Here is a quick rundown of what key states are saying about the crime of aggression at the United Nations Assembly of State Parties on the International Criminal Court in New York:
Germany: Did not waver in its support for the crime of aggression. “For Germany [during Kampala] it was particularly important that the agreement on the crime of aggression was reached by consensus. This is a strong message of unity of the international community in combating this most serious crime [...] Germany will ratify all amendments adopted by the Review conference as soon as possible."
France: "France did not associate itself with the text adopted in Kampala on the crime of aggression in so far as it disrespects provisions of the UN Charter, under which only the Security Council can determine the existence of any act of aggression. On the ratification procedure, France notes that in accordance with article 121-5 of the Rome Statute, no amendment is binding upon a state party that has not ratified it. A state that is not planning to ratify the amendment on aggression is therefore not required to make a declaration pursuant to article 15 (bis) 4 to avoid being bound by the amendment."
UK: "The UK welcomed the positive outcome that was reached on aggression in Kampala, which helped preserve the primary role of the UNSC. We now have a period to reflect on this issue before any amendment enters into force [...] In this regard we note that all amendments were adopted under Article 121 paragraph 5 of the Rome Statute and accordingly they will only enter into force for a State Party once it has ratified that amendment. It is not, therefore, necessary for a state that has not ratified the amendment on the crime of aggression, and which does not wish to be bound by it, to make a declaration under article 15 bis paragraph 5."
U.S.: "Much of the discussion about Kampala has focused on the amendments that were adopted by the Review Conference. They were the result of compromise, which naturally few if any delegations consider to be perfect. My delegation has previously alluded to its concerns, including at the conclusion of the Kampala conference and in its statement to the General Assembly on October 29; although we continue to believe these issues will need to be addressed, we want to focus our comments here on the other key agenda items in Kampala- assessing the achievements of international justice to date and the challenges ahead, with a view toward strengthening the global system of accountability for genocide, war crimes and crimes against humanity."
Ariela Blätter | December 7th, 2010
Topics: International Criminal Court, Law & Justice
