My UN Presentation on the Aggression Amendments

by Kevin Jon Heller

I had the great honour last week of giving a presentation to ICC member-states about Art. 15bis and Art. 15ter of the aggression amendments — the conditions for the exercise of jurisdiction. The presentation was sponsored by the Assembly of States Parties (ASP) and organised by Austria, part of a series of presentations designed to prepare delegations to participate in the December meeting of the ASP, where the amendments are likely to be adopted (again).

I had a great time at the UN — the first time I had ever set foot in the building! The presentation itself went very well, but it was the subsequent discussion that was the standout. I found the delegations impressively knowledgeable about the aggression amendments, although it’s clear that they remain deeply divided over a number of critical issues concerning their interpretation. My presentation focused on what is perhaps the most controversial issue of all: which acts of aggression will be within the ICC’s jurisdiction once the crime of aggression is activated. Many delegations believe that member-states have to formally opt-out of the aggression amendments to be completely insulated from the Court’s jurisdiction, while others insist that states need only decline to accept the amendments. I did not take a position on that issue in my presentation — although I did during the discussion afterward. Instead, I simply laid out the stakes in the debate as clearly as possible, following up on two blog posts (here and here) I wrote on the issue a few years ago.

I am posting all of my UN materials here, in case readers are interested. They include the text of my presentation, the accompanying Powerpoint slides, and two tables that lay out the jurisdictional consequences of the so-called “negative” and “positive” understandings of Art. 121(5) of the Rome Statute, the key provision in the dispute.

Thoughts most welcome!

http://opiniojuris.org/2017/05/05/my-un-presentation-on-the-aggression-amendments/

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