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ČESTMÍR ČEPELKA CYIL 7 ȍ2016Ȏ
into force for at least thirty (30) States Parties and, in addition, States Parties must
“activate” the Court’s jurisdiction through additional decisions to be taken only
after 1 January 2017 by a 2/3 majority of States Parties.5
2. Activation after 1 January 2017
In a few weeks, from 1 January 2017, the time comes for States Parties to decide
that the activation becomes true. Let’s hope that the required approval of the
commencement of the given jurisdiction of the ICC will be achieved in a short time.
As of June 2016, 30 States Parties have ratified (accepted), mostly by smaller States
– however none of power; perhaps apart from Germany (acceptance 3 June 2013)
with respect to its economic potential.
The amendments on the crime of aggression enter into force for each ratifying
State individually one year after the deposit of its instrument of ratification or
acceptance. With respect to a State Party which has not accepted the amendment,
the Court shall not exercise its jurisdiction regarding such a crime covered by the
said amendment when committed by that State Party’s nationals or on its territory.6
The Court may exercise jurisdiction with respect to crimes of aggression committed
only one year after the ratification or acceptance of the amendments by thirty States
Parties.7
It should as well be remembered that three (3) of the world powers and permanent
members of the United Nations Security Council, having veto power to shield
themselves and their allies (United States, China, Russia), are not affected because
they are not Parties to the Rome Statute of ICC. It does not matter whether such
a non-State Party was an aggressor, or the victim of aggression. Accountability and
deterrent effect are thus limited to the circle of States Parties only.8 The Russian
military adventure concerning Crimea and Eastern Ukraine is well known.9
Practically the same situation, but this one for States Parties, meaning no
jurisdiction over States Parties, exists if they have opted-out of aggression within
5 See Annex I, Article 15 bis
and Article 15 ter – Exercise of jurisdiction over the crime of aggression, paras 3 and 4. See as well
6 Art. 121-5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those
States Parties which have accepted the amendment one year after the deposit of their instruments
of ratification or acceptance. In respect of a State Party which has not accepted the amendment, the
Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed
by that State Party’s nationals or on its territory. See as well:
aggression (Activation of the Court‘s jurisdiction).
7 See note 4 above, Resolutions/RC-Res.6 – Annex I, Article 15 bis and Article 15 ter – Exercise of
jurisdiction over the crime of aggression, para 2.
8 Cf.
Court. Other significant States non-party of the Rome Statute: Israel, India, Korea North. Turkey et al.
9 See