CYIL Vol. 7, 2016
ČESTMÍR ČEPELKA CYIL 7 ȍ2016Ȏ into force for at least thirty (30) States Parties and, in addition, States Parties must “activate” the Court’s jurisdiction through additional decisions to be taken only after 1 January 2017 by a 2/3 majority of States Parties. 5 2. Activation after 1 January 2017 In a few weeks, from 1 January 2017, the time comes for States Parties to decide that the activation becomes true. Let’s hope that the required approval of the commencement of the given jurisdiction of the ICC will be achieved in a short time. As of June 2016, 30 States Parties have ratified (accepted), mostly by smaller States – however none of power; perhaps apart from Germany (acceptance 3 June 2013) with respect to its economic potential. The amendments on the crime of aggression enter into force for each ratifying State individually one year after the deposit of its instrument of ratification or acceptance. With respect to a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding such a crime covered by the said amendment when committed by that State Party’s nationals or on its territory. 6 The Court may exercise jurisdiction with respect to crimes of aggression committed only one year after the ratification or acceptance of the amendments by thirty States Parties. 7 It should as well be remembered that three (3) of the world powers and permanent members of the United Nations Security Council, having veto power to shield themselves and their allies (United States, China, Russia), are not affected because they are not Parties to the Rome Statute of ICC. It does not matter whether such a non-State Party was an aggressor, or the victim of aggression. Accountability and deterrent effect are thus limited to the circle of States Parties only. 8 The Russian military adventure concerning Crimea and Eastern Ukraine is well known. 9 Practically the same situation, but this one for States Parties, meaning no jurisdiction over States Parties, exists if they have opted-out of aggression within 5 See http://www.icc-cpi.int/iccdocs/asp_docs/Resolutions/RC-Res.6-ENG.pdf. Annex I, Article 15 bis and Article 15 ter – Exercise of jurisdiction over the crime of aggression, paras 3 and 4. See as well https://en.wikipedia.org/wiki/Crime_of_aggression. 6 Art. 121-5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party’s nationals or on its territory. See as well: https://en.wikipedia.org/wiki/Crime_of_ aggression (Activation of the Court‘s jurisdiction). 7 See note 4 above, Resolutions/RC-Res.6 – Annex I, Article 15 bis and Article 15 ter – Exercise of jurisdiction over the crime of aggression, para 2. 8 Cf. https://en.wikipedia.org/wiki/States_parties_to_the_Rome_Statute_of_the_International_Criminal_ Court. Other significant States non-party of the Rome Statute: Israel, India, Korea North. Turkey et al. 9 See https://en.wikipedia.org/wiki/Annexation_of_Crimea_by_the_Russian_Federation.
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