Special presentation deliverd at the ICC 10th Anniversary Commemorative Panel at WFM XXVI Congress in Winnipeg, Canada

1. Crime of Aggression
Status of Ratification and
Implementation of the Kampala
Amendments to the Rome Statute
July 11, 2012
Takahiro Katsumi
World Federalist Movement of Japan
Japanese Network for the ICC
26th WFM Congress, Winnipeg

2. FACTS
The Kampala Amendments: What is it?
 A set of amendments to the Rome Statute
adopted by consensus in June 11, 2010 at
Kampala, Uganda at the first Review Conference
of the Rome Statute for the International
Criminal Court
 It included amendments in:
n Definition and conditions for the exercise of
jurisdiction over the crime of aggression
n Prohibition of certain weapons* as war crimes
* Poisonous gases, liquids, and special bullets

3. FACTS
The Kampala Amendments: Definitions
 Article 8 bis:
 1. … 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.

4. FACTS
The Kampala Amendments: Definitions
 Article 8 bis:
 1. … 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.

5. FACTS
The Kampala Amendments: Conditions
 Under the Statute, the Court may exercise its
jurisdiction over the "crime of aggression" in one
or all of the following ways:
 State referral, proprio motu (Art .15bis)
 Security Council referral (Art. 15ter)

6. FACTS
The Kampala Amendments: Activation
 Article 15 bis:
 2. The Court may exercise jurisdiction only with
respect to crimes of aggression committed one
year after the ratification or acceptance of the
amendments by thirty States Parties.

7. FACTS
The Kampala Amendments: Activation
 Article 15 bis:
 3. The Court shall exercise jurisdiction over the
crime of aggression in accordance with this
article, subject to a decision to be taken after 1
January 2017 by the same majority of States
Parties as is required for the adoption of an
amendment to the Statute.

8. FACTS
The Kampala Amendments: 2010-2017
 06/11/2010: adopted by consensus (111 states)
 05/08/2012: Liechtenstein ratifies amendments
 06/25/2012: Workshop on CAG held
 12/31/2015: deposit of 30 ratifications are
needed for the activation of the jurisdiction by
next year in 2016 (Art. 15bis 3)
 01/01/2017: Court may exercise jurisdiction over
CAG beyond this date pending decisions to be
taken by the ASP

9. FACTS
Sideline:
 05/14/2012: Takahiro creates the
Wikipedia entry on “Crime of Aggression”
and gets Liechtenstein’s attention
 http://en.wikipedia.org/wiki/Crime_of_aggress

10. ISSUES
Exemption of nationals from non parties I
 “the jurisdictional regime of the ICC
on aggression would appear to
be seriously weakened by a full
exemption for Nationals from Non
Parties to the Rome Statute and
through a "delayed entry into force"
of the amendment” – PGA (+Japan)

11. ISSUES
Exemption of nationals from non parties II
 “government of a State Party
surrounded by non State Parties will
have a difficulty in selling to its
parliament an amendment which
unjustifiably solidifies blanket and
automatic impunity of nationals of
non State Parties” - Japan

12. ISSUES
Legal integrity of the amendments
 “this delegation continues to have
serious doubt as to the legal integrity
of the amendment procedure this
draft resolution is based upon. … the
upshot of adopting such a resolution
… is the undermining of the
credibility of the Rome Statute and
the whole system it represents” -
Japan

13. Promoting Ratification and
Implementation
Two meetings held in June 2012:
2. June 25, 2012
 Workshop on the Ratification and
Implementation of the Rome Statute
Amendments on the Crime of Aggression
3. June 26, 2012
 Strategic Meeting on the Ratification and
Implementation of the Rome Statute
Amendments on the Crime of Aggression

14. Workshop on Crime of Aggression
(New York, June 25, 2012)
Host:
2. Permanent Mission of the Principality of
Liechtenstein (Chair of Special Working Group
on Crime of Aggression)
3. Global Institute for the Prevention of Aggression
Purpose:
 “to assist States in the process of ratification
and/or implementation of the Kampala
amendments on the crime of aggression.”

15. Workshop on Crime of Aggression
(New York, June 25, 2012)
Participants:
 H.E. Amb. C.Wenaweser, Liechtenstein
 Dep. Amb. Stefan Barriga, Liechtenstein
 H.R.H. Prince Zeid, Jordan
 H.E. Judge Hans-Peter Kaul, ICC
 Rep. Kennedy Graham, New Zealand
 Prof. Roger S. Clark, Rutgers University
 States: Australia, Argentina, Botswana,
Dominican Republic, Germany, the Netherlands,

16. Workshop on Crime of Aggression
(New York, June 25, 2012)
Progress Reports:
 Ratification:
 5 states to ratify by the end of 2012: Germany,
Luxembourg, Switzerland, Trinidad and Tobago
 18 states “actively working”: Argentina,
Australia, Belgium, Botswana, Chile, Croatia,
Dominican Republic, Estonia, Germany,
Luxembourg, the Netherlands, Peru, Samoa,
Slovenia, Switzerland, Trinidad and Tobago,
Uruguay
 4 states in “early stages”: Czech Republic,
Finland, Japan, Venezuela

17. Workshop on Crime of Aggression
(New York, June 25, 2012)
Progress Reports:
 Ratification (cont’d)
 1 state accepted recommendation to ratify
 12 states (incl. Ecuador) of UNASUR called
upon states to ratify: Argentina, Bolivia, Brazil,
Chile, Columbia, Ecuador, Guyana, Paraguay,
Peru, Surinam, Uruguay, Venezuela
 Implementation (definition)
 3 states revised criminal codes: Luxembourg,
Slovenia, Croatia
 3 states drafting criminal codes: Czech
Republic, Dominican Republic, Venezuela

18. Strategic Meeting on CAG
(New York, June 26, 2012)
CAMPAIGN PROJECT:
 Goals:
 30 ratification and activation of jurisdiction
 Raise awareness in general terms
 Make illegal use of force a criminal act
 Campaign Team (3): Donald, Stefan, Joern
 Participants: Professors, MPs, State
Representatives (Argentina, Australia,
Germany, the Netherlands, Slovenia),
NGOs, Activists

19. Strategic Meeting on CAG
(New York, June 26, 2012)
 Plans:
 Two workshops (identical) at next December ASP
 Regional meetings
 Political efficacy meetings
 Web resources
 Ratification kits
 Intent of the Campaign:
 Not make it a global campaign
 Focus on like-minded States

20. Strategic Meeting on CAG
(New York, June 26, 2012)
 Activities:
 Conference planned in September (Peru)
 Hosting regional conference 2013 (Botswana)
 Big event in Nuremburg in 2013 (Germany)
 Subregional workshops (New Zealand, MP)
 Nuremburg film translations being prepared
 Two workshops in ASP (Campaign)

21. Strategic Meeting on CAG
(New York, June 26, 2012)
 Materials and resources:
 Q&As, Questionnaires
 Multi-lingual CAG resources
 Ratification & implementation kit
 Sample legislations (ratification and
implementation)
 Newsletter (annual update)
 CoA related articles and publications
 Status report (internal)

22. Strategic Meeting on CAG
(New York, June 26, 2012)
 Web resources:
 Wikipedia strategy (coordinator: Takahiro)
 Social media: Website as main repository FB,
Twitter as new update backup
 Orientation (multi-audience, multi-
dimensional)
 Information exchange among key supporters:
mailing list, membership pages
 Separate web development (Donald)

23. Where does WFM/CICC fit in?
Let’s think about it!
Thank you.