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alleged to have been committed by its nationals or on its territory. A declaration under this article may be withdrawn at any time. The provisions of this article shall be reviewed at the Review Conference convened in accordance with article 123, paragraph”. [3] 3

Amendment to Article 8 of the Statute to include the use of certain weapons as war crimes in the context of a conflict of a non-international character and expanding the ICC's jurisdiction over them.

The Conference itself became a historic watershed in the evolution of the Rome system by discussing for the first time proposed amendments to the Rome Statute. More than 600 Coalition members played a central role in enhancing the dialogue on the Rome system -in attendance were concerned groups such as:

ICC states parties,

Observer states,

International organizations,

NGOs,

Ensuring that the voices of civil society were truly heard and communicated through a number of debates, roundtables and other events.

Liechtenstein was the proposer [3] 4 of the amendments, which chaired the Special Working Group on the Crime of Aggression (SWGCA). [3] 5 A definition was absent from the Statute [3] 6 and wisdom prevailed that the need and urgency for a definition of aggression suitable was imminent. The amendments define the crime of aggression in accordance with United Nations General Assembly Resolution 3314.

Acts of aggression are:

Invading another state;

Bombing another state;

Blockading the ports or coastlines of another state;

Attacking the land, sea, or air forces, or marine or sea fleets of another state;

Violating a status of forces agreement; using armed bands, groups, irregulars or mercenaries against another state;

Allowing territory to be used by another state to perpetrate an act of aggression against a third state. [3] 7

Normally, amendments agreed by 2/3 majority come into force one year after being ratified:

“[t]he amended text says that only crimes of aggression committed one year or more after the thirtieth ratification are within the jurisdiction of the Court. Furthermore, a decision is to be taken by the Assembly of States Parties with a two-thirds majority vote after 1 January 2017 to actually exercise jurisdiction”. [3] 8

While upon a United Nations Security Council referral the Prosecutor can open an investigation against the national of any state, this is not the case with state referral and proprio motu (Latin 'on his own impulse') investigations by the Prosecutor. A State Party can opt-out of these amendments, and nationals of non-States Parties are not subject to the Court's jurisdiction. Additionally, the Prosecutor must wait for a determination of the Security Council regarding an act of aggression. If the Security Council determines an act of aggression has taken place, the Prosecutor may proceed. If the Security Council does not act within six months, the Prosecutor can proceed provided that a Pre-Trial Chamber approves that move. The Security Council keeps its right to defer investigations for a period of one year. [3] 9 No State Party has yet ratified the amendment. [4] 0

The ICC will not be allowed to prosecute for this crime until at least 2017. [4] 1 Furthermore, it expanded th