Changes to the Rome Statute

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Amendments to the Rome Statute of the International Criminal Court are governed by the procedures set out in Articles 121 and 122. An amendment must in turn be ratified by a contracting state in order for it to come into force for it.

So far, two amendments to the Rome Statute have been adopted by the States parties. These are amendments to Article 8 of June 10, 2010 and amendments relating to the crime of aggression of June 11, 2010.

Changes to Article 8

The amendment to article 8 of the Rome Statute of the International Criminal Court , UNTS No. 10a) was made by resolution RC / Res. 5 adopted by the first Review Conference in Kampala, Uganda on June 10, 2010. The change came into effect on September 26, 2012.

This change extends the war crime offense. The use of poison and poisoned weapons, of gas and similar substances and devices, and of dumdum shooting will be declared criminal not only in an international but also in a non-international armed conflict.

So far, 16 contracting states have ratified the changes ( current status ). Liechtenstein (May 8, 2012) and Germany (June 3, 2013) have ratified these changes to Article 8 from the German-speaking countries.

Changes in relation to the crime of aggression

The amendments on the crime of aggression to the Rome Statute of the International Criminal Court UNTS No. 10b were approved by resolution RC / Res. 6 Adopted on June 11, 2010 by the First Review Conference in Kampala, Uganda.

High-ranking persons who initiate an act of aggression that obviously violates the prohibition of violence in the UN Charter are thus made responsible under international criminal law.

In order for the International Criminal Court to exercise its jurisdiction, this amendment needs to be ratified by 30 contracting states and, in addition, a further resolution of the agreement conference after January 1, 2017.

So far, 32 contracting states have ratified the changes ( current status ), including Liechtenstein (May 8, 2012), Germany (June 3, 2013), Austria (July 17, 2014) and Switzerland (September 10, 2015).

literature

  • German Bundestag: Draft law on the amendments of 10 and 11 June 2010 to the Rome Statute of the International Criminal Court of 17 July 1998, Bundestag printed paper 17/10975, 15 October 2012 PDF, 451 kB .
  • Stefan Barriga: The Kampala Compromise on the Crime of Aggression. A look from the negotiating perspective. in Zeitschrift für Internationale Criminalrechtsdogmatik , Heidelberg, No. 11/2010, pp. 644–648 ( PDF, 80 kB ).
  • Anja Seibert-Fohr: “The crime of aggression in the Rome Statute: Questions of treaty amendments and jurisdiction. “In Zeitschrift für Internationale Criminalrechtsdogmatik , Heidelberg, No. 8/2008, pp. 361–366 ( PDF, 79 kB ).

Individual evidence

  1. ↑ Bundestag printed paper 17/10975: German translation of the Resolution RC / Res.5, p 7 ff. Retrieved February 21, 2014 .
  2. ↑ Treaty 10 .b Amendments on the crime of aggression to the Rome Statute of the International Criminal Court. Retrieved on February 21, 2014 .
  3. ↑ Bundestag printed paper 17/10975: German translation of the Resolution RC / Res. 6, p. 11ff. Retrieved February 21, 2014 .