Today, Malawi issued a strong call to fellow African states to ratify the Kampala Amendments on the crime of aggression, enabling the International Criminal Court (ICC) to exercise jurisdiction over this grave offence.
Representing Malawi at the two-day retreat organized by Africa Legal Aid (AFLA), the Honourable Minister of Justice, Titus Mvalo, joined a distinguished five-member panel in Johannesburg to discuss 'Towards a Crime of Aggression Regime That is Fair and Legitimate'.
The conference, which closed today, was designed to mobilize African states parties to the ICC, raising awareness and fostering ownership of the amendments.
During the discussion, Honourable Mvalo emphasized the significance of retreats in generating brilliant ideas, although he acknowledged Africa's current vulnerabilities. “There are still several conditions precedent that need to be fulfilled before we can genuinely expect a crime of aggression regime that is fair and legitimate. These include having the right political will among African states, achieving unanimity in our relationship with the ICC, and striving towards economic independence,” he stated.
The Minister urged African states to ratify the Kampala Amendments, arguing that as long as the Rome Statute remains voluntary and major powers and other influential states choose not to participate or ratify the Amendments, a regime of crime of aggression that is fair and legitimate will remain an illusion.
Honourable Mvalo also proposed a radical amendment to automatically bring aggressors under the ICC's jurisdiction, regardless of whether their state is a party to the Rome Statute. He highlighted that this expansion of jurisdiction is crucial for global justice.
The Kampala Amendments, adopted during the Review Conference held in Kampala, Uganda in June 2010, focus on the crime of aggression and war crimes. These amendments defined the crime of aggression and established procedures for the ICC to exercise jurisdiction over it.
They also expanded the list of war crimes to include the use of certain prohibited weapons in non-international conflicts, taking effect on July 17, 2018, and marking a significant advancement in international criminal law.
The meetings are ongoing until the goal is achieved.
On the five-member panel, Honourable Mvalo was joined by Minister of Justice of Zambia Honourable Princess Kasume, Secretary-General, Ministry of Justice and Human Rights of Mali Dr. Boubacar Diarrah, Deputy Attorney General of Lesotho Honourable Makhele Sekati and Chief State Counsel, Office of the Attorney General of Kenya, Emily Chweya.
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