Abstract
The Review Conference of the Rome Statute, which took place in Kampala (Uganda) between 31 May and 11 June 2010, certainly has been the highlight of the year 2010 for all those who take an interest in international criminal law. The Conference was prepared through numerous sessions of a Working Group on the Review Conference as well as a Special Working Group on the Crime of Aggression. The Working Group of the Review Conference discussed a substantial number of proposals from various national delegations, including a prohibition on the use of nuclear weapons and the introduction of terrorism and drug trafficking as international crimes. Eventually, only three proposals that were expected to have broad support were presented before the Assembly of States Parties. Of these, two were adopted by consensus. The most impressive and momentous breakthrough at Kampala was the adoption of a definition of the crime of aggression (Article 8bis of the ICC Statute) and an accompanying agreement on the circumstances under which the Court is to exercise its jurisdiction over this crime (Articles 15bis and 15ter ICC Statute). Although application of the greater part of the new provisions requires yet another affirmative vote of the Assembly of States Parties in 2017, the groundwork has been laid for what many observers had previously regarded as a highly improbable achievement towards the protection of peace through international criminal law. In this issue of the Journal, Claus Kreß, who was substantially involved in preparing and negotiating the breakthrough of Kampala, together with his co-author Leonie von Holtzendorff, gives a comprehensive insider’s account of the way toward the compromise and of the contents of the new articles of the Statute.
Published Version
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