'Aggression' in document 'Norway - General Civil Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II FELONIES

Chapter 8. Felonies against the independence and security of the State

Section 84.

Any person who unlawfully causes an outbreak of war or hostilities against Norway or any State allied with Norway in time of war, or who aids and abets thereto, shall be liable to detention for a term of not less than five years or to imprisonment for a term of not less than five years and not exceeding 21 years.

PART II FELONIES

Chapter 8. Felonies against the independence and security of the State

Section 86.

Any person who in time of war or for the purpose of war

1. bears arms against or otherwise takes part in military operations against Norway,
2. supplies the enemy with information for use in such operations,
3. weakens Norway's ability to resist by destroying, damaging, or disabling installations or objects of importance for the country's war effort,
4. incites or induces treachery, carries on propaganda activity for the enemy or spreads incorrect or misleading information which is likely to weaken the people's will to resist,
5. establishes, joins, takes an active part in or gives significant economic support to a party or an organization which operates for the benefit of the enemy,
6. by acting as an informer or in any similar way contributes to any person being subjected to deprivation of liberty or any other injury by the enemy or any party or organization mentioned in 5,
7. encourages, incites, is party to deciding or takes part in any lockout, strike or boycott which is illegal according to the labour or boycott legislation and weakens Norway's ability to resist,
8. participates in an improper manner in the enemy's administration of occupied Norwegian territory,
9. carries out or participates in an improper manner in commercial activities for the enemy,
10.otherwise unlawfully assists the enemy against Norway or weakens Norway's ability to resist,

or who aids and abets thereto, shall be liable to imprisonment for a term of not less than three years but not exceeding 21 years. If the offence is of minor importance, imprisonment for a term of less than three years may be imposed. The same penalty shall be imposed on any person who commits any such act against a State allied with Norway or at war with a common enemy.

These provisions are also applicable if the act is committed when military action is initiated against Norway or an attempt is made by a foreign power to occupy or attack Norwegian territory, or with such circumstances in mind.

No penalty shall be imposed on any Norwegian citizen residing abroad for any act that he is obliged to perform by the laws of the place where he resides.

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.