Botswana and Germany ratify amendments on the crime of aggression and article 8

June 10, 2013 - The President of the Assembly of States Parties (“the Assembly”), Ambassador Tiina Intelmann (Estonia), welcomed the deposit of the instruments of ratification of the amendments to the Rome Statute on the crime of aggression and on article 8 on war crimes, by the Minister for Foreign Affairs of the Federal Republic of Germany, H.E. Mr. Guido Westerwelle and the Permanent Representative of Botswana to the United Nations, H.E. Mr. Charles Thembani Ntwaagae.

President Intelmann recalled that Germany had played a pivotal role during the negotiations that had secured the inclusion of the crime of aggression at the 1998 Rome Diplomatic Conference as one of the crimes over which the Court would have jurisdiction. This key role had continued in the negotiation process which culminated with the adoption of the amendments at the 2010 Review Conference of the Statute in Kampala.

President Intelmann also noted that Botswana had become the first African State to ratify the amendments to the Rome Statute.

She expressed the hope that other States would emulate Germany and Botswana, whose ratifications on 3 and 4 June, respectively, had increased to seven the number of ratifications of the Kampala amendments on the crime of aggression. President Intelmann noted that the ratifications constituted another manifestation of the trust and support for the ICC in different regions of the world as a fundamental institution of the international community.

The amendments define the crime of aggression and provide for the conditions for the exercise of jurisdiction over this crime. The ICC may exercise such jurisdiction once thirty States have ratified the amendments, and subject to a decision to be taken after 1 January 2017 by the States Parties.