International Criminal Court Review Conference Resolutions

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The Review Conference of the Rome Statute concluded in Kampala, Uganda, on June 11, 2010. Remarkably, the Conference adopted a resolution amending the Rome Statute to include a definition of the crime of aggression and provisions for activation of the Court’s jurisdiction over the crime. The definition is based on 1974 United Nations General Assembly Resolution 3314 (XXIX).

In addition, the States Parties adopted a resolution amending Article 8 of the Rome Statute (allowing the Court to prosecute as a war crime the employment of certain poisonous weapons and expanding bullets, asphyxiating or poisonous gases, and all other liquids and materials, when such employment takes place in armed conflict not of an international character); and a resolution preserving in its current form Article 124, which allows new States Parties to exclude for seven years from the Court’s jurisdiction war crimes allegedly committed by its nationals or on its territory, but agreeing to review its provisions at the 14th session of the Assembly of States Parties.

Other notable resolutions adopted at the Conference include a resolution regarding the impact of the Rome Statute system on victims and affected communities; a resolution dealing with complementarity; and a resolution on the enforcement of sentences.

For more detailed information about the ICC Review Conference, check out the ASIL Insight by David Scheffer on this topic. See also the ASIL ICC Review Conference blog.

Source: ASIL

United Nations Security Council Presidential Statement on Israeli Operation against Gaza-Bound Aid Convoy (1 June 2010)

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In an emergency session, convened in the hours following the Israeli military operation in international waters against six ships carrying humanitarian aid to Gaza, which led to the death of ten civilians and the wounding of many others, the Security Council issued a presidential statement condemning the loss of life and expressing deep regrets regarding the use of force.

The Security Council also called for the “immediate release” of the seized ships and the civilians in Israeli custody. Finally, the Security Council called “for a prompt, impartial, credible and transparent investigation conforming to international standards.”

The blockade of Gaza, which was strengthened in 2007 when Hamas came into power, has been criticized by the international community, including the Security Council, as being unsustainable. Following a global outcry in the aftermath of the flotilla incident, Israel has reportedly eased the blockade, allowing necessary humanitarian aid to enter Gaza.

Source: ASIL

EU – US 2010 Declaration on Counterterrorism (3 June 2010)

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The United States and the European Union (including its Member States) have issued a declaration detailing several measures necessary in “forging a durable framework to combat terrorism within the rule of law.”

The declaration emphasizes the need to ensure that all measures taken by the two parties are “in accord with . . . fundamental values and with full respect for the sovereignty of nations and the rule of law.” Notably, both parties reaffirmed their commitment “to implement prohibitions on torture, as well as on cruel, inhuman and degrading treatment and punishment.” Also significant is the parties’ commitment to ensure that terrorist suspects receive a fair and effective trial, “within a legal framework that provides for meaningful due process rights.” Finally, the declaration stresses the need to avoid racial, ethnic, and/or religious discrimination in combating terrorism. With respect to this latter commitment, the Spanish Interior Minister Alfredo Rubalcaba, whose country currently chairs the European Union, declared that “[t]his declaration is a message to the Muslim world . . . . We will be firm in the defence of our values, but we will show our tolerance vis-à-vis other cultures.”

Source: ASIL