The International Criminal Court review conference ongoing in Kampala, Uganda has this evening issued a high-level declaration in which the states parties reaffirmed their commitment to the Rome Statute and its full implementation and to its principles of universality and integrity.

By David Rupiny, Kampala

The declaration is, however, vague on the crime of aggression, a key issue being fronted by a number of states parties and activists.

Some of the key issues that have emerged are complemetarity, universality, the rights of victims and agreement on crime of aggression.

The flowery declaration basically mentions what has already been stated. For example, it reiterates the determination to put an end to impunity for perpetrators of the most serious crimes of international concern and that justice is a fundamental building block of sustainable peace.

It does state a resolve by the states parties to continue and strengthen effective domestic implementation of the statute to enhance the capacity of national jurisdictions to produce the perpetrators of the most serious crimes, hence underlining the principle of complementarity.

When it comes to the crime of aggression, over which there have been calls for an agreement, the declaration simply expresses the states parties firm commitment to work towards it.

“[Together we solemnly] express our firm commitment to work actively during the Review Conference towards a satisfactory outcome on the amendment proposals included in resolution ICC-ASP/8/Res.6, keeping in mind the mission the International Criminal Court is meant to accomplish in the international community,” the declaration states.

The implication seems to be that the crime of aggression is still work in progress, what with a deep wedge appearing between opponents of an agreement on the crime, led by the United States, and its proponents.
Cuba, for example, wants a crime of aggression to be determined exclusively by the ICC and not the UN Security Council.
Mariano M. Lores Betancourt, the Cuban Ambassador to Uganda, said Cuba wants the definition widened from an act of aggression by a state on another to include interference with political and territorial independence and sovereignity of another country.

Iran, a non-state party, says all states must agree on a definition of the crime of aggression, which it considers the key issue of the conference. It says as a victim of the crime of aggression in the 21st century, it wants crime of aggression entrenched in the Rome Statute to promote international peace and justice.

The Iran delegation describes the crime of aggression as “an abhorent crime” which is why the ICC must bring its perpetrators to book, whether or not other bodies like the Security Council agree. The delegation accuses the Security of being dominated by the political decisions
“How many times has the Security Council determined the crime of aggression, like in Palestine,” says the Iranian statement. “We believe that there should be no unique procedure for the prosecution of the crime of aggression and should be in line with other crimes under the Statute.”

The Kampala Declaration also resolved to continue and strengthen efforts to ensure full cooperation with the ICC especially in the areas of implementing legislation, enforcement of court decisions, execution of arrest warrants, conclusion of agreements and witness protection, and to express the states parties political and diplomatic support for the Court.

The two-page declaration invites states that are not yet parties to the Statute to become parties as soon as possible and reiterates the commitment to proactively promote universality and full implementation of the Statute.

It ends by declaring henceforth 17 July, the day of the adoption of the Rome Statute in 1998, as the Day of International Criminal Justice.