Germany and its implication of Crime of Aggression

As Germany has always been a friend to India, Germany was one of the country to ratify and
accept the amendments of the Rome Statute of the International Criminal Court. Foreign
Minister Guido Westerwelle enforced the instrument of approval Kampala amendments to
the Rome Statute of ICC in New York on June 3, 2013.

The Foreign Minister said in its statement that, “I am delighted that Germany is one of the
first states parties to the Rome Statute to ratify these historic amendments. In future the crime
of aggression will also be subject to the jurisdiction of the International Criminal Court.
By extending its jurisdiction in this way, we are supporting the International Criminal Court
in its efforts to end impunity for egregious violations of human rights.
The agreement reached in Kampala in 2010 was a breakthrough for the further development
of international criminal law. The Federal Republic of Germany played a key role in bringing
the negotiations in Kampala to a successful conclusion.”

At the first ever Review Conference which was held from May 31 to June 11, 2010 and the
debate intensified and finally, the States parties approved the definition of the Crime of
Aggression and the guideline on ICC’s jurisdiction over the crime. The “crime against
peace”, as the crime of aggression was popularly known at the Nuremberg war trials, was
influential concerning the major war convicts after World War II. Amendment to Article 8
was adopted of the Rome Statute at the Kampala Conference. Article 8 prohibited the usage
of special weapons and ammunition in armed conflicts under the international law. In the
Conference, the use of such weapons and bullets in the non-international armed conflicts
which was added to the provision of war crimes revolving the position under customary
international law.

The crime of aggression is defined as an offence under the German law. Section 13 of the
German Code against International law, elaborates its relevance with international law,
constitutional law and criminal policy and accounted for the difference and similarity under
the relevance of Article 8. The new offence implemented through section 13 served an
influence and framework for other States with relevance to the imposition of the Kampala
amendments.1

1
Germany accepts ICC jurisdiction over the crime of aggression, (March 4, 2020, 17:30 PM),
https://www.auswaertiges-amt.de/en/newsroom/news/130603-kampala-amendment/256130.