Amendments on the crime of aggression to the Rome Statute of the International Criminal Court

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Treaty Type:

Multilateral

Common Name:

Kampala Amendments on the crime of aggression

Responsible Department:

Foreign Affairs and Trade

Administering Department:

Treaty Summary:

The Rome Statute was adopted in 1998, and established the International Criminal Court. The Review Conference of the Rome Statute in Kampala, Uganda, in June 2010 considered proposed amendments to the Statute.

The Review Conference of the Rome Statute, adopted the amendments on the crime of aggression on 11 June 2010 by Resolution RC/Res.6. The crime of aggression amendments amends the Rome Statute so as to include a definition of the crime of aggression and the conditions under which the Court could exercise its jurisdiction over the crime. The crime of aggression amendment entered into force on 17 July 2018 by Resolution ICC-ASP/16/Res.5. 

In accordance with the Rome Statute, the crime of aggression amendment enters into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. In the case of a State Party referral or proprio motu investigation (investigation initiated by the Prosecutor’s own initiative) the Court shall not exercise its jurisdiction regarding a crime of aggression when committed by a national or on the territory of a State Party that has not ratified or accepted the amendment.

 

 

NZ Adherence Status:

In Progress

Negotiation Status:

The text of the crime of aggression amendments can be found here: https://treaties.un.org/doc/source/docs/RC-Res.6-ENG.pdf

The crime of aggression amendment will enter into force on 17 July 2018. The resolution of the Assembly of States Parties can be found here:

https://asp.icc-cpi.int/iccdocs/asp_docs/Resolutions/ASP16/ICC-ASP-16-Res5-ENG.pdf

In accordance with the Rome Statute, the crime of aggression amendment enters into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance.

As above, in the case of a State Party referral or proprio motu investigation (investigation initiated by the Prosecutor’s own initiative) the Court shall not exercise its jurisdiction regarding a crime of aggression when committed by a national or on the territory of a State Party that has not ratified or accepted the amendment.

The following steps are required in the treaty making process before New Zealand becomes bound by the amendments.

  • obtaining Cabinet approval
  • parliamentary treaty examination
  • the making of implementing legislation or regulations
  • submitting an instrument of ratification notifying completion of domestic requirements for entry into force.

Organisation:

International Criminal Court

Is Signed By NZ:

No

Signature Date:

Ratified or Signed:

No

Requires Ratification:

No

NZ Territorial Applications:

None

Information about required Legislation:

Amendments to the International Crimes and International Criminal Court Act 2000 implementing the crime of aggression amendments are required.

Impacts on Maori:

No specific potential impact on Maori interests is anticipated.

Impacts on Stakeholders:

-

Link To Legislation:

Contact Information:

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