EQUIPO NIZKOR |
|
29Oct09
Proposals for a provision on aggression elaborated by the Special Working Group on the Crime of Aggression
(XVIII.10)
Reference: C.N.727.2009.TREATIES-7 (Depositary Notification)
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ROME, 17 JULY 1998
LIECHTENSTEIN: PROPOSAL OF AMENDMENT
The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:
On 30 September 2009, the Secretary-General received a note verbale from the Government of Liechtenstein transmitting, in accordance with article 121, paragraph 1, of the Rome Statute of the International Criminal Court, the text of a proposed amendment thereto.
The Secretary-General wishes to refer to article 121, paragraph 1, of the Rome Statute of the International Criminal Court, which provides that:
"1. After the expiry of seven years from the entry into force of this Statute, any State Party may propose amendments thereto. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations, who shall promptly circulate it to all States Parties."
A copy of the text of the proposal, together with the accompanying note verbale, in the Arabic, Chinese, French, English, Russian and Spanish languages, is attached as an annex.
29 October 2009
ANNEX
[Original: English]
The Permanent Representative of the Principality of Liechtenstein to the United Nations presents his compliments to the Secretary-General of the United Nations and has the honor, in his capacity as former Chairman of the Special Working Group on the Crime of Aggression, to refer to Article 121, paragraph 1 of the Rome Statute of the International Criminal Court. In accordance with that provision, the proposed amendment on aggression elaborated by the Special Working Group is herewith submitted for circulation to all States.
The Permanent Representative of the Principality of Liechtenstein to the United Nations avails itself of this opportunity to renew to the Secretary-General of the United Nations the assurances of his highest consideration.
New York, 30 September 2009
[Original: English]
Proposals for a provision on aggression elaborated by the Special Working Group on the Crime of Aggression
Draft resolution
(to be adopted by the Review Conference)The Review Conference,
(insert preambular paragraphs)
1.Decides to adopt the amendments to the Rome Statute of the International Criminal Court (hereinafter: "the Statute") contained in the annex to the present resolution, which are subject to ratification or acceptance and shall enter into force in accordance with article 121, paragraph [4 / 5] of the Statute;
(add further operative paragraphs as needed)
Appendix
Draft amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression
1.Article 5, paragraph 2, of the Statute is deleted.
2. The following text is inserted after article 8 of the Statute:
Article 8 bis
Crime of aggression1. For the purpose of this Statute, "crime of aggression" means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.
2. For the purpose of paragraph 1, "act of aggression" means the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression:
(a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof;
(b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;
(c) The blockade of the ports or coasts of a State by the armed forces of another State;
(d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;
(e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;
(f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;
(g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein.
3.The following text is inserted after article 15 of the Statute:
Article 15 bis
Exercise of jurisdiction over the crime of aggression1. The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, subject to the provisions of this article.
2. Where the Prosecutor concludes that there is a reasonable basis to proceed with an investigation in respect of a crime of aggression, he or she shall first ascertain whether the Security Council has made a determination of an act of aggression committed by the State concerned. The Prosecutor shall notify the Secretary-General of the United Nations of the situation before the Court, including any relevant information and documents.
3. Where the Security Council has made such a determination, the Prosecutor may proceed with the investigation in respect of a crime of aggression.
4. (Alternative 1) In the absence of such a determination, the Prosecutor may not proceed with the investigation in respect of a crime of aggression,
Option 1 - end the paragraph here.
Option 2 - add: unless the Security Council has, in a resolution adopted under Chapter VII of the Charter of the United Nations, requested the Prosecutor to proceed with the investigation in respect of a crime of aggression.
4. (Alternative 2) Where no such determination is made within [6] months after the date of notification, the Prosecutor may proceed with the investigation in respect of a crime of aggression,
Option 1 - end the paragraph here.
Option 2 - add: provided that the Pre-Trial Chamber has authorized the commencement of the investigation in respect of a crime of aggression in accordance with the procedure contained in article 15;
Option 3 - add: provided that the General Assembly has determined that an act of aggression has been committed by the State referred to in article 8 bis;
Option 4 - add: provided that the International Court of Justice has determined that an act of aggression has been committed by the State referred to in article 8 bis.
5. A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court's own findings under this Statute.
6. This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other crimes referred to in article 5.
4. The following text is inserted after article 25, paragraph 3 of the Statute:
3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.
5. The first sentence of article 9, paragraph 1 of the Statute is replaced by the following sentence:
1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7, 8 and 8 bis.
6. The chapeau of article 20, paragraph 3 of the Statute is replaced by the following paragraph; the rest of the paragraph remains unchanged:
3. No person who has been tried by another court for conduct also proscribed under article 6,
7, 8 or 8 bis shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
 | This document has been published on 09Dec10 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. |