Section 45p. 45

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

State Party which has not accepted the amendment may

withdraw

from

this

Statute

with

immediate

effect,

notwithstanding article 127, paragraph 1, but subject to

article 127, paragraph 2, by giving notice no later than one

year after the entry into force of such amendment.

7. The Secretary-General of the United Nations shall

circulate to all States Parties any amendment adopted at

a meeting of the Assembly of States Parties or at a

Review Conference.

ARTICLE 122

Amendments to provisions of an institutional nature

1. Amendments to provisions of this Statute which are of

an exclusively institutional nature, namely, article 35,

article 36, paragraphs 8 and 9, article 37, article 38, article

39, paragraphs 1 (first two sentences), 2 and 4, article 42,

paragraphs 4 to 9, article 43, paragraphs 2 and 3, and

articles 44, 46, 47 and 49, may be proposed at any time,

notwithstanding article 121, paragraph 1, by any State

Party. The text of any proposed amendment shall be

submitted to the Secretary-General of the United Nations

or such other person designated by the Assembly of

States Parties who shall promptly circulate it to all States

Parties and to others participating in the Assembly.

2. Amendments under this article on which consensus

cannot be reached shall be adopted by the Assembly of

States Parties or by a Review Conference, by a two-thirds

majority of States Parties. Such amendments shall enter

into force for all States Parties six months after their

adoption by the Assembly or, as the case may be, by the

Conference.

ARTICLE 123

Review of the Statute

1. Seven years after the entry into force of this Statute the

Secretary-General of the United Nations shall convene a

Review Conference to consider any amendments to this

Statute. Such review may include, but is not limited to,

the list of crimes contained in article 5. The Conference

shall be open to those participating in the Assembly of

States Parties and on the same conditions.

2. At any time thereafter, at the request of a State Party

and

for

the

purposes

set

out

in

paragraph

1,

the

Secretary-General

of

the

United Nations shall, upon

approval by a majority of States Parties, convene a Review

Conference.

3. The provisions of article 121, paragraphs 3 to 7, shall

apply

to

the

adoption and entry into force of any

amendment

to

the Statute considered at a Review

Conference.

ARTICLE 124

Transitional Provision

Notwithstanding article 12, paragraphs 1 and 2, a State, on

becoming a party to this Statute, may declare that, for a

period of seven years after the entry into force of this

Statute for the State concerned, it does not accept the

jurisdiction of the Court with respect to the category of

crimes referred to in article 8 when a crime is 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 1.

ARTICLE 125

Signature, ratification, acceptance, approval or

accession

1. This Statute shall be open for signature by all States in

Rome, at the headquarters of the Food and Agriculture

Organization of the United Nations, on 17 July 1998.

Thereafter, it shall remain open for signature in Rome at

the Ministry of Foreign Affairs of Italy until 17 October

1998. After that date, the Statute shall remain open for

signature in New York, at United Nations Headquarters,

until 31 December 2000.

2. This Statute is subject to ratification, acceptance or

approval by signatory States. Instruments of ratification,

acceptance or approval shall be deposited with the

Secretary-General of the United Nations.

3. This Statute shall be open to accession by all States.

Instruments of accession shall be deposited with the

Secretary-General of the United Nations.

ARTICLE 126

Entry into force

1. This Statute shall enter into force on the first day of the

month after the 60th day following the date of the

deposit of the 60th instrument of ratification, acceptance,

approval or accession with the Secretary-General of the

United Nations.

2.

For

each

State

ratifying,

accepting, approving or

acceding to this Statute after the deposit of the 60th

instrument

of

ratification,

acceptance,

approval

or

accession, the Statute shall enter into force on the first

day of the month after the 60th day following the deposit

by such State of its instrument of ratification, acceptance,

approval or accession.

ARTICLE 127

Withdrawal

1. A State Party may, by written notification addressed to

the Secretary-General of the United Nations, withdraw

from this Statute. The withdrawal shall take effect one

year after the date of receipt of the notification, unless

the notification specifies a later date.

2. A State shall not be discharged, by reason of its

withdrawal, from the obligations arising from this Statute

while it was a Party to the Statute, including any financial

obligations which may have accrued. Its withdrawal shall

not affect any cooperation with the Court in connection

with criminal investigations and proceedings in relation

to which the withdrawing State had a duty to cooperate

and which were commenced prior to the date on which

the withdrawal became effective, nor shall it prejudice in

any way the continued consideration of any matter which

was already under consideration by the Court prior to the

date on which the withdrawal became effective.

ARTICLE 128

Authentic texts

The original of this Statute, of which the Arabic, Chinese,

English, French, Russian and Spanish texts are equally

authentic, shall be deposited with the Secretary-General

of the United Nations, who shall send certified copies

thereof to all States.

IN WITNESS WHEREOF, the undersigned, being duly

authorized thereto by their respective Governments, have

signed this Statute.

DONE at Rome, this 17th day of July 1998.

(Rome Statute of the International Criminal Court, [July

17, 1998])

© Compiled by RGL

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