Amendments to the Rome Statute of the International Criminal Court

Amendments to the Rome Statute of the International Criminal Court must be proposed, adopted, and ratified in accordance with articles 121 and 122 of the Statute. Any state party to the Statute can propose an amendment. The proposed amendment can be adopted by a two-thirds majority vote in either a meeting of the Assembly of States Parties or a review conference called by the Assembly. An amendment comes into force for all states parties one year after it is ratified by seven-eighths of the states parties. However, any amendment to articles 5, 6, 7, or 8 of the Statute only enters into force for states parties that have ratified the amendment. A state party which ratifies an amendment to articles 5, 6, 7, or 8 is subject to that amendment one year after ratifying it, regardless of how many other states parties have also ratified it. For an article 5, 6, 7, or 8 amendment, the Statute itself is amended after the amendment comes into force for the first state party to ratify it. Amendments of a purely institutional nature enter into force six months after they are approved by a two-thirds majority vote in either a meeting of the Assembly of States Parties or a review conference.

In June 2010, two amendments to the Rome Statute of the International Criminal Court were adopted by the Review Conference in Kampala, Uganda. The first amendment criminalizes the use of certain kinds of weapons in non-international conflicts whose use was already forbidden in international conflicts. The second amendment defines the crime of aggression. Per the language of that amendment, the Court will only have jurisdiction over the crime of aggression after two additional conditions are met: (1) the amendment has entered into force for 30 states parties and (2) on a date after 1 January 2017, the Assembly of States Parties has voted in favour of allowing the Court to exercise jurisdiction. In November 2015, an additional amendment to remove article 124 from the Statute was adopted during the 14th meeting of the Assembly of States Parties in The Hague in the Netherlands.

An amendment to article 8 was adopted on 10 June 2010 at the Review Conference of the Rome Statute in Kampala, Uganda. The amendment had originally been proposed by Belgium and it was forwarded to the Review Conference by the eighth session of the Assembly of States Parties.

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