kampala Amendments by their countries.
  9. At the 22nd session of the Universal Periodic Review (4 to 15 May 2015), Bulgaria, Marshall Islands and Maldives agreed to examine recommendations to ratify the Kampala Amendments. During its presentation to the Human Rights Council, Mongolia informed that its ratification procedure is expected to be completed in 2015.
  10. At the thirteenth session of the ASP (December 2014), the following States Parties made concrete commitments to ratify the amendments on the crime of aggression: Albania, Brazil, Chile, Iceland, South Africa and Tanzania. In addition, the following countries made positive references to the amendments: Austria, Estonia, Georgia, Germany, Latvia, Liechtenstein, Luxembourg, Mexico, New Zealand, Slovakia, Slovenia, South Africa, Uruguay as well as the European Union (in a statement delivered by Italy).
  11. At the eighth session of the Consultative Assembly of Parliamentarians for the ICC and the Rule of Law, organized by Parliamentarians for Global Action and hosted by the Moroccan Chamber of Deputies in Rabat on 04 and 05 December 2014, 148 members of Parliament from 49 countries from all regions of the world adopted the Rabat Plan of Action through which they resolved to ensure the ratification of the Kampala Amendments by their countries and to achieve 30 ratifications before 2016. The Plan of Action also calls on parliamentarians to “individually or collectively, submit for consideration of the Nobel Peace Prize committee the results of the Kampala Review Conference and of those individuals that have relentlessly fought to proscribe the illegal use of force among nations.”
  12. At the 20th session of the Universal Periodic Review (27 October to 7 November 2014), Italy agreed to examine a recommendation to ratify the Kampala Amendments.
  13. On 9 October 2014, the Legislative Assembly of Honduras adopted a motion requesting the government to submit a bill on the ratification of the Kampala Amendments. A government response is still outstanding.
  14. On 17 July 2014 the European Parliament adopted resolution 2014/2724(RSP), which calls on the European Union to adopt a common position on the Kampala Amendments. It also calls on EU Member States to ratify and implement the amendments and to support their activation. The EU is also encouraged to include the Kampala Amendments in its external actions, including through the provision of technical assistance.[1]
  15. At a regional seminar about the Kampala amendments for Eastern European States, which took place in Slovenia on 15 and 16 May 2014, five States of the Eastern European Group (EEG) announced their intention to ratify before the end of the year (Albania, Czech Republic, Georgia, North Macedonia, Poland), while the remaining nine[2] EEG States Parties are working on the ratification process. The region continues to hold the highest percentage of States that have ratified the Crime of Aggression.
  16. At the same session of the UPR, New Zealand committed to taking a formal decision on the ratification of the Kampala Amendments in the first quarter of 2014. Previously, on 5 June 2013, on the basis of a motion tabled by Dr Kennedy Graham MP, member of Parliamentarians for Global Action, and of the Council of Advisers of the Global Institute for the Prevention of Aggression, the parliament of New Zealand had unanimously called on the government to ratify the Kampala Amendments to the Rome Statute and to become “one of the 30 ratifying countries needed by 2017 in order to implement this amendment.”
  17. At the 18th session of the Universal Periodic Review, Afghanistan, Chile and Dominican Republic agreed to examine recommendations to ratify the Kampala Amendments.
  18. At the twelfth session of the Assembly of States Parties (ASP) in The Hague on 20 and 21 November 2013, States Parties made positive references to the Kampala Amendments on the crime of aggression, including Brazil, Democratic Republic of Congo and Guatemala.
  19. On 20 October 2013, the Latin-American Parliament adopted resolution AO/2013/07, which recognizes the jurisdiction of the ICC over the four core crimes and encourages member states to initiate and/or follow up the process of ratification and implementation of the Kampala amendments. It also calls on all members to submit a report on the implementation of the Rome Statute and the obligations of cooperation with the International Criminal Court as well as the ratification of the Kampala amendments.
  20. The following States have accepted a recommendation to ratify the amendments on the crime of aggression in the context of the Universal Periodic Review of the Human Rights Council: Burkina Faso (April 2013), and Montenegro (April 2013), Côte d’Ivoire (April 2014), Portugal (April 2014).
  21. At the opening of the eleventh session of the Assembly of States Parties (ASP) in The Hague on 14 November 2012, the President of Senegal, Mr. Macky Sally, announced that his country will ratify the amendments without delay. Besides Senegal, the following States Parties stated their concrete commitment to ratify the amendments on the crime of aggression: Chile, Ecuador, Panama, Peru and Romania. Other States Parties made positive references to the Kampala Amendments on the crime of aggression, such as Bolivia, Ghana, Guatemala, Japan, Jordan and Sierra Leone.
  22. In the context of the General Assembly High-Level Meeting on the Rule of Law on 24 September 2012, the following countries made pledges regarding the ratification of the amendments on the crime of aggression: Argentina (asap), Bulgaria (by the end of 2014), Germany (implementation) and the Netherlands (asap).
  23. On 11 June 2012, the Ministers of Foreign Affairs of the Union of South American Nations (UNASUR) Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, and Venezuela called upon all States Parties to ratify the amendments adopted in Kampala.
  24. On 16 February 2012, at the Pacific Outreach Roundtable on the ICC in Sydney, participants from Australia, Cook Islands, Marshall Islands, Palau, Papua New Guinea, Samoa, Tonga, Tuvalu and New Zealand agreed that it was desirable for all Pacific Island Countries to become States Parties to the Rome Statute and called upon the region to consider acceding to the Statute as amended in 2010 (i.e. including the amendments on war crimes and on the crime of aggression).
  25. At the ninth and tenth sessions of the Assembly of States Parties (ASP; December 2010 and 2011), the following States Parties made concrete commitments to ratify the amendments on the crime of aggression: Argentina, Bolivia, Peru and South Africa. In addition, the following countries made positive references to the amendments: Brazil, Burkina Faso, Canada, Democratic Republic of the Congo, Denmark, Fiji, Ghana, Hungary, Japan, Jordan, Kenya, Lesotho, Mexico, Nigeria, Norway, Republic of Korea, Senegal, Serbia and the United Kingdom.

[2] Previous commitments by States that have already ratified are not listed in this section.

[3] Previous resolutions by the European Parliament that touch on the crime of aggression include Resolution 2011/2109(INI), which welcomed the adoption of the Kampala Amendments to the Rome Statute; Resolution 2012/0126, which called on all Member States to ratify these substantive amendments promptly and to implement them in their domestic penal systems, and Resolution 2012/2850(RSP), which called on Iraq to ratify the 2010 version of the Rome Statute.

[4] Bosnia & Herzegovina, Bulgaria, Hungary, Latvia, Lithuania, Montenegro, Moldova, Romania, Serbia.

 

II. Implementation

A. Adopted Domestic Legislation

  1. On 30 December 2015, the parliament of Finland incorporated the crime of aggression into the national Criminal Code.
  2. On 5 February 2015, the parliament of North Macedonia adopted amendments to the criminal code that incorporate the Kampala definition of the crime of aggression into Article 403-b.
  3. On 24 July 2015, the parliament of Austria approved amendments to the criminal code that incorporate the crime of aggression based on the Kampala definition. The new criminal code entered into force on 1 January 2016.
  4. On 21 October 2014, the parliament of Samoa adopted its International Criminal Court Amendment Act 2014, which quotes the Kampala definition.
  5. On 28 January 2014, Ecuador adopted a new Criminal Code which includes the Kampala definition of the crime of aggression in article 88. The code entered into force on 28 August 2014.
  6. On 1 January 2014, amendments to the criminal code of the Czech Republic, reflecting the Kampala amendments, entered into force.
  7. On October 2011, Croatia adopted the new criminal code containing the Kampala definition of the crime of aggression in Article 89. The criminal code entered into force on 1 January 2013.
  8. On 14 May 2012, the revised criminal code of Slovenia entered into force. Article 103 incorporates the Kampala definition of the crime of aggression.
  9. On 27 February 2012, Luxembourg adopted a revision to its criminal code and code of criminal procedure that incorporates the Kampala definition of the crime of aggression.
  10. On 1 October 2019, Liechtenstein adopted amendments to its criminal code containing the Kampala definition of the crime of aggression.

B. Concrete Process

  1. In Ecuador, Italy, Peru, Sweden and Venezuela, draft criminal code bills containing the Kampala definition of the crime of aggression are under consideration at the parliamentary level.
  2. In June 2012, in New Zealand, MP Kennedy Graham tabled a Member’s Bill to incorporate the Kampala definition of the crime of aggression in domestic law and to introduce a mechanism to ensure the legality of the use of force by New Zealand’s leaders. The bill is under ballot.

C. Commitment to domestic implementation

  1. It is to be expected that a number of States Parties that are preparing ratification will also adopt legislation implementing the Kampala definition in domestic law, including Greece, Guatemala, Honduras, Madagascar and Peru.

D. Pre-existing domestic legislation criminalizing aggression

  1. Several States Parties, and some non-States Parties, already had domestic provisions criminalizing aggression prior to the Review Conference that may overlap with the Kampala definition of the crime of aggression. These include Armenia, Azerbaijan, Bangladesh, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Cuba, Czech Republic, Estonia, Germany, Georgia, Hungary, Kazakhstan, Kosovo, Latvia, Lithuania, North Macedonia, Moldova, Mongolia, Montenegro, Paraguay, Poland, Russian Federation, Serbia, Slovakia, Slovenia, Tajikistan, Timor-Leste, Ukraine, Uzbekistan and Vietnam.

III. Declarations

E. Declaration of Non-Acceptance (opt-out)

  1. On 2 February 2018, Guatemala submitted a declaration of non-acceptance of the International Criminal Court’s jurisdiction over the crime of aggression, referred to in article 15 bis (4), to the Registrar of the ICC. Guatemala’s declaration states that after careful examination of articles 5, 12, 15 bis (4) and 121 (5) as well as the activation resolution of December 14 2017, Guatemala decided to declare that it does not accept the jurisdiction of the Court over the crime of aggression.
  2. On 30 November 2015, Kenya lodged a declaration of non-acceptance of jurisdiction of the International Criminal Court pertaining to the crime of aggression pursuant to article 15 bis (4) of the Rome Statute.