CHAPTER XVIII
PENAL MATTERS
10aAmendment to article 8 of the Rome Statute of the International Criminal CourtKampala, 10 June 201026 September 2012, in accordance with article 121(5) of the Rome Statute. The Amendment first entered into force in regard to San Marino one year after the deposit of its instrument of ratification.26 September 2012, No. 38544Parties40United Nations, <i>Treaty Series </i>, vol. 2868, p. 195. Resolution <a href="/doc/source/docs/RC-Res.5-ENG.pdf" target="_blank">RC/Res.5</a> of the Review Conference of the Rome Statute.The Review Conference of the Rome Statute, held in Kampala, Uganda, from 31 May to 11 June 2010 adopted the amendment on 10 June 2010 by Resolution RC/Res.5. The amendment was circulated by the Secretary-General under cover of depositary notification C.N.533.2010.TREATIES-6 of 29 November 2010.
ParticipantAcceptance(A), RatificationAndorra26 Sep 2013 AArgentina28 Apr 2017 Austria17 Jul 2014 Belgium26 Nov 2013 Botswana 4 Jun 2013 Chile23 Sep 2016 Costa Rica 5 Feb 2015 Croatia20 Dec 2013 Cyprus25 Sep 2013 Czech Republic12 Mar 2015 AEl Salvador 3 Mar 2016 Estonia27 Mar 2013 Finland30 Dec 2015 Georgia 3 Nov 2015 Germany 3 Jun 2013 AGuyana28 Sep 2018 Latvia25 Sep 2014 Liechtenstein 8 May 2012 Lithuania 7 Dec 2015 Luxembourg15 Jan 2013 Malta30 Jan 2015 Mauritius 5 Sep 2013 Mongolia18 Jan 2021 Netherlands<superscript>1</superscript>23 Sep 2016 ANew Zealand14 Oct 2020 North Macedonia 1 Mar 2016 Norway10 Jun 2013 Panama 6 Dec 2017 Paraguay 5 Apr 2019 APoland25 Sep 2014 Portugal11 Apr 2017 Samoa25 Sep 2012 San Marino26 Sep 2011 Slovakia28 Apr 2014 ASlovenia25 Sep 2013 Spain25 Sep 2014 State of Palestine29 Dec 2017 Switzerland10 Sep 2015 Trinidad and Tobago13 Nov 2012 Uruguay26 Sep 2013
Czech RepublicDeclaration:The Czech Republic interprets the Amendment to article 8 of the Rome Statute of the International Criminal Court (Kampala, 10 June 2010) as having the following meaning:(i) The prohibition to employ gases, and all analogous liquids, materials or devices, set out in article 8, paragraph 2 (e) (xiv), is interpreted in line with the obligations arising from the Convention on the Prohibition of the Development, Production, stockpiling and Use of Chemical Weapons and on Their Destruction of 1993.(ii) The prohibition to employ bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions, does not apply to the use of such bullets during activities of police nature in the context of law enforcement and maintenance of public order, which do not constitute direct participation an armed conflict, such as rescuing hostages and neutralizing civil aircraft hijackers.New ZealandDeclaration:“The prohibition on employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions, does not apply to the use of such bullets by police or armed forces in the context of law enforcement, where the intent of the use is to avoid incidental civilian injury or damage.”1For the European part and the Caribbean part (the Islands of Bonaire, Sint Eustatius and Saba) of the Netherlands. Subsequently, on 21 December 2017, the Government of the Netherlands notified the Secretary-General that the Amendment will apply to Aruba. (See C.N.784.2017.TREATIES-XVIII.10.a of 21 December 2017.)