Amendments to the Rome Statute of the International Criminal Court

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Amendments to the Rome Statute of the International Criminal Court must be proposed, adopted, and ratified in accordance with articles 121 and 122 of the Statute. Any state party to the Statute can propose an amendment. The proposed amendment can be adopted by a two-thirds majority vote in either a meeting of the Assembly of States Parties or a review conference called by the Assembly. An amendment comes into force for all states parties one year after it is ratified by seven-eighths of the states parties. [1] However, any amendment to articles 5, 6, 7, or 8 of the Statute only enters into force for states parties that have ratified the amendment. A state party which ratifies an amendment to articles 5, 6, 7, or 8 is subject to that amendment one year after ratifying it, regardless of how many other states parties have also ratified it. [2] For an article 5, 6, 7, or 8 amendment, the Statute itself is amended after the amendment comes into force for the first state party to ratify it. Amendments of a purely institutional nature enter into force six months after they are approved by a two-thirds majority vote in either a meeting of the Assembly of States Parties or a review conference. [3]

Contents

Summary of adopted amendments to the Rome Statute

In June 2010, two amendments to the Rome Statute of the International Criminal Court were adopted by the Review Conference in Kampala, Uganda. The first amendment criminalizes the use of certain kinds of weapons in non-international conflicts whose use was already forbidden in international conflicts. [4] The second amendment defines the crime of aggression. [5] It entered into force in May 2013, but its activation was tied to two conditions, which were met in July 2018. In November 2015, an additional amendment to remove article 124 from the Statute was adopted during the 14th meeting of the Assembly of States Parties in The Hague in the Netherlands. [6] In December 2017, three amendments to article 8 were adopted at the 12th meeting of the Assembly of States Parties in New York City. In December 2019, one additional amendment to article 8 was adopted by the Assembly of States Parties in The Hague.

NameAdopted atAdopted onRatified byIn force onIn force for [upper-alpha 1] Ref.
Amendment to article 8Kampala10 June 20104526 September 201245 [7]
Amendments on the crime of aggressionKampala10 June 2010458 May 201344 [8]
Amendment to article 124The Hague26 November 2015200 [9]
Amendment to article 8 (Weapons which use microbial or other biological agents, or toxins)New York14 December 2017172 April 202014 [10]
Amendment to article 8 (Weapons the primary effect of which is to injure by fragments undetectable by x-rays in the human body)New York14 December 2017152 April 202012 [11]
Amendment to article 8 (Blinding laser weapons)New York14 December 2017152 April 202012 [12]
Amendment to article 8 (Intentionally using starvation of civilians)The Hague6 December 20191314 October 202111 [13]

Amendment to article 8 (2010)

Summary

An amendment to article 8 was adopted on 10 June 2010 at the Review Conference of the Rome Statute in Kampala, Uganda. [4] The amendment had originally been proposed by Belgium and it was forwarded to the Review Conference by the eighth session of the Assembly of States Parties. [14]

The amendment adds to article 8(2)(e) three clauses which make it a war crime to employ poison, "asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices," or expanding bullets in an armed conflict not of an international character. [4] The Rome Statute already makes the use of such means of warfare a war crime in international armed conflicts.

States parties to the amendment

Because the amendment is to article 8, it will come into force only for those states parties which have ratified it, one year after doing so. As of January 2023, 45 states parties have ratified the document. [7] The Rome Statute itself was amended on 26 September 2012 after the amendment came into force for the first state party to ratify it.

State [7] RatifiedEntry into force
Flag of Andorra.svg  Andorra 26 September 201326 September 2014
Flag of Argentina.svg  Argentina 28 April 201728 April 2018
Flag of Austria.svg  Austria 17 July 201417 July 2015
Flag of Belgium (civil).svg  Belgium 26 November 201326 November 2014
Flag of Botswana.svg  Botswana 4 June 20134 June 2014
Flag of Chile.svg  Chile 23 September 201623 September 2017
Flag of Costa Rica.svg  Costa Rica 5 February 20155 February 2016
Flag of Croatia.svg  Croatia 20 December 201320 December 2014
Flag of Cyprus.svg  Cyprus 25 September 201325 September 2014
Flag of the Czech Republic.svg  Czech Republic 12 March 201512 March 2016
Flag of El Salvador.svg  El Salvador 3 March 20163 March 2017
Flag of Estonia.svg  Estonia 27 March 201327 March 2014
Flag of Finland.svg  Finland 30 December 201530 December 2016
Flag of Georgia.svg  Georgia 3 November 20153 November 2016
Flag of Germany.svg  Germany 3 June 20133 June 2014
Flag of Guyana.svg  Guyana 28 September 201828 September 2019
Flag of Italy.svg  Italy 26 January 202226 January 2023
Flag of Latvia.svg  Latvia 25 September 201425 September 2015
Flag of Liechtenstein.svg  Liechtenstein 8 May 20128 May 2013
Flag of Lithuania.svg  Lithuania 7 December 20157 December 2016
Flag of Luxembourg.svg  Luxembourg 15 January 201315 January 2014
Flag of Malta.svg  Malta 30 January 201530 January 2016
Flag of Mauritius.svg  Mauritius 5 September 20135 September 2014
Flag of Mexico.svg  Mexico 20 January 202320 January 2024
Flag of Mongolia.svg  Mongolia 18 January 202118 January 2022
Flag of the Netherlands.svg  Netherlands [upper-alpha 2] 23 September 201623 September 2017
Flag of New Zealand.svg  New Zealand 14 October 202014 October 2021
Flag of North Macedonia.svg  North Macedonia 1 March 20161 March 2017
Flag of Norway.svg  Norway 10 June 201310 June 2014
Flag of Panama.svg  Panama 6 December 20176 December 2018
Flag of Palestine.svg  Palestine 29 December 201729 December 2018
Flag of Paraguay.svg  Paraguay 5 April 20195 April 2020
Flag of Peru.svg  Peru 14 October 202214 October 2023
Flag of Poland.svg  Poland 25 September 201425 September 2015
Flag of Portugal.svg  Portugal 11 April 201711 April 2018
Flag of Romania.svg  Romania 14 February 202214 February 2023
Flag of Samoa.svg  Samoa 25 September 201225 September 2013
Flag of San Marino.svg  San Marino 26 September 201126 September 2012
Flag of Slovakia.svg  Slovakia 28 April 201428 April 2015
Flag of Slovenia.svg  Slovenia 25 September 201325 September 2014
Flag of Spain.svg  Spain 25 September 201425 September 2015
Flag of Sweden.svg  Sweden 26 January 202226 January 2023
Flag of Switzerland (Pantone).svg   Switzerland 10 September 201510 September 2016
Flag of Trinidad and Tobago.svg  Trinidad and Tobago 13 November 201213 November 2013
Flag of Uruguay.svg  Uruguay 26 September 201326 September 2014

Amendments on the crime of aggression (2010)

Summary

Amendments on the crime of aggression were adopted on 11 June 2010 at the Review Conference of the Rome Statute in Kampala, Uganda. [5] The amendments were proposed by Liechtenstein, which chaired the Special Working Group on the Crime of Aggression, the committee directed by the Assembly of States Parties to form a definition for the crime of aggression, which was originally absent from the Statute. [15]

The amendments define the crime of aggression in accordance with United Nations General Assembly Resolution 3314. Acts of aggression are: invading another state; bombing another state; blockading the ports or coastlines of another state; attacking the land, sea, or air forces, or marine or sea fleets of another state; violating a status of forces agreement; using armed bands, groups, irregulars or mercenaries against another state; allowing territory to be used by another state to perpetrate an act of aggression against a third state. [5]

While the amendments come into force one year after being ratified, the amended text says that only crimes of aggression committed one year or more after the thirtieth ratification are within the jurisdiction of the Court. Furthermore, a decision had to be taken by the Assembly of States Parties with a two-thirds majority vote after 1 January 2017 to actually activate jurisdiction. [5] On 26 June 2016, the State of Palestine became the 30th state party to ratify the amendment, [16] thus ensuring that the first condition would be fulfilled. On 14 December 2017, the Assembly of States Parties adopted a resolution fulfilling the second condition, activating the Court's jurisdiction over the crime of aggression as of 17 July 2018. [17]

While upon a United Nations Security Council referral the Prosecutor can open an investigation against the national of any state, this is not the case with state referral and proprio motu investigations by the Prosecutor. A state party can opt out of these amendments, and nationals of non-states parties are not subject to the Court's jurisdiction. Additionally, the Prosecutor must wait for a determination of the Security Council regarding an act of aggression. If the Security Council determines an act of aggression has taken place, the Prosecutor may proceed. If the Security Council does not act within six months, the Prosecutor can proceed provided that a Pre-Trial Chamber approves that move. The Security Council keeps its right to defer investigations for a period of one year. [5]

States parties to the amendment

As of April 2023, 45 states parties have ratified the amendment. [8] The Rome Statute itself was amended on 8 May 2013 after the amendment came into force for the first state party to ratify it. The Court gained jurisdiction over the crime of aggression on 17 July 2018.

State [8] RatifiedEntry into force
Flag of Andorra.svg  Andorra 26 September 201326 September 2014
Flag of Argentina.svg  Argentina 28 April 201728 April 2018
Flag of Austria.svg  Austria 17 July 201417 July 2015
Flag of Belgium (civil).svg  Belgium 26 November 201326 November 2014
Bandera de Bolivia (Estado).svg  Bolivia 10 December 202010 December 2021
Flag of Botswana.svg  Botswana 4 June 20134 June 2014
Flag of Chile.svg  Chile 23 September 201623 September 2017
Flag of Costa Rica.svg  Costa Rica 5 February 20155 February 2016
Flag of Croatia.svg  Croatia 20 December 201320 December 2014
Flag of Cyprus.svg  Cyprus 25 September 201325 September 2014
Flag of the Czech Republic.svg  Czech Republic 12 March 201512 March 2016
Flag of Ecuador.svg  Ecuador 25 September 201925 September 2020
Flag of El Salvador.svg  El Salvador 3 March 20163 March 2017
Flag of Estonia.svg  Estonia 27 March 201327 March 2014
Flag of Finland.svg  Finland 30 December 201530 December 2016
Flag of Georgia.svg  Georgia 5 December 20145 December 2015
Flag of Germany.svg  Germany 3 June 20133 June 2014
Flag of Guyana.svg  Guyana 28 September 201828 September 2019
Flag of Iceland.svg  Iceland 17 June 201617 June 2017
Flag of Italy.svg  Italy 26 January 202226 January 2023
Flag of Ireland.svg  Ireland 27 September 201827 September 2019
Flag of Latvia.svg  Latvia 25 September 201425 September 2015
Flag of Liechtenstein.svg  Liechtenstein 8 May 20128 May 2013
Flag of Lithuania.svg  Lithuania 7 December 20157 December 2016
Flag of Luxembourg.svg  Luxembourg 15 January 201315 January 2014
Flag of Malta.svg  Malta 30 January 201530 January 2016
Flag of Mongolia.svg  Mongolia 18 January 202118 January 2022
Flag of the Netherlands.svg  Netherlands [upper-alpha 3] 23 September 201623 September 2017
Flag of Niger.svg  Niger 14 April 202314 April 2024
Flag of North Macedonia.svg  North Macedonia 1 March 20161 March 2017
Flag of Palestine.svg  Palestine 26 June 201626 June 2017
Flag of Paraguay.svg  Paraguay 5 April 20195 April 2020
Flag of Panama.svg  Panama 6 December 20176 December 2018
Flag of Peru.svg  Peru 14 October 202214 October 2023
Flag of Poland.svg  Poland 25 September 201425 September 2015
Flag of Portugal.svg  Portugal 11 April 201711 April 2018
Flag of Samoa.svg  Samoa 25 September 201225 September 2013
Flag of San Marino.svg  San Marino 14 November 201414 November 2015
Flag of Slovakia.svg  Slovakia 28 April 201428 April 2015
Flag of Slovenia.svg  Slovenia 25 September 201325 September 2014
Flag of Spain.svg  Spain 25 September 201425 September 2015
Flag of Sweden.svg  Sweden 26 January 202226 January 2023
Flag of Switzerland (Pantone).svg   Switzerland 10 September 201510 September 2016
Flag of Trinidad and Tobago.svg  Trinidad and Tobago 13 November 201213 November 2013
Flag of Uruguay.svg  Uruguay 26 September 201326 September 2014

Amendment to article 124 (2015)

On 26 November 2015 during their 14th meeting, the Assembly of States Parties adopted the amendment to article 124 in The Hague in the Netherlands. [6] The amendment deletes article 124 from the Rome Statute. [6] Article 124 is a transitional provision, which allows a state, upon becoming party to the Statute, to declare that it does not accept the jurisdiction of the Court over war crimes committed in its territory or by its nationals for a period of seven years. [18]

States parties to the amendment

As of September 2023, 20 state parties have ratified the amendment. [9] Per article 121(4) of the Rome Statute, this amendment will enter into force for all state parties to the Rome Statute one year after seven-eighths of states parties (currently 109 states parties) have ratified it.

State [9] RatifiedEntry into force
Flag of Andorra.svg  Andorra 3 November 2020TBD
Flag of Austria.svg  Austria 22 September 2017TBD
Flag of Belgium (civil).svg  Belgium 16 May 2019TBD
Flag of Croatia.svg  Croatia 27 April 2018TBD
Flag of France.svg  France 19 March 2018TBD
Flag of Finland.svg  Finland 23 September 2016TBD
Flag of Germany.svg  Germany 21 September 2023TBD
Flag of Italy.svg  Italy 13 April 2018TBD
Flag of Latvia.svg  Latvia 24 April 2020TBD
Flag of Liechtenstein.svg  Liechtenstein 21 January 2022TBD
Flag of the Netherlands.svg  Netherlands [upper-alpha 4] 20 March 2017TBD
Flag of Norway.svg  Norway 1 July 2016TBD
Flag of Portugal.svg  Portugal 11 April 2017TBD
Flag of Romania.svg  Romania 14 June 2018TBD
Flag of Slovakia.svg  Slovakia 28 October 2016TBD
Flag of Slovenia.svg  Slovenia 2 April 2019TBD
Flag of Spain.svg  Spain 21 March 2022TBD
Flag of Sweden.svg  Sweden 26 January 2022TBD
Flag of Switzerland (Pantone).svg   Switzerland 14 December 2018TBD
Flag of Uruguay.svg  Uruguay 21 March 2023TBD

Amendment to article 8 (biological weapons) (2017)

On 14 December 2017, during their 16th meeting the Assembly of States Parties adopted the amendment to article 8. [10] The amendment inserted an article defining the use of weapons which use microbial or other biological agents, or toxins as a war crime. [10]

States parties to the amendment

Because the amendment is to article 8, it will come into force only for those states parties which have ratified it, one year after doing so. As of September 2023, 17 state parties have ratified the amendment. [10] The Rome Statute itself was amended on 2 April 2020 after the amendment came into force for the first state party to ratify it.

State [10] RatifiedEntry into force
Flag of Chile.svg  Chile 21 September 202321 September 2024
Flag of Croatia.svg  Croatia 17 May 202117 May 2022
Flag of the Czech Republic.svg  Czech Republic 10 July 202010 July 2021
Flag of Germany.svg  Germany 21 September 202321 September 2024
Flag of Latvia.svg  Latvia 24 April 202024 April 2021
Flag of Liechtenstein.svg  Liechtenstein 21 January 202224 January 2023
Flag of Luxembourg.svg  Luxembourg 2 April 20192 April 2020
Flag of Mexico.svg  Mexico 20 January 202320 January 2024
Flag of the Netherlands.svg  Netherlands [upper-alpha 5] 21 April 202021 April 2021
Flag of New Zealand.svg  New Zealand 14 October 202014 October 2021
Flag of Norway.svg  Norway 22 March 202122 March 2022
Flag of Romania.svg  Romania 14 February 202214 February 2023
Flag of Slovakia.svg  Slovakia 19 June 201919 June 2020
Flag of Slovenia.svg  Slovenia 1 December 20221 December 2023
Flag of Sweden.svg  Sweden 26 January 202226 January 2023
Flag of Switzerland (Pantone).svg   Switzerland 7 July 20207 July 2021
Flag of Uruguay.svg  Uruguay 21 March 202321 March 2024

Amendment to article 8 (non-detectable fragments) (2017)

On 14 December 2017, during their 16th meeting the Assembly of States Parties adopted the amendment to article 8. [11] The amendment inserted an article defining the use of weapons the primary effect of which is to injure by fragments undetectable by x-rays in the human body as a war crime. [11]

States parties to the amendment

Because the amendment is to article 8, it will come into force only for those states parties which have ratified it, one year after doing so. As of September 2023, 15 state parties have ratified the amendment. [11] The Rome Statute itself was amended on 2 April 2020 after the amendment came into force for the first state party to ratify it.

State [11] RatifiedEntry into force
Flag of Chile.svg  Chile 21 September 202321 September 2024
Flag of Croatia.svg  Croatia 17 May 202117 May 2022
Flag of the Czech Republic.svg  Czech Republic 10 July 202010 July 2021
Flag of Germany.svg  Germany 21 September 202321 September 2024
Flag of Latvia.svg  Latvia 24 April 202024 April 2021
Flag of Luxembourg.svg  Luxembourg 2 April 20192 April 2020
Flag of Mexico.svg  Mexico 20 January 202320 January 2024
Flag of the Netherlands.svg  Netherlands [upper-alpha 6] 21 April 202021 April 2021
Flag of New Zealand.svg  New Zealand 14 October 202014 October 2021
Flag of Norway.svg  Norway 22 March 202122 March 2022
Flag of Romania.svg  Romania 14 February 202214 February 2023
Flag of Slovakia.svg  Slovakia 19 June 201919 June 2020
Flag of Slovenia.svg  Slovenia 1 December 20221 December 2023
Flag of Switzerland (Pantone).svg   Switzerland 7 July 20207 July 2021
Flag of Uruguay.svg  Uruguay 21 March 202321 March 2024

Amendment to article 8 (blinding laser weapons) (2017)

On 14 December 2017, during their 16th meeting the Assembly of States Parties adopted the amendment to article 8. [12] The amendment inserted an article defining the use of blinding laser weapons as a war crime. [12]

States parties to the amendment

Because the amendment is to article 8, it will come into force only for those states parties which have ratified it, one year after doing so. As of September 2023, 15 state parties have ratified the amendment. [12] The Rome Statute itself was amended on 2 April 2020 after the amendment came into force for the first state party to ratify it.

State [12] RatifiedEntry into force
Flag of Chile.svg  Chile 21 September 202321 September 2024
Flag of Croatia.svg  Croatia 17 May 202117 May 2022
Flag of the Czech Republic.svg  Czech Republic 10 July 202010 July 2021
Flag of Germany.svg  Germany 21 September 202321 September 2024
Flag of Latvia.svg  Latvia 24 April 202024 April 2021
Flag of Luxembourg.svg  Luxembourg 2 April 20192 April 2020
Flag of Mexico.svg  Mexico 20 January 202320 January 2024
Flag of the Netherlands.svg  Netherlands [upper-alpha 7] 21 April 202021 April 2021
Flag of New Zealand.svg  New Zealand 14 October 202014 October 2021
Flag of Norway.svg  Norway 22 March 202122 March 2022
Flag of Romania.svg  Romania 14 February 202214 February 2023
Flag of Slovakia.svg  Slovakia 19 June 201919 June 2020
Flag of Slovenia.svg  Slovenia 1 December 20221 December 2023
Flag of Switzerland (Pantone).svg   Switzerland 7 July 20207 July 2021
Flag of Uruguay.svg  Uruguay 21 March 202321 March 2024

Amendment to article 8 (starvation of civilians) (2019)

On 6 December 2019, at its ninth plenary meeting, the Assembly of States Parties adopted the amendment to article 8 defining the war crime of the intentional use of starvation of civilians as a method of warfare in armed conflicts not of an international character. [13] The Rome Statute already makes the use of such means of warfare a war crime in international armed conflicts.

States parties to the amendment

Because the amendment is to article 8, it will come into force only for those states parties which have ratified it, one year after doing so. As of September 2023, 13 state parties have ratified the amendment. [13] The Rome Statute itself was amended on 14 October 2021 after the amendment comes into force for the first state party to ratify it.

State [13] RatifiedEntry into force
Flag of Andorra.svg  Andorra 3 November 20203 November 2021
Flag of Croatia.svg  Croatia 17 May 202117 May 2022
Flag of Germany.svg  Germany 21 September 202321 September 2024
Flag of Liechtenstein.svg  Liechtenstein 21 January 202221 January 2023
Flag of Luxembourg.svg  Luxembourg 4 August 20224 August 2023
Flag of the Netherlands.svg  Netherlands [upper-alpha 8] 4 December 20204 December 2021
Flag of New Zealand.svg  New Zealand 14 October 202014 October 2021
Flag of Norway.svg  Norway 22 March 202122 March 2022
Flag of Portugal.svg  Portugal 26 May 202126 May 2022
Flag of Romania.svg  Romania 14 February 202214 February 2023
Flag of Slovenia.svg  Slovenia 1 December 20221 December 2023
Flag of Switzerland (Pantone).svg   Switzerland 21 September 202221 September 2023
Flag of Uruguay.svg  Uruguay 21 March 202321 March 2024

Proposed amendments

A number of amendments have been proposed by states parties, but have either not been considered or adopted by the Assembly:

Notes

  1. An amendment to articles 5, 6, 7, or 8 of the Statute only enters into force for states parties that have ratified the amendment.
  2. The amendment to article 8 (2010) entered into force for Aruba on 21 December 2017; it has not been extended to Curaçao or Sint Maarten.
  3. The amendments on the crime of aggression (2010) entered into force for Aruba on 21 December 2017; it has not been extended to Curaçao or Sint Maarten.
  4. The Netherlands' acceptance of the amendment to article 124 (2015) has not been extended to Aruba or Sint Maarten.
  5. The Netherlands' acceptance of the amendment to article 8 (biological weapons) (2017) has not been extended to Aruba, Curaçao, or Sint Maarten.
  6. The Netherlands' acceptance of the amendment to article 8 (non-detectable fragments) (2017) has not been extended to Aruba, Curaçao, or Sint Maarten.
  7. The Netherlands' acceptance of the amendment to article 8 (blinding laser weapons) (2017) has not been extended to Aruba, Curaçao, or Sint Maarten.
  8. The Netherlands' acceptance of the amendment to article 8 (starvation of civilians) (2019) has not been extended to Aruba, Curaçao, or Sint Maarten.

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References

  1. Articles 121(3), (4), and (6) of the Rome Statute of the International Criminal Court.
  2. Article 121(5) of the Rome Statute of the International Criminal Court.
  3. Article 122(2) of the Rome Statute of the International Criminal Court.
  4. 1 2 3 "Resolution RC/Res.5: Amendments to article 8 of the Rome Statute" (PDF). International Criminal Court. 10 June 2010. Archived from the original (PDF) on 20 March 2012. Retrieved 13 March 2011.
  5. 1 2 3 4 5 "Resolution RC/Res.6: The crime of aggression" (PDF). International Criminal Court. 10 June 2010. Archived from the original (PDF) on 16 June 2011. Retrieved 13 March 2011.
  6. 1 2 3 "Resolution ICC-ASP/14/Res.2: Amendment to article 124 of the Rome Statute" (PDF). International Criminal Court. 26 November 2015. Archived from the original (PDF) on 8 December 2015. Retrieved 8 December 2015.
  7. 1 2 3 "Chapter XVIII, Penal Matters 10.a: Amendment to article 8 of the Rome Statute of the International Criminal Court". United Nations Treaty Collections. 3 October 2023. Retrieved 3 October 2023.
  8. 1 2 3 "Chapter XVIII, Penal Matters 10.b: Amendments on the crime of aggression to the Rome Statute of the International Criminal Court". United Nations Treaty Collection. 3 October 2023. Retrieved 3 October 2023.
  9. 1 2 3 "Chapter XVIII, Penal Matters 10.c: Amendment to article 124 of the Rome Statute of the International Criminal Court". United Nations Treaty Collection. 3 October 2023. Retrieved 3 October 2023.
  10. 1 2 3 4 5 "CHAPTER XVIII, PENAL MATTERS 10. d Amendment to article 8 of the Rome Statute of the International Criminal Court (Weapons which use microbial or other biological agents, or toxins)". United Nations Treaty Collection. 3 October 2023. Retrieved 3 October 2023.
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