Amendments to the Rome Statute of the International Criminal Court

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]

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] Per the language of that amendment, the Court will only have jurisdiction over the crime of aggression after two additional conditions are met: (1) the amendment has entered into force for 30 states parties and (2) on a date after 1 January 2017, the Assembly of States Parties has voted in favour of allowing the Court to exercise jurisdiction.^[5] 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]

Name	Adopted at	Adopted on	Ratified by	In force on	In force in^[A]	Ref.
Amendment article 008 !Amendment to article 8	Kampala	000000002010-06-10-000010 June 2010	32	000000002012-09-26-000026 September 2012	26	^[7]
Amendments crime of aggression !Amendments on the crime of aggression	Kampala	000000002010-06-11-000011 June 2010	32	000000002013-05-08-00008 May 2013	24	^[8]
Amendment article 124 !Amendment to article 124	The Hague	000000002015-11-26-000026 November 2015	3	—	0	^[9]

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.^[10]

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 September 2016, 32 states parties have ratified the document.^[7] However, the Rome Statute itself was amended on 26 September 2012 after the amendment came into force for the first state party to ratify it. Since 26 September 2012, the amendment has been part of the Statute and any state that becomes a party to the Statute can choose to also be a party to the amendment.

State^[7]	Ratified	Entry into force
Andorra	000000002013-09-26-000026 September 2013	000000002014-09-26-000026 September 2014
Austria	000000002014-07-17-000017 July 2014	000000002015-07-17-000017 July 2015
Belgium	000000002013-11-26-000026 November 2013	000000002014-11-26-000026 November 2014
Botswana	000000002013-06-04-00004 June 2013	000000002014-06-04-00004 June 2014
Chile	000000002016-09-23-000023 September 2016	000000002017-09-23-000023 September 2017
Costa Rica	000000002015-02-05-00005 February 2015	000000002016-02-05-00005 February 2016
Croatia	000000002013-12-20-000020 December 2013	000000002014-12-20-000020 December 2014
Cyprus	000000002013-09-25-000025 September 2013	000000002014-09-25-000025 September 2014
Czech Republic	000000002015-03-12-000012 March 2015	000000002016-03-12-000012 March 2016
El Salvador	000000002016-03-03-00003 March 2016	000000002017-03-03-00003 March 2017
Estonia	000000002013-03-27-000027 March 2013	000000002014-03-27-000027 March 2014
Finland	000000002015-12-30-000030 December 2015	000000002016-12-30-000030 December 2016
Georgia	000000002015-11-03-00003 November 2015	000000002016-11-03-00003 November 2016
Germany	000000002013-06-03-00003 June 2013	000000002014-06-03-00003 June 2014
Latvia	000000002014-09-25-000025 September 2014	000000002015-09-25-000025 September 2015
Liechtenstein	000000002012-05-08-00008 May 2012	000000002013-05-08-00008 May 2013
Lithuania	000000002015-12-07-00007 December 2015	000000002016-12-07-00007 December 2016
Luxembourg	000000002013-01-15-000015 January 2013	000000002014-01-15-000015 January 2014
Macedonia, Republic of	000000002016-03-01-00001 March 2016	000000002017-03-01-00001 March 2017
Malta	000000002015-01-30-000030 January 2015	000000002016-01-30-000030 January 2016
Mauritius	000000002013-09-05-00005 September 2013	000000002014-09-05-00005 September 2014
Netherlands	000000002016-09-23-000023 September 2016	000000002017-09-23-000023 September 2017
Norway	000000002013-06-10-000010 June 2013	000000002014-06-10-000010 June 2014
Poland	000000002014-09-25-000025 September 2014	000000002015-09-25-000025 September 2015
Samoa	000000002012-09-25-000025 September 2012	000000002013-09-25-000025 September 2013
San Marino	000000002011-09-26-000026 September 2011	000000002012-09-26-000026 September 2012
Slovakia	000000002014-04-28-000028 April 2014	000000002015-04-28-000028 April 2015
Slovenia	000000002013-09-25-000025 September 2013	000000002014-09-25-000025 September 2014
Spain	000000002014-09-25-000025 September 2014	000000002015-09-25-000025 September 2015
Switzerland	000000002015-09-10-000010 September 2015	000000002016-09-10-000010 September 2016
Trinidad and Tobago	000000002012-11-13-000013 November 2012	000000002013-11-13-000013 November 2013
Uruguay	000000002013-09-26-000026 September 2013	000000002014-09-26-000026 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.^[11]

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 will 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 is to be taken by the Assembly of States Parties with a two-thirds majority vote after 1 January 2017 to actually exercise jurisdiction.^[5]

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 September 2016, 32 states parties have ratified the amendment.^[8] Per the amendments, the jurisdiction of the International Criminal Court may begin one year after the 30th ratification of the amendment but not before the Assembly of States Parties has approved the commencement of jurisdiction after 1 January 2017.

State^[8]	Ratified	Entry into force
Andorra	000000002013-09-26-000026 September 2013	000000002014-09-26-000026 September 2014
Austria	000000002014-07-17-000017 July 2014	000000002015-07-17-000017 July 2015
Belgium	000000002013-11-26-000026 November 2013	000000002014-11-26-000026 November 2014
Botswana	000000002013-06-04-00004 June 2013	000000002014-06-04-00004 June 2014
Chile	000000002016-09-23-000023 September 2016	000000002017-09-23-000023 September 2017
Costa Rica	000000002015-02-05-00005 February 2015	000000002016-02-05-00005 February 2016
Croatia	000000002013-12-20-000020 December 2013	000000002014-12-20-000020 December 2014
Cyprus	000000002013-09-25-000025 September 2013	000000002014-09-25-000025 September 2014
Czech Republic	000000002015-03-12-000012 March 2015	000000002016-03-12-000012 March 2016
El Salvador	000000002016-03-03-00003 March 2016	000000002017-03-03-00003 March 2017
Estonia	000000002013-03-27-000027 March 2013	000000002014-03-27-000027 March 2014
Finland	000000002015-12-30-000030 December 2015	000000002016-12-30-000030 December 2016
Georgia	000000002014-12-05-00005 December 2014	000000002015-12-05-00005 December 2015
Germany	000000002013-06-03-00003 June 2013	000000002014-06-03-00003 June 2014
Iceland	000000002016-06-17-000017 June 2016	000000002017-06-17-000017 June 2017
Latvia	000000002014-09-25-000025 September 2014	000000002015-09-25-000025 September 2015
Liechtenstein	000000002012-05-08-00008 May 2012	000000002013-05-08-00008 May 2013
Lithuania	000000002015-12-07-00007 December 2015	000000002016-12-07-00007 December 2016
Luxembourg	000000002013-01-15-000015 January 2013	000000002014-01-15-000015 January 2014
Macedonia, Republic of	000000002016-03-01-00001 March 2016	000000002017-03-01-00001 March 2017
Malta	000000002015-01-30-000030 January 2015	000000002016-01-30-000030 January 2016
Netherlands	000000002016-09-23-000023 September 2016	000000002017-09-23-000023 September 2017
Palestine	000000002016-06-26-000026 June 2016	000000002017-06-26-000026 June 2017
Poland	000000002014-09-25-000025 September 2014	000000002015-09-25-000025 September 2015
Samoa	000000002012-09-25-000025 September 2012	000000002013-09-25-000025 September 2013
San Marino	000000002014-11-14-000014 November 2014	000000002015-11-14-000014 November 2015
Slovakia	000000002014-04-28-000028 April 2014	000000002015-04-28-000028 April 2015
Slovenia	000000002013-09-25-000025 September 2013	000000002014-09-25-000025 September 2014
Spain	000000002014-09-25-000025 September 2014	000000002015-09-25-000025 September 2015
Switzerland	000000002015-09-10-000010 September 2015	000000002016-09-10-000010 September 2016
Trinidad and Tobago	000000002012-11-13-000013 November 2012	000000002013-11-13-000013 November 2013
Uruguay	000000002013-09-26-000026 September 2013	000000002014-09-26-000026 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.^[12]

States parties to the amendment

As of October 2016, three state parties have ratified the amendment.^[9] Per article 121(4) of the Rome Statute, this amendment will enter into force one year after seven-eighths of states parties (currently 109 states parties) have ratified it.

State^[9]	Ratified	Entry into force
Finland	000000002016-09-23-000023 September 2016	TBD
Norway	000000002016-07-01-00001 July 2016	TBD
Slovakia	000000002016-10-28-000028 October 2016	TBD

Proposed amendments

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

African Union states parties have proposed allowing a state party that has jurisdiction over a situation before the Court to ask the United Nations Security Council to defer the matter, or alternatively, if the Security Council fails to make a decision the state party can ask the United Nations General Assembly to defer the matter.^[13]
Belgium, along with Argentina, Bolivia, Burundi, Cambodia, Cyprus, Ireland, Latvia, Luxembourg, Mauritius, Mexico, Romania, Samoa, and Slovenia have proposed two amendments making it a war crime to use weapons prohibited by the Biological Weapons Convention, Chemical Weapons Convention, Anti-Personnel Mine Ban Convention, and the various protocols to the Convention on Certain Conventional Weapons.^[14]^[15]
Kenya proposed several amendments, including making sitting heads of state immune from prosecution, subjecting ICC authorities to prosecution for crimes against the administration of justice, and granting the Independent Oversight Mechanism more authority.^[16]
Mexico has proposed making the use or threat of use of nuclear weapons a war crime.^[13]
The Netherlands has proposed adding terrorism as a prosecutable crime.^[13]
Norway has proposed establishing a mechanism for allowing international or regional organizations to play a role in the enforcement of sentences.^[14]
Trinidad and Tobago and Belize have proposed adding international drug trafficking as a prosecutable crime.^[13]

Notes

^A An amendment to articles 5, 6, 7, or 8 of the Statute only enters into force for states parties that have ratified the amendment.

References

↑ Articles 121(3), (4), and (6) of the Rome Statute of the International Criminal Court.
↑ Article 121(5) of the Rome Statute of the International Criminal Court.
↑ Article 122(2) of the Rome Statute of the International Criminal Court.
1 2 3 "Resolution RC/Res.5: Amendments to article 8 of the Rome Statute" (PDF). International Criminal Court. 2010-06-10. Retrieved 2011-03-13.
1 2 3 4 5 6 "Resolution RC/Res.6: The crime of aggression" (PDF). International Criminal Court. 2010-06-10. Retrieved 2011-03-13.
1 2 3 "Resolution ICC-ASP/14/Res.2: Amendment to article 124 of the Rome Statute" (PDF). International Criminal Court. 2015-11-26. Retrieved 2015-12-08.
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. 2015-12-08. Retrieved 2015-12-08.
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. 2015-12-08. Retrieved 2015-12-08.
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. 2016-01-22. Retrieved 2016-01-22.
↑ "Annex VIII: Elements of crimes corresponding to the proposed amendment contained in annex III to resolution ICC-ASP/8/Res.6" (PDF). International Criminal Court. Retrieved 2011-03-13.
↑ "ICC-ASP/8/20: Annex II – Liechtenstein: Proposals for a provision on aggression" (PDF). International Criminal Court. Retrieved 2011-03-13.
↑ Article 124 of the Rome Statute of the International Criminal Court.
1 2 3 4 "ICC-ASP-NL-03/10-En: ASP Special Edition Newsletter #3" (PDF). International Criminal Court. 2010-01-19. Retrieved 2011-03-16.
1 2 "ICC-ASP-NL-02.b/09-En: ASP Special Edition Newsletter #2" (PDF). International Criminal Court. 2000-12-17. Retrieved 2011-03-16.
↑ "ICC-ASP/10/32: Report on the Working Group on Amendments" (PDF). International Criminal Court. 2011-12-09. Retrieved 2011-12-15.
↑ Masau, Nzau and Gideon Keter (2013-11-18). "9 AU countries threaten bid to amend ICC regulations". The Star. Nairobi. Retrieved 2013-11-29.

International Criminal Court (ICC)

Legal texts

International

UN resolutions

General Assembly	3314

Security Council	1422 1487 1593 1970

National

American Service-Members' Protection Act (United States)
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International Criminal Court Act 2001 (United Kingdom)
Twenty-third Amendment of the Constitution (Ireland)
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