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by consensus at the Review Conference of the Rome Statute held in Kampala, Uganda.
The jurisdiction of the Court over the crime of aggression requires 30 ratifications and the adoption by the ASP
As of March 2017 the following 32 states have ratified the Kampala Amendments on the crime of aggression:
Liechtenstein (8 May 2012), Samoa (25 September 2012), Trinidad and Tobago (13 November 2012),
Luxembourg (15 January 2013), Estonia (27 March 2013), Germany (3 June 2013), Botswana (4 June 2013),
Cyprus (25 September 2013), Slovenia (25 September 2013), Andorra (26 September 2013), Uruguay (26
September 2013), Belgium (26 November 2013), Croatia (20 December 2013), Slovakia (29 April 2014) Austria
(17 July 2014), Latvia (25 September 2014), Spain (26 September 2014), Poland (26 September 2014), San Marino
(21 September 2011 war crimes amendments-14 November 2014 Crime of Aggression Amendments), Georgia (5
December 2014), Malta (29 January 2015), Costa Rica (5 February 2015), Czech Republic (12 March 2015),
Switzerland (10 September 2015), Lithuania (7 December 2015), Finland (30 December 2015),El Salvador (3
March 2016), Iceland (17 June 2016), Palestine (26 June 2016), Chile and The Netherlands (26 September 2016),
Portugal (11 April 2017), Argentina (28 April 2017)
Q. What is the record of the ICC operations as of today?
A. Since the Rome Statute entered into force and the Court became operational, four State Parties have referred
their “situations” to the ICC: Uganda, Democratic Republic of Congo, Central African Republic, and Mali. The
UN Security Council has referred two situations to the Court: Darfur (Sudan) and Libya. Sudan’s situation was
adopted through Resolution 1593 adopted on 31 March 2005. The situation in Libya was adopted through
Resolution 1970 of 26 February 2011. Both resolutions have been adopted by the Security Council acting under
Chapter VII of the UN Charter. The resolution to refer the situation in Darfur to the ICC received a unanimous
The Prosecutor has been authorized by the ICC Pre-Trial Chambers to exercise proprio motu jurisdiction over three
situations: First two situations relate to alleged crimes committed in the course of the post-electoral violence in
Kenya (between December 2007- and January 2008) and in Côte d’Ivoire (between 2002 and 2010) and the third,
most recent, authorization concerns the situation in Georgia where crimes were allegedly committed in and
around South Ossetia between 1 July and 10 October 2008.
Unlike Kenya and Georgia, Côte d’Ivoire was not a State party to the Rome Statute when the alleged crimes
occurred. The ICC was therefore able to conduct the investigations and proceedings on the basis of the Côte
d’Ivoire`s ad hoc acceptance of the ICC jurisdiction under article 12(3) of the Statute, in 2003, which recognised
the Court`s jurisdiction to investigate and prosecute the alleged crimes committed since 19 September 2002. Côte
d’Ivoire ratified the Rome Statute in 2013.
The public information available on the status of the investigations and cases before the ICC may be summarised
as follows (it should be noted that investigations are generally conducted in a confidential manner and arrest
warrants may be sealed for security and protective reasons):
Other potential situations under the jurisdiction of the Court: Currently, the ICC Prosecutor is conducting
preliminary examinations and analysing alleged crimes committed in ten situations: Afghanistan, Burundi,
Colombia, Gabon, Guinea, Iraq/UK, Nigeria, Palestine, Registered vessels of Comoros, Greece and Cambodia,
and Ukraine. The Office of the Prosecutor concluded that there was no reasonable basis to proceed with an
investigation in Venezuela –on 9 February 2006-, Republic of Korea –on 23 June 2014- and Honduras –on 28
October 2015- and decided to close the preliminary examinations.
: Currently, the ICC Prosecutor is conducting preliminary examinations and analysing alleged crimes committed in
eight situations: Afghanistan, Burundi, Colombia, Guinea, Iraq, Nigeria, Palestine, and Ukraine. On 27 October
2015, the Office of the Prosecutor concluded that there was no reasonable basis to proceed with an investigation in
Honduras, and decided to close the preliminary examination.
Q. What does the “principle of complementarity” mean with respect to state sovereignty?
A. Since states retain primary jurisdiction to adjudicate genocide, war crimes, and crimes against humanity, the ICC
cannot act unless states are unwilling or unable to genuinely investigate or prosecute the specific case the
Prosecutor has built. Shielding someone from prosecution or lacking the means to pursue the alleged criminals
are objective factors the Court considers when deciding whether a case is admissible. States have the right to
challenge the admissibility of the case under the ICC during this process.
Q. How can “politically motivated prosecutions” be avoided within the ICC?
A. The Rome Statute contains strict procedural safeguards that prevent the irresponsible use of the Court for