'Aggression' in document 'Croatia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 157

(1) Whoever, regardless of whether a war has previously been declared or not, wages a war of aggression by commanding an armed action of one state against the sovereignty, territorial integrity or political independence of another state, so that such an action is performed by invasion or by an armed attack on its territory, aircraft or ships, or by the blockading of ports or shores or by the military occupation of the territory, or in some other way which denotes the forcible establishment of rule over such a state, shall be punished by imprisonment for not less than ten years or by long┬Čterm imprisonment.

(2) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on whoever, for the purpose of waging a war of aggression of one state against another, commands or enables the sending of armed mercenary groups or other paramilitary armed forces into a state, so that these forces achieve the aims of a war of aggression.

(3) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on whoever acts according to a command for action from armed forces or para-military armed forces for the purpose of waging a war of aggression.

(4) Whoever calls or instigates a war of aggression shall be punished by imprisonment for one to ten years.

RELEVANT ROME STATUTE PROVISIONS

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(d) The crime of aggression

2. The Court shall exercise jurisdiction over the crime of aggression once a provision
is adopted in accordance with articles 121 and 123 defining the crime and setting
out the conditions under which the Court shall exercise jurisdiction with respect to
this crime. Such a provision shall be consistent with the relevant provisions of the
Charter of the United Nations.

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.