Amendments to the Rome Statute
Switzerland has ratified all seven amendments to the Rome Statute. The amendments grant the International Criminal Court jurisdiction over the crime of aggression, expand the definition of war crimes, and remove the possibility for new States Parties to delay the Court’s jurisdiction over war crimes.
Extension of the Jurisdiction of the ICC
The Rome Statute defines the role and jurisdiction of the International Criminal Court (ICC), as well as the crimes it prosecutes. The amendments to the Rome Statute, open for ratification by all States Parties, complement and expand the ICC’s jurisdiction as follows.
(1) Crime of Aggression
The amendment adopted in Kampala in 2010 on the crime of aggression established the ICC’s jurisdiction over this crime. It enables high-level decision-makers to be held accountable for acts of aggression committed in violation of the general prohibition on the use of force enshrined in the UN Charter.
However, compared to the jurisdictional regime for the other three core crimes (genocide, crimes against humanity, war crimes), the rules governing the ICC’s exercise of jurisdiction over the crime of aggression include additional restrictions. Switzerland advocates for the removal of these barriers and for the harmonization of the ICC’s jurisdictional framework. To this end, the States Parties to the Rome Statute met for a special session in New York in July 2025, concluding with a resolution committing to strengthen the ICC’s jurisdiction over the crime of aggression, with another special session planned for 2029 and an interim meeting in 2027.
(2) Expansion of the Definition of War Crimes
The definition of war crimes was expanded through five amendments.
(a) Amendments of 2010 and 2017
Since 2010, the ICC has also had jurisdiction to prosecute the use of poison or poisoned weapons, gas, and similar substances or devices, as well as dum-dum bullets, in non-international armed conflicts (civil wars) and not only in international armed conflicts.
Three amendments adopted in 2017 classified the use of biological weapons, fragmentation munitions undetectable by X-rays, and blinding laser weapons as war crimes.
(b) Swiss Initiative Makes Starvation a War Crime in Civil Wars
Following a Swiss initiative, since 2019 the deliberate starvation of civilians by depriving them of essential means of survival – including the intentional obstruction of humanitarian aid deliveries – has also been considered a war crime in civil wars (and not only in international armed conflicts, as before). This is significant because since the end of World War II, most armed conflicts – including those leading to mass famine – have been civil wars. This amendment, initiated by Switzerland, marks a major success in the global movement to end the use of food as a weapon of war and to strengthen accountability for those who deprive the most vulnerable of life-sustaining resources.
(3) Removal of the Delayed Jurisdiction for War Crimes
The amendment adopted in 2015 abolished the transitional provision that allowed a new State Party to exclude the ICC’s jurisdiction over war crimes for a period of seven years.
Switzerland’s Commitment to Strengthening the ICC
Switzerland has worked to expand the jurisdiction of the International Criminal Court (ICC) as part of its fight against impunity. Combating the offences covered by these amendments makes an important contribution to several key objectives of Swiss foreign policy, as enshrined in the Federal Constitution:
- Promotion of the peaceful coexistence of peoples
- Promotion of human rights and international law
- Alleviation of hardship and poverty worldwide
Index
Links
- Guidebook on the war crime of starvation (Global Rights Compliance)
- Intentional starvation of civilians should be considered a war crime worldwide: Federal Council supports International Criminal Court
- Parliamentary deliberations on the 2010 amendments (Federal Assembly)
- Parliamentary deliberations on the 2017 amendments (Federal Assembly)
- Parliamentary deliberations on the 2019 amendments (Federal Assembly)
- Ratification lists (ICC)
- War crime of starvation (Global Rights Compliance)
Documents
Amendment of 6 December 2019 to the Rome Statute of the International Criminal Court (French)
Amendments of 14 December 2017 to the Rome Statute of the International Criminal Court (French)
Amendments to the Rome Statute of the International Criminal Court relating to the crime of aggression (French)
Amendments to the Statute of Rome of the International Criminal Court relating to war crimes (French)
Kontakt
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