OUVRAGE : D. Vandermeersch, G. Dive, B. Goes (eds.), From Rome to Kampala: The First 2 Amendments to the Rome Statute

Catherine MAIA

The date of 17 July 1998, the day of the adoption of the Rome Statute of the International Criminal Court, will always be marked as one of the major events in the history of international law of the 20th Century. Entered into force on July 1st 2002, the Statute paved the way for the establishment of the first permanent criminal Court in human history. Today, ten years after its entry into force, the Statute has been ratified or acceded by 121 States, additional ratifications or accessions being foreseen in the near future.

The First Review Conference held in Kampala from 31 May to 11 June 2010 concluded its work by adopting the two first amendments to the Rome Statute: the first one relating to the list of war crimes falling within the jurisdiction of the Court in case of armed conflict not of an international character (the so-called “Belgian Amendment”); and the second, permitting to trigger the jurisdiction of the Court for the crime of aggression in the following years.

Seizing the opportunity of the celebration of the tenth anniversary of the entry into force of the Rome Statute, the Belgian Interdepartmental Commission for Humanitarian Law, established in 1987 with the support of the ICRC, has taken the initiative of organizing an international study day in Brussels, on June 5th 2012, entirely dedicated to the two first amendments to the Rome Statute.

This book presents the fruitful results of the works, thoughts and remarks displayed during this event by an impressive gathering of some of the most authorised international experts in the field.

TABLE OF CONTENTS

Foreword

Introductory statement

by Deputy Prime Minister and Minister of Foreign Affairs Didier REYNDERS

Definition, elements and entry into force of the crime of aggression

by Eric DAVID

The understandings regarding the amendments to the Rome Statute of the International Criminal Court on the crime of aggression

by Cedric RYNGAERT

Exercise of Jurisdiction and Entry Into Force of the Amendments on the Crime of Aggression

by Stefan BARRIGA

History of negotiations: from Rome to Kampala and the future; the procedure for drafting the amendments, where we stand today

by Paul RIETJENS

The First Amendment to the Rome Statute: Bringing Article 8 of the Rome Statute in line with International Humanitarian Law

by Anne-Marie LA ROSA

Appendix 1

Appendix 2

Annex – Examples of State Practice on the Prohibitions on the use of Gas, Poison and Expanding Bullets in Non-International Armed Conflicts

Concluding Statement

by Deputy Prime Minister and Minister of Social Affairs and Public Health

Laurette ONKELINX

Questions and Answers

Annex 1 – Programme

Annex 2 – List of Participants

Damien VANDERMEERSCH, Gérard DIVE, Benjamin GOES (eds.), From Rome to Kampala: The First 2 Amendments to the Rome Statute, Bruxelles, Bruylant, 2012 (120 pp.)
 

Damien Vandermeersch est avocat général à la Cour de cassation, professeur à l'Université catholique de Louvain et aux Facultés universitaires Saint-Louis.

Gérard Dive est chef de la section droit international humanitaire au SPF Justice.

Benjamin Goes est conseiller à la Chancellerie du Premier ministre, président du groupe de travail “Communication” de la Commission interministérielle de droit humanitaire.