Carrie McDougall, Legal Adviser of the Australian Mission to the UN, at , noted that for those States that have ratified the amendments, there are no jurisdictional ambiguities — meaning that ratifying the amendments would help solve any remaining questions in this regard. With several other domestic ratification processes complete or nearing completion, we remain on track to achieve the milestone of 30 ratifications in the first half of this year. Its parliament had approved both the ratification and the adoption of implementing legislation in early February.
Macedonia is the 27th State Party to the Kampala Amendments. With several other domestic ratification processes complete or nearing completion, we remain on track to achieve the milestone of 30 ratifications in the first half of Inclusion of the crime of aggression in the criminal code would be an important step towards the ratification of the amendments, a process on which Panama has been actively working see our Status Report.
The definition of the crime is based in large parts on the definition of Kampala. The Kampala amendments also added art. He argued though, that art. The required 30 States had ratified or accepted the Kampala consensus by June 26, By November 7, , 34 had bought in. The central issue was whether States Parties had to opt-in or opt-out of the new jurisdiction of the ICC.
Some wanted this clarification in the activation decision itself. The stakes were high because the prosecution of heads of state were potentially involved. The issue was very contentious. The States Parties agreed that they would not reopen the Kampala amendments. The Report stated that the divergence of views existed only about the exercise of jurisdiction over crimes of aggression committed by nationals or on the territory of States Parties that have not ratified or accepted the amendments.
V, para. In one paper, Canada, Columbia, France, Japan, Norway and the United Kingdom took the position that the ICC cannot exercise jurisdiction over nationals or on the territory of a State Party unless that State ratifies or accepts the crime of aggression amendments.
Canada et al. This interpretation of the scope of the amendments should not be left as a controversy to be settled by the ICC.
The availability of an opt-out under art. The opt-out in art. Liechtenstein drew a distinction between exercise of jurisdiction and entry into force and argued that while the Kampala amendments did not legally bind non-ratifying States Parties, this alone did not prevent the ICC from exercising jurisdiction over their nationals.
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Annex II, B, para. The amendments include other non-consensual elements where the second sentence of art. The second sentence of art. Article 15 bis 4 refers to art.
From Rome to Kampala : The First 2 Amendments to the Rome Statute
The acceptance of the opt-out option in the Kampala Resolution suggests the ICC can exercise jurisdiction even where a State Party has not ratified. The usual middle-ground for this kind of a dichotomy is an opt-out. This is an easy way for a State Party to ensure the amendments do not apply to them, with the same effect as the second sentence of art. Why give an aggressor state the opportunity to refuse to ratify and then lodge a declaration that they are not bound?
Our purpose: Promoting peace through criminal justice – preventing crimes of aggression
Argentina, Botswana, Samoa, Slovenia and Switzerland. Argentina, Botswana, Samoa, Slovenia and Switzerland focused on the importance of activating the crime of aggression. Annex II, C, section 1, para. Argentina et al.
From Rome to Kampala : The First 2 Amendments to the Rome Statute : Gerard Dive :
At the same time, they say that a State is also free to ratify the version of the Rome Statute and on top of that, to file an opt-out declaration. The Kampala amendments creates a special regime for the crime of aggression where the ICC will be able to exercise jurisdiction over nationals of non-ratifying States Parties committing the crime of aggression on the territory of States Parties and not to nationals of any State like the other art.
Uncertainty about what the amendments apply to a State Party could be resolved simply by declaring an opt-out. By depositing its instrument of ratification on 26 September , during the annual Treaty Event at UN Headquarters, San Marino became the first State to ratify the amendment to article 8 of the Rome Statute which had been agreed to at the Review Conference in Kampala. The amendment extends the jurisdiction of the Court to the war crimes of employing certain weapons and substances in armed conflicts not of an international character.
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The President of the Assembly, Ambassador Christian Wenaweser, welcomed this first ratification which he hoped would constitute a catalyst for other States to follow, both regarding article 8 and the amendments on the crime of aggression which had also been agreed to at the Review Conference. Article 8 War crimes […] 2.
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