In preparation for the Review Conference, the proposed amendments have been collected and can be found in this document. In addition to a proposal to define the as-of-yet undefined crime of aggression, proposals seek to create a number of new crimes, in particular terrorism and international drug trafficking. There are also proposals to add to the content of the an existing crime, War Crimes, by adding 1) the employing or threatening to employ nuclear weapons, 2) the use of poisons or poisoned weapons, the use of chemical, biological, or other such agents, and 3) the use of expanding or flattening weapons.
The Session should be quite interesting.
http://anthonyclarkarend.com/
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move toward incorporating international humanitarian law into ICC, i.e. peremptory norm or jus cogens.
move toward overriding the ICJ advisory opinion on legality of threat (use of) of nuclear weapon, in which the Court stated basically since no norm explicitly prohibits the use (threat) of nuclear weapon, coupled with resort to Lotus doctrine i.e. unless prohibited, permitted (positivism), we do not have enough fact to conclude that use of nuclear weapon is prohibited.
Hague Convention (one of the two pillars in IHL) banned on chemical and biological weapon. what is the point of the efforts of ICC to regulate the means and methods of armed conflict?
though the means and methods of armed conflict (chemical and biological) are banned, enforcement mechanism is not firmly established.
individuals who claim to be victim can go to the municipal court of perpetrating State. (exhaustion of domestic remedies)
victim's national State go to ICJ (if 36(1) or (2) of ICJ statute is applicable to both of the parties) to recover the damage under the law of state responsibility.
if IHL is incorporated into Rome Statute, ICC serves as enforcement mechanism without regard to the measures taken by UN Security Council under CH 7.
