08 June 2010

New Documents

The Coordinator of the Working Group on the Crime of Aggression, Prince Zeid, has prepared a revised Conference Room Paper (Rev.2). There is a structural change to draft article 15 bis, although the substance is the same. So there are now two articles to follow article 15. Article 15bis governs prosecutions for aggression triggered by the Prosecutor or by a State Party. Article 15ter governs prosecutions for aggression triggered by the Security Council.
In addition, the first operative paragraph of the resolution is changed as follows:
1. Decides to adopt the amendments to the Rome Statute of the International Criminal Court (hereinafter: “the Statute”) contained in annex I of the present resolution, which are subject to ratification or acceptance and shall enter into force in accordance with article 121, paragraph [4 / 5] of the Statute [except for amendment 3, which shall enter into force in accordance with article 121, paragraph 4, of the Statute];2

2 The suggestion has been made that all amendments could enter into force for the Court immediately upon adoption by the Review Conference, in accordance with article 5, paragraph 2 of the Statute, while entering into force for States Parties one year after their respective ratification in accordance with article 121, paragraph 5, of the Statute. Consequently, the Court could receive Security Council referrals in principle immediately after adoption, while proprio motu investigations and State referrals would depend on the necessary ratifications.
These changes, which seem to flow from ideas in the ABS draft that we discussed yesterday, will be explained to us by Zeid later this morning.
Later today, we are also to adopt the various documents that emerged from the 'stocktaking' exercise of last week. Yesterday, we were given three draft documents. The 'peace and justice' session has been summarized in summary by the chair. For the 'cooperation' session, there are two documents: a summary and a declaration. As for the other two sessions, we already have draft resolutions that were agreed to at the March meeting of the Assembly of States Parties on complementarity and on victims.

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