Rome Statute of the International Criminal Court
(vi)
Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article
7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting
a serious violation of article 3 common to the four Geneva Conventions;
(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or
using them to participate actively in hostilities;
(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless
the security of the civilians involved or imperative military reasons so demand;
(ix)
Killing or wounding treacherously a combatant adversary;
(x)
Declaring that no quarter will be given;
(xi)
Subjecting persons who are in the power of another party to the conflict to physical mutilation
or to medical or scientific experiments of any kind which are neither justified by the medical,
dental or hospital treatment of the person concerned nor carried out in his or her interest, and
which cause death to or seriously endanger the health of such person or persons;
(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be
imperatively demanded by the necessities of the conflict;
(xiii) Employing poison or poisoned weapons;
(xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or
devices;
(xv) Employing bullets which expand or flatten easily in the human body, such as bullets with a
hard envelope which does not entirely cover the core or is pierced with incisions.
(f)
3.
Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply
to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence
or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State
when there is protracted armed conflict between governmental authorities and organized armed
groups or between such groups.
Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or reestablish law and order in the State or to defend the unity and territorial integrity of the State, by all
legitimate means.
Article 8 bis3
Crime of aggression
1.
For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or
execution, by a person in a position effectively to exercise control over or to direct the political or military
action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest
violation of the Charter of the United Nations.
2.
For the purpose of paragraph 1, “act of aggression” means the use of armed force by a State against
the sovereignty, territorial integrity or political independence of another State, or in any other manner
inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration
of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December
1974, qualify as an act of aggression:
3
(a)
The invasion or attack by the armed forces of a State of the territory of another State, or any military
occupation, however temporary, resulting from such invasion or attack, or any annexation by the use
of force of the territory of another State or part thereof;
(b)
Bombardment by the armed forces of a State against the territory of another State or the use of any
weapons by a State against the territory of another State;
(c)
The blockade of the ports or coasts of a State by the armed forces of another State;
(d)
An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of
another State;
Inserted by resolution RC/Res.6 of 11 June 2010.
7