diff --git a/verdrag/statuut-van-rome-inzake-het-internationaal-strafhof/BWBV0001489/README.md b/verdrag/statuut-van-rome-inzake-het-internationaal-strafhof/BWBV0001489/README.md index fa9158d96dc..c16ee494118 100644 --- a/verdrag/statuut-van-rome-inzake-het-internationaal-strafhof/BWBV0001489/README.md +++ b/verdrag/statuut-van-rome-inzake-het-internationaal-strafhof/BWBV0001489/README.md @@ -47,7 +47,7 @@ b) Crimes against humanity; c) War crimes; d) The crime of aggression. -**2.** The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations. +**2.** Vervallen. ### Artikel 6 @@ -160,13 +160,32 @@ e) Other serious violations of the laws and customs applicable in armed conflict (x) Declaring that no quarter will be given; (xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; (xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict; +(xiii) Employing poison or poisoned weapons; +(xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; +(xv) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions. f) Paragraph 2 e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups. **3.** Nothing in paragraph 2 c) and e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means. +### Artikel 8 bis + +**1.** For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations. + +**2.** + +For the purpose of paragraph 1, “act of aggression” means the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression: + +a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof; +b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons 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) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State; +e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement; +f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State; +g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein. + ### Artikel 9 -**1.** Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties. +**1.** Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7, 8 and 8 bis. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties. **2.** @@ -231,6 +250,40 @@ c) The Prosecutor has initiated an investigation in respect of such a crime in a **6.** If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence. +### Artikel 15 bis + +**1.** The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, paragraphs (a) and (c), subject to the provisions of this article. + +**2.** The Court may exercise jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties. + +**3.** The Court shall exercise jurisdiction over the crime of aggression in accordance with this article, subject to a 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. + +**4.** The Court may, in accordance with article 12, exercise jurisdiction over a crime of aggression, arising from an act of aggression committed by a State Party, unless that State Party has previously declared that it does not accept such jurisdiction by lodging a declaration with the Registrar. The withdrawal of such a declaration may be effected at any time and shall be considered by the State Party within three years. + +**5.** In respect of a State that is not a party to this Statute, the Court shall not exercise its jurisdiction over the crime of aggression when committed by that State’s nationals or on its territory. + +**6.** Where the Prosecutor concludes that there is a reasonable basis to proceed with an investigation in respect of a crime of aggression, he or she shall first ascertain whether the Security Council has made a determination of an act of aggression committed by the State concerned. The Prosecutor shall notify the Secretary-General of the United Nations of the situation before the Court, including any relevant information and documents. + +**7.** Where the Security Council has made such a determination, the Prosecutor may proceed with the investigation in respect of a crime of aggression. + +**8.** Where no such determination is made within six months after the date of notification, the Prosecutor may proceed with the investigation in respect of a crime of aggression, provided that the Pre-Trial Division has authorized the commencement of the investigation in respect of a crime of aggression in accordance with the procedure contained in article 15, and the Security Council has not decided otherwise in accordance with article 16. + +**9.** A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court’s own findings under this Statute. + +**10.** This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other crimes referred to in article 5. + +### Artikel 15 ter + +**1.** The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, paragraph (b), subject to the provisions of this article. + +**2.** The Court may exercise jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties. + +**3.** The Court shall exercise jurisdiction over the crime of aggression in accordance with this article, subject to a 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. + +**4.** A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court’s own findings under this Statute. + +**5.** This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other crimes referred to in article 5. + ### Artikel 16 No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions. @@ -316,7 +369,7 @@ c) In cooperation with the relevant States, to prevent the absconding of persons **3.** -No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court: +No person who has been tried by another court for conduct also proscribed under article 6, 7, 8 or 8 bis shall be tried by the Court with respect to the same conduct unless the proceedings in the other court: a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice. @@ -375,6 +428,8 @@ d) In any other way contributes to the commission or attempted commission of suc e) In respect of the crime of genocide, directly and publicly incites others to commit genocide; f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose. +**3 bis.** In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State. + **4.** No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law. ### Artikel 26