Verbrechen des Angriffskriegs

Similar documents
PCNICC/2000/WGCA/INF/1

Review Conference of the Rome Statute

DRAFT FOR CONSULTATION

Review Conference of the Rome Statute

Annex II. Report of the Special Working Group on the Crime of Aggression

Report on the facilitation on the activation of the jurisdiction of the International Criminal Court over the crime of aggression

INTERNATIONAL CRIMINAL COURT

AS TO THE ADMISSIBILITY OF. Application No /87 by M.C. against the Federal Republic of Germany

Damages for the Injuring or Killing of an Animal in Swiss Law

Second Summit of the International Conference on the Great Lakes Region

In witness whereof the undersigned have signed the present Agreement.

Nuremberg Charter (Charter of the International Military Tribunal) (1945)

London Agreement (8 August 1945)

The ICC Preventive Function with Respect to the Crime of Aggression and International Politics

A Pragmatic Approach to Jurisdictional and Definitional Requirements for the Crime of Aggression in the Rome Statute

INTERNATIONAL CRIMINAL LAW

order to restrict general policing duties, in an internal situation characterized by frequent assassinations, to men equipped with firearms.

Tradition and Change in Administrative Law

Act on Model Case Proceedings in Disputes under Capital Markets Law (Capital Markets Model Case Act KapMuG)

INTERNATIONAL CRIMINAL LAW

Selected Presentations. Prof. Dr. Erika de Wet, LL.M. (Harvard)

Charter United. Nations. International Court of Justice. of the. and Statute of the

Poland Pologne Polen. Report Q193. in the name of the Polish Group by Agnieszka JAKOBSCHE and Katarzyna KARCZ

Individual Criminal Responsibility for Core International Crimes

How to Lodge a Constitutional Complaint. I. General Remarks

Charter of the United Nations and Statute of the International Court of Justice

Cybercrime Convention Implementation into Swiss Law

Israelis & Palästinenser: Neue Horizonte

Norwegian Law and Practice on Damages arising from Public Procurement Breaches BEFORE Fosen Linjen, and the changes it entails

I was asked particularly to discuss some history and Article 8 bis. As to history, I thought at first to spend a couple of hours discussing in detail

CHARTER OF THE UNITED NATIONS. We the Peoples of the United Nations United for a Better World

CHARTER OF THE UNITED NATIONS TABLE OF CONTENTS:

Transfer of a permanent settlement permit or an EU long-term residence permit to a new passport

CHARTER OF THE UNITED NATIONS

Japan Japon Japan. Report Q189. in the name of the Japanese Group

Jurisdiction and Arbitration Clauses in Maritime Transport Documents

CHARTER OF THE UNITED NATIONS With introductory note and Amendments

The Advisory Function of the International Court of Justice

Auswahlverfahren für den höheren Auswärtigen Dienst 2012

128 Frauen als Gründerinnen und Unternehmerinnen in Europa

Annexes. Annex I. Report of the Credentials Committee. Chairperson: H.E. Mr. Pieter de Savornin Lohman (Netherlands)

Charter of the United Nations

1. The following is an outline of the case as submitted to the European Commission of Human Rights, and of the procedure before the Seite 1

The Rule 164 Problem. Non unity objections as made by the EPO, and potential remedies. Presentation at VPP Bezirksgruppenveranstaltung April 28, 2010

Act against Restraints of Competition (Competition Act GWB)

Act on making products available on the market (Product Safety Act)

Art. 61. Troops that give no quarter have no right to kill enemies already disabled on the ground, or prisoners captured by other troops.

EUROPEAN PARLIAMENT. Committee on Legal Affairs

Voluntary Export Restraints in WTO and EU Law

Enforcement of [foreign] Awards

Poland Pologne Polen. Report Q205. in the name of the Polish Group by Katarzyna KARCZ, Jaromir PIWOWAR, Tomasz RYCHLICKI

The use of prosecution history in post-grant patent proceedings

University Professor, Senator, First Deputy Chairman of the PNL, former Prime Minister and Minister of Foreign Affairs of Romania, Bucharest

CASE CONCERNING MILITARY AND PARAMILITARY ACTIVITIES IN AND AGAINST NICARAGUA. (Nicaragua v. United States of America) ICJ Decision of 27 June 1986

South Africa Afrique du Sud Südafrika. Report Q189. in the name of the South African Group by Hans H. HAHN, Janusz LUTEREK and HUGH MOUBRAY

THE INTERNATIONAL CRIMINAL COURT AND CRIMES OF AGGRESSION: BEYOND THE KAMPALA CONVENTION

Annex II. UN Declaration on Human Rights Defenders

Chapter Ten: Initial Provisions Comparative Study Table of Contents

Act to Implement Certain Legal Instruments in the Field of International Family Law (International Family Law Procedure Act IFLPA)

Representing Victims before the International Criminal Court A Manual for legal representatives

Faculty of Law Roman Law

Version: Most recently amended by Art. 2 of the Act of 9 December 2010 I 1934

Perspective of a Refugee

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

Explanatory Report to the Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

The Implementation and Impact of the EU Antitrust Damages Directive in the UK

CML 4114JD Comparative Legal Systems

Magic Phrases And Terms Formulierungsvorschläge für englische Vertragsverhandlungen

THE DEFINITION OF THE CRIME OF AGGRESSION AND ITS RELEVANCE FOR CONTEMPORARY ARMED CONFLICT

JUDGMENT OF THE COURT (Second Chamber) 26 February 2015 (*)

Argentina Argentine Argentinien. Report Q193. in the name of the Argentinian Group

STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

DECLARATION ON THE FUNDAMENTAL RIGHTS OF THE CITIZENS OF THE SOVEREIGN STATE OF GOOD HOPE

Works Constitution Act

CHARTER OF THE UNITED NATIONS

The 'but for' test and other devices : the role of hypothetical events in the law Weber, Helmut

30 YEARS FROM THE ADOPTION OF ADDITIONAL PROTOCOLS I AND II TO THE GENEVA CONVENTIONS

# 4 Philanthropy series held in Geneva on Thursday, May 28, 2015

Die Messung von Bildung bei Migrantinnen und Migranten der ersten Generation: Ein neues adaptives Instrument für Umfragen

Kriegsverbrechen: Internationaler vs. nicht-internationaler bewaffneter Konflikt

International Court of Justice

Conceptualising Transnational Corporate Groups for International Criminal Law

Act on Out-of-Court Legal Services (Rechtsdienstleistungsgesetz, RDG)

Report of the Republic of El Salvador pursuant to United Nations General Assembly resolution 66/103

"It may also be desirable for the parties to stipulate in the arbitration clause itself:

No. According to the PTO s internal examination guidelines, second medical use claims are not patentable.

The Directive on Antitrust Damages Actions and the European Leniency Program

Is the Crime of Aggression Really Accountable? Reflections about Syria

The availability of injunctions in cases of infringement of IPRs

Divergences of Property Law

Legislative Delegation

Application. for naturalization pursuant to Article 116 (2), first sentence, of the Basic. Law (GG) for the Federal Republic of Germany

Nuremberg Tribunal. London Charter. Article 6

The importance of research infrastructures for the development of Social Sciences in Europe Kaase, Max

1 Check against delivery. Intervention d Emmanuel MACRON. Ministre de l Economie de l Industrie et du Numérique. Conférence des Ambassadeurs

Intra-EU Investment Treaties and EU Law Inaugural Conference of EFILA

ECB-PUBLIC OPINION OF THE EUROPEAN CENTRAL BANK. of 23 June on measures accompanying the SSM Regulation (CON/2014/43)

Rechtsprechung (hrr-strafrecht.de)

Making an even number odd : deadlock-avoiding in a reunified Cyprus supreme court Potier, Tim

Application. for naturalization pursuant to Article 116 (2) of the Basic Law. (GG) for the Federal Republic of Germany. - for persons under 16 years -

Transcription:

IMT-Statut [IMTFE] Article 6. The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes. The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility : (a) CRIMES AGAINST PEACE : namely, planning, preparation, initiation or waging of a [declared or undeclared] 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 ; Charter of the United Nations 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 the Purposes of the United Nations. Article 24 1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf. CHAPTER VII ACTION WITH RESPECT TO THREATS TO PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

United Nations General Assembly, Resolution 3314 (XXIX), Definition of Aggression, 14.12.1974 Article 1 Aggression is 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. Explanatory note : In this Definition the term State : (a) Is used without prejudice to questions of recognition or to whether a State is a member of the United Nations; (b) Includes the concept of a group of States where appropriate. Article 2 The first use of armed force by a State in contravention of the Charter shall constitute prima facie evidence of an act of aggression although the Security Council may, in conformity with the Charter, conclude that a determination that an act of aggression has been committed would not be justified in the light of other relevant circumstances, including the fact that the acts concerned or their consequences are not of sufficient gravity. Article 3 Any of the following acts, regardless of a declaration of war, shall, subject to and in accordance with the provisions of article 2, qualify as an act of aggression: (a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof, (b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State; (c) The blockade of the ports or coasts of a State by the armed forces of another State; (d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State; (e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement; (f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State; (g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein. Article 4 The acts enumerated above are not exhaustive and the Security Council may determine that other acts constitute aggression under the provisions of the Charter. Article 5 1. No consideration of whatever nature, whether political, economic, military or otherwise, may serve as a justification for aggression. 2. A war of aggression is a crime against international peace. Aggression gives rise to international responsibility. 3. No territorial acquisition or special advantage resulting from aggression is or shall be recognized as lawful. Article 6 Nothing in this Definition shall be construed as in any way enlarging or diminishing the scope of the Charter, including its provisions concerning cases in which the use of force is lawful. Article 7 Nothing in this Definition, and in particular article 3, could in any way prejudice the right to self-determination, freedom and independence, as derived from the Charter, of peoples forcibly deprived of that right and referred to in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, particularly peoples under colonial and racist regimes or other forms of alien domination: nor the right of these peoples to struggle to that end and to seek and receive support, in accordance with the principles of the Charter and in conformity with the above-mentioned Declaration. Article 8 In their interpretation and application the above provisions are interrelated and each provision should be construed in the context of the other provisions.

Beschlossene* Änderungen des Rom-Statuts durch die Review Conference der Assembly of States Parties in Kampala 2010: (*treten erst nach Ratifizierung in Kraft!) Article 8bis Crime of aggression 1. For the purpose of this Statute, crime of aggression means the planning, preparation, initiation or execution, by 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. 2. For 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 : (a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof ; (b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State ; (c) The blockade of the ports or coasts of a State by the armed forces of another State ; (d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State ; (e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement ; (f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State ; (g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein. Article 25 3bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State. Literatur : Schmalenbach, JZ 2010, 745 Ambos, ZIS 2010, 649; ders., German Yearbook of International Law 53 (2010), 463 Kress/von Holtzendorff, J. Int l Crim. Just. 8 (2010), 1179

Beschlossene* Änderungen durch die Review Conference der Assembly of States Parties in Kampala 2010: (*treten erst nach Ratifizierung in Kraft!) Amendments to the Elements of Crimes : Article 8bis Crime of aggression Introduction 1. It is understood that any of the acts referred to in article 8bis, paragraph 2, qualify as an act of aggression. 2. There is no requirement to prove that the perpetrator has made a legal evaluation as to whether the use of armed force was inconsistent with the Charter of the United Nations. 3. The term manifest is an objective qualification. 4. There is no requirement to prove that the perpetrator has made a legal evaluation as to the manifest nature of the violation of the Charter of the United Nations. Elements 1. The perpetrator planned, prepared, initiated or executed an act of aggression. 2. The perpetrator was a person in a position effectively to exercise control over or to direct the political or military action of the State which committed the act of aggression. 3. The act of aggression 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 was committed. 4. The perpetrator was aware of the factual circumstances that established that such a use of armed force was inconsistent with the Charter of the United Nations. 5. The act of aggression, by its character, gravity and scale, constituted a manifest violation of the Charter of the United Nations. 6. The perpetrator was aware of the factual circumstances that established such a manifest violation of the Charter of the United Nations. Understandings regarding the amendments to the Rome Statute of the International Criminal Court on the crime of aggression : Domestic jurisdiction over the crime of aggression 4. It is understood that the amendments that address the definition of the act of aggression and the crime of aggression do so for the purpose of this Statute only. The amendments shall, in accordance with article 10 of the Rome Statute, not be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute. 5. It is understood that the amendments shall not be interpreted as creating the right or obligation to exercise domestic jurisdiction with respect to an act of aggression committed by another State. Other understandings 6. It is understood that aggression is the most serious and dangerous form of the illegal use of force; and that a determination whether an act of aggression has been committed requires consideration of all the circumstances of each particular case, including the gravity of the acts concerned and their consequences, in accordance with the Charter of the United Nations. 7. It is understood that in establishing whether an act of aggression constitutes a manifest violation of the Charter of the United Nations, the three components of character, gravity and scale must be sufficient to justify a manifest determination. No one component can be significant enough to satisfy the manifest standard by itself.

Gesetz zur Änderung des Völkerstrafgesetzbuches vom 22. 12. 2016 (BGBl. 2016 I, 3150) Abschnittt 3 Verbrechen der Aggression 13 Verbrechen der Aggression (1) Wer einen Angriffskrieg führt oder eine sonstige Angriffshandlung begeht, die ihrer Art, ihrer Schwere und ihrem Umfang nach eine offenkundige Verletzung der Charta der Vereinten Nationen darstellt, wird mit lebenslanger Freiheitsstrafe bestraft. (2) Wer einen Angriffskrieg oder eine sonstige Angriffshandlung im Sinne des Absatzes 1 plant, vorbereitet oder einleitet, wird mit lebenslanger Freiheitsstrafe oder mit Freiheitstrafe nicht unter zehn Jahren bestraft. Die Tat nach Satz 1 ist nur dann strafbar, wenn 1. der Angriffskrieg geführt oder die sonstige Angriffshandlung begangen worden ist oder 2. durch sie die Gefahr eines Angriffskrieges oder einer sonstigen Angriffshandlung für die Bundesrepublik Deutschland herbeigeführt wird. (3) Eine Angriffshandlung ist die gegen die Souveränität, die territoriale Unversehrtheit oder die politische Unabhängigkeit eines Staates gerichtete oder sonst mit der Charta der Vereinten Nationen unvereinbare Anwendung von Waffengewalt durch einen Staat. (4) Beteiligter einer Tat nach den Absätzen 1 und 2 kann nur sein, wer tatsächlich in der Lage ist, das politische oder militärische Handeln eines Staates zu kontrollieren oder zu lenken. (5) In minder schweren Fällen des Absatzes 2 ist die Strafe Freiheitsstrafe nicht unter fünf Jahren. Die Vorschrift ersetzt 80 StGB a.f.