134-725: The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome , Italy on 17 July 1998 and it entered into force on 1 July 2002. As of October 2024, 125 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure . The Rome Statute established four core international crimes: genocide , crimes against humanity , war crimes , and
268-436: A preemptory norm ( jus cogens ) , such as permitting a war of aggression or crimes against humanity. A treaty is an official, express written agreement that states use to legally bind themselves. It is also the objective outcome of a ceremonial occasion that acknowledges the parties and their defined relationships. There is no prerequisite of academic accreditation or cross-professional contextual knowledge required to publish
402-425: A war of aggression , or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing. The International Military Tribunal agreed with the prosecution that aggression was the gravest charge against the accused, stating in its judgement that because war in general is evil, "To initiate a war of aggression, therefore,
536-407: A "manifest violation" is required such that it would be "objectively evident to any State dealing with the matter". A strong presumption exists internationally that a head of state has acted within his proper authority. It seems that no treaty has ever actually been invalidated on this provision. Consent is also invalid if it was given by a representative acting outside their restricted powers during
670-554: A State Party requests an investigation. Otherwise, the Prosecutor must seek authorization from a Pre-Trial Chamber of three judges to begin an investigation proprio motu (on its own initiative). The only type of immunity the ICC recognizes is that it cannot prosecute those under 18 when the crime was committed. In particular, no officials – not even a head of state – are immune from prosecution. The Rome Statute established three bodies:
804-516: A binding international agreement on several grounds. For example, the Japan–Korea treaties of 1905, 1907, and 1910 were protested by several governments as having been essentially forced upon Korea by Japan; they were confirmed as "already null and void " in the 1965 Treaty on Basic Relations between Japan and the Republic of Korea . If an act or lack thereof is condemned under international law,
938-455: A broader conception, including other acts of aggression that have broad-ranging and severe consequences. Aggression requires both a mens rea and actus reus . In terms of mens rea , Israeli jurist Yoram Dinstein argues that aggression can only be committed by a few high state officials who decide to wage aggressive war, and any subordinates who know in advance that their plans will be used to wage an aggressive war. Other jurists require
1072-499: A change is sufficient if unforeseen, if it undermined the "essential basis" of consent by a party if it radically transforms the extent of obligations between the parties, and if the obligations are still to be performed. A party cannot base this claim on change brought about by its own breach of the treaty. This claim also cannot be used to invalidate treaties that established or redrew political boundaries. Cartels ("Cartells", "Cartelle" or "Kartell-Konventionen" in other languages) were
1206-677: A conspiracy was held responsible for all others acting in the same conspiracy. All of the conspiracy charges related to crimes against peace alleged that the conspiracy sought to "secure military, naval, political and economic domination of East Asia and of the Pacific and Indian Oceans, and of all countries and islands therein and bordering thereon" by "wag[ing] declared or undeclared war or wars of aggression, and war or wars in violation of international law, treaties, agreements and assurances, against any country or countries which might oppose that purpose." The conspiracy charges were partly successful as
1340-421: A crime against individuals who are killed or harmed as a result of war. Warfare has been part of human experience since the beginning of human history. The criminalization of aggression is of recent origin, dating to after World War II , but the idea of aggression as a grave moral transgression and violation of the international order dates back much farther. Just war theory , over the centuries, held that
1474-435: A crime primarily against individuals who are killed or harmed as a result of war. Philosopher Larry May maintains that serious aggressions, entailing loss of life, can be subsumed under the category of crimes against humanity. Conversely, a war cannot be justified by a minor violation of territorial integrity, and a violation of territorial integrity that does not involve serious human rights violations cannot be considered
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#17327755960381608-444: A criminal act of aggression. This conception of aggression could also allow for humanitarian intervention . The traditional view is that only decision-makers can be held criminally responsible for aggression, rather than lower-level military personnel and ordinary soldiers. In recent times, some have considered whether soldiers who knowingly participate in a war of aggression incur moral or should incur legal liability. Soldiers have
1742-566: A definition of the crime of aggression, thereby allowing the ICC to exercise jurisdiction over the crime for the first time. It also adopted an expansion of the list of war crimes. Amendments to the statute were proposed to implement these changes. As of October 2024, 125 states are parties to the Statute of the Court , including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa. Burundi and
1876-518: A formal international tribunal with jurisdiction over acts of aggression. In 1944, Trainin proposed that the Nazi leaders could be dealt with either with a tribunal or by "the political verdict of the victorious democratic States". At the time, the Soviet Union still perceived itself as vulnerable to international aggression, which motivated its interest in criminalizing aggression. Although there
2010-734: A general dispute resolution mechanism, many treaties specify a process outside the convention for arbitrating disputes and alleged breaches. This may by a specially convened panel, by reference to an existing court or panel established for the purpose such as the International Court of Justice , the European Court of Justice or processes such as the Dispute Settlement Understanding of the World Trade Organization . Depending on
2144-469: A general framework for the development of binding greenhouse gas emission limits, followed by the Kyoto Protocol contained the specific provisions and regulations later agreed upon. Treaties may be seen as "self-executing", in that merely becoming a party puts the treaty and all its obligations in action. Other treaties may be non-self-executing and require "implementing legislation"—a change in
2278-430: A large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion , military occupation , annexation by the use of force, bombardment , and military blockade of ports. In general, committing an act of aggression
2412-522: A matter could compromise its legitimacy. A prosecution by the ICC is unlikely because of the narrow scope of the crime and limited jurisdiction. The ICC's jurisdiction over aggression was activated on 17 July 2018 after a decision by two-thirds of states parties. As of 17 March 2022, 43 State Parties have ratified or acceded to the amendments on the crime of aggression to the Rome Statute. Wars of aggression entail "legally unjustified killing that
2546-602: A permanent international tribunal to prosecute individuals accused of genocide and other serious international crimes , such as crimes against humanity , war crimes and crimes of aggression , the United Nations General Assembly convened a five-week diplomatic conference in Rome in June 1998 "to finalize and adopt a convention on the establishment of an international criminal court". The Rome Statute
2680-528: A person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations". The criminal prosecution of aggression is limited to the most serious acts of state aggression; non-state aggression, an even more disputed concept,
2814-510: A previous treaty or international agreement. A protocol can amend the previous treaty or add additional provisions. Parties to the earlier agreement are not required to adopt the protocol, and this is sometimes made explicit, especially where many parties to the first agreement do not support the protocol. A notable example is the United Nations Framework Convention on Climate Change (UNFCCC), which established
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#17327755960382948-506: A resolution affirming the criminality of "waging aggressive war" and stating that it was not just the aggression of the Axis powers that was a crime, but aggression in general. Crimes against peace, devised by the Allies as a temporary solution, soon exhausted their usefulness and were abandoned by 1950. In the early 1950s, attempts to codify the crime of aggression in a "Code of Offences Against
3082-474: A right and a responsibility to refuse to commit war crimes, but in general the right to refuse to fight an illegal war is not recognized. International law scholar Tom Dannenbaum argues that soldiers should have a right not to fight in illegal wars, and those who refuse to do so should be recognized as refugees. One controversial issue is whether waging aggressive war inherently violates the right to life guaranteed in international human rights law . In 2019,
3216-404: A single very long sentence formatted into multiple paragraphs for readability, in which each of the paragraphs begins with a gerund (desiring, recognizing, having, etc.). The High Contracting Parties—referred to as either the official title of the head of state (but not including the personal name), e.g. His Majesty The King of X or His Excellency The President of Y , or alternatively in
3350-422: A special intent, in the form of seeking to "achieve territorial gains, or to obtain economic advantages, or to interfere with the internal affairs" of the state that is aggressed. After 1948, many states passed statute law criminalizing aggression, with different variations in prohibited conduct. Dinstein has argued that national prosecutions for aggression are undesirable as "the nature of crimes against peace
3484-464: A special kind of treaty within the international law of the 17th to 19th centuries. Their purpose was to regulate specific activities of common interest among contracting states that otherwise remained rivals in other areas. They were typically implemented on an administrative level . Similar to the cartels for duels and tournaments , these intergovernmental accords represented fairness agreements or gentlemen's agreements between states . In
3618-464: A treaty requires implementing legislation, a state may default on its obligations due to its legislature failing to pass the necessary domestic laws. The language of treaties, like that of any law or contract, must be interpreted when the wording does not seem clear, or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance. The Vienna Convention states that treaties are to be interpreted "in good faith" according to
3752-455: A treaty, the eschatocol (or closing protocol), is often signaled by language such as "in witness whereof" or "in faith whereof", followed by the words "DONE at", then the site(s) of the treaty's execution and the date(s) of its execution. The date is typically written in its most formal, non-numerical form; for example, the Charter of the United Nations reads "DONE at the city of San Francisco
3886-400: A treaty. However, since the late 19th century, most treaties have followed a fairly consistent format. A treaty typically begins with a preamble describing the "High Contracting Parties" and their shared objectives in executing the treaty, as well as summarizing any underlying events (such as the aftermath of a war in the case of a peace treaty ). Modern preambles are sometimes structured as
4020-495: A treaty. For example, within the United States, agreements between states are compacts and agreements between states and the federal government or between agencies of the government are memoranda of understanding . Another situation can occur when one party wishes to create an obligation under international law, but the other party does not. This factor has been at work with respect to discussions between North Korea and
4154-436: A war fought for territorial aggrandizement was unjust, and that just wars are fought only for self-defense, or in defense of allies, against such aggression. The philosophical basis for the criminalization of aggression derives from eighteenth-century theorist Emer de Vattel , although Vattel did not envision formal trials for aggression, simply the execution of wrongdoers. Early modern just war theorists conceived aggression as
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4288-484: A war of aggression, or a war of violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing. The main Nuremberg trial only considered the conspiracy to commit crimes against peace against Austria and Czechoslovakia, ruling that these relatively bloodless invasions were not wars of aggression. The slightly different wording of
4422-479: Is a leadership crime that can only be committed by those with the power to shape a state's policy of aggression, as opposed to those who discharge it. The philosophical basis for the wrongness of aggression is found in just war theory , in which waging a war without a just cause for self-defense is unjust. In the wake of the German invasion of the Soviet Union during World War II , Soviet jurist Aron Trainin made
4556-421: Is binding under international law. A treaty may also be known as an international agreement , protocol , covenant , convention , pact , or exchange of letters , among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary in their obligations (the extent to which states are bound to the rules), precision (the extent to which
4690-460: Is considered a peremptory norm in customary law, such that it is binding on states that are not members of the United Nations. The most important provision in the UN Charter is Article 2(4): "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with
4824-476: Is excluded. The Rome Statute also restricts the crime of aggression to leaders of a state who have the power to determine a state's policy, excluding even high-ranking officials or generals who carry out a war of aggression. Thus, the crime of aggression is distinguished from the act of aggression, defined in the Rome Statute by the amendments of the 2010 Kampala Review Conference as follows: 2. For
4958-467: Is exhaustive. The International Criminal Court may only prosecute an act of aggression if the aggressing state has accepted its jurisdiction over the crime of aggression, or following a referral from the Security Council . Critics argue that the ICC should not prosecute aggression; a prominent criticism is that justified war is a political determination, and the involvement of a court in such
5092-423: Is individual criminal liability for aggression. It is generally agreed by scholars of international criminal law that the crime of aggression is part of international customary law , but there is no agreement on the exact scope of aggression that is covered in customary law. This threshold is probably high, in order to distinguish criminal aggression from other acts of aggression. According to Antonio Cassese ,
5226-415: Is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole." These words, originally written in a letter by British judge Robert Wright , have been widely quoted. The judgement found that there was a premeditated conspiracy to commit crimes against peace, whose goals were "the disruption of
5360-504: Is one of the core crimes in international criminal law , alongside genocide , crimes against humanity , and war crimes . In 1946, the International Military Tribunal ruled that aggression was "the supreme international crime" because "it contains within itself the accumulated evil of the whole". The standard view is that aggression is a crime against the state that is attacked, but it can also be considered
5494-428: Is otherwise anomalously non-criminal at both the international and national levels: the killing of combatants and proportionate collateral civilians through a manifestly illegal use of international force". The standard view is that aggression is a crime against the state that is attacked. The Rome Statute definition of aggression does not technically require harm to individuals, but the relatively bloodless invasion of
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5628-467: Is some dispute over the identity of the seven countries that voted against the treaty. It is certain that the People's Republic of China, Israel, and the United States were three of the seven because they have publicly confirmed their negative votes. India, Indonesia, Iraq, Libya, Qatar, Russia, Saudi Arabia, Sudan, and Yemen have been identified by various observers and commentators as possible sources for
5762-493: Is such that no domestic proceedings can conceivably dispel doubts regarding the impartiality of the judges." Aggression can be tried under universal jurisdiction . In 1998, at the Rome Conference that adopted the Rome Statute of the International Criminal Court ("the Statute"), the crime was included as one of the crimes within the jurisdiction of the Court (Article 5.1) and over which any State that becomes party to
5896-517: Is the result of multiple attempts for the creation of a supranational and international tribunal. At the end of the 19th century, the international community took the first steps toward the institution of permanent courts with supranational jurisdiction. With the Hague International Peace Conferences of 1899 and 1907, representatives of the most powerful nations made an attempt to harmonize laws of war and to limit
6030-454: The Czech lands in 1939 was not prosecuted at Nuremberg. Some severe violations of state sovereignty (such as foreign electoral interference aiming at regime change ) are not criminalized as aggression, while lesser infringements involving military force can be criminalized. It is debatable whether prohibiting aggression protects state sovereignty or circumscribes it. Others see aggression as
6164-414: The International Court of Justice . This was done to prevent the practice of secret treaties , which proliferated in the 19th and 20th centuries and often precipitated or exacerbated conflict. Article 103 of the Charter also states that its members' obligations under the Charter outweigh any competing obligations under other treaties. After their adoption, treaties, as well as their amendments, must follow
6298-824: The Netherlands , the United Kingdom and the United States of America . During its 52nd session, the UN General Assembly decided to convene a diplomatic conference "to finalize and adopt a convention on the establishment of an international criminal court". The conference was convened in Rome from 15 June to 17 July 1998. It was attended by representatives from 161 member states, along with observers from various other organizations, intergovernmental organizations and agencies, and non-governmental organizations (including many human rights groups) and
6432-479: The Philippines were member states, but later withdrew effective 27 October 2017 and 17 March 2019, respectively. A further 29 countries have signed but not ratified the Rome Statute. The law of treaties obliges these states to refrain from "acts which would defeat the object and purpose" of the treaty until they declare they do not intend to become a party to the treaty. Four signatory states—Israel in 2002,
6566-645: The Single Convention on Narcotic Drugs provides that the treaty will terminate if, as a result of denunciations, the number of parties falls below 40. Many treaties expressly forbid withdrawal. Article 56 of the Vienna Convention on the Law of Treaties provides that where a treaty is silent over whether or not it can be denounced there is a rebuttable presumption that it cannot be unilaterally denounced unless: The possibility of withdrawal depends on
6700-482: The United Nations , for which they often provide a governing framework. Treaties serve as primary sources of international law and have codified or established most international legal principles since the early 20th century. In contrast with other sources of international law, such as customary international law , treaties are only binding on the parties that have signed and ratified them. Notwithstanding
6834-483: The United States on 6 May 2002, Sudan on 26 August 2008, and Russia on 30 November 2016—have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of the Statute. Forty-one additional states have neither signed nor acceded to the Rome Statute. Some of them, including China and India , are critical of
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#17327755960386968-400: The Vienna Convention on the Law of Treaties if the representative is the head of state, head of government or minister of foreign affairs , no special document is needed, as holding such high office is sufficient. The end of the preamble and the start of the actual agreement is often signaled by the words "have agreed as follows". After the preamble comes numbered articles, which contain
7102-426: The crime of aggression . Those crimes "shall not be subject to any statute of limitations ". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The jurisdiction of the court is complementary to jurisdictions of domestic courts. The court has jurisdiction over crimes only if they are committed in
7236-461: The early modern era . The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by the widespread use of treaties. The 1969 Vienna Convention on the Law of Treaties codified these practices and established rules and guidelines for creating, amending, interpreting, and terminating treaties, and for resolving disputes and alleged breaches. Treaties are roughly analogous to contracts in that they establish
7370-404: The "ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose". International legal experts also often invoke the "principle of maximum effectiveness", which interprets treaty language as having the fullest force and effect possible to establish obligations between the parties. No one party to a treaty can impose its particular interpretation of
7504-642: The 1928 Kellogg–Briand Pact did not contain any suggestion that war was criminal, it was cited as a precedent for the prosecution of German and Japanese leaders for waging aggressive wars after World War II. Invasions during World War II led to new thinking on aggression. Soviet criminologist Aron Naumovich Trainin developed the ideas that were used to criminalize aggressive war, although he did not attract international attention until 1943. Others making similar proposals included Hersch Lauterpacht , Marcel de Baer , and Bohuslav Ečer . Trainin argued that although material and political responsibility rested with
7638-547: The 1940s. It is generally accepted that the crime of aggression exists in international customary law . The definitions and the conditions for the exercise of jurisdiction over this crime by the International Criminal Court were adopted in 2010 at the Kampala Review Conference by the states parties to the court . Aggression is criminalized according to the statute law of some countries, and can be prosecuted under universal jurisdiction . Aggression
7772-461: The Court. The Rome Statute outlines the ICC's structure and areas of jurisdiction. The ICC can prosecute individuals (but not states or organizations) for four kinds of crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. These crimes are detailed in Articles 6, 7, 8, and 8 bis of the Rome Statute, respectively. They must have been committed after 1 July 2002, when
7906-674: The European order as it had existed since the Treaty of Versailles " and "the creation of a Greater Germany beyond the frontiers of 1914 ". The planning of aggression was traced to Hitler's 1925 book Mein Kampf and specific secret meetings held on 5 November 1937 , 23 May 1939, 22 August 1939 , and 23 November 1939. The court considered the planning of acts of aggression against Austria and Czechoslovakia , as well as wars of aggressions against Poland , Denmark and Norway , Belgium ,
8040-761: The ICC itself, the Assembly of States Parties (ASP), and the Trust Fund for Victims. The ASP has two subsidiary bodies. These are the Permanent Secretariat, established in 2003, and an elected Bureau which includes a president and vice-president. The ICC itself has four organs: the Presidency (with mostly administrative responsibilities); the Divisions (the Pre-Trial, Trial, and Appeals judges);
8174-402: The International Criminal Court and, after hearing the conclusions, a Preparatory Committee that worked on the draft for two years from 1996 to 1998. Meanwhile, the United Nations created the ad hoc tribunals for the former Yugoslavia ( ICTY ) and for Rwanda ( ICTR ) using statutes—and amendments due to issues raised during pre-trial or trial stages of the proceedings—that are quite similar to
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#17327755960388308-427: The Law of Treaties and customary international law , treaties are not required to follow any standard form. Nevertheless, all valid treaties must comply with the legal principle of pacta sunt servanda (Latin: "agreements must be kept"), under which parties are committed to perform their duties and honor their agreements in good faith . A treaty may also be invalidated, and thus rendered unenforceable, if it violates
8442-457: The Ministries trial. Nevertheless, the trials helped clarify the scope of aggression as a criminal offense, defining its four necessary elements as "a state act of aggression; sufficient authority to satisfy the leadership requirement; participation in the planning, preparing, initiating or waging of the aggressive act; and mens rea ". The Tokyo Charter defined crimes against peace as
8576-784: The Netherlands and Luxembourg , Yugoslavia , Greece , and the Soviet Union , as well as the declaration of war on the United States and prior encouragement of Japanese aggression against the United States . Although the court did not rule on acts of aggression short of war, it does not preclude the criminality of aggression for less large-scale actions than World War II. All 22 defendants were charged with crimes against peace, and 12 were convicted: Hermann Göring , Rudolf Hess , Joachim von Ribbentrop , Wilhelm Keitel , Alfred Rosenberg , Wilhelm Frick , Walther Funk , Karl Dönitz , Erich Raeder , Alfred Jodl , Arthur Seyss-Inquart , and Konstantin von Neurath . The Nuremberg verdict
8710-569: The Office of the Prosecutor; and the Registry (whose role is to support the other three organs). The functions of these organs are detailed in Part 4 of the Rome Statute. Any amendment to the Rome Statute requires the support of a two-thirds majority of the states parties, and an amendment (except those amending the list of crimes) will not enter into force until it has been ratified by seven-eighths of
8844-459: The Peace and Security of Mankind" stalled. After the 1940s, other crimes against international law, especially genocide and crimes against humanity , took priority over aggression. Maintenance of international peace and stability is a major function of the international order, and the Charter of the United Nations prohibits acts of aggression against other states. The prohibition of aggression
8978-610: The Purposes of the United Nations." "Force" refers to armed or military force, defined broadly: it can refer to conventional armies or irregular forces. Although not explicitly stated in the UN Charter, the conventional view is that only state actors can commit aggression. Although self-defense is an exception to the prohibition of force, claims of preventive self-defense are largely rejected, while claims of pre-emptive self defense are "more well-founded". On 14 December 1974, United Nations General Assembly Resolution 3314 elaborated on
9112-495: The Rome Statute came into effect. The ICC has jurisdiction over these crimes in three cases: first, if they took place on the territory of a State Party; second, if they were committed by a national of a State Party; or third, if the crimes were referred to the Prosecutor by the UN Security Council. The ICC may begin an investigation before issuing a warrant if the crimes were referred by the UN Security Council or if
9246-524: The Rome Statute. The UN’s International Law Commission (ILC) considered the inclusion of the crime of ecocide to be included within the Draft Code of Crimes Against the Peace and Security of Mankind, the document which later became the Rome Statute. Article 26 (crime against the environment) was publicly supported by 19 countries in the Legal Committee but was removed due to opposition from
9380-572: The Soviet Union invaded Finland , leading to a peace treaty on unfavorable terms in 1940. During the Continuation War , Finland managed to retake its ceded territory and progressed further to the areas of Soviet Union that had never been part of Finland. In 1944, the war turned against Finland, which signed an armistice on even less favorable terms. The Allied Control Commission in Finland insisted on holding trials for aggression during
9514-520: The Statute accepts the Court's jurisdiction (Article 12.1). Participants to the Rome Conference could not agree on the definition of the crime nor on further conditions for the Court's exercise of jurisdiction; the Statute did not allow the Court to exercise such jurisdiction until these outstanding issues were solved (Article 5.2). At the 2010 Review Conference ("the Conference"), States Parties agreed by consensus to adopt resolution RC/Res.6 accepting
9648-590: The Swiss ("on the one part") and the EU and its member states ("on the other part"). The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU and its member states. A multilateral treaty is concluded among several countries, establishing rights and obligations between each party and every other party. Multilateral treaties may be regional or may involve states across
9782-612: The United Nations headquarters in New York City, bringing the total number of signatories to sixty, which was the minimum number required to bring the statute into force, as defined in Article 126. The treaty entered into force on 1 July 2002; the ICC can only prosecute crimes committed on or after that date. The states parties held a Review Conference in Kampala , Uganda from 31 May to 11 June 2010. The Review Conference adopted
9916-533: The United States over security guarantees and nuclear proliferation . The definition of the English word "treaty" varies depending on the legal and political context; in some jurisdictions, such as the United States, a treaty is specifically an international agreement that has been ratified, and thus made binding, per the procedures established under domestic law. While the Vienna Convention provides
10050-638: The United States, cartels governed humanitarian actions typically carried out by cartel ships were dispatched for missions, such as to carry communications or prisoners between belligerents . From the European history, a broader range of purposes is known. These "cartels" often reflected the cohesion of authoritarian ruling classes against their own unruly citizens. Generally, the European governments concluded - while curbing their mutual rivalries partially - cooperation agreements, which should apply generally or only in case of war: The measures against criminals and unruly citizens were to be conducted regardless of
10184-417: The act will not assume international legality even if approved by internal law. This means that in case of a conflict with domestic law, international law will always prevail. A party's consent to a treaty is invalid if it had been given by an agent or body without power to do so under that state's domestic laws . States are reluctant to inquire into the internal affairs and processes of other states, and so
10318-436: The amendments to the Statute adding the definition of the crime and the conditions for the exercise of jurisdiction over this crime. Aggression is one of the core crimes in international criminal law , alongside genocide , crimes against humanity , and war crimes . Under the Rome Statute, as amended in the 2010 Kampala Review Conference , the crime of aggression "means the planning, preparation, initiation or execution, by
10452-402: The content of the treaty itself. Invalidation is separate from withdrawal, suspension, or termination (addressed above), which all involve an alteration in the consent of the parties of a previously valid treaty rather than the invalidation of that consent in the first place. Crime of aggression A crime of aggression or crime against peace is the planning, initiation, or execution of
10586-470: The country to apprehend and bring to trial people accused of "war crimes and crimes against peace and humanity". Consequently, on 18 August 1947, Romania issued its "Law for the Prosecution and Punishment of Those Guilty of War Crimes or Crimes against Peace or Humanity". At least 8 members of the wartime government of Ion Antonescu were sentenced in 1949 for crimes against peace, although one of them
10720-582: The crimes against peace, the Finnish trials charged those who joined the government after 1941 and rejected peace offers from the Soviet Union. Initially seven were convicted and the ambassador was acquitted; the judgement was revised to convict all the defendants with harsher penalties, up to ten years imprisonment with hard labor . The convicts were treated leniently in prison and all were released by 1949. The Nuremberg Charter defined crimes against peace as planning, preparation, initiation or waging of
10854-523: The customary criminalization of aggression covers "planning, or organizing, or preparing, or participating in the first use of armed force by a State against the territorial integrity and political independence of another State in contravention of the UN Charter, provided the acts of aggression concerned have large-scale and serious consequences". Gerhard Werle and Florian Jessberger argue that wars of aggression are criminalized under customary law, but not acts of aggression falling short of war. Others argue for
10988-472: The dates on which the respective parties ratified the treaty and on which it came into effect for each party. Bilateral treaties are concluded between two states or entities. It is possible for a bilateral treaty to have more than two parties; for example, each of the bilateral treaties between Switzerland and the European Union (EU) has seventeen parties: The parties are divided into two groups,
11122-477: The definition of crimes against peace to the actions of their defeated enemies during World War II. Almost all the trials for crimes against peace took place between November 1945 and November 1948, though in some cases such as Romania they extended into 1949; no one has been prosecuted for aggression before or since. The courts faced the challenge, first of proving the criminality of acts of aggression, and secondly in tying such acts to individuals. In 1939,
11256-588: The definition of the crime of aggression , that were only solved with diplomatic assemblies in the years following the statute's coming into force. The geopolitical tensions of the Cold War also contributed to the delays. In December 1989, Trinidad and Tobago asked the General Assembly to re-open the talks for the establishment of an international criminal court and in 1994 presented a draft statute. The General Assembly created an ad hoc committee for
11390-418: The domestic law of a state party that will direct or enable it to fulfill treaty obligations. An example of a treaty requiring such legislation would be one mandating local prosecution by a party for particular crimes. The division between the two is often unclear and subject to disagreements within a government, since a non-self-executing treaty cannot be acted on without the proper change in domestic law; if
11524-683: The first successful proposal to criminalize aggression. The Charter of the International Military Tribunal provided criminal liability for waging aggressive war, which was the main focus of the Nuremberg trial . Other participants in World War II were tried for aggression in Finland , Poland, China, the subsequent Nuremberg trials , and the Tokyo trial . No one has been prosecuted for aggression either before or since
11658-535: The first wrong committed against another country, rather than the first military strike. Hugo Grotius , often considered the founder of international law , saw the principal wrong in aggression in the violation of individual rights. In 1815, Napoleon was outlawed "as an Enemy and Disturber of the tranquillity of the World" in what was considered an "Exception to general rules of the Law of Nations ". After World War I ,
11792-407: The form of " Government of Z "—are enumerated, along with the full names and titles of their plenipotentiary representatives; a boilerplate clause describes how each party's representatives have communicated (or exchanged) their "full powers" (i.e., the official documents appointing them to act on behalf of their respective high contracting party) and found them in good or proper form. However, under
11926-466: The judges accepted that there was a joint conspiracy to wage aggressive war from 1928 to 1945. The judgement summarizes the rise of Japanese militarism in the 1930s leading up to the Conference of 11 August 1936 in which an expansionist policy was decided. In 1937, Japan invaded China and in 1938–1939 it prepared for war with the Soviet Union. The 1947 treaty of peace with Romania obliged
12060-469: The judiciary and was rejected by the United States. Instead, the League of Nations had the mandate of maintaining international peace. Interwar treaties criminalizing aggression were proposed but not ratified, and there was no progress towards the criminalization of aggression. Aggressive war became progressively delegitimized but was not considered illegal under international customary law . Although
12194-400: The legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification, i.e., "a party cannot add a reservation after it has already joined a treaty". Article 19 of the Vienna Convention on the law of Treaties in 1969. Originally, international law was unaccepting of treaty reservations, rejecting them unless all parties to the treaty accepted
12328-404: The legal obligations of states, one party to the original treaty and one party to the amended treaty, the states will only be bound by the terms they both agreed upon. Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical change in customary international law can also amend a treaty, where state behavior evinces a new interpretation of
12462-434: The legal obligations under the treaty. Minor corrections to a treaty may be adopted by a procès-verbal ; but a procès-verbal is generally reserved for changes to rectify obvious errors in the text adopted, i.e., where the text adopted does not correctly reflect the intention of the parties adopting it. In international law and international relations, a protocol is generally a treaty or international agreement that supplements
12596-445: The meaning in context, these judicial bodies may review the preparatory work from the negotiation and drafting of the treaty as well as the final, signed treaty itself. One significant part of treaty-making is that signing a treaty implies a recognition that the other side is a sovereign state and that the agreement being considered is enforceable under international law. Hence, nations can be very careful about terming an agreement to be
12730-434: The nationality and origin of the relevant persons. If necessary, national borders could be crossed by police forces of the respective neighboring country for capture and arrest . In the course of the 19th century, the term "cartel" (or "Cartell") gradually disappeared for intergovernmental agreements under international law. Instead, the term "convention" was used. An otherwise valid and agreed upon treaty may be rejected as
12864-411: The negotiations, if the other parties to the treaty were notified of those restrictions prior to his or her signing. Articles 46–53 of the Vienna Convention on the Law of Treaties set out the only ways that treaties can be invalidated—considered unenforceable and void under international law. A treaty will be invalidated due to either the circumstances by which a state party joined the treaty or due to
12998-694: The offense in Law No. 10 allowed the invasions of these countries to be counted as substantive crimes against peace, and ultimately two defendants were convicted for their role in these invasions. Chief prosecutor Telford Taylor was skeptical about prosecuting aggression, but ultimately charged defendants in four of the subsequent Nuremberg trials : the IG Farben trial , Krupp trial , High Command trial , and Ministries trial . Of 66 defendants charged with aggression, only three were convicted ( Hans Lammers , Wilhelm Keppler , and Paul Koerner ), all of them during
13132-600: The official legal procedures of the United Nations, as applied by the Office of Legal Affairs , including signature, ratification and entry into force . In function and effectiveness, the UN has been compared to the United States federal government under the Articles of Confederation . Reservations are essentially caveats to a state's acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify
13266-408: The option to accept those reservations, object to them, or object and oppose them. If the state accepts them (or fails to act at all), both the reserving state and the accepting state are relieved of the reserved legal obligation as concerns their legal obligations to each other (accepting the reservation does not change the accepting state's legal obligations as concerns other parties to the treaty). If
13400-470: The other four negative votes, with Iraq, Libya, Qatar, and Yemen being the four most commonly identified. Explanations of Vote was publicly declared by India, Uruguay, Mauritius, Philippines, Norway, Belgium, United States, Brazil, Israel, Sri Lanka, China, Turkey, Singapore, and the United Kingdom. On 11 April 2002, ten countries ratified the statute at the same time at a special ceremony held at
13534-467: The planning, preparation, initiation or waging of a declared or undeclared war of aggression, or a war in violation of international law, treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing. The charge of aggression was central to the trial; 36 out of 55 counts were for crimes against peace. The judgement in the Tokyo Trial
13668-664: The prohibition of the use of force in the UN Charter. Although not legally binding, it influenced the Rome Statute's definition of aggression. Resolution 3314 generally defines aggression as "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition". It includes an incomplete list of acts of aggression and confirms that aggression are committed by one state against another, excluding non-state actors. The resolution also refers to "crime of aggression" and makes it clear that there
13802-547: The prosecution of Kaiser Wilhelm II for aggression was proposed by the United Kingdom and France. In a speech on 11 November 1918 , British Prime Minister David Lloyd George cited the loss of "the lives of millions of the best young men in Europe" and "the outrage upon international law which is involved in invading the territory of an independent country without its consent" as a crime for which someone should be held responsible. The proposed prosecution met with disapproval from
13936-494: The purpose of paragraph 1, "act of aggression" means the use of armed force by a State against the sovereignty , territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war , shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression: The list of prohibited acts
14070-409: The reserving state is a party to the treaty at all. There are three ways an existing treaty can be amended. First, a formal amendment requires State parties to the treaty to go through the ratification process all over again. The re- negotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining
14204-454: The resolution there was a hope for an effort from the Legal U.N. commission in that direction. The U.N. General Assembly, after the considerations expressed from the commission, established a committee to draft a statute and study the related legal issues. In 1951 a first draft was presented; a second draft followed in 1955 but there were a number of delays, officially due to the difficulties in
14338-684: The right to defense and the presumption of innocence . The Nuremberg trials marked a crucial moment in legal history , and after that, some treaties that led to the drafting of the Rome Statute were signed. UN General Assembly Resolution n. 260 9 December 1948, the Convention on the Prevention and Punishment of the Crime of Genocide , was the first step toward the establishment of an international permanent criminal tribunal with jurisdiction on crimes yet to be defined in international treaties. In
14472-418: The rights and binding obligations of the parties. They vary significantly in form, substance, and complexity and govern a wide variety of matters, such as security, trade, environment, and human rights. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries). They may also be used to establish international institutions, such as the International Criminal Court and
14606-520: The rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). Treaties are among the earliest manifestations of international relations ; the first known example is a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in some form by most major civilizations, and became increasingly common and more sophisticated during
14740-456: The same reservations. However, in the interest of encouraging the largest number of states to join treaties, a more permissive rule regarding reservations has emerged. While some treaties still expressly forbid any reservations, they are now generally permitted to the extent that they are not inconsistent with the goals and purposes of the treaty. When a state limits its treaty obligations through reservations, other states party to that treaty have
14874-482: The second war, as the armistice had required Finnish cooperation in trying those accused of war crimes. The law establishing the tribunal established criminal responsibility for those who "in a significant manner contributed in Finland's engagement in the war...or prevented peace" between 1941 and 1944. Eight men were tried; wartime president Risto Ryti , six members of the cabinet, and the Finnish ambassador to Germany, but not any generals. Unlike other specifications of
15008-410: The state opposes, the parts of the treaty affected by the reservation drop out completely and no longer create any legal obligations on the reserving and accepting state, again only as concerns each other. Finally, if the state objects and opposes, there are no legal obligations under that treaty between those two state parties whatsoever. The objecting and opposing state essentially refuses to acknowledge
15142-540: The state, criminal responsibility for aggressive war was vested in the individuals exercising authority. He blamed Adolf Hitler , his cabinet , government officials, the Nazi Party and German industrialists for acts of aggression against the Soviet Union, which he described as "the most heinous crime". The governments-in-exile represented in the London International Assembly lobbied for
15276-527: The states parties. A state party which has not ratified such an amendment may withdraw with immediate effect. Any amendment to the list of crimes within the jurisdiction of the court will only apply to those states parties that have ratified it. It does not need a seven-eighths majority of ratifications. Treaty A treaty is a formal, legally binding written agreement concluded by sovereign states in international law . International organizations can also be party to an international treaty. A treaty
15410-416: The substance of the parties' actual agreement. Each article heading usually encompasses a paragraph. A long treaty may further group articles under chapter headings. Modern treaties, regardless of subject matter, usually contain articles governing where the final authentic copies of the treaty will be deposited and how any subsequent disputes as to their interpretation will be peacefully resolved. The end of
15544-701: The terms of the treaty and its travaux preparatory. It has, for example, been held that it is not possible to withdraw from the International Covenant on Civil and Political Rights . When North Korea declared its intention to do this the Secretary-General of the United Nations, acting as registrar, said that original signatories of the ICCPR had not overlooked the possibility of explicitly providing for withdrawal, but rather had deliberately intended not to provide for it. Consequently, withdrawal
15678-547: The territory of a state party or if they are committed by a national of a state party. An exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations Security Council . The Rome Statute established four core international crimes: (I) Genocide , (II) Crimes against humanity , (III) War crimes , and (IV) Crime of aggression . Following years of negotiation, aimed at establishing
15812-439: The treaty is automatically terminated if certain defined conditions are met. Some treaties are intended by the parties to be only temporarily binding and are set to expire on a given date. Other treaties may self-terminate if the treaty is meant to exist only under certain conditions. A party may claim that a treaty should be terminated, even absent an express provision, if there has been a fundamental change in circumstances. Such
15946-593: The treaty itself. A treaty breach does not automatically suspend or terminate treaty relations, however. It depends on how the other parties regard the breach and how they resolve to respond to it. Sometimes treaties will provide for the seriousness of a breach to be determined by a tribunal or other independent arbiter. An advantage of such an arbiter is that it prevents a party from prematurely and perhaps wrongfully suspending or terminating its own obligations due to another's an alleged material breach. Treaties sometimes include provisions for self-termination, meaning that
16080-562: The treaty upon the other parties. Consent may be implied, however, if the other parties fail to explicitly disavow that initially unilateral interpretation, particularly if that state has acted upon its view of the treaty without complaint. Consent by all parties to the treaty to a particular interpretation has the legal effect of adding another clause to the treaty – this is commonly called an "authentic interpretation". International tribunals and arbiters are often called upon to resolve substantial disputes over treaty interpretations. To establish
16214-411: The treaty, such a process may result in financial penalties or other enforcement action. Treaties are not necessarily permanently binding upon the signatory parties. As obligations in international law are traditionally viewed as arising only from the consent of states, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification ("denunciation"). For example,
16348-447: The treaty. Multilateral treaties typically continue even after the withdrawal of one member, unless the terms of the treaty or mutual agreement causes its termination. If a party has materially violated or breached its treaty obligations, the other parties may invoke this breach as grounds for temporarily suspending their obligations to that party under the treaty. A material breach may also be invoked as grounds for permanently terminating
16482-456: The twenty-sixth day of June, one thousand nine hundred and forty-five". If applicable, a treaty will note that it is executed in multiple copies in different languages, with a stipulation that the versions in different languages are equally authentic. The signatures of the parties' representatives follow at the very end. When the text of a treaty is later reprinted, such as in a collection of treaties currently in effect, an editor will often append
16616-408: The use of technologically advanced weapons. After the Nuremberg trials of Nazi leaders, international institutions began prosecuting individuals responsible for crimes against humanity which are inhumane actions that may be legal in a given nation, but represent gross human rights violations. In order to re-affirm basic principles of democratic civilisation, the accused received a regular trial,
16750-594: The victorious Allies decided to criminalize aggression and try their vanquished enemies although at the conference doubts were raised that wars of aggression were illegal under customary law. Both the Soviet Union, which invaded the Baltic States and Poland according to the secret protocols of the German–Soviet pact , and Western countries, which had planned an invasion of Norway , were aware that they could also be accused of acts of aggression and so they limited
16884-531: The world. Treaties of "mutual guarantee" are international compacts, e.g., the Treaty of Locarno which guarantees each signatory against attack from another. The United Nations has extensive power to convene states to enact large-scale multilateral treaties and has experience doing so. Under the United Nations Charter , which is itself a treaty, treaties must be registered with the UN to be invoked before it, or enforced in its judiciary organ,
17018-716: Was groundbreaking, establishing international criminal law and rejecting that act of state doctrine granted immunity for such serious crimes. The defendants were prosecuted even for acts that were legal under domestic law. Opinion on the Nuremberg trials was divided. While some heralded it as a breakthrough in international law, crimes against peace specifically were subject to criticism as ex post facto law. The Nuremberg Military Tribunals were based on Law No. 10 , which defined aggression as follows: Initiation of invasions of other countries and wars of aggression in violation of international laws and treaties, including but not limited to planning, preparation, initiation or waging
17152-509: Was held at the headquarters of the Food and Agriculture Organization of the United Nations, located about 4 km away from the Vatican (one of the states represented). On 17 July 1998, the Rome Statute was adopted by a vote of 120 to 7, with 21 countries abstaining. By agreement, there was no official record of each delegation's vote regarding the adoption of the Rome Statute. Therefore, there
17286-559: Was not much in the way of international criminal law to work from, the United States Department of War put together the legal framework for the Nuremberg trials in ten months. Some prominent United States policymakers thought that execution without trial compromised the principles of the Allies and that formal trials before an international court would lend legitimacy. At the London Conference of 1945 ,
17420-434: Was not possible. In practice, states sometimes use their sovereignty to declare their withdrawal from and stop following the terms of a treaty even if this violates the terms of the treaty. Other parties may accept this outcome, may consider the state to be untrustworthy in future dealings, or may retaliate with sanctions or military action. Withdrawal by one party from a bilateral treaty is typically considered to terminate
17554-660: Was rehabilitated by the Romanian Supreme Court on 26 October 1998. Another Romanian sentenced for crimes against peace – Gheron Netta , Ion Antonescu 's last finance minister (1 April to 23 August, 1944) – was rehabilitated by the Supreme Court on 17 January 2000. Arthur Greiser , a Nazi leader in Danzig and later Gauleiter in the Warthegau region annexed from Poland,
17688-512: Was three times longer than the Nuremberg judgement, making it a valuable source of case law on aggression. The majority of the judges followed the Nuremberg interpretation of crimes against peace, but two judges – Radhabinod Pal from India and Bert Röling of the Netherlands ;– dissented against the prosecution of crimes against peace. The prosecution used conspiracy to file more charges as each member of
17822-411: Was tried and convicted by a Polish court in 1946 for aggression among other charges. Historian Catherine Epstein states that the evidence that Greiser had participated in a conspiracy to wage aggressive war is weak or nonexistent. According to Mark A. Drumbl , he would probably not be convicted according to the Rome Statute definition of aggression. In 1946, former Japanese general Takashi Sakai
17956-481: Was tried by a Chinese court for aggression, convicted, and executed. Sakai appears to have been responsible for carrying out policies designed by others, which would put him outside the Rome Statute definition of aggression. According to jurist Roger S. Clark , he probably would not have been convicted for crimes against peace if tried at the Tokyo trial. On 11 December 1946, the United Nations General Assembly passed
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