The ICC Rome Statute to include definition of crime of aggression
Press Release 188/2010
12 June.2010
The Review Conference of the Rome Statute of the International Criminal Court (ICC) unanimously adopted the definition of a crime of aggression and the associated jurisdictional conditions as an amendment to the Rome Statute after over a decade of negotiations.
The Review Conference was held in Kampala, Uganda between 31 May and 11 June 2010. One of the key issues in addition to crime of aggression was stocktaking of the international criminal court system.
In the intensive negotiations on crime of aggression, the permanent members of the UN Security Council emphasized the role of the Security Council in determining crimes of aggression in accordance with the UN Charter. The majority of Permanent Members stated, however, that the provisions should allow triggering of the ICC jurisdiction in case the Security Council cannot determine a crime of aggression.
In accordance with the adopted provisions, the ICC may only start investigating when the Security Council has positively determined a crime of aggression. Where there has been no Security Council determination for a period of six months, the ICC may proceed under authorization of the Pre-Trial Chamber of the ICC. Nevertheless, the Security Council has the power to veto investigations if it chooses so. The Security Council can also decide to refer individual cases to the ICC.
The adopted provisions will be implemented in 2017 at the earliest. A State Party may specifically declare it does not accept the ICC exercising its jurisdiction for crimes of aggression.
The ICC stocktaking items were impact of the ICC on victims and affected communities, the ICC complementarity principle, cooperation with the ICC, and peace and justice. Finland prepared together with Chile the section on victims and affected communities in the conference.
The Review Conference also adopted inclusion of the use of certain weapons (poison, poisoned weapons, asphyxiating, poisonous or other gases and all analogous liquids, materials or devices as well as the use of bullets that expand or flatten in the body) as war crimes also in the context of an armed conflict not of an international character. The use of the weapons listed above is already incriminated in case of an international armed conflict.
Under-Secretary of State Jaakko Laajava, who led the Finnish delegation in Kampala, acted as Finland's signatory to the Declaration on enforcement of the ICC decisions.
The ICC Rome Statute has 111 State Parties. The Court is established in the Hague, the Netherlands. The ICC may exercise jurisdiction over genocide, war crimes, crimes against humanity, and the crime of aggression. The ICC is currently investigating five situations: Uganda, Kenya, Darfur, the Democratic Republic of Congo, and the Central African Republic. Erkki Kourula of Finland is an ICC judge.
Further information: Päivi Kaukoranta, Director General of the Legal Service of the Ministry for Foreign Affairs, tel +358 40 835 9218 and Sari Mäkelä, Legal Counsellor, tel. +358 40 739 2853.