Chapter 16. Genocide, crimes against humanity and war crimes

Section 107. War crimes consisting in the use of prohibited means of warfare

Any person is liable to punishment for a war crime who in connection with an armed conflict

b) employs biological or chemical weapons,

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123.

Article 121
Amendments
1. After the expiry of seven years from the entry into force of this Statute, any State
Party may propose amendments thereto. The text of any proposed amendment
shall be submitted to the Secretary-General of the United Nations, who shall
promptly circulate it to all States Parties.
2. No sooner than three months from the date of notification, the Assembly of States
Parties, at its next meeting, shall, by a majority of those present and voting, decide
whether to take up the proposal. The Assembly may deal with the proposal
directly or convene a Review Conference if the issue involved so warrants.
3. The adoption of an amendment at a meeting of the Assembly of States Parties or
at a Review Conference on which consensus cannot be reached shall require a
two-thirds majority of States Parties.
4. Except as provided in paragraph 5, an amendment shall enter into force for all
States Parties one year after instruments of ratification or acceptance have been
deposited with the Secretary-General of the United Nations by seven-eighths of
them.
5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for
those States Parties which have accepted the amendment one year after the
deposit of their instruments of ratification or acceptance. In respect of a State
Party which has not accepted the amendment, the Court shall not exercise its
jurisdiction regarding a crime covered by the amendment when committed by that
State Party's nationals or on its territory.
6. If an amendment has been accepted by seven-eighths of States Parties in
accordance with paragraph 4, any 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 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.