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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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015004&caller=list&article_lang=F&row_id=900&numero=912&pub_date=2014-03-03&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-03-03 Numac: 2014015004 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE November 22, 2013. -Law on consent to 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) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. 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, will release their full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 22 November 2013.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of defence, P. DE CREM Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2012 - 2013 and 2013-2014.
Senate.
Documents: Bill filed September 26, 2013, no. 5 - 2270/1.
Report, no. 5-2270/2.
Parliamentary Annals: Discussion, meeting of October 24, 2013.
Vote, meeting of October 24, 2013.
House of representatives.
Documents: Draft transmitted by the Senate, no. 53-3094/1.
Report on behalf of the Committee No. 53-3094/2.
Text adopted in plenary meeting and submitted to the Royal assent, no 53-3094/3.
Parliamentary Annals: Discussion, meeting of November 7, 2013.
Vote, meeting of November 7, 2013.
Amendments to the Rome Statute of the ICC International 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, it "crime of aggression" means the planning, preparation, launching or execution by a person actually able to control or direct the political action or military of a State, of an act of aggression which, by its nature, its gravity and its magnitude, constitutes a violation manifests of the Charter of the United Nations.
2. for the purposes of paragraph 1, "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 manner inconsistent with the Charter of the United Nations. There is or non-declaration of war, the following acts are acts of aggression under resolution 3314 (XXIX) of the General Assembly of the United Nations of 14 December 1974: has) the invasion or attack by the armed forces of a State of the territory of another State or the occupation military, even temporary, resulting from such invasion or such an attack , or annexation by force of the whole or a part of the territory of another State;
b) bombardment by the armed forces of a State of the territory of another State, or the use of a weapon any by a State against the territory of another State;
(c) the blockade ports or coasts of a State by the armed forces of another State;
(d) the attack by the armed forces of a State land, sea or air forces, or the fleet air and sea of another State;
(e) the use of the armed forces of a State occurring in the territory of another State with the approval of it 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 failure of a State to its territory, it has put at the disposal of another State, serves on the commission by that other State for an act of aggression against a third State;
(g) the sending by a State or on behalf of a State of bands, groups, irregulars or mercenaries armed running against another State's acts comparable to those of armed forces of gravity equal to that of the acts listed above, or provide a substantial contribution to such acts.
3. Insert the following text after article 15: Article 15 bis exercise of jurisdiction over the crime of aggression (referral by a State, on its own initiative) 1. The Court may exercise its jurisdiction over the crime of aggression in accordance with paragraphs has) and c) of article 13, subject to the following provisions.
2. the Court may exercise its jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by 30 States Parties.
3. the Court shall exercise jurisdiction over the crime of aggression in accordance with this article, subject to a decision which will be taken after 1 January 2017 by the same majority of States Parties than that required for the adoption of an amendment to the Statute.
4 the Court may exercise its jurisdiction with respect to a crime of aggression resulting from an act of aggression committed by a State party unless that State party has previously stated that he did not accept such jurisdiction by filing a declaration with the Registrar in accordance with article 12. The withdrawal of such a declaration may be made at any time and will be considered by the State party within a period of three years.
5. in relation to a State which is not party to this Statute, the Court does not exercise 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 an investigation for the crime of aggression, it first ensures that the Security Council found that an act of aggression had been committed by the State concerned. It shall notify the Secretary-General of the Organization of the United Nations of the situation before the Court and communicates any information and any documents useful.
7. when the Security Council has found an act of aggression, the Prosecutor may investigate this crime.
8. when such a finding is not made within six months after the date of the notice, the Attorney can conduct an investigation for the crime of aggression, provided that the pre-trial Division has authorized the opening of an investigation for the crime of aggression according to the procedure laid down in article 15, and that the Security Council in has not decided otherwise, in accordance with article 16.
9. the observation of an act of aggression by an outside body to the Court is without prejudice to the findings made by the Court itself under this Statute.
10. This article is without prejudice to the provisions relating to the exercise of jurisdiction over other crimes referred to in article 5.
4. Insert the following after article 15a of the Statute: Article 15 ter exercise of jurisdiction over the crime of aggression (referral by the Security Council) 1. The Court may exercise its jurisdiction over the crime of aggression in accordance with paragraph b) of article 13, subject to the following provisions.
2. the Court may exercise its jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by 30 States Parties.
3. the Court shall exercise jurisdiction over the crime of aggression in accordance with this article, subject to a decision which will be taken after 1 January 2017 by the same majority of States Parties than that required for the adoption of an amendment to the Statute.
4. the observation of an act of aggression by an outside body to the Court is without prejudice to the findings made by the Court itself under this Statute.
5. This article 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: 3A. Regarding the crime of aggression, the provisions of this section applies only to those actually able to control or direct the political or military action of a State.
6. replace the first sentence of paragraph 1 of article 9 with the following: 1. the elements of crimes assist the Court in interpreting and applying articles 6, 7, 8 and 8A.
7. replace the chapeau of paragraph 3 of article 20 with the following text, the rest of the paragraph unchanged: 3. anyone who was tried by another court for conduct falling also within the scope of articles 6, 7, 8 or 8A may not be tried by the Court for the same acts if the proceedings before the other court : List of country States magpies amendments to the Rome Statute of the ICC International related to the crime of aggression, adopted in Kampala on 11 June 2010 at the Conference for revision of the Statute of Rome States/OrganisationsDate authentificationType of consentementDate of Consentemententree force local Germany Acceptation03/06/201303/06/2014 Andorra Acceptation26/09/201326/09/2014 Belgium Ratification26/11/201326/11/2014 BOTSWANA Ratification04/06/201304/06/2014 Cyprus Ratification25/09/201325/09/2014 CROATIC Ratification20 12/201320/12. 2014 Estonia Ratification27/03/201327/03/2014 LIECHTENSTEIN Ratification08/05/201208/05/2013 LUXEMBOURG Ratification15/01/201315/01/2014 American SAMOA Ratification25/09/201225/09/2013 SEYCHELLES24/09/2013indetermine Slovenia Ratification25/09/201325/09/2014 TRINIDAD and TOBAGO Ratification13/11/201213/11/2013 URUGUAY Ratification26/09/201326/09/2014