by Erica Laster

Impunity Watch Reporter, North America

KAMPALA, Uganda – The first International Criminal Court (ICC) Review Conference is now underway in Uganda. The eight day conference has sparked controversy and a flurry of lobbying of other countries by the United States in anticipation of the amendment to the Roman Statute, a discussion which will define the crime of aggression.  A division exists over whether the crime will be determined by the court or the United Nations Security Council. Uganda was among the countries courted by the United States, to seek agreement in blocking the amendment including the crime of aggression as falling under the ICC’s jurisdiction. Uganda and the U.S. have an agreement in which American nationals will not be handed over to the ICC.

The United States has come under fire in recent years regarding its policy of preemptive strike in international affairs and most recently regarding its approach to the Iraq War. The New Vision reports that Stephen J. Rapp, the United States Ambassador for War Crimes, urged the ICC review conference to tread carefully in defining the crime of aggression. Rapp cautioned that giving the ICC powers to prosecute states and individuals under such a vague term may have unintended consequences. Radio Netherlands Worldwide reports that United States delegate Elisabeth van Schaack indicated to reporters that the U.S. is concerned that the court is already overwhelmed in dealing with genocide, war crimes and crimes against humanity. Inclusion of the crime of aggression may distract the court from other more heinous crimes.

Expanding the jurisdiction of the International Criminal Court comes at a time when many countries are exercising broad discretion in invading and attacking enemies worldwide. Many of the review conference’s participants agreed that a consensus in defining the crime of aggression must be reached, speaking candidly about the issue.

Guan Jin, speaking on behalf of China as Deputy Director General of the department of Treaty and Law called for more time to discuss the amendment and negotiations rather than rush into an expansion of jurisdiction. Georgian representative Alexander Lomaya indicated the necessity of explicitly defining the crime of aggression. Kuwait authorities said that while they value the ICC’s work and efforts, they are “keen to have a reasonable definition of the crime of aggression, which is a source of concern and a threat to peace.”

Despite such opposition and concern, the European Union was the first to announce its approval for the proposed amendment to give the ICC the power to handle the crime of aggression.

For more information please see:

New Vision – US wants aggression handled by UN – 1 June 2010‎

Daily Monitor – US cautions on crime of aggression – 2 June 2010

Radio Netherlands Worldwide – ICC: crime of aggression under debate – 2 June 2010