Crime of AggressionCrime of AggressionStatus of Ratification and Status of Ratification and

Implementation of the Kampala Implementation of the Kampala Amendments to the Rome StatuteAmendments to the Rome Statute

July 11, 2012July 11, 2012

Takahiro KatsumiTakahiro KatsumiWorld Federalist Movement of JapanWorld Federalist Movement of Japan

Japanese Network for the ICCJapanese Network for the ICC2626thth WFM Congress, Winnipeg WFM Congress, Winnipeg

FACTSFACTS

The Kampala Amendments: What is it?The Kampala Amendments: What is it? A set of amendments to the Rome Statute A set of amendments to the Rome Statute

adopted by consensus in June 11, 2010 at adopted by consensus in June 11, 2010 at Kampala, Uganda at the first Kampala, Uganda at the first Review Conference Review Conference of the Rome Statute for the International Criminal of the Rome Statute for the International Criminal CourtCourt

It included amendments in:It included amendments in:

1.1. Definition and conditionsDefinition and conditions for the exercise of for the exercise of jurisdiction over the jurisdiction over the crime of aggressioncrime of aggression

2.2. Prohibition of certain weaponsProhibition of certain weapons* as war crimes* as war crimes

* Poisonous gases, liquids, and special bullets* Poisonous gases, liquids, and special bullets

FACTSFACTS

The Kampala Amendments: DefinitionsThe Kampala Amendments: Definitions Article 8 Article 8 bisbis:: 1. … the planning, preparation, initiation 1. … the planning, preparation, initiation

or execution, by a or execution, by a person in a position person in a position effectively to exercise control over or to effectively to exercise control over or to direct the political or military action of a direct the political or military action of a StateState, of an , of an act of aggressionact of aggression which, by its which, by its character, gravity and scale, constitutes a character, gravity and scale, constitutes a manifest violation of the Charter of the manifest violation of the Charter of the United NationsUnited Nations..

FACTSFACTS

The Kampala Amendments: DefinitionsThe Kampala Amendments: Definitions Article 8 Article 8 bisbis:: 1. … the planning, preparation, initiation 1. … the planning, preparation, initiation

or execution, by a or execution, by a person in a position person in a position effectively to exercise control over or to effectively to exercise control over or to direct the political or military action of a direct the political or military action of a StateState, of an , of an act of aggressionact of aggression which, by its which, by its character, gravity and scale, constitutes a character, gravity and scale, constitutes a manifest violation of the Charter of the manifest violation of the Charter of the United NationsUnited Nations..

FACTSFACTS

The Kampala Amendments: ConditionsThe Kampala Amendments: Conditions Under the Statute, the Court may exercise Under the Statute, the Court may exercise

its jurisdiction over the "crime of its jurisdiction over the "crime of aggression" in one or all of the following aggression" in one or all of the following ways:ways:

State referral, State referral, proprio motu proprio motu (Art .15bis)(Art .15bis) Security Council referral (Art. 15ter)Security Council referral (Art. 15ter)

FACTSFACTS

The Kampala Amendments: ActivationThe Kampala Amendments: Activation Article 15 Article 15 bisbis:: 2. The Court may exercise jurisdiction only 2. The Court may exercise jurisdiction only

with respect to crimes of aggression with respect to crimes of aggression committed one year after committed one year after the ratification or acceptance of the the ratification or acceptance of the amendments by amendments by thirty States Partiesthirty States Parties..

FACTSFACTS

The Kampala Amendments: ActivationThe Kampala Amendments: Activation Article 15 Article 15 bisbis:: 3. The Court shall exercise jurisdiction 3. The Court shall exercise jurisdiction

over the crime of aggression in over the crime of aggression in accordance with this article, accordance with this article, subject to a subject to a decision to be taken after 1 January 2017 decision to be taken after 1 January 2017 by the same majority of States Parties as by the same majority of States Parties as is required for the adoption of an is required for the adoption of an amendment to the Statute.amendment to the Statute.

FACTSFACTS

The Kampala Amendments: 2010-2017The Kampala Amendments: 2010-2017 06/11/201006/11/2010: adopted by consensus (111 states) : adopted by consensus (111 states) 05/08/201205/08/2012: Liechtenstein ratifies amendments: Liechtenstein ratifies amendments 06/25/2012: Workshop on CAG held06/25/2012: Workshop on CAG held 12/31/201512/31/2015: deposit of : deposit of 30 ratifications 30 ratifications are are

needed for the activation of the jurisdiction by needed for the activation of the jurisdiction by next year in 2016 (Art. 15bis 3)next year in 2016 (Art. 15bis 3)

01/01/201701/01/2017: Court may exercise jurisdiction : Court may exercise jurisdiction over CAG beyond this date over CAG beyond this date pending decisions to pending decisions to be taken by the ASPbe taken by the ASP

FACTSFACTS

Sideline: Sideline: 05/14/2012: Takahiro creates the 05/14/2012: Takahiro creates the

Wikipedia entry on “Crime of Wikipedia entry on “Crime of Aggression” and gets Liechtenstein’s Aggression” and gets Liechtenstein’s attentionattention

http://en.wikipedia.org/wiki/http://en.wikipedia.org/wiki/Crime_of_aggressionCrime_of_aggression

ISSUESISSUES

Exemption of nationals from non parties IExemption of nationals from non parties I ““the jurisdictional regime of the the jurisdictional regime of the

ICC on aggression would appear to ICC on aggression would appear to be seriously weakened by a be seriously weakened by a full full exemption for Nationals from Non exemption for Nationals from Non Parties to the Rome Statute Parties to the Rome Statute and and through through a "delayed entry into a "delayed entry into force" force" of the amendment” – PGA of the amendment” – PGA (+Japan)(+Japan)

ISSUESISSUES

Exemption of nationals from non parties Exemption of nationals from non parties IIII

““government of a State Party government of a State Party surrounded by non State Parties surrounded by non State Parties will have a difficulty in selling to its will have a difficulty in selling to its parliament an amendment which parliament an amendment which unjustifiably solidifies blanket and unjustifiably solidifies blanket and automatic impunity of nationals of automatic impunity of nationals of non State Partiesnon State Parties” - Japan” - Japan

ISSUESISSUES

Legal integrity of the amendmentsLegal integrity of the amendments ““this delegation continues to have this delegation continues to have

serious doubt as to the serious doubt as to the legal legal integrity of the amendment integrity of the amendment procedure procedure this draft resolution is this draft resolution is based upon. … the upshot of based upon. … the upshot of adopting such a resolution … is the adopting such a resolution … is the undermining of the credibility of undermining of the credibility of the Rome Statute and the whole the Rome Statute and the whole system it representssystem it represents” - Japan” - Japan

Promoting Ratification and Promoting Ratification and ImplementationImplementation

Two meetings held in June 2012:Two meetings held in June 2012:

1.1. June 25, 2012June 25, 2012 Workshop on the Ratification and Workshop on the Ratification and

Implementation of the Rome Statute Implementation of the Rome Statute Amendments on the Crime of AggressionAmendments on the Crime of Aggression

2.2. June 26, 2012June 26, 2012 Strategic Meeting on the Ratification and Strategic Meeting on the Ratification and

Implementation of the Rome Statute Implementation of the Rome Statute Amendments on the Crime of AggressionAmendments on the Crime of Aggression

Workshop on Crime of Aggression Workshop on Crime of Aggression (New York, June 25, 2012)(New York, June 25, 2012)

Host: Host:

1.1. Permanent Mission of the Principality of Permanent Mission of the Principality of Liechtenstein (Chair of Special Working Group Liechtenstein (Chair of Special Working Group on Crime of Aggression)on Crime of Aggression)

2.2. Global Institute for the Prevention of Global Institute for the Prevention of AggressionAggression

Purpose:Purpose: ““to assist States in the process of ratification to assist States in the process of ratification

and/or implementation of the Kampala and/or implementation of the Kampala amendments on the crime of aggression.”amendments on the crime of aggression.”

Workshop on Crime of Aggression Workshop on Crime of Aggression (New York, June 25, 2012)(New York, June 25, 2012)

Participants:Participants: H.E. Amb. C.Wenaweser, LiechtensteinH.E. Amb. C.Wenaweser, Liechtenstein Dep. Amb. Stefan Barriga, LiechtensteinDep. Amb. Stefan Barriga, Liechtenstein H.R.H. Prince Zeid, JordanH.R.H. Prince Zeid, Jordan H.E. Judge Hans-Peter Kaul, ICCH.E. Judge Hans-Peter Kaul, ICC Rep. Kennedy Graham, New ZealandRep. Kennedy Graham, New Zealand Prof. Roger S. Clark, Rutgers UniversityProf. Roger S. Clark, Rutgers University States: Australia, Argentina, Botswana, Dominican States: Australia, Argentina, Botswana, Dominican

Republic, Germany, the Netherlands, Peru, Samoa, Republic, Germany, the Netherlands, Peru, Samoa, Slovenia, Japan, etc.Slovenia, Japan, etc.

Workshop on Crime of Aggression Workshop on Crime of Aggression (New York, June 25, 2012)(New York, June 25, 2012)

Progress Reports:Progress Reports: Ratification: Ratification:

5 states to ratify by the end of 20125 states to ratify by the end of 2012: Germany, : Germany, Luxembourg, Switzerland, Trinidad and TobagoLuxembourg, Switzerland, Trinidad and Tobago

18 states “actively working18 states “actively working”: Argentina, ”: Argentina, Australia, Belgium, Botswana, Chile, Croatia, Australia, Belgium, Botswana, Chile, Croatia, Dominican Republic, Estonia, Germany, Dominican Republic, Estonia, Germany, Luxembourg, the Netherlands, Peru, Samoa, Luxembourg, the Netherlands, Peru, Samoa, Slovenia, Switzerland, Trinidad and Tobago, Slovenia, Switzerland, Trinidad and Tobago, UruguayUruguay

4 states in “early stages”: 4 states in “early stages”: Czech Republic, Czech Republic, Finland, Japan, VenezuelaFinland, Japan, Venezuela

Workshop on Crime of Aggression Workshop on Crime of Aggression (New York, June 25, 2012)(New York, June 25, 2012)

Progress Reports:Progress Reports: Ratification (cont’d)Ratification (cont’d)

1 state 1 state accepted recommendation to ratifyaccepted recommendation to ratify 12 states (incl. Ecuador) of UNASUR 12 states (incl. Ecuador) of UNASUR called upon called upon

states to ratify: Argentina, Bolivia, Brazil, Chile, states to ratify: Argentina, Bolivia, Brazil, Chile, Columbia, Columbia, EcuadorEcuador, Guyana, Paraguay, Peru, , Guyana, Paraguay, Peru, Surinam, Uruguay, VenezuelaSurinam, Uruguay, Venezuela

Implementation (definition) Implementation (definition) 3 states 3 states revised criminal codes: Luxembourg, revised criminal codes: Luxembourg,

Slovenia, CroatiaSlovenia, Croatia 3 states 3 states drafting criminal codes: Czech drafting criminal codes: Czech

Republic, Dominican Republic, VenezuelaRepublic, Dominican Republic, Venezuela

Strategic Meeting on CAGStrategic Meeting on CAG(New York, June 26, 2012)(New York, June 26, 2012)

CAMPAIGN PROJECT:CAMPAIGN PROJECT: Goals: Goals: 

30 ratification and activation of jurisdiction30 ratification and activation of jurisdiction Raise awareness in general termsRaise awareness in general terms Make illegal use of force a criminal actMake illegal use of force a criminal act

Campaign Team (3): Donald, Stefan, JoernCampaign Team (3): Donald, Stefan, Joern Participants: Professors, MPs, State Participants: Professors, MPs, State

Representatives (Argentina, Australia, Representatives (Argentina, Australia, Germany, the Netherlands, Slovenia), Germany, the Netherlands, Slovenia), NGOs, ActivistsNGOs, Activists

Strategic Meeting on CAGStrategic Meeting on CAG(New York, June 26, 2012)(New York, June 26, 2012)

Plans:Plans: Two workshops (identical) at next December Two workshops (identical) at next December

ASPASP Regional meetingsRegional meetings Political efficacy meetingsPolitical efficacy meetings Web resourcesWeb resources Ratification kitsRatification kits

Intent of the Campaign:Intent of the Campaign: Not make it a global campaignNot make it a global campaign Focus on like-minded StatesFocus on like-minded States

Strategic Meeting on CAGStrategic Meeting on CAG(New York, June 26, 2012)(New York, June 26, 2012)

Activities:Activities: Conference planned in September (Peru)Conference planned in September (Peru) Hosting regional conference 2013 Hosting regional conference 2013

(Botswana)(Botswana) Big event in Nuremburg in 2013 Big event in Nuremburg in 2013

(Germany)(Germany) Subregional workshops (New Zealand, Subregional workshops (New Zealand,

MP)MP) Nuremburg film translations being Nuremburg film translations being

preparedprepared Two workshops in ASP (Campaign)Two workshops in ASP (Campaign)

Strategic Meeting on CAGStrategic Meeting on CAG(New York, June 26, 2012)(New York, June 26, 2012)

Materials and resources:Materials and resources: Q&As, QuestionnairesQ&As, Questionnaires Multi-lingual CAG resourcesMulti-lingual CAG resources Ratification & implementation kitRatification & implementation kit Sample legislations (ratification and Sample legislations (ratification and

implementation)implementation) Newsletter (annual update)Newsletter (annual update) CoA related articles and publicationsCoA related articles and publications Status report (internal)Status report (internal)

Strategic Meeting on CAGStrategic Meeting on CAG(New York, June 26, 2012)(New York, June 26, 2012)

Web resources:Web resources: Wikipedia strategy (coordinator: Takahiro)Wikipedia strategy (coordinator: Takahiro) Social media: Website as main repository Social media: Website as main repository

FB, Twitter as new update backupFB, Twitter as new update backup Orientation (multi-audience, multi-Orientation (multi-audience, multi-

dimensional)dimensional) Information exchange among key Information exchange among key

supporters: mailing list, membership supporters: mailing list, membership pagespages

Separate web development (Donald)Separate web development (Donald)

Where does WFM/CICC fit in?Where does WFM/CICC fit in?

Let’s think about it!Let’s think about it!

Thank you.Thank you.