The Rome Statute's Amendment on the Crime of Aggression

Negotiations at the Kampala Review Conference

Bibliographic Data

ID12821997
AuthorsJennifer Trahan (corresponding author)
Year2011
Volume11
Issue1
Pages49-104
Publication date2011-01-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueInternational Criminal Law Review (JOURNAL)
Journal identifiersISSN: 1567-536X • E-ISSN: 1571-8123
PublisherBrill (PUBLISHER • NL)
DOI10.1163/157181211x543920
OpenAlexW1973635625
LanguageEN
Citations received7

This past June, in Kampala, Uganda, at the first Review Conference on the International Criminal Court, States Parties forged an historic agreement, amending the Rome Statute to define the crime of aggression, and agreeing on conditions for the exercise of jurisdiction. While the definition had been essentially agreed upon during years of earlier negotiations, delegations in Kampala had to grapple with a host of complex issues related to the exercise of jurisdiction. They resolved that jurisdiction will be triggered both through Security Council referrals, as well as State Party or Prosecutor referrals, and the related "filter" mechanisms to achieve this. This result represented a significant breakthrough that was pragmatic, designed to avoided potential conflict with the U.N. Charter, and designed to protect the Court's independence. The final agreement, however, also contained compromises, excluding the acts of Non-States Parties from jurisdiction, allowing States Parties to opt out of jurisdiction, and delaying the exercise of jurisdiction until at least 2017

Charter · Criminal jurisdiction · Exclusive jurisdiction · Independence (probability theory · Jurisdiction · Negotiation · Political science · Politics · Rome Statute of the International Criminal Court · Security council · State (computer science · Statute · Statute of limitations · United Nations Charter · Global Peace and Security Dynamics · Human Rights and Development · International Law and Human Rights · Law

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