Round-Table Meeting of Legal Experts on the Forthcoming Review Conference of the International Criminal Court

Jointly organized by
Asian-African Legal Consultative Organization (AALCO),
the Government of Malaysia and the Government of Japan

(Summary)

14 April 2010

A two-day 'Round-Table Meeting of Legal Experts on the Forthcoming Review Conference of the International Criminal Court', jointly organized by the AALCO, the Government of Malaysia and the Government of Japan, was held in Putrajaya, Malaysia on 30 and 31 March 2010. The Meeting attracted legal experts of 15 countries on the ICC or related matters (Brunei Darussalam, People's Republic of China, India, Indonesia, Islamic Republic of Iran, Japan, Kenya, Malaysia, the Philippines, Qatar, Republic of Korea, Singapore, Sultanate of Oman, Thailand and Tanzania), who had intensive discussions on the agenda items for the Review Conference to be held in Kampala, Uganda, from 31 May to 11 June 2010. A summary of the Meeting is as follows.

Summary Report by AALCO (PDF)

1. Overall Observations

(1) The inaugural speech (PDF) was made by the Hon. Mrs. Kuniko Ozaki, ICC Judge from Japan, on the criminal justice system and the current activities of the ICC, providing the audience with the most up-to-date information about the ICC.

(2) H.E. Ambassador Yasuji Ishigaki, Special Assistant to the Minister for Foreign Affairs, also in the inaugural session, rendered the keynote address (PDF) on the Review Conference, which provided an overview of the agenda items for the Conference, including the crime of aggression, a review of Article 124, criminalizing the act of employing certain weapons in armed conflict not of an international character (the Belgian proposal), strengthening the enforcement of sentences (the Norwegian proposal), topics for stocktaking of international criminal justice (complementarity, cooperation, the impact of the Rome Statute system on victims and affected communities, and peace and justice).

(3) Three Working Sessions on stocktaking of international criminal justice, the crime of aggression and on other agenda items, were held, where attendants from 15 countries engaged in an active discussion of a range of issues, such as the agenda items for the Review Conference and the experiences of Japan, Kenya and the Republic of Korea on the ratification of the Rome Statute. Throughout the discussion it was felt that a number of non-party States to the Rome Statute had strong interests on the ICC.

2. Summary of Discussion

(1) Working Session I:
 Theme I: Consideration of the Progress in International Criminal Justice

Attendants from the three States Parties, i.e., the Republic of Korea, Kenya and Japan, shared their experiences on the ratification of the Rome Statute by explaining the challenges that they faced and how they overcame these challenges. They also answered to questions raised by non-party States on specific legal issues on national legislation to implement the Rome Statute.

With respect to the four topics for stocktaking of international criminal justice, there was a live discussion especially on the concept of complementarity, issues on cooperation with the ICC, and the relationship between peace and justice.

(2) Working Session II:
 Theme II: Consideration of proposals for amending the Rome Statute: Crime of Aggression

With regard to the crime of aggression, there was an intensive discussion on all of the three major issues related to the crime, that is, the definition of the crime, conditions for the exercise of jurisdiction by the ICC over the crime, and the amendment clause applicable to the crime. Thus it seems that a number of States had strong interests on the item of the crime of aggression.

Views were expressed on such issues as whether there should be a requirement of "a manifest violation of the Charter of the United Nations", whether the amendment should permit the involvement of an organ other than the UN Security Council with the determination of an act of aggression as a condition for the exercise of jurisdiction by the ICC, and which paragraph of Article 121, whether paragraph 4 or 5, should apply to the amendment regarding the crime of aggression.

(3) Working Session III:
 Theme III: Consideration of proposals for amending the Rome Statute: Review of Article 124, criminalizing the act of employing certain weapons in internal armed conflict, and strengthening the enforcement of sentences

There was a discussion on the deletion of Article 124 enabling a State Party to opt out from the jurisdiction of the ICC with respect to war crimes for seven years after its ratification of the Rome Statute.

As to the Belgian proposal and the Norwegian proposal, there was not so much discussion since most States had not made their positions clear yet.

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