CYIL 2015

PAVEL CABAN CYIL 6 ȍ2015Ȏ Conference). 8 The Review Conference applied article 121(5) also with regard to the “Belgian” amendments to article 8 on war crimes, which were adopted at the Review Conference together with the amendments on the crime of aggression. 9 Thus, the amendments on the crime of aggression enter into force for each ratifying State Party individually, one year after the deposit of relevant instrument of ratification or acceptance with the depositary – the United Nations Secretary-General. The Czech Republic deposited its instrument of acceptance of the aggression amendments as the twenty-third State Party on 12 March 2015; the amendments will enter into force for the Czech Republic on 12 March 2016. 2. Activation of the Court’s jurisdiction However, the entry into force of the amendments on the crime of aggression as such does not have any real legal effect; according to some authors, after the entry into force of these amendments the States Parties are bound only by “sleeping obligations”. The reason is the fact that, in addition to the entry into force, the jurisdiction of the Court over the crime of aggression has to be activated by fulfilling the additional conditions for the exercise of jurisdiction ( i.e. not for the entry into force), provided for in paragraphs 2 and 3 of the new articles 15bis (regulating the exercise of jurisdiction over the crime of aggression in case of state referral and proprio motu investigation) and 15ter (regulating the exercise of jurisdiction based on the United Nations Security Council referral) of the Rome Statute, adopted at the Review Conference. According to one of the prominent participants of the Review Conference, this special procedure for activating the Court’s jurisdiction over the crime of aggression was adopted mainly in order to provide the Court with “breathing room”, i.e. to enable the Court to prepare for this sensitive task, and to take into account the fact that some delegations were reluctant to operationalize the Court’s jurisdiction right away. 10 According to the activating conditions, the Court may exercise jurisdiction (1) only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties, and (2) subject to an “activation” decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute, i.e. two-thirds of States Parties. In addition, the preamble of the resolution RC/Res.6 states that the 8 Resolution RC/Res.6, OP 1: “Decides to adopt, in accordance with article 5, paragraph 2, of the Rome Statute of the International Criminal Court (hereinafter: “the Statute”) the amendments to the Statute contained in annex I of the present resolution, which are subject to ratification or acceptance and shall enter into force in accordance with article 121, paragraph 5; …”. 9 Resolution RC/Res.5, OP 1: “Decides to adopt the amendment to article 8, paragraph 2 (e), of the Rome Statute … which is subject to ratification or acceptance and shall enter into force in accordance with article 121, paragraph 5, of the Statute; …”. 10 Stefan Barriga, op. cit. sub 1, p. 37-38.

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