Law Approving The Amendments To The Rome Statute Of The International Criminal Court On The Crime Of Aggression, Adopted In Kampala On June 11, 2010 At The Review Conference Of The Rome Statute (1)

Original Language Title: Loi portant assentiment aux Amendements au Statut de Rome de la Cour pénale internationale relatifs au crime d'agression, adoptés à Kampala le 11 juin 2010 lors de la Conférence de révision du Statut de Rome (1)

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22 NOVEMBER 2013. - An Act to Enact Amendments to the Rome Statute of the International Criminal Court relating to the Crime of Aggression, adopted at Kampala on 11 June 2010 at the Review Conference of the Rome Statute (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Amendments to the Rome Statute of the International Criminal Court relating to the Crime of Aggression, adopted at Kampala on 11 June 2010 at the Review Conference of the Rome Statute, will emerge their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 22 November 2013.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of Defence,
P. DE CREM
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2012-2013 and 2013-2014.
Senate.
Documents:
Bill tabled on September 26, 2013, No. 5-2270/1.
Report, No. 5-2270/2.
Annales parlementaire :
Discussion, meeting of October 24, 2013.
Vote, meeting of 24 October 2013.
House of Representatives.
Documents:
Project transmitted by the Senate, No. 53-3094/1.
Report made on behalf of Commission No. 53-3094/2.
Text adopted in plenary and subject to Royal Assent, No. 53-3094/3.
Annales parlementaire :
Discussion, meeting of 7 November 2013.
Vote, meeting of 7 November 2013.
Amendments to the Rome Statute
of the International Criminal Court relating to the crime of aggression
1. Delete paragraph 2 of Article 5.
2. Add the following text after Article 8:
Article 8bis Crime of aggression
1. For the purposes of this Statute, "crime of aggression" means the planning, preparation, launch or execution by a person who is effectively in a position to control or direct the political or military action of a State, an act of aggression that, by its nature, gravity and magnitude, constitutes a manifest violation of the Charter of the United Nations.
2. For the purposes of paragraph 1er, an act of aggression means the use by a State of armed force against the sovereignty, territorial integrity or political independence of another State, or in any other way incompatible with the Charter of the United Nations. Whether or not there is a declaration of war, the following acts are acts of aggression under General Assembly resolution 3314 (XXIX) of 14 December 1974:
(a) the invasion or attack by the armed forces of a State of the territory of another State or the military occupation, even temporary, resulting from such invasion or attack, or by force of the whole or part of the territory of another State;
(b) the bombardment by the armed forces of a State of the territory of another State, or the use of any weapon by a State against the territory of another State;
(c) the blockade of the ports or coasts of a State by the armed forces of another State;
(d) the attack by the armed forces of a State of the land, sea or air forces or air and sea fleets of another State;
(e) the use of the armed forces of a State in the territory of another State in contravention of the conditions set out in the relevant agreement, or the extension of the presence of these forces in that territory after the expiry of the relevant agreement;
(f) the fact for a State to allow its territory, which it has made available to another State, to serve the commission by that other State of an act of aggression against a third State;
(g) the sending by a State or in the name of a State of armed gangs, groups, irregular troops or mercenaries who carry out acts against another State that are assimilable to those of armed forces of a gravity equal to that of the acts listed above, or that give substantial assistance to such acts.
3. Insert the following text after Article 15:
Article 15 bis Exercise of jurisdiction over the crime of aggression (Removal by a State on its own initiative)
1. The Court may exercise jurisdiction over the crime of aggression in accordance with paragraphs (a) and (c) of section 13, subject to the following provisions.
2. The Court may exercise jurisdiction only in respect of crimes of aggression committed one year after ratification or acceptance of amendments by thirty States Parties.
3. The Court shall exercise its jurisdiction over the crime of aggression in accordance with that article, subject to a decision to be taken after 1er January 2017 by the same majority of States Parties as required for the adoption of an amendment to the Statute.
4. The Court may, in accordance with Article 12, exercise its jurisdiction over a crime of aggression arising out of an act of aggression committed by a State Party unless that State Party has previously stated that it does not accept such jurisdiction by filing a declaration with the Registrar. The withdrawal of such a declaration may be made at any time and will be considered by the State Party within three years.
5. With respect to a State that is not a Party to this Statute, the Court does not exercise its jurisdiction over the crime of aggression when it is committed by nationals of that State or its territory.
6. When the Prosecutor concludes that there is a reasonable basis for conducting an investigation for a crime of aggression, he first ensures that the Security Council found that an act of aggression had been committed by the State in question. He advises the Secretary-General of the United Nations of the situation before the Court and communicates any relevant information and documents.
7. When the Security Council has found an act of aggression, the Prosecutor may investigate this crime.
8. Where such a finding is not made within six months of the date of the notice, the Prosecutor may conduct an investigation for an offence of aggression, provided that the preliminary section has authorized the initiation of an investigation for an offence of aggression in accordance with the procedure laid down in Article 15, and that the Security Council has not decided otherwise, in accordance with Article 16.
9. The finding of an act of aggression by an organ outside the Court is without prejudice to the findings of the Court itself under this Statute.
10. This section is without prejudice to the provisions relating to the exercise of jurisdiction over other crimes referred to in Article 5.
4. Insert the following text after Article 15bis of the Statute:
Article 15 ter Exercise of jurisdiction over the crime of aggression (Removal by the Security Council)
1. The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, paragraph (b), subject to the following provisions.
2. The Court may exercise jurisdiction only in respect of crimes of aggression committed one year after ratification or acceptance of amendments by thirty States Parties.
3. The Court shall exercise its jurisdiction over the crime of aggression in accordance with that article, subject to a decision to be taken after 1er January 2017 by the same majority of States Parties as required for the adoption of an amendment to the Statute.
4. The finding of an act of aggression by an organ outside the Court is without prejudice to the findings of the Court itself under this Statute.
5. This section is without prejudice to the provisions relating to the exercise of jurisdiction over other crimes referred to in Article 5.
5. Add the following text after paragraph 3 of Article 25:
3bis. With regard to the crime of aggression, the provisions of this article apply only to persons who are effectively able to control or direct the political or military action of a State.
6. Replace the first sentence of paragraph 1er of Article 9 by the following sentence:
1. The elements of the crimes assist the Court in interpreting and applying articles 6, 7, 8 and 8 bis.
7. Replace the chapeau of paragraph 3 of Article 20 with the following text, the remainder of the paragraph remaining unchanged:
3. Any person who has been tried by another court for conduct also falling under articles 6, 7, 8 or 8bis may not be tried by the Court for the same facts as if the proceedings before the other court:

List of countries
Amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression, adopted at Kampala on 11 June 2010 at the Review Conference of the Rome Statute